AN OUTSTANDING FLORIDA WATER PETITION FOR

THE ST. MARYS RIVER

Photograph by: Tristan Harper

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A Petition for Designating the St. Marys River

an Outstanding Florida Water

Submitted by:

Prepared By:

Conservation Clinic, Levin College of Law, University of Florida Environmental Law Practicum, The University of Georgia School of Law

January 2009

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Petition to Initiate Rule-Making

Petition 1. This is a petition by the St. Marys River Management Committee to initiate rule-making

pursuant to Florida Statute 120.54(5), and Florida Administrative Code _____ for the purpose of amending FAC Rule 62-302.700 to designate the St. Marys River and the connecting tributaries as an Outstanding Florida Water.

2. Petitioner St. Marys River Management Committee (SMRMC) is an intergovernmental entity

of elected and appointed members from Baker, Camden, Charlton, and Nassau counties along the St. Marys River in Florida and Georgia. The SMRMC is charged with developing and implementing management plans and programs that protect the River and its unique characteristics. The SMRMC members are also active users of the River, for both recreational and economic activities.

Facts

3. The St. Marys River is located in northeastern Florida and southeastern Georgia, forming the

eastern side of the border between these two states. The river originates in the Okefenokee Swamp in Georgia and flows out to its mouth on the Atlantic coastline of Florida, near Fernandina Beach, Florida.

4. The St. Marys River is a largely undeveloped blackwater river with a rich history that is used

mainly for recreational and ecological activities. The banks of the River are used primarily by timber and forestry operations, various conservation and recreational areas, and some scattered large developments and low density residential areas.

5. The St. Marys River has exceptional ecological significance due to its unique blackwater

character, an abundance of plant and animal species (including 35 threatened or endangered plant and animal species, 52 species of fish, 6 endangered marine animal species, and over 50 animal species considered rare and of special concern in Florida and Georgia), and multiple distinct ecological systems as the river moves from the Okefenokee Swamp to its mouth.

6. The River also has exceptional recreational significance due to the numerous activities

conducted on the River, such as boating, canoeing, fishing, hunting, camping, biking, sight-seeing, bird-watching, and other nature observation opportunities. Further, the River is home to a variety of natural parks and conservation areas, on both state and federal levels.

7. The St. Marys River has received several distinctions by various agencies, including The

Nature Conservancy and the Georgia Department of Natural Resources, and is listed on Florida’s Statewide System of Greenways and Trails.

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Therefore, petitioner requests the Department of Environmental Protection to initiate rule-making to amend FAC Rule 62-302.700 to include the St. Marys River from its entrance into the State of Florida at the Florida-Georgia border to its mouth on the Atlantic coast of Florida, and its tributaries, as a designated Outstanding Florida Water. _________________________ Dean Woehrle, Chairman P. O. Box 251 St. Marys River Management Committee Folkston, GA 31537

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Table of Contents

Page

I. Introduction and Overview II. River Boundaries Requested for Designation

III. History and Cultural Significance IV. Ecological Significance V. Recreational Significance VI. Accomplishments of the St. Marys River Management

Committee VII. Current and Future Ownership of the River VIII. Threats to the St. Marys River IX. Cost-Benefit Analysis X. Letters of Support

XI. Appendix

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Introduction and Overview

Physical Description. The St. Marys begins deep within the Okefenokee Swamp and flows along a twisting 130-mile-long path into the Cumberland Sound and the Atlantic Ocean only 40 air-miles from its headwaters. The river undergoes three distinct physical changes on its path to the ocean. Its headwaters, from the Okefenokee Swamp (the north “prong”) and the Pinhook Swamp (the middle “prong”), are narrow and winding. Here, the scenery is dominated by cypress and tupelo trees and snow-white sandbars. In the middle portion, from Trader’s Hill to the U.S. 17 bridge, the St. Marys becomes wider and is characterized by bottomland swamps and sandy bluffs. The lower portion of the river, from the U.S. 17 bridge to Cumberland Sound, is tidally influenced, with reverse flows occurring twice daily. Freshwater and saltwater marshes dominate this area.

Geopolitical Description. The St. Marys River is located in southeastern Georgia and northeastern Florida. It’s centerline forms the easternmost portion of the border between the two states. The River’s watershed is primarily situated in 4 counties along this border: Camden and Charlton Counties in Georgia, and Baker and Nassau Counties in Florida __% of the River’s watershed lies in Florida, while the remaining portion is found in Georgia. In Florida, The St. Marys River watershed also falls within the jurisdiction of the St. Johns River Water Management District (SJRWMD). Georgia is currently establishing water management districts throughout the state, based on county boundaries. With support from SJRWMD, The St. Marys River Management Committee (SMRMC) was established in the early 1990’s to audit local management of the river and develop and maintain a management plan to guide the river’s future. This management plan was published in 2003, and adopted by area governments in a four-county resolution. Land use & development trends. Current land use on the St. Marys is primarily based around siliviculture. Pockets of low-density residential and commercial development are present, along with conservation areas and wetlands. Future land use plans as well as pending development proposals suggest increased development interest in the watershed in both states, as well as directly on the river. These primarily call for low density residential and commercial land uses, but include some large scale “Developments of Regional Impact”, especially in Georgia. Ecological Description. The St. Marys River is currently designated a Class III water in Florida (suitable for recreation, propagation and maintenance of a healthy, well-balanced population of fish and wildlife) and has a designated use of Fishing in Georgia. Much of the main stem of the river is considered to have “good” water quality, with some areas of “fair” water quality in proximity to developed areas. It is important to note that the fair water quality in the headwaters is due to low dissolved oxygen content, which is natural in blackwater streams due to higher rates of decomposition. The River’s excellent water quality and surrounding habitat supports a variety of healthy ecosystems as the River moves from the Okefenokee Swamp to the Atlantic Ocean. Example native plant species found in the St. Marys River basin are bald cypress, longleaf pine, black gum, southern magnolia, red maple, American holly, poplar, black willow, river birch and a variety of oaks. Wildlife in this area includes osprey, bald eagle, white-tailed deer, black bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise, alligator and indigo snake.

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Recreational Value. With few river crossings and little development along its banks, the St. Marys River is used primarily for recreation. Canoeing, boating, fishing, camping and water-skiing are just some of the ways the river is enjoyed by the public. A variety of publicly accessible recreational sites are also located on the River, including two national sites (Okefenokee Swamp National Wildlife Refuge and Cumberland Island National Seashore) and three state sites in Florida (Ralph E. Simmons Memorial State Forest, John M. Bethea State Forest, and Fort Clinch State Park). Transboundary Nature of the River. The St. Marys River flows along the easternmost border between Georgia and Florida. The ecological quality of the River is naturally very similar on both sides of the bank. In Florida, the St. Marys is designated as a Class III water, while Georgia prescribed a designated use of Fishing. Georgia has done its part to maintain the water quality, such as upgrading the municipal waste treatment plants in the St. Marys River basin to reduce loading pollutants and improve water quality below wastewater treatment plant outfalls. Recreational efforts in both states towards the River are also similar. Florida and Georgia both hold National sites within the St. Marys basin (Okefenokee Swamp National Wildlife Refuge in Georgia and Cumberland Island National Seashore in Florida). The states have also agreed on fishing and boating regulations through a Reciprocal Agreement. Further cooperative efforts between Florida and Georgia include the establishment of the St. Marys River Management Committee, a group recognized by the four counties in the River basin (Charlton and Camden Counties in Georgia, and Baker and Nassau Counties in Florida). The Committee released a St. Marys River Management Plan in 2003, which set specific goals to maintain the quality and use of the River. Included in the Plan is an agreement from all four counties to adopt these goals regarding their actions on the River. Land ownership patterns on both sides of the River are also similar. While forestry and timber operations control a large portion of land in the River basin, this industry is more prevalent on the Georgia side. Georgia also, similar to Florida, has pockets of residential and commercial properties, as well as conservation/preservation lands.

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River Boundaries Requested for Outstanding Florida Water Designation

The St. Marys River Management Committee requests that the Department of Environmental Protection include, in its consideration to designate the St. Marys River as an Outstanding Florida Water, that portion of the St. Marys River and major tributaries residing within the boundaries of the State of Florida, within the following boundaries:

- Beginning on its western end at the intersection of State Road 94/2 (30° 31’ 03.1” N – 82° 13’ 48.9” W) located southwest of Moniac and extending westward to the river’s mouth (see Figure 1), which is located just west of a line extending from the northern most part of the southern shoreline just east of where the Jolly River enters the St. Marys River (30° 43’ 12.3” N – 81° 29’ 38.4” W) through the range marker on the opposite shore (30° 43’ 39.9” N – 81° 30’ 05.2” W) to the northern shoreline (see Figure 2).

Also, as an important tributary, the SMRMC would like to include the Jolly River and that western portion of the Belles River which connects the St. Marys River to the Jolly River west of a line crossing the Belles River from the beginning of the Jolly River’s southern shore running southward to the Belles River’s south shore (from 30° 41’ 37.5” N – 81° 32’ 36.0” W to 30° 41’ 32.1” N – 81° 32’ 35.1” W, see Figure 3). Figure 1 – OFW Boundary, Beginning at Moniac.

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Figure 2 – OFW Boundary, Ending at the Mouth of the St. Marys River

Figure 3 – OFW Boundary, the Belles River Exclusion

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Historical and Cultural Significance

The St. Marys River has a long and interesting history. Some evidence has been found that indicates the St. Marys was used by Native American, however much of the area’s early history remains to be studied.1 The Indians named the River THLATHLOTHLAGUPHKA or PHLAPHLAGAPHGAW, meaning “Rotten Fish”, but white settlers couldn’t pronounce it.2 Jean Ribault (1520-65) upon finding it May 1, 1562, called it the “Seine”.3 The present name originated from that of the early mission.4 The river was also home to the early Spanish settlers and is said to have been the scene of pirate activity.5 Folkston once was the location of a Spanish mission, San Lorenzo de Ibihica, from 1620–1656.6

The St. Marys has also appeared in various historical accounts of military operations. In

1862, for instance, the River was referenced as an encampment for a famous Florida Civil War fighting unit, the Marion Light Artillery, while they waited for the Federals to move from Fernandina.7 Fort Clinch State Park is also situated on the St. Marys at the mouth of the river. Built in 1847, the Fort was first occupied by Confederate soldiers in 1861.8 However, after General Lee ordered a withdrawal in 1862, Union troops moved in, and the Fort served as their base for the area for the remainder of the War.

The river played an active role in the economic development of northeast Florida and

southeast Georgia.9 British occupation in the late 1700s brought commerce to the region as crops of cotton, indigo and rice were introduced.10 In the early territorial days of Florida, schooners and sloops traveled the river and in the late 1800s, steamers carried passengers, cargo and mail along the river, which had become an active shipping route for numerous lumber mills along its banks.11 Mariners went out of their way to obtain the tea-colored water of the St. Marys, which was prized for its chemical qualities.12 Decaying vegetation produces tannic acid, giving the water its burgundy color and also acting as a preservative that would keep the water fresh for two years.13 Use of the St. Marys as a route for lumber mills lasted until the early 1900s, when the mills closed their doors due to a lack of accessible timber, leaving the river to settle back and develop into its present tranquil state.14

1 St. Marys River Management Committee, St. Marys River History, http://www.saintmarysriver.org/history.html 2 Id. 3 Id. 4 Id. 5 Id. 6 Richard J. Lenz, Longstreet Highroad Guide to the Georgia Coast & Okefenokee: St. Marys River, http://www.sherpaguides.com/georgia/coast/southern_coast/st_marys_river.html 7 Mary Elizabeth Dickison, Dickison and his men : Reminiscences of the war in Florida, xi (1890) 8 Wildernet, Fort Clinch State Park, http://www.wildernet.com/pages/area.cfm?areaID=FLSPFOCL&CU_ID=1 9 St. Marys River Management Committee, St. Marys River History, http://www.saintmarysriver.org/history.html 10 Id. 11 Id. 12 Richard J. Lenz, Longstreet Highroad Guide to the Georgia Coast & Okefenokee: St. Marys River, http://www.sherpaguides.com/georgia/coast/southern_coast/st_marys_river.html 13 Id. 14 Id.

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As to current evidence of the River’s history, various items can still be found on the River. Ballast stones were discarded by sailing ships taking on water, and can be found on the banks of the River, primarily on the Florida side.15 These stones are particularly valuable in this area since they are so rare in northeast Florida and southeast Georgia.16 Stones and pilings from piers, over 100 years old, can also still be seen on the River’s edge around King’s Ferry.17

Okefenokee National Wildlife Refuge and Cumberland Island National Seashore, as

noted below in the Recreational Significance section of this petition, also offer historic value for the Chesser Island Homestead (Okefenokee Refuge) and historic structures and ruins (Cumberland Island).18

15 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 16 Id. 17 Id. 18 Id.

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Ecological Significance of the Saint Marys River Basin The “exceptional ecological significance” of the Saint Marys River is demonstrated by the diverse ecosystems represented throughout the basin, the undeveloped nature of the watershed, the generally “good” water quality of the river, and the numerous plant and animal species-many of which are protected, that are found throughout the basin.19 Most significantly, the St. Marys River connects two very important ecosystems, the Okefenokee Swamp and the Cumberland Sound through a virtually undeveloped river corridor.20 Known as one of the seven wonders of Georgia, the Okefenokee is the largest swamp in North America, spanning an area of approximately 700 square miles in Georgia and Florida, with a watershed of over 1,400 square miles.21 Both the Suwannee and Saint Marys River headwaters are within the Okefenokee Swamp, making their way to the Gulf of Mexico and the Atlantic Ocean respectively.22 Cumberland Sound is adjacent to Cumberland Island National Seashore, which has the longest beach of the Georgia barrier islands, and is visited by large numbers of nesting sea turtles each year.23 Threatened, Endangered, and Imperiled Fauna Due to an extensive distribution of undeveloped wetlands and upland matrix, the St Marys River basin provides good quality habitat for a large number of plants and animals, as well as critical habitat for various threatened and endangered species.24 The basin offers important travel corridors for the Florida black bear; dry sandhill habitat for the Sherman’s fox squirrel; open pine habitat for the Southeastern American kestral, red-cockaded woodpecker, and gopher tortoise; foraging, roosting, and nesting habitat for a large assortment of wading birds; and a pristine blackwater river important to several rare and endangered fish species.25

19 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 20 Id. 21 The New Georgia Encyclopedia, http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-649 (last visited Nov. 25, 2008). 22 Id. 23 SherpaGuides.com, Cumberland Island National Seashore, http://www.sherpaguides.com/georgia/coast/southern_coast/cumberland_island_national_seashore.html (last visited Dec. 14, 2008). 24 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. Florida Natural Areas Inventory, County Occurrence Summaries. 2000, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008. Georgia Natural Heritage Program, Rare Species Locations. 2000, available at http://www.dnr.state.ga.uf/dnr/wild/natural.html#RARESP (last visited Nov. 24, 2008). KBN Engineering and Applied Sciences, Inc. A Wetland Management Strategy for the St. Marys River Basin. 1992, available at http://74.125.45.132/search?q=cache:qbOeg7bEj3wJ:sjr.state.fl.us/technicalreports/pdfs/SP/SJ93-SP7.pdf+A+Wetland+Management+Strategy+for+the+St.+Marys+River+Basin&hl=en&ct=clnk&cd=1&gl=us&client=safari (last visited Nov. 24, 2008). 25 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. Florida Natural Areas Inventory, County Occurrence Summaries. 2000, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008.

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Additionally, the St Marys basin provides large expanses of relatively undeveloped land that provides ecological connections between areas outside the basin, such as the Satilla River basin to the north, Okefenokee Swamp National Wildlife Refuge/Pinhook Swamp/Osceola Forest complex to the west, and Upper Black Creek basin to the southwest, and the Nassau River/Timucua Reserve/Lower St. Johns River to the southeast.26 These linkages are especially important to foraging wading birds and species with large ranges such as the Florida black bear.27 For example, both the Florida black bear and the red-cockaded woodpecker utilize habitat in the southwestern portion of the St. Marys River watershed.28 Safeguarding the natural resources in this area and providing ecological linkages to the Upper Black Creek basin would be beneficial to these species.29 This proposed linkage would connect to the Ocala-Wekiva region is the most likely location as other areas are limited by development.30 Inventories conducted by the Florida Natural Areas Inventory and Georgia Natural Heritage Program have found the following endangered and threatened species in the St. Marys River basin: wood stork (Mycteria americana), peregrine falcon (Falco peregrinus), red-cockaded woodpecker (Picoides borealis), gray bat (Myotis grisescens), Kirtland’s warbler (Dendroica kirtlandii), Florida black bear (Ursus americanus floridanus), American alligator (Alligator mississippiensis), eastern indigo snake (Drymarchon corais couperi), Atlantic sturgeon (Acipenser oxyrhynchus), and southeastern American kestral (Falco sparverius paulus), least tern (Sterna antillarum), and Florida sandhill crane (Grus canadensis).31 The St. Marys River basin provides habitat to many species that are listed as rare or of special concern in Florida or Georgia.32 Some of the species are relatively common in the basin, even though on a statewide or national basis they are considered imperiled.33 These species

Georgia Natural Heritage Program, Rare Species Locations. 2000, available at http://www.dnr.state.ga.uf/dnr/wild/natural.html#RARESP (last visited Nov. 24, 2008). KBN Engineering and Applied Sciences, Inc, A Wetland Management Strategy for the St. Marys River Basin. 1992, available at http://74.125.45.132/search?q=cache:qbOeg7bEj3wJ:sjr.state.fl.us/technicalreports/pdfs/SP/SJ93-SP7.pdf+A+Wetland+Management+Strategy+for+the+St.+Marys+River+Basin&hl=en&ct=clnk&cd=1&gl=us&client=safari (last visited Nov. 24, 2008). 26 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 27 Id. 28 Id. 29 Id. 30 Id. 31 Florida Natural Areas Inventory, County Occurrence Summaries. 2002, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008 Georgia Natural Heritage Program, 2000. Rare Species Locations. 2000, available at: http://www.dnr.state.ga.uf/dnr/wild/natural.html#RARESP (last visited Nov. 24, 2008). 32 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. Florida Natural Areas Inventory, 2000. County Occurrence Summaries, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008. Georgia Natural Heritage Program, Rare Species Locations. 2000, available at http://www.dnr.state.ga.uf/dnr/wild/natural.html#RARESP (last visited Nov. 24, 2008). 33 Pandion Systems, 2003. Saint Marys River Management Plan, available at http://www.saintmarysriver.org/guide.html. Florida Natural Areas Inventory, 2000. County Occurrence Summaries, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008

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include: Sherman’s fox squirrel (Sciurus niger shermani), southeastern myotis [bat] (Myotis austroriparius), Rafinesque’s big-eared bat (Corynorhinus rafinesquii), big brown bat (Eptesicus fuscus), southeastern weasel (Mustela frenata olivacea), Atlantic saltmarsh mink (Mustela vison lutensis), round-tailed muskrat (Neofiber alleni), Sherman’s short-tailed shrew (Blarina carolinensis=brevicaulis), southeastern shrew (Sorex longirostris longirostris), gopher tortoise (Gopherus polyphemus), Alligator snapping turtle (Macroclemys temminckii), Florida redbelly turtle (Pseudemys nelsoni), spotted turtle (Clemmys guttata), eastern diamondback rattlesnake (Crotalus admanteus), timber rattlesnake (Crotalus horridus), Florida pine snake (Pituophs melanoleucus mugitus), pine woods snake (Rhadinaea flavilata), striped crayfish snake (Regina alleni), striped newt (Notophtalmus perstriatus), gopher frog (Rana capito), carpenter frog (Rana virgatipes), many-lined salamander (Stereochilus marginatus), flatwoods salamander (Ambystoma cingulatum), bald eagle (Haliaetus leucocephalus), osprey (Pandion haliaetus), Cooper’s hawk (Accipiter cooperii), swallow-tailed kite (Elanoides forficatus), merlin (Falco columbarius), great egret (Ardea alba), reddish egret (Egretta rufescens), little blue heron (Egretta caerulea), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), limpkin (Aramus guarauna), yellow-crowned night heron (Nyctanassa violacea), black-crowned night heron (Nycticorax nycticorux), white ibis (Eudocimus albus), glossy ibis (Plegadis falcinellus), least bittern (Ixobrychus exilis), black rail (Laterallus jamaicensis), American oystercatcher (Haematopus palliates), brown pelican (Pelecanus occidentalis), black skimmer (Rynchops niger), Caspian tern (Sterna caspia), royal tern (Sterna maxima), Sandwich tern (Sterna sandvicensis), Bachman’s sparrow (Aimophila aestivalis), MacGillivray’s seaside sparrow (Ammodramus maritimus macgillivraii), Worthington’s marsh wren (Cistothorus palustris griseus), worm-eathing warbler (Helmintheros verminvorus), hairy woodpecker (Picoides villosus), and the Panamerican balsamscale (Elyonurus tripacoides).34 Fisheries and Marine Mammals of the Saint Marys River Basin The Saint Marys River basin supports a large number of fish species, including 52 species representing 17 families.35 Sunfish are the largest group of fish species found in the river basin, with 15 of the 34 species represented.36 Both the minnow and catfish families are also well represented, with six species from each family found in the St. Marys basin.37 Acidic waters, extreme variation in flow, and low alkalinity limit fish production in the St. Marys basin.38 Particularly important, there are 10 species of fish live in the St. Marys basin that are considered to be either rare or endangered by Florida or Georgia.39 They include the Atlantic sturgeon (Acipenser oxyrhynchus), common snook (Centropomus undercimalis), mud sunfish

34 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. Florida Natural Areas Inventory, County Occurrence Summaries. 2000, available at http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008 35 Georgia Environmental Protection Division. 2002. Saint Marys River Management Plan, available at http://www.gaepd.org/Documents/st_marys.html (last visited Nov. 24, 2008). 36 Id. 37 Id. 38 Id. 39 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html.

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(Acantharchus pomotis), black-banded sunfish (Enneacanthus chaetodon), eastern mudminnow (Umbra pygmaea), banded topminnow (Fundulus auroguttatus), and golden topminnow (Fundulus chrysotus). Further, many consider the St. Marys River to be one of the best redbreast sunfish rivers in the Southeast, as well supporting large bluegill and largemouth bass populations.40 Also of note, the St. Marys is one of the few Southeastern coastal plain rivers to be free of the invasive flathead catfish, which have serious detrimental impacts on native fish populations.41 There have been several species of endangered marine mammals recorded in the waters of the Atlantic Ocean, Cumberland Sound, and the St. Marys River estuary.42 The area surrounding Cumberland Island is so important to the endangered northern right whale (Eubalaena glacialis) that it is Federally protected as a calving ground.43 Additionally, the St. Marys River estuary is used as a wintering ground by the endangered West Indian manatee (Trichechus manatus).44 The estuary and beaches provide foraging and nesting areas for the endangered Kemp’s ridley turtle (Lepidochelys kempii), the endangered leatherback turtle (Dermochelys coriacea), the endangered Atlantic green turtle (Chelonia mydas), and the threatened Atlantic loggerhead turtle (Caretta caretta).45 Protected Flora of the Saint Marys River Basin Due to the pristine nature of the Saint Marys River, it is home to a variety of plant species, with over 23 threatened or endangered plant species within the basin.46 Although these species are protected under either Georgia or Florida law, there are no federally protected species recorded within the St. Marys basin.47 Ecosystems of the Saint Marys River Basin

The Saint Marys River has been identified as a High Priority Site in an assessment of the Southeastern Coastal Plain conducted by The Nature Conservancy in cooperation with state natural heritage programs in the Southeastern states in 2002.48 The river is characterized by slow 40 Id. 41 Id. 42 Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008). 43 Id. 44 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 45 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008). 46 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 47 Id. 48 Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008).

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stream flow and many meanders.49 White sandbars, clay or limestone banks, sandy bluffs, cypress-gum swamps, bottomland hardwood forests, pine flatwoods, tidal swamps, sawgrass flats and coastal marshes are important natural ecosystems along this blackwater river corridor.50 Protection of the river floodplains will maintain important wildlife migration corridors between the Okefenokee Swamp, the coastal wetlands of Georgia and Florida, and the lands of the Osceola National Forest.51 In addition, the Georgia Department of Natural Resources, in its Comprehensive Wildlife Conservation Strategy has named the St. Marys River a High Priority Water, which are chosen based on occurrences of high priority species, high water quality rankings (based on Index of Biotic Integrity scores), and designation as an exemplary stream by The Nature Conservancy.52

The Saint Marys River basin lies within the Coastal Plain physiographic province, which

extends from South Carolina and Georgia through much of central Florida, and along the Gulf coast lowlands of the Florida Panhandle, Alabama, and Mississippi.53 The St. Marys lies within the Okefenokee Basin District and the Barrier Island Sequence District physiogeographic regions. The Okefenokee Basin District is characterized by low topographic relief, many extensive swamps and bays, and sand ridges.54 There are some highly acidic natural lakes with low clarity and tannic waters.55 Cypress, swamp blackgum, and bay forests are common, among scattered areas of prairie comprised of grasses, sedges, and aquatic plants.56 The surrounding area is mainly pine forest with areas of forested wetlands.57 The Barrier Island Sequence District is characterized by prominent marine terracing forming a step-wise progression on increasing altitudes extending from the coast.58 Previous higher sea levels produced barrier island-salt marsh environments similar to the ones found presently on the coast.59 The terraced sand ridges today are the former barrier island salt marshes.60

The Saint Marys River goes through three distinct physical changes beginning in the Okefenokee Swamp before finally reaching the Cumberland Sound 130 river-miles later.61 At the headwaters, the river is narrow and winding, with many white sandbars and mostly cypress and tupelo trees.62 The middle portion, extending from Traders Hill to U.S. 17, is wider and typified by bottomland hardwood swamp and sandy bluffs.63 The final portion of the river, from

49 Id. 50 Id. 51 Id. 52 Id. 53 Id. 54 Georgia Environmental Protection Division. 2002. Saint Marys River Management Plan, available at http://www.gaepd.org/Documents/st_marys.html (last visited Nov. 24, 2008). 55 Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008). 56 Id. 57 Id. 58 Id. 59 Id. 60 Id. 61 Id. 62 Id. 63 Id.

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U.S. 17 to Cumberland Sound, is tidally influenced and experiences flow reversal twice daily.64 Common native species found in the St. Marys basin include bald cypress, longleaf pine, black gum, southern magnolia, red maple, American holly, poplar, black willow, river birch and many oak species.65 Native wildlife in the area include osprey, bald eagle, white-tailed deer, black bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise, American alligator and indigo snake.66 Water Quality

The Saint Marys River is designated a Class III water in Florida (suitable for recreation, propagation and maintenance of a healthy, well-balanced population of fish and wildlife) and a designated use of Fishing in Georgia.67 Among the many agencies and entities studying the water quality of the St. Marys, there is a general consensus that much of the main stem of the river has good water quality, with some areas of fair water quality in proximity to developed areas.68 This generally good water quality is attributed in part to large-tract ownership and stewardship, along with the use of best management practices.69 Good water quality indicates the water body is meeting its designated use, while fair indicates that there are times when the designated use is not being attained.70 It is important to note that the fair water quality in the headwaters is due to low dissolved oxygen content, which is natural in blackwater streams due to higher rates of decomposition.71

By far the most common reason for a listing of “impaired” is due to low dissolved

oxygen, in 7 of the 11 non-supporting streams.72 In the remaining portions of the St. Marys that have only fair water quality, elevated nutrient concentrations and fecal coliform are responsible above Macclenny, in the Little St. Marys River, and in estuarine portions of the river.73 Additionally, near Macclenny, point discharges and stormwater runoff may be influencing water quality in both the Cedar Creek and South Prong tributaries.74 Some of the impaired waters that are listed due to either nutrients or fecal coliform additionally are listed as impaired based on fish consumption limitations.75 This is due to atmospheric deposition of mercury from coal burning power plants, which is a serious problem for many rivers in the Southeastern United States.76 The EPA has recently taken steps to reduce mercury emissions from these power plants.77

64 Id. 65 Id. 66 Id. 67 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 68 Id. 69 Id. 70 Id. 71 Id. 72 Id. 73 Id. 74 Id. 75 Id. 76 Id. 77 Id.

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Additionally, some stream segments with fair water quality are not listed in the TMDL program of the Federal Clean Water Act.78 For example, Deep Creek, which flows into the St. Marys east of the South prong, has had elevated nutrient concentrations that may be the result of septic tank influences, urban runoff, and agriculture from the Baldwin area.79

The EPA has listed 12-point source discharges in the St. Marys River basin regulated under the National Pollutant Discharge Elimination System (NPDES) (See Table ?).80 Municipal wastewater treatment plants are among the most significant point sources in the St. Marys River basin.81 Pollutants associated with treated wastewater include pathogens, nutrients, oxygen-demanding waste, metals, and chlorine residuals.82 Georgia has worked to upgrade the municipal waste treatment plants in the St. Marys River basin, resulting in reductions in pollutants loading and improvements in water quality below wastewater treatment plant outfalls.83 Within the St. Marys basin, there were 0 miles of rivers/streams that were not supporting their designated uses from municipal waste treatment plants.84 Some of these sources have the potential to affect water quality in the river’s tributaries, but as yet the impact on the main river’s water quality has been minor.85 Additionally, many of the tributaries have intact floodplain wetlands, which naturally remove pollution and sediments.86

Table 1. NPDES wastewater dischargers in St. Marys River basin. Adapted from St. Marys River Management Plan. Facility Name Receiving Water Discharge Type Location Eastwood Oaks Apartments

Polishing pond Domestic Hilliard, FL

Fernandina Beach Municipal Treatment Plant

Amelia River Municipal Fernandina Beach, FL

Folkston Pond Tributary to Spanish Creek

Municipal Folkston, GA

Corporacion Durango St. Marys River Industrial St. Marys, GA Hilliard Unnamed stream Municipal Hilliard, FL ITT Rayonier Amelia River Industrial Fernandina Beach Smurfit-Stone Amelia River Industrial Fernandina Kingsland Pond Little Catfish Creek Municipal Kingsland, GA Macclenny WWTP Turkey Creek Municipal Macclenny, FL Marsh Cove Apartments

Amelia River Domestic Amelia River

78 Id. 79 Id. 80 Georgia Environmental Protection Division. 2002. Saint Marys River Management Plan, available at http://www.gaepd.org/Documents/st_marys.html (last visited Nov. 24, 2008). 81 Id. 82 Id. 83 Id. 84 Id. 85 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 86 Id.

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Northeast Florida State Hospital

Turkey Creek Domestic Macclenny, FL

St. Marys WWTP St. Marys River Municipal St. Marys, GA

Typical pollutants in urban storm water runoff include pathogens, heavy metals, debris, oil and grease, petroleum hydrocarbons and various other toxic compounds poisonous to aquatic life.87 Urban storm water runoff in the St. Marys basin has been recognized as a source of pollutants such as oxygen-demanding waste and fecal coliform bacteria.88 The headwaters that form the St. Marys are distinguished by high acidity and color, and low dissolved oxygen at times.89 This is most common during the summer when decomposition accelerates in adjoining swamps, especially the Okefenokee.90

The middle portion of the St. Marys River (from Macclenny to Folkston/Boulogne) has excellent water quality, with favorable dissolved oxygen content and low suspended solids.91 However, several tributaries feeding this portion of the river are listed as impaired, and one NPDES discharger, the city of Folkston water treatment plant, discharges into Spanish Creek.92

The lower portion of the St. Marys River has more complex water quality based on tidal and saline influences that affects both water clarity and dissolved oxygen content.93 The river is also influenced by point sources from wastewater discharges in and around the towns of St. Marys, Kingsland, and Fernandina Beach.94 These portions of the river do not fully support their designated uses because of fish consumption guidelines, dissolved oxygen, nutrients, total suspended solids, and fecal coliform.95 Recent Water Quality Data Using water quality data provided by the Saint Johns Water Management District, the following graphs represent nutrient levels in four locations along the St. Marys River. The nutrients chosen are dissolved ammonia, nitrogen oxide, and phosphates. The first location (Near SR 2) is farthest upstream, followed by the location near Macclenny, the location west of Trader’s Hill, and finally the location near U.S. 17, closest to Cumberland Sound. Based on the average dissolved nutrient levels in the four locations along the St. Marys, the levels for all three appear to be relatively low. The station near Macclenny has slightly higher values for both nitrogen oxide and phosphates, which is likely explained by the larger amount of development,

87 Georgia Environmental Protection Division. 2002. Saint Marys River Management Plan, available at http://www.gaepd.org/Documents/st_marys.html (last visited Nov. 24, 2008). 88 Id. 89 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 90 Id. 91 Id. 92 Id. 93 Id. 94 Id. 95 Id.

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and point source discharges. See Appendix ___ for a print out of other tested water quality indicators. Table 2. Average Dissolved Levels of Nitogen Oxide, Ammonia, and Phosphates Along the St. Marys From 2006-2008. Station NOx (mg/L) NH4 (mg/L) PO4 (mg/L) S.R. 2 0.032 0.042 0.028 Macclenny 0.147 0.024 0.061 Trader’s Hill 0.067 0.027 0.027 U.S. 17 0.051 0.031 0.018

Nutrient Levels on the St. Marys Near SR 2 from 2006-2008

-0.02

0

0.02

0.04

0.06

0.08

0.1

0.12

0.14

2/7/06 4/5/06 6/6/06 8/9/06 10/5/06 12/7/06 2/8/07 4/24/07 8/9/07 4/9/08 6/12/08 8/6/08

19010006 SR 2

Time

NoxNH4PO4

20

Nutrient Levels on the St. Marys Near Macclenny from 2006-2008

0

0.05

0.1

0.15

0.2

0.25

0.3

2/15/06 4/14/06 6/15/06 10/5/06 12/7/06 2/8/07 4/24/07 8/9/07 4/9/08 8/6/08

02231000 Mcclenney

Time

NoxNH4PO4

Nutrient Levels on the St. Marys Near Trader's Hill from 2006-2008

0

0.02

0.04

0.06

0.08

0.1

0.12

0.14

0.16

0.18

2/15/06 4/5/06 6/6/06 8/9/06 10/5/06 12/7/06 2/8/07 4/23/07 8/9/07 4/9/08 6/12/08 8/6/08

SJA-HS-1018

Traders Hill

Time

NoxNH4PO4

21

Nutrient Levels on the St. Marys near US 17-2006-2008

0

0.02

0.04

0.06

0.08

0.1

0.12

0.14

0.16

0.18

1/4

/06

2/1

/06

3/2

/06

04/0

4/2

006 0

0:0

0

5/3

/06

6/1

4/0

6

7/5

/06

8/8

/06

9/6

/06

10/2

/06

11/1

5/0

6

12/6

/06

1/1

0/0

7

2/7

/07

3/5

/07

4/3

/07

5/1

/07

6/4

/07

7/9

/07

7/3

1/0

7

9/6

/07

10/4

/07

11/6

/07

12/4

/07

1/7

/08

4/2

/08

6/4

/08

19010001 US 17

Time

NoxNH4PO4

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Recreational Significance

Recreational and sightseeing uses of the St. Marys River are quoted as being the primary

uses of the River.96 Frequent use of the River for boating, canoeing, and kayaking activities is apparent upon visiting the St. Marys. The St. Marys River Canoe Trail is officially designated as part of Florida’s Statewide System of Greenways and Trails.97 In 2000, 17 public access sites on the main River were identified, with 7 located on the Florida side.98

Naturally, fishing also thrives on the St. Marys River. Over 65 species of fish have been

identified in the River.99 At the Rivers’ mouth, redfish, flounder, and spotted sea trout are

96 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 97 The Florida Department of Environmental Protection, St. Marys River Canoe Trail, available at http://www.dep.state.fl.us/gwt/guide/regions/north/trails/st_marys_river.htm 98 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 99 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html.

Figure 4. Public Access Sites Along the St. Marys River. Adopted from the St. Marys River Management Plan.

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abundant, while largemouth bass, panfish, and catfish are popular species in the middle and upper portions of the River.100 Florida and Georgia agree on fishing and boating regulations in the form of a Reciprocal Agreement, which mainly assigns each state’s regulations to that side of the River.101 These regulations are supported through sufficient enforcement of activities on the River.102

Abundant wildlife in the St. Marys River basin area also support wildlife-related

recreational activities, including bird watching, hunting, and general sightseeing.103 Unique plant and animal species that support these activities are bald cypress, black gum, southern magnolia, red maple, American holly, poplar, black willow, river birch, various oaks, osprey, bald eagle, white-tailed deer, black bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise, alligator and indigo snake.104

In addition to these recreational offerings of the St. Marys River, five major public

recreational sites are located on the River, two being national sites and three Florida sites. The two National sites are Okefenokee Swamp National Wildlife Refuge and Cumberland Island National Seashore.

Okefenokee Swamp National Wildlife Refuge in Georgia is the originating source for the

St. Marys River. This wildlife refuge is the largest in the eastern US, made up of a 396,000-acre peat bog.105 Due to the vast array of wildlife and ecosystems, an equally wide array of recreational activities are offered by the refuge.106 These activities include camping, water trails, and fishing platforms inside the refuge, and boating, driving tours, hunting, picnicking sites, camping, cabins, boardwalks, and observation tower on the refuge’s perimeter.107 Also offered by the Refuge are a visitor’s center and museum, and the Chesser Island Homestead, an original 1927 log cabin used by the Chesser family of Florida.108

The Cumberland Island National Seashore is 16-mile barrier island.109 Largely

undeveloped, the salt marshes and white-sand beaches provide habitat for a large variety of wildlife and ecosystems.110 21 hiking trails, camping, and picnicking are available ways to view the island’s natural and historical offerings, as it also contains a number of historic structures and ruins.111

100 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 101 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 102 Id. 103 Id. 104 Id. 105 Id. 106 Id. 107 Id. 108 Waymarking.com, Chesser Island Homestead, available at http://www.waymarking.com/waymarks/WM2BFZ 109 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 110 Id. 111 Id.

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The Florida sites are Ralph E. Simmons Memorial State Forest, John M. Bethea State Forest, and Fort Clinch State Park. The Ralph E. Simmons Forest consists of pine forests, cypress swamps, wetlands, oxbow lakes, and the St. Marys River.112 This forest offers vast recreational opportunities to its visitors, including hiking, horseback riding, off-road bicycling, primitive canoe access, riverside camping, group camping, and various hunting seasons for deer, turkey, hog, and more.113 John M. Bethea State Forest, located in Baker County, serves primarily as a wildlife corridor between the Okefenokee National Wildlife Refuge and the Osceola National Forest.114 The Forest occupies 2.9 miles of the River, and houses a variety of natural ecosystems, including flatwoods, basin swamp, dome swamp, wet flatwoods and bottomland forest.115 Recreational activities in the Forest include fishing, canoeing, horseback riding, and hunting.116 Fort Clinch is located at the northern tip of Fernandina Beach, at the mouth of St. Marys River.117 The park is made up of white quartz sand beaches, salt marshes, tidal creeks, coastal hammock forests, and high dunes.118 The Park offers visitors natural trails, fishing/viewing pier, campgrounds, picnic areas, the Atlantic beach, and Fort Clinch itself, used by both armies in the Civil War.119

Other significant recreational sites are located in the watershed of the St. Marys River.

These include the Pinehook Swamp/Osceola National Forest complex, Cary State Forest and Wildlife Management Area, Lake Butler Wildlife Management Area, and Nassau Wildlife Management Area.120

Pinehook Swamp/ Osceola National Forest is located in Baker and Columbia Counties in

Florida.121 The Florida Trail (a part of Florida statewide Greenways and Trails, also certified as a National Scenic Trail by the USDA Forest Service) runs through the Osceola.122 The complex allows visitors a variety of recreational activities, such as camping, hiking, fishing, hunting, swimming, and auto tours.123 A reenactment of the Civil War Battle of Olustee also takes place yearly.124 Cary Forest, half of which lies in the St. Marys’ watershed, provides similar recreation, such as picnicking, hunting, and wildlife observations on the St. Marys River.125 The

112 Id. 113 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 114 St. Johns River Water Management District, John M. Bethea State Forest, available at http://www.sjrwmd.com/recreationguide/n08/ 115 Id. 116 Id. 117 The Florida Department of Environmental Protection, Fort Clinch State Park Trails, available at http://www.dep.state.fl.us/gwt/guide/regions/north/trails/fort_clinch.htm 118 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 119 Id. 120 Id. 121 The Florida Department of Environmental Protection, The Florida Trail in the Osceola National Forest, available at http://www.dep.state.fl.us/gwt/guide/regions/north/trails/osceola_forest.htm 122 Florida Trail Association, http://www.floridatrail.org/ 123 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 124 Id. 125 Id.

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Lake Butler area and Nassau areas, privately owned land managed under cooperative agreements, also provide similar opportunities, including lake fishing in Lake Butler.126

Currently, the St. Marys River Management Committee (SMRMC) has several initiatives

aimed at protecting the St. Marys’ recreational value.127 First, members are active in the cleaning, restoring, and improvement of two river boat ramp/access points.128 Second, the SMRMC and the St. Johns River Water Management District published The St. Marys River Guide, a guide and foldout map to the river and public recreation and access points.129

The Florida Department of Environmental Protection, in its 2000 Statewide

Comprehensive Outdoor Recreation Plan (SCORP), cited the St. Marys River as a primary natural feature of the Northeast Region.130 The SCORP identified bicycle riding, freshwater beach, and saltwater non‐boat fishing as the biggest recreational needs for 2000.131 The pristine status of this blackwater river provides sanctuaries for high fish and wildlife populations, providing optimal conditions to support these prescribed recreational needs. Further, the FDEP’s 2000 SCORP suggested these initiatives as part of its management recommendations:

3. As Florida continues to become more urban, conservation and recreation lands 

are increasingly threatened by land use decisions that fragment and degrade the ecosystems of which they are a part. Land managers, elected officials, and decision‐makers at all levels must work cooperatively to ensure that the ecological connections and functions essential to the long‐term sustainability of our public lands are preserved. 

4. Water‐based recreation is important to Florida’s economy and quality of life. Yet, many water bodies are unsuitable for recreational use due to pollution. Land managing agencies, local governments, the DEP and the water management districts should work cooperatively to improve the management of surface waters and preserve or restore their suitability for water‐based recreation.132

 The SCORP also suggested that for the specific activity of water‐based recreation, “government at all levels should aim to maintain the State’s fresh and saltwater resources in a fishable, swimmable condition through enforcement of water quality regulations, education, technical assistance, improvement of aging or nonexistent storm water and wastewater treatment systems, and site‐specific lake and river restoration projects.”133   

 

126 Id. 127 Id. 128 Id. 129 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 130 The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan, 2000, available at http://www.dep.state.fl.us/parks/planning/#Comprehensive 131 Id. 132 Id. 133 Id.

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These initiatives taken directly from FDEP show the importance of protecting the St. Marys River for its recreational value.  Designating the River as an OFW will ensure that these activities can and will continue for its local users and visitors alike.  

A 2007 SCORP is currently being drafted. In their projections for 2007 and beyond, the

Northeastern region (including the St. Marys River basin area) holds the second highest projected use in the state for the water and land use categories of freshwater boat fishing, freshwater boat ramp use, RV/Trailer camping, and horseback riding.134 This area also places third for freshwater non-boat fishing.135 The 2007 draft also recognizes boat ramps as a special area of concern in relation to Florida’s exponential growth patterns.136 The draft, claiming that “the “mom-and-pop” marinas and fishing camps of Florida’s past have all but disappeared from the scene” identified public access for recreational boating as declining due to the emergence of coastal land development.137

134 The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan Draft, Chapter 5, 2007, available at http://www.dep.state.fl.us/parks/planning/#Comprehensive 135 Id. 136 The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan Draft, Chapter 6, 2007, available at http://www.dep.state.fl.us/parks/planning/#Comprehensive 137 Id.

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Accomplishments of the St. Marys River Management Committee

The St. Marys River Management Committee was formed in 1991. Since that time, the committee has evolved into a group whose primary focus is to audit local management of the river and develop and maintain a management plan to guide the river’s future. The committee consists of volunteers who represent the four counties that border the river and form the dominant portion of the basin: Charlton and Camden counties in Georgia, and Baker and Nassau counties in Florida. In 1993, the governments of these four counties approved an interlocal and interstate agreement to cooperatively support the committee, prepare a local river management plan and advise the county commissioners on river issues. As part of its river management planning process, the committee holds monthly public meetings to hear from and discuss issues with representatives of local, regional and state governments from Georgia and Florida. The committee also sponsors the St. Marys River Celebration, an annual river cleanup held in March. In addition, the Georgia Department of Natural Resources, the St. Johns River Water Management District and the Florida Department of Environmental Protection are engaged in ongoing water-quality monitoring and assessment efforts in the St. Marys River basin.138

The St. Marys River Management Committee (SMRMC) is a very active organization, effectively creating multi-county agreements and continuing to work on the River’s physical state and recreational value.139 The most current example is an agreement from all four counties to establish and maintain a 150 foot septic setback for properties on the river.140 In 2003, the SMRMC released the St. Marys River Management Plan (the Plan), complete with a four-county resolution between the 4 main bordering counties to adopt and follow the Plan.141 The Plan is a comprehensive, well-researched document containing specific goals and guiding principals for the SMRMC and the 4 county governments. The Plan’s top 12 initiatives are:

1. Establish consistent and adequate septic system setbacks on both Florida and Georgia sides of the river.

2. Promote bank-to-bank legislation to unify recreation and wildlife management laws. 3. Establish a St. Marys River library/information clearinghouse/database for use by the

SMRMC, citizens and local governmental agencies. 4. Monitor Total Maximum Daily Load (TMDL) programs in both states. 5. Evaluate each County's land use pattern as reflected in their Comprehensive Plans and

encourage consistency with river protection, using Best Management Practices (BMPs), and similar measures.

6. Encourage proper maintenance of septic systems within the river corridor.

138 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 139 St. Marys River Management Committee, St. Marys River History, http://www.saintmarysriver.org/history.html 140 Personal Communication with Merrill Varn, St. Marys River Management Committee member. 141 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html

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7. Design shoreline guidelines/incentives e.g. river corridor, vegetative buffers, and setbacks.

8. Promote conservation easements and/or less-than-fee acquisitions that maintain a forest-based economy and protect river resources by continuing compatible agricultural uses, such as tree farming.

9. Continue and expand annual river cleanups. 10. Continue and expand publications programs: River Guide, POSM newsletter, and

website. 11. Integrate the St. Marys River management plan into other natural resource management

plans, comprehensive plans, and conservation programs on an on-going basis. 12. Hire cost-effective Committee administrative assistance to enhance effectiveness and

communication - emphasize outsourcing.142

In addition to the SMRMC’s continued negotiations with county governments and landowners, they strive to maintain the River’s condition through annual St. Marys River Celebrations in March, which ask the public to help volunteers cleanup various sites on the River.143 In 2007, for instance, about 525 volunteers from Florida and Georgia attended the celebration to help clean up 45,000 pounds of garbage in the River and on its banks.144

The SMRMC also continues to support and encourage public knowledge about the River and the recreational activities it has to offer. In conjunction with the St. Johns River Management District, the SMRMC published the “St. Marys River Guide” (the Guide) in order to further this objective.145 “The Guide lists opportunities to see the basin’s wildlife and sites for environmental education along with providing camping and visitor information, the river’s history and brief descriptions with photos of the river as it flows from the Okefenokee to the southern end of Cumberland Island, Georgia.”146 While there are digital copies of the Guide online, the hard copy version is printed on water resistant paper for convenient on-site use and the maps show mileage from point to point along the river.147

142 Id. 143 St. Marys River Management Committee, The 2007 St . Marys River Celebration Fact Sheet, available at http://www.saintmarysriver.org/news.html 144 Lil Spinks, River celebration 'a great cleanup all the way around', Fernandina Beach News, March 27, 2007. 145 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 146 Id. 147 Id.

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Current and Future Ownership of the River The St. Marys River is surrounded by a variety of land uses, the majority being comprised of timberlands and forests.148 In Florida, 90% of Baker County and 80% of Nassau County are comprised of dense forests.149 Similarly, the majority of the River’s basin land is used for forestry-related activities as well.150 The following landcover map of the St. Marys River basin also illustrates the presence of some pockets of urban development that mix into the “agriculture and rangelands” property.151

This presence of the timber industry on the River has continued since the early 1900s.152

In the Economic Characteristics section of the St. Marys River Management Plan (the Plan), a large forest products industry was cited as the main “breadwinner” of the manufacturing sector,

148 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 149 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 150 Id. 151 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 152 St. Marys River Management Committee, St. Marys River History, http://www.saintmarysriver.org/history.html

Figure 5. Landcover of the St. Marys River Basin. Adopted from the St. Marys River Management Plan.

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bringing in $500 million in paper mills alone.153 Among the top landowners of the timber industry are Plum Creek Timberlands LP with 41,219.46 acres, and Rayonier Forest Resources LP with 19,302.45 acres.154 Table 3. Manufacturing Industry Sector of the St. Marys Basin Area.

In Florida, the number of major developments proposed or existing in the River basin has stayed at a low level. In both Baker and Nassau Counties, there are no Developments of Regional Impact (DRIs) that exist or are being proposed in the River basin.155

As to the future development and ownership patterns of the River, timber harvesting and

forestry will likely remain the top use of the River’s banks in Baker County.156 However, in the more coastal areas of Nassau County, commercial, residential, and industrial use of the River is likely to grow.157 The Plan shows these patterns, with timber remaining in Baker County, and residential development popping up towards the mouth of the River in Nassau County.158 The

153 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 154 Baker County, Baker County Strategy for St. Marys River (Draft), p. 3.10, 2007. 155 Personal Communication, Carolyn Bissonette, Baker County, and Anita Dobrosky, Nassau County 156 St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html. 157 Id. 158 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html

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projected 2010 Nassau County Comprehensive Plan also shows more closely the areas of the River’s watershed that hold considerable pockets of low density residential zoning, with some medium-density and commercial zoning spotting the River as well.159

Figure 7. Nassau County Comprehensive Plan Map, 2010.

159 Nassau County Florida, 2010 Comprehensive Plan Map, available at http://www.nassauflbuilding.com/GIS/Map_PDFs/Nassau%20Comprehensive%20Plan.pdf

Figure 6. Generalized Future Land Use of Nassau and Baker Counties. Adopted from the St. Marys River Management Plan.

32

The Plan also states: “land uses will change as real estate values increase and forestry and

farmland is converted to residential and commercial development. This has been the pattern of change along other coastal rivers and could be the future for the St. Marys. Failure to gain community consensus on the value of the natural assets in the St. Marys River basin will result in losses of natural resources and water quality as the pressures of new land development encroach on the region.”160

On Georgia’s side of the River, similar ownership patterns exist to those in Florida. In

Camden County, a majority of the River basin area is zoned “agriculture forestry”. 161 Towards the easternmost end of the River towards its mouth, however, a majority of the land is zoned “conservation preservation”. 162 Some additional zoning situated on the River bank itself are pockets of “agriculture residential”, “single family residential”, “multi-family residential”, and “historical district.”.163 In Charlton County, the majority of the River is surrounded by forest and recreation lands, with a few spots of residential land.164

160 St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at http://www.saintmarysriver.org/plan.html 161 Camden County, Camden County GIS Map, available at http://www.camdencountymaps.com/activexframeset.cfm?cfid=1192656&cftoken=90089054 162 Camden County, Camden County GIS Map, available at http://www.camdencountymaps.com/activexframeset.cfm?cfid=1192656&cftoken=90089054 163 Id. 164 Charlton County Comprehensive Plan, Land Use Section, available at http://www.dca.state.ga.us/development/PlanningQualityGrowth/programs/downloads/plans/CharltonCompLandUse.pdf

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Figure 8. Charlton County Land Use Map, 2004.

As to future development of Camden and Charlton Counties, an extensive number of

developments have been approved or are already established.165 The lists below introduce these developments, some of which are considered DRIs. Charlton County’s future land use map also shows increases of residential lands on the River.166

Figure 9. Charlton County Future Land Use Map, 2004.

165 Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources. 166 Charlton County Comprehensive Plan, Land Use Section, available at http://www.dca.state.ga.us/development/PlanningQualityGrowth/programs/downloads/plans/CharltonCompLandUse.pdf

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CHARLTON: Chesser Island Road MSW Landfill Phase IV in unincorporated Charlton. Initial form

submitted 8/21/2006. It has been determined that this project warrants regional review, but no findings have been made. This project will expand the existing landfill by more than 50% and will take 40 years to complete. The estimated cost is $20 million. 2% of the site will be impervious cover.

CAMDEN: King’s Grant in the City of Kingsland. Initial info form submitted 8/12/2008. It has

been determined that this project warrants regional review, but that review has not been completed. This is a mixed use project consisting of 393 residential units, including single- and multi-family units. The project will also include a daycare center, parks, playgrounds, a general store, a meeting hall, and walking paths. The estimated cost is $60,000,000. 45% of the site will be impervious cover. Detention ponds are proposed to mitigate impacts on stormwater management. The development will either be located in,

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or will affect wetlands, which has been permitted by USACOE. The site is projected to require 0.112 MGD of water and will create 0.112 MGD of sewage.

Cabin Bluff in an unincorporated area of the county. Initial info form submitted 7/14/2008. It has been determined that this project is in the best interest of the region and therefore the state. It is a mixed use development on 17,720 acres, consisting of 15,501 acres of uplands and 2,219 acres of wetlands. The estimated cost is $21,225,000,000. It is estimated the site will require 15.226 MGD of water and the existing water supply capacity is insufficient to serve the project. It is estimated that the site will produce 9.949 MGD of sewage and there is insufficient wastewater treatment capacity for the project. Additionally, transportation improvements will be required to serve the project. It is projected that less than 15% of the site will be impervious cover. The development will be located in, or will likely affect, floodplains, historic resources, and other environmentally sensitive resources.

Brant Creek in the City of St. Marys. Initial info form submitted 3/11/2008. It has been determined that this project is in the best interest of the region and therefore the state. This is a 16.57 acre housing project to be developed into 252 apartments. The estimated cost of this project is $12,000,000. The estimated water supply demand is .053 MGD and the estimated sewage created is .053 MGD. Existing facilities are sufficient to support these demands. Less than 16% of the site will be impervious cover, and retention ponds are proposed to mitigate the impacts on stormwater management. The project will be located in, or will likely affect, wetlands

Haven Park in City of St Marys. Initial form submitted 3/11/2008. It has been determined that this project is in the best interest of the region and therefore the state. This is a 43.5 acre housing project, to be developed into apartments and townhomes, 358 units total. The estimated cost is $27,000,000. The estimated water supply demand is 0.12 MGD, and the estimated sewage created is 0.12 MGD. There is sufficient water supply, but insufficient wastewater treatment capacity for the project. 55% of the site will be impervious cover, but this does not include wetlands and lake area. The project will be located in, or will likely affect, wetlands areas.

Villages of Kingsland in City of Kingsland. Note: this land is to be annexed to the city. Initial form submitted 10/1/2007. It has been determined that the project is in the best interest of the region and therefore the state (with conditions). This is a 14,898 acre mixed use project. The proposed uses are: 40,000 residential units, 13,500,000 sq ft of industrial development and 9,500,000 sq ft of commercial used. The estimated cost of this project is $9.5 billion. The regional work force is not sufficient to fill the demand of this project. The estimated water supply demand is 16 MGD, and there is not sufficient water supply capacity currently. Five new wells will be drilled to fix meet the water needs of the site. 12 MGD of waste will be created by the project, and there is insufficient wastewater treatment capacity available, therefore, a new treatment plant is required. In addition, transportation improvements are needed to meet the increased traffic volume. GDOT plans to widen SR 40 and Colerain Rd. to 4 lanes, and Camden County will improve Springfield Rd. It is project that the site will generate 180,000 tons of solid waste annually, so Camden will either have to expand the existing landfill or modify the C&D Industrial landfill. 32% of the site will be impervious cover. To mitigate the effects, a serious of ponds will control runoff and will release stormwater at rates equal to pre-developed rates. Additionally, buffers will be created where “practical

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and effective.” Wetlands will likely be affected by new infrastructure which will serve the project.

River Trail Planned Development in an unincorporated area of Camden County. Initial form submitted 9/25/2007. It has been determined that the project is in the best interest of the region and therefore the state. This is a 5,375 acre mixed use project with ~1,400,000 sq ft in commercial space and ~12,500 residential units, with recreational, institutional, municipal and civic uses. It is estimated that this project will be complete in 2037, with an estimated cost of $3.4 billion. It will displace 3,780 acres of pine stands. The water demand will be 3.65 MGD; a new groundwater well and tank will required to meet that demand. The site will create 3.65 MGD of sewage per day, and an expansion of an existing treatment plant will be required. A sewer line extension of 7.5 miles is also required. Transportation improvements will be needed to meet the increased traffic flow, and they will include a new interchange at I-95 and Ella Church Park Rd. Additionally, improvements may be needed for Ella Park Church Rd. and Dover Bluff Rd. 32% of the site will be impervious cover. Floodplains and wetlands will likely be affected by this project.

Lampadoshia Planned Development in an unincorporated area of Camden County. (possibly terminated)

Driggers Kingsland Southern Tract in Kingsland. Initial form submitted 5/29/2007. It has been determined that this project is in the best interest of the region and therefore the state. This is a 154.7 acre mixed used development. There will be 481 housing units located on this tract, with some acres set aside for future commercial development. The project will be completed in 2015, with an estimated cost of $100 million. The estimated water supply demand is 0.20 MGD, and a 1 mile water line extension will be required. The estimated sewage generated is 0.18 MGD, and a 0.4 mile sewer line extension is required. 50% of the site will be impervious cover. Stormwater will be collected in detention ponds and will be released at pre-development rates. A small portion of wetlands may be affected. No mitigation measures are indicated.

South Grove Multifamily Development in the City of Kingsland. Initial form submitted 3/29/2007. It was determined that this project is in the best interest of the region and therefore the state. This is a housing development of 71 single-family attached units, 161 townhomes, and 450 multifamily units. The estimated cost it $80 million. The water supply demand will be ~0.235 MGD and ~0.188 MGD of sewage will be generated. The waste water treatment plant will need to be expanded to meet the demands of the site. Transportation improvements are required, but none are indicated. 45% of the cover will be impervious. To mitigate stormwater affects, retention ponds are planned. Wetlands and other environmentally sensitive resources will likely be affected by the project; therefore, 0.87 acres of isolated wetland will be mitigated offsite.

Sail Cove in the City of St. Marys. Initial form submitted 3/2/2007. It is determined that this project warrants regional review, but no findings have been made. This is a commercial project to be completed in 2010, with an estimated cost of $51 million. The estimated water supply demand is 0.080 MGD, and 0.2 miles of water line extension will be needed. The estimated sewage is 0.073 MGD. The DRI plan is to get permits to expand two plants to 4 MGD and 6 MGD. Additionally, 0.2 miles of sewer lines are required. The developer is required to complete a traffic study to accommodate the

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additional 2288 peak hour vehicle trips per day. 82% of the site will be impervious cover; to mitigate the stormwater effects, retention ponds will be created.

Kingsland Plantation in City of Kingsland. Initial form submitted 2/9/2007. The project warrants regional review, but no finding has been made as of yet. This is a proposed 765 acre housing project which will ultimately cost $170 million. 695 single family units on 695 lots are proposed. The estimated water need is 0.271 MGD, and 13 miles of water line extension will be required. The estimated sewage generation is 0.271 MGD, and the wastewater treatment plant will need to be expanded from 2.2 MGD to 4.4 MGD. 14 miles of sewer line extension will also be required. Transportation improvements are needed, but none are proposed. 24% of the site will be impervious cover, and no mitigation measures are proposed. Wetlands and floodplains will likely be affected from road and utility construction; no mitigation measures are proposed.

Lake Oleander West in Kingsland. Initial form submitted 12/26/2006. It has been determined that this project warrants regional review. This is a ~127 acre housing development, with 255 single family units and 30 duplex units proposed. 32% of the site will be impervious cover, but not mitigation measures are apparent.

Riverfront Estates in an area of unincorporated Camden County. The initial form was submitted 12/5/2006. No determinations have been made. This is a housing project with 294 new lots. The estimated completion date is 2015.

Waters Edge in Kingsland. Initial for submitted 8/31/2006. Durango Paper Mill Project in Kingsland. Initial form submitted 7/6/2006. It has been

determined that this project is in the best interest of the region and therefore the state. Osprey Cove Phase IV in St. Marys. Initial form submitted 6/30/2006. It has been

determined that this project is in the best interest of the region and therefore the state. Kingsland West in Kingsland. Initial form submitted 6/15/2006. It has been determined

that this project is in the best interest of the region and therefore the state. Cypress Point in Kingsland. Initial form submitted 6/15/2006. It has been determined

that this project is in the best interest of the region and therefore the state. Bay Tree in Kingsland. Initial form submitted 6/15/2006. It has been determined that

this project is in the best interest of the region and therefore the state. Timucua in St. Marys. Initial form submitted 3/28/2006. Timberland Estates in an unincorporated area of Camden County. Initial form

submitted 2/14/2006. It has been determined that this project is in the best interest of the region and therefore the state.

Scrubby Bluff Development in Kingsland. Initial form submitted 1/31/2006. It has been determined that this project is in the best interest of the region and therefore the state.

Maiden Creek Landing in an unincorporated area of Camden County. Initial form submitted 1/5/2006. It has been determined that this project is in the best interest of the region and therefore the state.

Lake Victoria in Kingsland. Initial form submitted 12/13/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Marsh Landing & Crooked River in Kingsland. Initial form submitted 12/7/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

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Kings Bay Pro-3 Townhomes in St. Marys. Initial form submitted 12/2/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Cannon Forest in St. Marys. Initial form submitted 10/31/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Winding Cove Subdivision in Kingsland. Initial for submitted 10/26/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Timberland Estates in unincorporated Camden. Initial form submitted 10/11/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Waters Edge in Kingsland. Initial form submitted 9/19/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Satilla River Bluffs in Woodbine. The Paddocks in St. Marys. Initial form submitted 8/29/2005. It has been determined

that this project is in the best interest of the region and therefore the state. The Landings at White Oak Creek in unincorporated Camden. Initial form submitted

7/28/2005. It has been determined that this project is in the best interest of the region and therefore the state. Mixed use.

Fiddler Cove and Commercial Site in Kingsland. Initial form submitted 7/27/2005. It has been determined that this project is in the best interest of the region and therefore the state.

Westhaven Subdivision in Kingsland. Initial form submitted 7/14/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Bridge Points at Jekyll Sound in unincorporated Camden. Initial form submitted 6/3/2005. It has been determined that this project is in the best interest of the region and therefore the state. Mixed use.

Estates at Harriet’s Bluff in Kingsland. Initial form submitted 6/2/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Laurel Landing Phase 1-6 in Kingsland. Initial form submitted 6/2/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Bay Tree Plantation in Kingsland. Initial form submitted 5/25/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Winding River in St. Marys. Initial form submitted 3/31/2005. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

RiverPlace Plantation Sudivision in unincorporated Camden. Initial form submitted 12/20/2004. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Lake Forest Phase IV in Kingsland. Initial form submitted 12/10/2004. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

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Tuscan Landing in unincorporated Camden. Initial form submitted 9/17/2004. It was determined that this project warrants regional review, and a finding was made, but it is not listed. Housing.

Laurel Island Coastal Community in unincorporated Camden. Initial form submitted 11/3/2003. It has been determined that this project is in the best interest of the region and therefore the state. Mixed use.

Brookshire Green in Kingsland. Initial form submitted 5/8/2003. It has been determined that this project is in the best interest of the region and therefore the state. Housing.

Camden Bluff in unincorporated Camden. Initial form submitted 6/25/2002. It has been determined that this project is in the best interest of the region and therefore the state. Mixed use.

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Threats to the St. Marys River

The Saint Marys River has current designations of Class III in Florida and Fishing in Georgia, which is designed to maintain water quality at or above levels required to support swimming and recreation, fishing, and propagation of healthy, balanced populations of shellfish, of other aquatic life.167 In both Florida and Georgia, water discharges can be permitted that reduce water quality, as long as the applicable use standards are not violated.168 This can result in a gradual reduction of water quality that is allowed under the current regulatory framework in both Florida and Georgia, and why the OFW designation is so important for protecting the St. Marys River.169

The St. Marys River is threatened by many of the same issues that watersheds throughout

Florida are threatened by, including increased development, changes in land use, decreased water quality, habitat fragmentation, and wetlands destruction.170 Changes in land use are of particular importance.171 For example, an analysis of land use changes from 1974 to 1998 in the Southern Coastal Plain, which the St. Marys is part of, showed a trend of decreased land used for agriculture and an increase in high-intensity and low-intensity urban development.172 Additionally, over this period there were decreases in forested wetlands, and increases in clear-cut areas.173

Blackwater rivers such as the St. Marys are particularly vulnerable to nutrient loadings

and hydrologic disruptions from groundwater and surface water withdrawals, draining of adjacent wetlands, insufficient stream buffers, and other factors.174 Some of the impacts on blackwater rivers from human activities include increased flow variability, reduced dissolved oxygen, and increased silt loads.175

One of the principal stressors of wildlife diversity in the Southern Coastal Plain is rapid

development in coastal counties.176 The Southeastern Atlantic coastal region has experienced unprecedented growth.177 Presently, one in seven Americans lives in a county that abuts the eastern or southern coastline.178 In the 100 fastest growing Atlantic and Gulf coastal counties, the growth rate has been 50% greater than the rate for the rest of the United States.179 Urban

167 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 168 Id. 169 Id. 170 Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008). 171 Id. 172 Id. 173 Id. 174 Id. 175 Id. 176 Id. 177 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 178 Id. 179 Id.

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planners have predicted that coastal growth should continue at a high pace for the next 10 to 20 years.180 As real estate values have increased, there will be increased pressure on agriculture and timberlands to convert to residential and commercial development.181 In Baker County for example, there are two recently approved Developments of Regional Impact (DRIs), Cedar Creek, and Villages of Glen St. Mary that have 6,000 and 11,000 residential units planned respectively.182 On the Georgia side of the St. Marys River, residential growth is expected to increase, especially in Charlton County.183 The Charlton County Comprehensive plan estimates an increase in residential acreage from 2731 to 3931 over an unspecified period of time.184 The list of approved or pending DRIs in the Saint Marys basin are found in the previous section, Current and Future Ownership of the River.

Increased development pressures have resulted in the loss or fragmentation of a number

of habitats including maritime forest, pine flatwoods, coastal bluffs, and forested wetland depressions.185 Species impacted by the increase in development pressures include Bachman’s sparrow and the gopher tortoise, which are both found within the St. Marys basin.186 Without recognition by the community of the value of the natural ecosystems, losses of these natural resources and decreases in water quality will accordingly occur as unmanaged development invades the region.187

Land use changes can also impact water usage, as some uses require more water than others.188 For example, water for golf course irrigation is a large category of water use and is predicted to increase in Nassau County by 60% by 2020.189 These changes in land use to golf course or urban uses may also increase the amount of pollutants such as fertilizers and pesticides discharged into the watershed.190 Withdrawals from the surficial aquifer can affect blackwater rivers like the St. Marys.191 Although it appears the St. Marys is not affected from ground water withdrawals currently, this could change as demand for water increases with changing land uses.192 Many landowners in the St. Marys basin already have wells to provide their drinking water.193 For example, 79% of Baker County residents rely on well water for their drinking water.194

180 Id. 181 Id. 182 Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources 183 Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources 184 Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources 185 Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24, 2008). 186 Id. 187 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 188 Id. 189 Id. 190 Id. 191 Id. 192 Id. 193 Id. 194 Id.

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Recent and projected population growth in the St. Marys River basin increases concern over groundwater quality and quantity.195 The flow of the St. Marys is partially made up of shallow groundwater recharge, particularly during low-flow months.196 Therefore, it is possible that changes in shallow groundwater are affecting the river.197 These affects would primarily be the result of septic system construction and possibly from increased pressures on the surficial aquifer for drinking water and agricultural uses.198

There is evidence that septic tanks are a large source of nonpoint source pollution in the

St. Marys River basin, affecting both shallow aquifers and surface water quality.199 In 1995, 87% of Baker County’s population was served by on-site septic systems, and septic tank failure rates were reported to exceed state averages.200 Septic tank failure directly affects bacterial concentrations in shallow wells and adjacent streams, and presents a hazard for swimming and other recreational uses downstream.201 Elevated phosphorus and inorganic nitrogen levels near Macclenny, Cedar Creek and the South Prong are particular examples of possible septic tank influences.202 As a major tributary, the South Prong’s declining water quality could influence the water quality of the main stem of the St. Marys River.203

In addition to septic tank use and failures, permitted dischargers into the St. Marys and its

tributaries pose a threat to the water quality.204 For example, Spanish Creek is a tributary of the Saint Marys River that is included on 303(d) lists, and has been degraded by surface water discharges from wastewater treatment plants.205 The City of Folkston in Charlton County has a wastewater treatment plant that discharges into the creek.206 Additionally, the municipal wastewater treatment plant for the City of St. Marys discharges directly into the St. Marys River, and Corporacion Durango in St. Marys has industrial discharge that discharges directly into the River.207 For an inclusive list of the NPDES permitted discharges see Table 1 in the Ecological Significance section.208

195 Id. 196 Id. 197 Id. 198 Id. 199 Pandion Systems, Saint Marys River Management Plan. 2003, available at http://www.saintmarysriver.org/guide.html. 200 Id. 201 Id. 202 Id. 203 Id. 204 Id. 205 Id. 206 Id. 207 Id. 208 Id.

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Environmental, Social, and Economic Cost-Benefit Analysis

An analysis of the benefits and costs of designating the St. Marys River as an Outstanding Florida Water should reveal that the environmental, social, and economic benefits greatly outweigh those costs. While future research will be conducted with respect to these categories (especially economic), a first glance shows that the analysis leans towards a beneficial outcome.

The designation of the St. Marys River as an OFW would almost certainly provide many

environmental benefits that outweigh those costs, if in fact there are any costs. First, the higher standard used for new permit applications for dredging and filling (ERPs) on the St. Marys would help with the fairly certain oncoming future developments planned for the River area. This review process would hopefully prevent, as the statute intends, degradation of the existing water quality. As developers begin to see the St. Marys River as an untapped resource, this protection is essential to the ecological wellbeing of the River. Protecting the water quality will in turn protect its native plant and animal species that rely on the health of the River for habitat and water source. The 9 identified ecosystems along the River rely on its water quality as well. These ecosystems would likely weaken if the projected increase in development does in fact occur, and no protections were awarded to the St. Marys and its tributaries through the OFW designation. Further, establishing the St. Marys tributaries as part of the OFW would enable these protections to extend even further into the St. Marys basin, which in turn help the River itself to stay healthy and maintain water quality.

The social costs and benefits analysis here should also weigh in favor of OFW

designation. One major benefit of designation includes maintaining the current local atmosphere regarding life, recreation, and tourism on the River. Local landowners and visiting recreation lovers alike appreciate the St. Marys River for its unique character, and statewide support for the designation of this river is wide and strong. Even landowners such as timber companies would seemingly object to designation, but their letters of support show otherwise. The local governments (both Florida and Georgia) are also very supportive of any action to protect the St. Marys River, as evident through their ready adoptions of multi-county agreements into their county ordinances and comprehensive plans, and in their adoption of the St. Marys River Management Plan. While Nassau County has the largest reason to object to the designation due to its high rates of development, these concerns are addressed below. Regardless, support for the designation from the Nassau County Commission is included in the letters of support section below, showing their committal to the projection of the River.

While designation of the St. Marys would seem to have adverse economic impacts on the

area surrounding the River, a closer analysis reveals that the designation should have only a small affect on the ability for economic growth and development. While the designation serves as a speed-bump for ERPs and related development processes that would impair the River’s water quality, it does not prevent them altogether, or even substantially alter their plans. The developers simply have to show that their projects would not further impair the water quality. Since this step is taken early on in the development process, this should not create substantial economic impact for those landowners. Existing dischargers are grandfathered in, eliminating their costs of designation unless they change the discharge location or increase the amount.

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Further, the protection of the water quality, and subsequently its other ecological attributes, should increase the value of the properties on the River due to a smaller chance for degradation. As to maintenance costs, the Department of Environmental Protection would not suffer from this designation. Maintenance of the water quality standard would be enforced through local permitting processes, and the St. Johns River Water Management District.

From an initial comparison of the costs and benefits regarding designation of the St.

Marys River as an Outstanding Florida Water, the benefits seemingly outweigh those costs. As mentioned above, a more in-depth analysis will be provided by the Department of Environmental Protection. However, those results are expected to remain consistent with these initial findings.