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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND AUGUST 12,
2003 *******************************************************************************
Item 1
Minutes
Submittal of the Minutes from the March 13, 2003, March 28, 2003,
April 8, 2003, and April 22, 2003 Cabinet Meetings. (Attachment 1, Pages
1-72) RECOMMEND
APPROVAL ******************************************************************************* Substitute Item 2 Springs and Spring Runs Rule Amendments
Adoption/Chapter 18-21, F.A.C. DEFERRED FROM THE JUNE 26, 2003 AGENDA
REQUEST: Adoption of rule amendments to
chapter 18-21, F.A.C., regarding establishment of management policies,
standards, and criteria when reviewing requests for authorization of
activities at state-owned springs and spring runs. APPLICANT: Department of Environmental
Protection (DEP) COUNTY: Statewide STAFF REMARKS: DEP is proposing amendments to
chapter 18-21, F.A.C., Sovereignty Submerged Lands Management, adding
“Standards and Criteria for Activities at Sovereignty Springs” for the
protection of state-owned springs and spring runs. This meeting of the
Board of Trustees serves as the final adoption hearing on the proposed
rule, as attached. If
adopted, staff will file the rule with the Department of State and the
rule will become effective twenty days from that
filing. On September 10, 2002, the Board of
Trustees authorized DEP to publish a notice of proposed rule development
in the Florida Administrative Weekly. The proposed rule development was
published on November 8, 2002, including notice that a public workshop
would be held, if requested in writing. A request was received and a
workshop was held on November 26, 2002 in Tallahassee. On March 28, 2003, a Notice of
Proposed Rule (Vol 29, No 13, Pg 1333-1335) was published in the
Florida Administrative Weekly. On May 2, 2003 a Notice of Public
Hearing was published in the Florida Administrative Weekly for
hearings to be held on May 13, 2003 in Tallahassee and May 14, 2003 in
Silver Springs. The deadline
for the public to submit comments from the hearings was May 21, 2003 at 5
PM. Staff met on May 22, 2003
to consider public comments and prepare changes. On June 6, 2003 a Notice of Change
and a Notice of Board of Trustees Adoption Hearing was published in the
Florida Administrative Weekly for the June 26, 2003 adoption
hearing. The proposed rule applies only to
individuals or entities that request permission to conduct activities on
state-owned springs and spring runs.
For state-owned springs and spring runs that are adjacent to
private-owned uplands, the application of this rule is limited to the
spring and the first 2,000 feet of the spring run. For state-owned springs and spring
runs that are adjacent to public-owned uplands, this rule applies to the
spring and all of the spring run that is adjacent to public-owned
uplands. The primary changes
to the existing rule being proposed are: ·
Creates new
definitions for ‘spring’ and ‘spring run.’ ·
Prohibits physical
modifications of springs except to restore historic contours and flow
conditions.
Board of Trustees
Agenda – August 12, 2003
2nd Substitute Page Two ****************************************************************************** Substitute Item 2,
cont. ·
Prohibits the
installation of new facilities, or the modifications to existing
facilities, that withdraw water from a spring or spring
run. ·
Standards and criteria
are established to protect state-owned springs and spring runs,
including: o
Prohibits the
deposition of sand or fill materials within 100 feet of a spring or
spring run to create or
maintain an artificial beach. o
Prohibits the planting
or maintenance of invasive plants in or within 300 feet of a spring or
spring run. o
Prohibits the removal
or trampling of upland vegetation on slopes draining into a spring or
spring run if it causes erosion, sedimentation or turbidity
problems. o
Prohibits the removal
of aquatic vegetation except when authorized pursuant to rules and
statutes. o
Requires the applicant
to avoid or minimize damage to native submerged aquatic plants and other
natural or cultural resources, and requires the applicant to ‘encourage’
other users of authorized facilities to also avoid or minimize damage to
resources. o
Prohibits the
installation or modification of wastewater treatment drainfields and
sprayfields on slopes draining into or within 300 feet of a spring or
spring run, except single-family residential sewage treatment and disposal
systems. o
Prohibits the
installation of culverts or ditches that discharge directly into a spring
or spring run. Florida’s springs have long been
recognized as a unique public trust resource from which riparian
landowners may also benefit, provided such benefit is not detrimental to
the public trust resources.
Thus, these proposed rule changes attempt to balance competing
public and private uses at state-owned springs and spring runs, and would
allow the state to better protect Florida’s outstanding natural and
cultural springs resources.
These proposed rule changes also implement many of the
recommendations of the Florida Springs Task Force, a multi-agency group
established by Secretary Struhs in 1999 to provide recommended strategies
for the protection and restoration of Florida’s
springs. RECOMMEND DEFERRAL TO THE SEPTEMBER 30,
2003 CABINET MEETING.
******************************************************************************* 2nd Substitute Item
3 A. Duda & Sons
Lease Amendment REQUEST: Consideration of a request for
approval of an amendment to lease number 1935 and 1935-S to extend the
term of the lease until August 25, 2018. COUNTY: Palm Beach
Lease Number 1935 and 1935-S APPLICANT: A. Duda & Sons, a Florida
corporation LOCATION: Sections 01, 12 and 13, Township
45 South, Range 37 East; and Sections 06, 07, 08, 16, 17 and 18, Township
45 South, Range 38 East
Board of Trustees
Agenda – August 12, 2003
2nd Substitute Page Three ****************************************************************************** 2nd
Substitute Item 3,
cont. CONSIDERATION: $1,556,600 per annum, of which, $863,913 will be deposited to the State School Trust Fund of the Department of Education and $692,687 will be deposited into the Internal Improvement Trust Fund. The annual lease fee will be adjusted in five-year increments by an appraisal completed by a certified, state approved appraiser.
APPRAISED BY
Holden
APPROVED-ANNUAL PARCEL
ACRES
(12/17/02)
RENTAL
VALUE
Duda
5,765.27
1,556,600*
$1,556,600 *$270 per acre STAFF
REMARKS: The Department of
Environmental Protection, Division of State Lands received a request from
A. Duda & Sons to amend their current existing lease number 1935 and
1935-S to extend the term of their existing lease until August 25,
2018, for agricultural purposes only, pursuant to section
373.4592(5)(d), F.S. The DEP Office of General Counsel reads section
373.4592(5)(d), F.S., as follows: impacted vegetable farmers have a
priority over non-impacted vegetable farmers and everyone else, and a
right to a 20-year lease upon expiration of the existing lease. If impacted vegetable farmers
elect not to lease the lands, then the Board of Trustees may, in its
discretion, lease the lands to non-impacted vegetable farmers or anyone
else, but the Board of Trustees is not required to lease the lands to
anyone who is not an impacted vegetable farmer. In 1963, the lease was first approved and
granted by the Board of Trustees for a term of 15 years, with an option to
extend the term for an additional five years. In 1975, the Board of Trustees
approved an amendment that extended this lease for four additional,
five-year terms. The final
five-year term of this extension is due to expire August 26,
2003. The lessee operates a vegetable production facility and is current on all lease fees and in good standing. (See Attachment 3, Pages
1-26) RECOMMEND APPROVAL
******************************************************************************* Item 4
Gulfstream Natural Gas System, LLC, Easement Amendment
REQUEST: Consideration of a request for
approval of an amendment to Easement Number 30713 to Gulfstream Natural
Gas System, L.L.C. COUNTY: Polk
Easement Number
30713 APPLICANT: Gulfstream Natural Gas System,
L.L.C. LOCATION: Sections 03 and 10, Township 30
South, Range 25 East, and Section 04, Township 31 South, Range 26
East CONSIDERATION: $250,000 to be paid to the
Department of Environmental Protection, Division of Water Resource
Management STAFF
REMARKS: On May 30, 2001, the
Board of Trustees approved a temporary utility easement to Gulfstream
Natural Gas System, L.L.C. (Gulfstream), as part of a multi-county gas
pipeline project. The
temporary easement affected several parcels of state-owned land, including
Department of Environmental Protection (DEP), Division of Water Resource
Management lands managed by the Bureau of Mine Reclamation (BMR) along the
Peace River. As compensation
for impacts caused by the easement, BMR initially requested
that
Board of Trustees
Agenda – August 12, 2003
Page Four ****************************************************************************** Item 4, cont. Gulfstream, within two years, finance and
implement the construction of a canoe launch/take-out on its leased
lands. Polk County (County)
agreed to operate the boat ramp.
The County has since determined that it cannot undertake management
of the facility at this time.
Since BMR is not staffed to handle recreational management
activities, it is now requesting that Gulfstream pay it $250,000 that it
will put toward suitable environmental projects. The proposed easement amendment
provides for receipt of payment by October 1, 2003. DEP, Division of State Lands staff
recommends approval of the proposed amendment. A consideration of the status of any local
government comprehensive plans was not made for this item. DEP has determined that the
proposed action is not subject to the local government planning
process. (See Attachment 4, Pages
1-14) RECOMMEND APPROVAL
******************************************************************************* Item 5
BOT/Declare Surplus/Dispose of State-owned
Land REQUEST: Consideration of a request to
declare surplus and dispose of approximately 148.89 acres of state-owned
land no longer needed for conservation purposes pursuant to Article X,
Section 18, Florida Constitution. COUNTY: Polk APPLICANT: City of Lakeland (City) LOCATION: Section 04, Township 28 South, Range 24
East STAFF
REMARKS: The Division of
State Lands received a request from the City with approval from the
Florida Fish and Wildlife Conservation Commission (FWCC) to exchange 3
parcels (approximately 154.25 acres) of state-owned land for 5 parcels
(approximately 254.64 acres) of property owned by the City. The majority of the state-owned
property (148.89 acres) to be exchanged was donated by Borden, Inc., in
1982, and the remaining property (5.36 acres) to be exchanged was
purchased in 2000 as part of the Tenoroc acquisition. Pursuant to Article X, Section 18, Florida
Constitution, Department of Environmental Protection (DEP) staff is now
requesting the Board of Trustees to declare this donated parcel (148.89
acres) as no longer needed for conservation purposes. The Acquisition and
Restoration Council (ARC) voted to recommend exchange and surplus of this
property on April 24, 2002.
Pursuant to Senate Bill 54-A, Special Session A (2003), the
exchange of the donated land (148.89 acres) must occur on or before August
31, 2003. The state will be
receiving four parcels of City owned land totaling 183.04 acres, more or
less, in phase I of this exchange.
During a review of the title work on the four City-owned parcels,
it was determined that these parcels are included in a Development Order
which appears to give management control of the property to Bridegewater
Associates, as successor to American Cyanamid. Staff has asked the City to obtain
the right of authority from Bridgewater Associates, and for the City to
then transfer this right to the Board of Trustees. The DEP requested that the City
attempt to have this issue resolved by July 30, 2003, if at all
possible. However, the City
was not able to meet this request.
Therefore, we are requesting that this item be approved contingent
upon the City resolving this issue prior to closing. Since Senate Bill 54-A, did not address
the conveyance of the two smaller state-owned parcels (2.66 and 2.70
acres) originally contemplated in the exchange, these remaining two
parcels
Board of Trustees
Agenda – August 12, 2003
Substitute Page
Five ******************************************************************************* Item 5, cont. will be exchanged for a 71.6-acre parcel
owned by the City. This phase
II exchange will be presented
to the Board of Trustees for approval at a later date. (See Attachment 5, Pages
1-7) RECOMMEND APPROVAL
CONTINGENT UPON THE CITY OBTAINING THE RIGHT OF AUTHORITY FROM
BRIDGEWATER ASSOCIATES AND TRANSFERRING THIS RIGHT TO THE BOARD OF
TRUSTEES ******************************************************************************* 2nd
Substitute Item 6 TNC
Assignment of an Option Agreement/Conservation Easement/Fisheating Creek
Florida Forever Project REQUEST: Consideration of the acceptance of
an assignment of an option agreement to acquire a conservation easement
over 23,950 acres within the Fisheating Creek Florida Forever project from
The Nature
Conservancy. COUNTY: Glades LOCATION: Sections 01 through 04, 09 through
15, 22 through 27 and 34 through 36, Township 40 South, Range 30 East;
Sections 06, 07 and 18, Township 40 South, Range 31 East; Sections 01 and
02, Township 41 South, Range 30 East; Sections 01 through 05, 08 through
17, 20 through 24, 26 and 27, Township 41 South, Range 31 East; and
Sections 05 through 08 and 17 through 19, Township 41 South, Range 32
East CONSIDERATION: $23,092,000 ($22,992,000 for the
acquisition; $100,000 for the purchase of the option
agreement)
APPRAISED BY
SELLER’S
TRUSTEES’
Holden
Ryan
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/05/03)
(02/26/03)
VALUE
PRICE
PRICE
DATE
Lykes
Bros. 23,950
$23,950,000
$20,360,000
$23,950,000
*
$23,092,000**
120 days after
(96%)
BOT approval * The property has been
company-owned for over 50 years ** $964 per acre (The purchase price
for the conservation easement is 64% of the fee value of
$35,925,000) STAFF
REMARKS: The Fisheating Creek
project is an “A” group project on the Florida Forever Less-than-Fee
Project List approved by the Board of Trustees on February 25, 2003. The project contains 176,760
acres, of which 59,818.38 acres have been acquired, protected by a
conservation easement or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 92,991.62 acres, or 53 percent of the project,
will remain to be acquired.
Pursuant to a multi-party acquisition
agreement entered into between the Department of Environmental
Protections’ (DEP) Division of State Lands (DSL) and The Nature
Conservancy (TNC), TNC has acquired an option to purchase a conservation
easement on this 23,950-acre parcel from Lykes Bros., Inc. After this acquisition is
approved, the Board of Trustees will acquire the option from TNC for
$100,000, which represents agreed upon compensation to TNC for overhead
associated with acquiring the option. The Board of Trustees may then
exercise the option and purchase the easement on the property. The assignment of option agreement
provides that payment to TNC is contingent upon the Board of Trustees
successfully acquiring the easement on the property from the owner. The assignment of option agreement
further provides that in no event will the purchase price for the option
and the purchase price of the property exceed the DSL approved value of
the easement on the property. Under the proposed conservation easement
the property will be restricted in perpetuity by the provisions of the
easement, a summary of which includes, but is not limited to, the
following:
Board of Trustees
Agenda – August 12, 2003
2nd Substitute Page Six ****************************************************************************** 2nd
Substitute Item 6, cont. ·
Disturbance of
existing land cover will be prohibited; ·
Any activity that
adversely impacts the health or safety of a threatened or endangered
species, species of special concern, or native vegetation will be
prohibited; ·
Industrial uses other
than oil, gas and water exploration and extraction in the Impacted
Easement Areas (IEA) and farmsteads will be
prohibited; ·
Harvesting of trees in
wetland areas and stumping will be prohibited; ·
New structures,
construction and roads will be prohibited except as permitted in the
easement; ·
Dredging, diking,
canalization, manipulation or diversion of natural water courses or
surface water will be prohibited; and ·
Dumping of trash,
waste, hazardous materials and soil will be
prohibited. The proposed conservation easement will
allow the owners to retain certain rights. The summary of owner’s rights
includes, but is not limited to, the following: · The right to sell, lease and otherwise convey the property in total or in part with the Board of Trustees having the right of first refusal; ·
The right to subdivide
the property into 22 parcels including the right to develop a farmstead on
each parcel; ·
The right to use
prescribed burning at regular intervals to maintain fire-dependent
communities; ·
The right to continue
existing cattle and silvicultural operations; ·
The right to continue
hunting, fishing, ecotourism and other resource-based recreation
rights; ·
The right to continue
haying, sodding, seed and fruit harvesting, and some restricted use of
fertilizers, pesticides and herbicides as outlined in the easement;
·
The right to extract
oil, gas and water within the farmstead areas and the IEA’s, including the
right to install and operate commercial water well fields, so long as
there is no significant impact on the environmental value of the surface
property; and ·
The right to request
authorization to place a regional storage, treatment, and other water
management facilities for the benefit of Lake Okeechobee and other
regional water resources on all or some the
property. All mortgages and liens will be satisfied
or subordinated at the time of closing. The acquisition includes two
non-contiguous parcels. The
northern parcel includes various right-of-way easements and two Department
of Transportation drainage easements that extend into the western boundary
of the property. The northern
parcel also has a reservation of the oil, gas and mineral rights
encumbering approximately 100 acres.
The southern parcel includes a flowage easement along the eastern
boundary and two flood control easements, one at the northeast corner and
one extending along the northern boundary of the parcel. The appraisers considered the
easements, rights-of-way and outstanding interests in their appraisals,
each concluding the impact of these is relatively insignificant to the
overall value of the property.
On June 22, 1999, the Board of Trustees approved a staff
recommendation to delegate to DEP the authority to review and evaluate
marketability issues as they arise on all chapter 259, F.S., acquisitions
and to resolve them appropriately.
Because these issues were discovered during preliminary due
diligence, further research may change the facts and scope of each issue
and, therefore, DEP staff will review, evaluate and implement an
appropriate resolution for these and any other title issues that arise
prior to closing. A title insurance policy, a survey, an
environmental site assessment and baseline documentation report will be
provided by the purchaser prior to closing. Fisheating Creek, the only undammed
tributary to Lake Okeechobee, flows through vast prairies and
flatwoods. Public acquisition
of the Fisheating Creek Ecosystem project will acquire certain rights from
landowners to help preserve this natural land area, which links the
Okaloacoochee Slough, Big Cypress Swamp the Babcock-Webb Wildlife
Management Area
Board of Trustees
Agenda – August 12, 2003
2nd Substitute Page Seven ****************************************************************************** 2nd
Substitute Item 6, cont. and Lake Okeechobee, and help ensure the
survival of the Florida panther, swallow-tailed kite, and other animals
and plants that require such natural lands. The project area contains numerous
archaeological sites and connects the Fisheating Creek Watershed with the
Lake Wales Ridge. The conservation easement will be
monitored by DEP’s Office of Environmental Services. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 6, Pages
1-94) RECOMMEND
DEFERRAL ******************************************************************************* Substitute Item 7
Wallaby Ranch, Inc./Langley Option Agreements/Green Swamp Area of
Critical State Concern/Green Swamp Florida Forever
Project REQUEST:
Consideration of (1) an option agreement to acquire a perpetual
conservation easement over 376.79 acres from Wallaby Ranch, Inc.; and (2)
an option agreement to acquire 149.04 acres from Michael Rae Langley, all
within the Green Swamp Area of Critical State Concern and the Green Swamp
Florida Forever project. COUNTIES:
Lake and Polk LOCATION: Section 02, Township 26 South, Range 26 East and Section 06, Township 23 South, Range 24 East CONSIDERATION:
$1,220,000
APPRAISED BY
SELLER’S
TRUSTEES’
Goodman
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/03/03)
VALUE
PRICE
PRICE
DATE
Wallaby
376.79
$548,500
$ 548,500
$490,000*
$ 510,000** 60
days after
(93%)
BOT approval
APPRAISED BY
SELLER’S
TRUSTEES’
String
Goodman
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/03/03)
(04/03/03)
VALUE
PRICE
PRICE
DATE
Langley
149.04
$800,000
$800,000
$ 800,000
$100,000***
$
710,000**** 120
days after
(89%)
BOT approval
525.83
$1,348,500
$1,220,000
*
Includes 3 parcels
purchased in 3/02 - $225,000, 4/01 -$140,000 (not arm’s length
transactions, purchased from mother), and 2/94 - $125,000 ** $1,456 per
acre (The
conservation easement value is 68% of the fee value of
$810,000) *** Partner’s half interest
purchased in 2/96, prior to grove improvements **** $4,764 per
acre STAFF
REMARKS: Effective July 1,
1999, the Legislature transferred all activities performed by the Green
Swamp Land Authority to the Department of Environmental Protection (DEP)
as provided in section 51, chapters 99-247, Laws of Florida. The Green Swamp Area of Critical
State Concern contains 322,690 acres, of which 36,352.15 acres are
protected by, or under agreement to be protected by, land protection
agreements or conservation easements. After the Board of Trustees
approves these agreements, 285,812.02 acres, or 89 percent of the area,
will remain to be acquired.
These acquisitions are also within the Green Swamp Florida Forever
project boundary, which contains 279,224 acres, of which 84,088.9 acres
have been acquired or are under agreement to be acquired. After the Board
of
Board of Trustees
Agenda – August 12, 2003
Substitute Page Eight ****************************************************************************** Substitute
Item 7, cont. Trustees approves these agreements,
194,609.27 acres, or 70 percent of the Green Swamp Florida Forever
project, will remain to be acquired. Under the proposed conservation easement
the Wallaby property will be restricted in perpetuity by provisions of the
easement, a summary of which includes, but is not limited to, the
following: ·
New construction or
placing of temporary or permanent structures or buildings on the property
will be prohibited except with prior notice and
approval; ·
Mining and excavation
by Grantor will be prohibited; ·
Timber harvesting will
be prohibited in areas not depicted in baseline documentation as
agricultural areas; however, cutting and removing of timber damaged by
natural disaster, fire, etc. is permitted; ·
Acts or uses
detrimental to the retention of land or water areas, or to the use of the
property as a water recharge area will be prohibited;
and ·
Dumping of trash,
waste, hazardous materials and soil will be
prohibited. The proposed conservation easement on the
Wallaby property will allow the owner to retain certain rights. The summary of owner’s rights
includes, but is not limited to, the following: ·
The right to engage in
all non-commercial, passive, resource-based recreation not inconsistent
with the purpose of the easement; ·
The right to construct
barns and fences for agricultural use in agricultural
areas; ·
The right to maintain
the owner’s current agricultural business in improved
areas; ·
The right to retain
and maintain present areas of improved pasture; ·
The right to convey
portions of the property; ·
The right to convert
improved agricultural areas to other agricultural or silvicultural uses;
and ·
The Board of Trustees will have the right of first
refusal in the event the owner intends to sell the
property. All mortgages and liens will be satisfied
or subordinated on the Wallaby property at the time of closing. The parcel includes a pipeline
easement and an access easement.
The appraiser considered the easements in the valuation of the
property. DEP’s Office of Environmental Services (OES), the
future monitor of the easement, has determined that monitoring of the
property will not be adversely affected. In the event the commitments for
title insurance, to be obtained prior to closing, reveal any other
encumbrances that may affect the value of the property or the proposed
management of the property, staff will so advise the Board of Trustees
prior to closing. All mortgages and liens will be satisfied
on the Langley property at the time of closing. The parcel includes two access
easements and two utility easements.
The parcel also has approximately 94 acres that have been improved
with a mature citrus grove.
The appraisers considered the easements and improvements in their
valuation of the property.
DEP’s Division of Recreation and Parks (DRP), the future managing
agency, has determined that management of the property will not be
adversely affected. On June
22, 1999, the Board of Trustees approved a staff recommendation to
delegate to DEP the authority to review and evaluate marketability issues
as they arise on all chapter 259, F.S., acquisitions and to resolve them
appropriately. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. The terms of the Langley option agreement
provide that under the use agreement the seller may continue citrus grove
operations on the property following the date of closing. The
use
Board of Trustees
Agenda – August 12, 2003
Substitute Page Nine ****************************************************************************** Substitute
Item 7, cont. agreement shall commence upon the state’s
acquisition of the property and shall terminate on March 1, 2005, unless
otherwise terminated by the seller.
The Mr. Langley will pay DRP $15,000 per annual crop or in-kind
services equal to that amount for the duration of the agreement. Title insurance policies, surveys,
environmental site assessments and baseline documentation reports as
applicable, will be provided by the purchaser prior to
closing. The mosaic of cypress swamps, pine
forests, and pastures known as the Green Swamp is a vital part of the
water supply of Central Florida.
This region gives rise to four
major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace)
and, because it has the highest groundwater elevation in the peninsula, is
important for maintaining the flow of water from the Floridan
Aquifer. Preservation by
acquiring the properties located within the area will protect the Floridan
Aquifer and the headwaters of several rivers, and preserve a large area
for wildlife. OES will be the interim monitor for the
Wallaby conservation easement until a permanent monitor is
established. DRP will manage
the Langley parcel as an addition to the General James A. Van Fleet State
Trail. These acquisitions are consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 7, Pages
1-56) RECOMMEND
APPROVAL ******************************************************************************* Item 8
McBride Option Agreement/Division of Recreation and Parks DeLeon
Springs State Park Additions and Inholdings Project REQUEST: Consideration of an option
agreement to acquire 7.1 acres within the Division of Recreation and Parks
DeLeon Springs State Park Additions and Inholdings project from Gale
McBride. COUNTY: Volusia LOCATION: Sections 38 and 40, Township 16
South, Range 29 East CONSIDERATION: $310,000
APPRAISED BY
SELLER’S
TRUSTEES’
Sutte
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(07/26/02)
VALUE
PRICE
PRICE
DATE
McBride
7.1
$355,000
$355,000
$303,000*
$310,000**
90 days after
(87%)
BOT approval * Property was transferred
from Sams-McBride Partnership to seller in August
1996 **
$ 43,662 per acre STAFF
REMARKS: The DeLeon Springs
State Park project has been identified on the Department of Environmental
Protections’ (DEP) Division of Recreation and Parks (DRP) Additions and
Inholdings List. This
agreement was negotiated by DEP’s Division of State Lands on behalf of DRP
under the State Parks Additions and Inholdings Florida Forever
program.
Board of Trustees
Agenda – August 12, 2003
Substitute Page Ten ****************************************************************************** Item
8, cont. All mortgages and liens will be satisfied
at the time of closing. There
are two easements on the southern portion of the property that provide
access to two residences along the lake. The easements were considered by
the appraiser. DRP has
determined that the easements will not affect the management of the
property. On June 22, 1999,
the Board of Trustees approved a staff recommendation to delegate to the
DEP the authority to review and evaluate marketability issues as they
arise on all chapter 259, F.S., acquisitions and to resolve them
appropriately. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. A title insurance policy, a survey, an
environmental site evaluation and, if necessary, an environmental site
assessment will be provided by the purchaser prior to closing.
This
property is the site of an old privately owned park and is in close
proximity of the main use area, the headspring, of DeLeon Springs State
Park. After approval by the Board of Trustees,
this
acquisition will complete the boundary and create an inholding. In addition, it will help to
maintain a natural vista from the existing park facilities and provide
upland to enhance future management and public use in a very constricted
area of the park. The
property will be managed by DRP as an addition to DeLeon Springs State
Park. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 8, Pages
1-12) RECOMMEND
APPROVAL ******************************************************************************* Substitute Item 9 Brevard County Option Agreement/Brevard
Coastal Scrub Ecosystem Florida Forever
Project REQUEST:
Consideration of an option agreement to acquire 131.87 acres within the
Brevard Coastal Scrub Ecosystem (Turkey Creek site) Florida Forever
project from Brevard County. COUNTY:
Brevard LOCATION:
Section 35, Township 28 South, Range 37 East CONSIDERATION:
$1,080,000 (Board of Trustees’ 45 percent share of the County’s $2,400,000
purchase price)
APPRAISED BY
SELLER’S
TRUSTEES’
Maxwell
Goodman
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(08/15/01)
(07/27/01)
VALUE
PRICE
PRICE
DATE
WGML/PRN
131.87
$2,762,000
$2,750,000
$2,762,000
*
$1,080,000**
210 days after
(39%)
BOT approval
* WGML/PRN purchased in 1987
for $2,100,000; Brevard County purchased in April 2003 for $2,400,000
** $18,200 total price per acre;
$8,190 Board of Trustees price per acre STAFF
REMARKS: The Brevard Coastal
Scrub Ecosystem is an “A” group project on the Florida Forever Full Fee
Project List approved by the Board of Trustees on February 25, 2003. The project contains 49,245 acres,
of which 7,045 acres have been acquired or are
Board of Trustees
Agenda – August 12, 2003
Substitute Page Eleven ****************************************************************************** Substitute
Item 9, cont. under agreement to be acquired. After the Board of Trustees
approves this agreement, 42,068.13 acres or 85 percent of the project will
remain to be acquired.
Pursuant to a multi-party acquisition
agreement entered into between the Department of Environmental
Protections’ (DEP) Division of State Lands and Brevard County (County),
the County acquired the property owned by WGML Investments, Ltd. (formerly
known as BML Investments, Ltd.) and PRN Real Estate & Investments,
Ltd. (WGML/PRN), both Florida limited partnerships, consisting of 131.87
acres on April 30, 2003 for $2,400,000. Upon approval of this acquisition,
the Board of Trustees will reimburse the County for the lesser of 45
percent of the approved value or 45 percent of the County’s purchase price
and receive 100 percent title to the property. In no event will the Board of
Trustees’ purchase price exceed 45 percent of the approved value.
All mortgages and liens will be satisfied
at the time of closing. This
acquisition consists of two non-contiguous parcels. The northern parcel is bisected by
a 100-foot improved road right-of-way and there is a 60-foot access
easement along the western boundary.
The southern parcel is bisected by a 100-foot unimproved road
right-of-way, and there is a water utility easement and a Florida Power
and Light easement and various small easements.
The appraisers considered the rights-of-way and easements in their
valuation of the property and the County, the current and future managing
agency, has determined that management of the property will not be
affected. On June 22, 1999,
the Board of Trustees approved a staff recommendation to delegate to DEP
the authority to review and evaluate marketability issues as they arise on
all chapter 259, F.S., acquisitions and to resolve them
appropriately. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. The County will provide a title insurance
policy and an environmental site assessment prior to closing. A survey will be provided by the
purchaser prior to closing. The strip of coastal scrub that once
paralleled the Indian River in Brevard County is now a set of small
fragments surrounded by housing developments. Public acquisition of the Brevard
Coastal Scrub Ecosystem project will preserve a few of the best fragments,
thus helping to ensure the survival of the threatened scrub jay and scrub
itself in the county, and providing areas where the public can learn about
and appreciate this unique landscape. The subject property
primarily consists of sand pine scrub that, with appropriate land
management, will benefit the threatened Florida scrub jay and gopher
tortoise, as well as the endangered Eastern indigo snake. The property also contains hydric
hammock as well as tributaries to Turkey Creek, an important manatee
habitat in Brevard County. In
addition, the property is a habitat used by migrating songbirds, including
warblers and vireos. The property will be managed by the County
as a conservation area with limited passive recreation and environmental
education.
This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 9, Pages
1-29) RECOMMEND
APPROVAL
Board of Trustees
Agenda – August 12, 2003
Substitute Page Twelve ******************************************************************************* Substitute Item 10
James J. Jentgen, Trustee, Option Agreement/Fakahatchee Strand
Florida Forever Project REQUEST:
Consideration of an option agreement to acquire 96.92 acres within the
Fakahatchee Strand Florida Forever project from James J. Jentgen,
Trustee. COUNTY:
Collier LOCATION:
Sections 11, 14 and 15, Township 53 South, Range 29
East CONSIDERATION:
$1,525,000
APPRAISED BY
SELLER’S
TRUSTEES’
Bowen
Stewart
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(03/08/02)
(03/08/02)
VALUE
PRICE
PRICE
DATE
Jentgen
96.92
$1,700,000
$1,605,000
$1,700,000
$150,000*
$1,525,000**
120 days after
(90%)
BOT approval * Purchased in November
1971 ** $15,735 per
acre STAFF
REMARKS: The Fakahatchee
Strand project is a “B” group project on the Florida Forever Full Fee
Project List approved by the Board of Trustees on February 25, 2003. On December 5, 2002, the
Acquisition and Restoration Council (ARC) voted to move the project from
the “A” to the “B” list of approved Florida Forever projects, with the
exception of those parcels actively in negotiation for acquisition. ARC recommended that active “A”
group acquisitions receive final approval no later than August 25,
2003. The project contains
80,332 acres, of which 63,907 acres have been acquired or are under
agreement to be acquired.
After the Board of Trustees approves this agreement, 16,328.08
acres, or 20 percent of the project, will remain to be
acquired. All mortgages and liens will be satisfied
at the time of closing. The
only access to the property is by boat. There is an access right-of-way,
which, subject to governmental approval, would allow for existing road
extension and bridging. There is also a utility easement, an unspecified
easement and an access easement that connects the northern and southern
portions of the property.
Improvements include a small historic cemetery, a concrete cistern
and an older home of no contributory value. There is an encroachment by an
Outward Bound equipment storage building that will be removed prior to
closing. The right-of-way,
easements, improvements and encroachment were considered by the appraisers
in the valuation of the property.
The City of Everglades City (City), the future managing agency, has
determined that management of the property will not be adversely
affected. June 22, 1999, the
Board of Trustees approved a staff recommendation to delegate to the
Department of Environmental Protection (DEP) the authority to review and
evaluate marketability issues as they arise on all chapter 259, F.S.,
acquisitions and to resolve them appropriately. Therefore, DEP staff will review,
evaluate and implement an appropriate resolution for any title issues that
arise prior to closing. A title insurance policy, a survey, an
environmental site evaluation and, if necessary, an environmental site
assessment will be provided by the purchaser prior to closing.
Of the subtropical swamps in south
Florida, the Fakahatchee Strand is perhaps the most significant—the
richest in orchids and other rare tropical plants, the most critical to
the survival of the Florida panther, and the most important for the
mangrove swamps of the Ten Thousand Islands. The Fakahatchee Strand project, by
preserving this ecosystem, will help to save the last of the panthers,
protect the Ten Thousand Islands, and give the public an opportunity to
learn about this unique part of Florida. This property will be managed by the City
as a preserve.
Board of Trustees
Agenda – August 12, 2003
Substitute Page Thirteen ****************************************************************************** Substitute
Item 10, cont. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 10, Pages
1-51) RECOMMEND
DEFERRAL TO THE OCTOBER
14, 2003 CABINET MEETING ******************************************************************************* Substitute Item 11
Marbella Yacht Club, LLC, Recommended Consolidated
Intent REQUEST: Consideration of an application
for a five-year sovereignty submerged lands lease containing approximately
90,611 square feet, more or less, for a yacht club marina in conjunction
with an upland condominium. COUNTY:
Okaloosa
Lease
No.
460033001
Application No. 46-0160745-001-DF
APPLICANT:
Marbella Yacht Club, LLC
(d/b/a Marbella, A
Condominium)
LOCATION: Section 00,
Township 02 South, Range 22 West, in Old Pass Lagoon, Class III Waters,
Prohibited Shellfish Harvesting Area, within the local jurisdiction of the
City of Destin
Aquatic Preserve: No
Outstanding Florida Waters:
No
Designated Manatee County:
No
Manatee Aggregation Area:
No
Manatee Protection Speeding Zone: No
CONSIDERATION:
$14,475.10, representing the initial lease fee computed at the base rate
of $0.1278 per square foot, including the initial 25 percent surcharge
payment. Sales tax will be
assessed, pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted
based on six percent of the annual rental value, pursuant to section
18-21.011(1)(a)1, F.A.C.
STAFF
REMARKS: In accordance with
rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this
"Recommended Consolidated Notice" contains a recommendation for issuance
of both the permit required under part IV of chapter 373, F.S., and the
authorization to use sovereignty submerged lands under chapter 253,
F.S. The Board of Trustees is
requested to act on those aspects of the activity, which require
authorization to use sovereignty submerged lands. If the Board of Trustees approves
the request to use sovereignty submerged lands, and the activity also
qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated
Notice of Intent to Issue" that will contain general and specific
conditions. If the Board of
Trustees denies the use of sovereignty submerged lands, whether or not the
activity qualifies for a permit, DEP will issue a "Consolidated Notice of
Denial." The applicant is proposing to construct a
new 58-slip yacht club marina (marina) in conjunction with a 126-unit
upland condominium complex.
The applicant proposes to construct the
project in four phases: Phase I is a 69-unit condominium; Phase II is the
58-slip marina; Phase III is a 30-unit condominium and Phase IV is a
27-unit condominium.
The facility will provide docking and water access to the
condominium owners and to the general public. The applicant is proposing to
construct a 785-foot-long by 6-foot-wide marginal dock with a 50-foot-long
by 6-foot-wide access pier, a 115-foot-long by 6-foot-wide access pier and
a 42-foot-long by 6-foot-wide access pier. The three access piers will be
elevated a minimum of 8 feet above mean
Board of Trustees
Agenda – August 12, 2003
Substitute Page Fourteen ****************************************************************************** Substitute
Item 11, cont. high water and 2 feet above the top of the
emergent wetland vegetation, with deck spacing of at least ½ inch to allow
for light penetration. The
marginal dock will have a 156-foot-long by 6-foot-wide “Z”-shaped
extension and a 208-foot-long by 6-foot-wide “Z”-shaped extension
radiating from the center of the dock in a semicircle. The dock is also proposed to have
23 finger piers, each 3 to 6 feet wide, ranging from 15 to 70 feet in
length. The dock will
accommodate recreational powerboats ranging in size from 25 to 70 feet
long. The proposed dock
structure will comprise approximately 10,600 square feet and will contain
three main access piers that extend perpendicular to the mean high water
line (MHWL). The portion of
the shoreline between the two end access piers is considered to be
pre-empted and is included in the lease, as the public will not have
access to this area. The
nearshore area also contains oyster beds and shallow water depths. As a result of these resources and
the shallow water depths the dock has been moved from 40 to 90 feet
waterward of the MHWL. No
submerged aquatic vegetation has been found in the area where the dock or
the slips are proposed to be located. The shoreline contains emergent
vegetation, however, the main access piers have been elevated and the dock
has been moved waterward in order to avoid the vegetation and minimize the
impact. No dredging is
proposed at the site since the project will be located in water depths
ranging from -5 to -10 feet mean low water. The site currently contains an
existing 630-square-foot single-family dock that will be removed prior to
construction of the new docking facility. The original owner of the entire upland
property was Marbella Development Partners, LLC, which sold the property
to Oak Harbor Development, LLC on December 5, 2001. Oak Harbor Development, LLC, has
granted a 5- to 20-foot-wide easement along the riparian shoreline to
Marbella Yacht Club, LLC, which will operate the marina as the
lessee. Oak Harbor
Development, LLC, will convey the upland property on which the condominium
will be constructed to Marbella Condominium Developers, LLC. Marbella Condominium Developers,
LLC, will construct the condominium on the uplands subject to the easement
granted to Marbella Yacht Club, LLC.
Access from the common property owned by Oak Harbor Development,
LLC, has been granted to Marbella Yacht Club, LLC, through the easement
agreement. Once the project
is constructed, the condominium will be known as Marbella, A
Condominium. The uplands
adjacent to the proposed marina will contain a multi-phased 126-unit
condominium complex. The slip
usage at the marina facility will not be contingent upon ownership of an
upland dwelling unit or membership in the yacht club. The slips may be utilized by
condominium “unit owners” or “non-unit owners” as stated in section 4.6 of
the condominium documents.
The uplands adjacent to the docking facility will not contain a
yacht club building, but sufficient parking will be available on the
condominium property for both the condominium unit owners and the non-unit
owners who will utilize the slips.
A standard condition in sovereignty submerged
lands leases clearly states the Board of Trustees’ interest in the lands
being leased, as follows: “Lessee shall make no claim of title or interest
to said lands hereinbefore described by reason of occupancy or use
thereof, and all title and interest to said land hereinbefore described is
vested in the Lessor. The
Lessee is prohibited from including, or making any claim that purports to
include, said lands described or the Lessee's leasehold interest in said
lands into any form of private ownership, including but not limited to any
form of condominium or cooperative ownership. The Lessee is further prohibited
from making any claim, including any advertisement, that said land, or the
use thereof, may be purchased, sold, or re-sold.” A special lease condition has been added
that will require the boat slip rental agreement between the applicant and
boat slip renters to also clearly state the Board of Trustees’
Board of Trustees
Agenda – August 12, 2003
Substitute Page Fifteen ****************************************************************************** Substitute
Item 11, cont. ownership of the submerged lands at the
marina, and that the boat slip renter does not obtain any title to, or
interest in, sovereignty submerged lands. Pursuant to section 18-21.004(4)(a),
F.A.C., the 126-unit condominium would be limited under the unit to slip
ratio provision to a total of 40 slips, if the docking facility was to be
used solely in conjunction with the condominium. A special lease condition has been
added that requires the applicant to limit the number of slips available
for rent to unit owners of the condominium to a maximum of 25 slips during
Phase I of construction.
Additional slips would be available to unit owners of the
condominium for rent, pursuant to the maximum number allowable under
section 18-21.004(4)(a), F.A.C., as additional phases of the condominium
are developed. Another special lease
condition will require the applicant to provide annual reports to DEP
containing the names and addresses of all unit owners in Marbella, A
Condominium and of all boat owners using the docking facility, along with
the vessel registration numbers of all vessels using the docking
facility. These conditions
are consistent with previous Board of Trustees’ actions pertaining to
similar types of projects for example,
Pier 81 and the City of Punta Gorda.
As the project is not considered to be ownership oriented, the
applicant is not required to provide a proprietary conservation easement
along the shoreline pursuant to 18-21.004(4)(a)1.e., F.A.C. Since 90 percent of the slips will
not be “open to the public, on a first-come, first-served basis”, the
marina facility does not qualify for a 30 percent discount of the lease
fee, pursuant to 18-21.0011(1)(b) 2, F.A.C. The applicant has requested that this item
be presented as a commercial marina that is “open to the public on a first
come, first serve basis”.
However, the applicant has expressed concerns that during later
phases of the project, no slips will be available for condominium unit
owners if the general public is allowed to rent slips during Phase I. The applicant has objected to DEP’s request that a cap be placed
on the total number of slips available to the condominium unit owners and
on the phased number of slips available to the condominium unit
owners. DEP is concerned that
this approach is inconsistent with the rule and could result in the
renting or leasing of more slips to the condominium unit owners than would
be allowed if the facility were considered to be ownership-oriented. As such, DEP has added special
lease conditions which limit the number of slips available to the
condominium unit owners during Phase I of the development and limit the
total number of slips available to condominium unit owners to the maximum
that would be allowed, pursuant to 18-21.004(4)(a),
F.A.C. Old Pass Lagoon has
experienced a decline in water quality dating back to the early
1980’s. As a result of these concerns, the Board
of Trustees imposed on March 6, 1984, a condition that future developments on
sovereignty submerged lands in Old Pass Lagoon must, not only meet water
quality standards, but must also have a Net Positive Environmental Benefit
(NPEB) to the water quality in the
lagoon.
As a result of these concerns, a pumping mechanism was installed in
Old Pass Lagoon several years ago by the Northwest Florida Water
Management District. This
mechanism pumps water from the Gulf of Mexico into the lagoon during an
outgoing tide forcing the water in the lagoon out into the Gulf. This pump provides flow through
circulation in the lagoon, as the lagoon only has one opening. Monitoring by the City of Destin
on the effects of the pump on water quality in the lagoon is ongoing. The applicant has proposed as
their NPEB: (1) donation of $25,000 to the City of Destin Stormwater Fund
for the retrofit or replacement of the pumping mechanism, (2) retaining
the first inch of stormwater runoff on site rather the ½ inch required
by DEP, (3) usage of concrete
dock pilings with mooring pilings treated with 21 Poly or pile-wrap. DEP staff is of the opinion that
the NPEB has been met by the applicant through the donation of $25,000 to
the City of Destin Stormwater Fund for the retrofit or replacement of the
Destin Harbor pump. DEP staff
believes that the increased retention of stormwater and usage of non-CCA
treated pilings are necessary for approval of the permit in order to
offset the impacts to the water quality in the lagoon, and this should not
be counted as part of the NPEB. DEP’s hydrographic engineering
section stated no objection to the project on October 21, 1999, as long as
the pump operates on a regular basis.
Board of Trustees
Agenda – August 12, 2003
Substitute Page Sixteen ****************************************************************************** Substitute
Item 11, cont. DEP’s wetland resource permit prohibits
liveaboards and fueling facilities.
Portable sewage pumpouts, as required by the permit, will be
provided. According to the
July 21, 2003, letter from the Florida Fish and Wildlife Conservation
Commission (FFWCC), Bureau of Protected Species Management, the proposed
project will not significantly affect the endangered manatee so long as
the applicant follows the standard manatee construction conditions for all
in-water construction. This
has been included as a specific condition in the wetland resource permit
and as a special lease condition.
Okaloosa County is not one of the thirteen designated counties
earmarked by the Board of Trustees in 1989 to develop a manatee protection
plan. The existing “No Wake
Zone” sign located on the western portion of the property adjacent to the
shoreline will be relocated approximately 150 feet further west. FFWCC, Florida Marine Patrol, did not
object to the project or have any navigational concerns in a letter
received on July 18, 2003.
The Department of Community Affairs (DCA) stated in a letter
dated September 12, 2001, that the project was not considered to be a
Development of Regional Impact. In a letter dated December 3, 2001, DCA
offered no objections to the project. This project was noticed as required by
section 253.115, F.S., and one objection was received. The objection concerned the number
of boats, wakes from boats, navigation, dredging, and loss of view from
the proposed project. DEP
staff believes that the concerns have been adequately addressed as
follows: the applicant has
reduced the number of slips from 60 to 58; the entire harbor is a “No Wake
Zone”; the FFWCC has reviewed the project and has not found it to be a
navigation hazard; DEP has no jurisdiction over the right to a “view”; and
no dredging is proposed.
The proposed action is consistent with the
original Development Order issued on August 27, 1999, the Board of
Adjustment Final Order issued on January 5, 2000, the Board of Adjustment
Final Order issued on May 16, 2001, and the Third Amendment to the
Development Order issued on December 2, 2002, by the City of
Destin. (See Attachment 11, Pages
1-40) RECOMMEND DEFERRAL ******************************************************************************* Substitute Item 12 Telecommunications Rule Amendments
Adoption/Chapter 18-21, F.A.C. DEFERRED
FROM THE JUNE 26, 2003 AGENDA
REQUEST: Consideration of a request to
adopt rule amendments to Chapter 18-21, F.A.C., regarding installation of
offshore telecommunication lines and conduits. COUNTY: Statewide APPLICANT:
Department of Environmental Protection (DEP)
(Telecommunications Rulemaking) STAFF REMARKS: On December 11, 2002, the Board of
Trustees approved publication of the proposed rule as a “Notice of
Proposed Rulemaking,” which was published in the January 31, 2003,
Florida Administrative Weekly. The proposed rule will establish
telecommunication line special consideration areas in the coastal waters
of Palm Beach and Broward Counties; exclusion areas in Biscayne Bay
Aquatic Preserve, Biscayne Bay National Park, and Monroe County; statewide
application and easement fees; and delegation of decision-making authority
to staff for installations in special consideration
areas.
Board of Trustees
Agenda – August 12, 2003
Substitute Page Seventeen ****************************************************************************** Substitute
Item 12, cont. A public hearing on the proposed rule was
held on February 13, 2003, in West Palm Beach. At the public hearing, staff
proposed amendments to clarify the descriptions of gap locations, the
limits of sovereignty submerged lands within the territorial sea, and the
Biscayne Bay exclusion area.
Daniel Bates, representing Palm Beach County, recommended replacing
the Boynton Beach Gap with a gap offshore of South Lake Worth Inlet to
address beach sand source concerns.
In addition, the telecommunication industry requested clarification
that locating in a designated special consideration area is not required as an approval
condition. These recommended
changes were published in the Florida Administrative Weekly and on
the DEP’s Internet noticing site in a Notice of Change on May 30, 2003,
with a subsequent notice on June 13, 2003, to correct a scrivener's
error. Additional comments
received as a result of the public hearing are provided in the summary of
the public hearing. The
proposed rule was presented to the Board of Trustees June 26, 2003, at
which time staff was asked to reconsider not limiting the number of empty
conduits for each line approved and consider a revised fee as an incentive
to use special consideration areas. These changes are included
in the proposed rule, copy attached, that is recommended for adoption by
the Board of Trustees. The special consideration areas offshore
of Palm Beach and Broward Counties are located at the northern extent of
natural coral reef systems in North America. Dr. Ray McAllister (Professor
Emeritus, Florida Atlantic University), under contract with DEP, mapped
the location of twenty-one gaps in the third reef tract. The recommended gaps were selected
based on DEP staff underwater site inspections and consideration of the
following criteria: (1) equitable distribution of
landing sites along the coast and avoidance of a monopoly on upland
landing sites; (2) extent and quality of benthic resources within the
gaps; (3) size of the gaps; (4) Intracoastal Waterway crossing sites; (5)
possible horizontal directional drill staging areas; and (6) competing
uses of sovereignty submerged lands such as beach restoration and
nourishment borrow areas, artificial reefs, and military exclusion
zones. DEP staff
inspected the South Lake Worth Inlet Gap site recommended by Palm Beach
County and confirmed that it was preferred over the previously proposed
Boynton Beach Gap based on these same criteria. The following is a summary of the rule
amendments, with the proposed changes incorporated: 18-21.003,
Definitions ·
"Telecommunication
line" is defined as any cable used for transmitting information, not just
fiber optic cables. 18-21.004, Management Policies, Standards,
and Criteria ·
Requires a Federal
Communications Commission cable landing license. ·
Requires
documentation, in the form of a contract or letter of commitment,
demonstrating that an offshore telecommunication line will be installed
and connected to an upland distribution network. ·
Limits each landing
site to no more than six telecommunication lines and conduits unless the
applicant can demonstrate that the site will support a larger number of
such lines and conduits with minimum impact. However, installations using
subconduits within a conduit shall be allowed up to six subconduits and
one additional conduit. In no
case shall more than two conduits with subconduits be authorized until
such time as the capacity of one conduit is fully utilized for
telecommunication line installation. ·
Prohibits
installations on or under submerged lands within Biscayne Bay Aquatic
Preserve, Biscayne Bay National Park, and Monroe County, to protect reefs
in those waters. ·
Requires lines to be
directionally drilled under nearshore resources and to “punch out” in an
area that avoids or minimizes impacts. ·
Establishes five
special consideration areas: Ø
Lake Worth Gap in
northern Palm Beach County (1,672 yards wide) Ø
South Lake Worth Inlet
Gap in middle Palm Beach County (100 yards wide) Ø
Delray Gap in southern
Palm Beach County (508 yards wide)
Board of Trustees
Agenda – August 12, 2003
Substitute Page Eighteen ****************************************************************************** Substitute
Item 12, cont. Ø
Sea Turtle Gap in
southern Palm Beach County (154 yards wide) Ø
South Broward Gap in
southern Broward County (1,225 yards wide) 18-21.0051, Delegation of
Authority ·
Delegates authority to
staff to review and take final agency action on applications for
telecommunication lines in the special consideration areas, provided the
Board of Trustees receives notice and has an opportunity to request the
application be placed on the Trustees agenda. Installations outside of special
consideration areas remain subject to Board of Trustees’ final
action. 18-21.009, Applications for Public
Easement ·
Provides for
submission of a sketch, in lieu of a survey, for installations in special
consideration areas provided that an as-built survey and legal description
are submitted upon completion of construction. ·
Revises the public
noticing provisions for all public easements to reflect current statutory
requirements. ·
Requires a $15,000
application fee for installation of any telecommunication line and
associated conduit, including installation of telecommunication lines in
previously authorized empty conduits, and provides that the fee shall be
revised annually based on the Consumer Price Index.
18-21.010, Applications for Private
Easement ·
Same amendments as for
Public Easements. ·
Provides that a
calculation, not payment, of the easement fee is required as part of the
application. 18-21.011, Payments and
Fees ·
Establishes a private easement fee for offshore
telecommunication lines of $5.06 per linear foot for each line or conduit
installed for a ten-foot wide easement, and shall be increased
proportionally for easements of greater widths. The fee is based on a combination
of an appraised easement value for submerged lands and the enhanced value
for use of those lands, and is a one-time fee for the term of the easement
granted. A one-time easement
value fee of $0.06 for installations inside special consideration
areas. ·
The easement fee will
apply to renewals of private telecommunication line
easements. ·
The $5.06 and $0.06
fee per linear foot private easement fee will be revised annually based on
the Consumer Price Index. This meeting of the Board of Trustees
serves as the final adoption hearing on the proposed rule. Upon the Board of Trustees'
adoption of the proposed rule amendments staff will publish a notice of
change of the amendments that have not been published and subsequently
file the rule with the Department of State. The rule will become effective
twenty days after filing. (See Attachment 12, Pages
1-21) RECOMMEND DEFERRAL
Board of Trustees
Agenda – August 12, 2003
Substitute Page Nineteen ******************************************************************************* Substitute Item 13
Florida Teleport, Inc. Recommended Consolidated
Intent DEFERRED FROM THE JUNE
26, 2003 AGENDA
REQUEST:
Consideration of an application for (1) a 25-year sovereignty submerged
lands private easement containing a combined 176,160 square feet, more or less, for a fiber
optic cable system on or under sovereignty submerged lands of the Atlantic
Ocean out to the state’s territorial limit; and (2) authorization for the
severance of 46.2 cubic yards of sovereignty
material. COUNTY: Palm Beach
Easement
No.: 30717
BOT No.:
500224846
Application No.:
50-0194028-001 APPLICANT: Florida Teleport,
Inc. LOCATION: Section 16, Township 46 South, Range 43
East (Sandoway Park), in the Atlantic Ocean, Class III Waters, within the
local jurisdiction of the City of Delray Beach
Aquatic Preserve: No
Outstanding
Florida Waters: No
Designated Manatee County: Yes, without a state approved manatee
protection plan, and not making significant progress towards a manatee
protection plan Manatee Aggregation Area: No
Manatee Protection Speed Zone: No
CONSIDERATION: (1)
A one-time easement fee of $5.06 per linear foot from the Erosion Control
Line to the state's three-mile territorial limit, pursuant to proposed
rule, for the cable and associated conduit; (2) a one-time easement fee of
$5.06 per linear foot from the Erosion Control Line to the waterward end
of the empty conduit, with the fee from that point to the State's
territorial limit to be assessed upon installation of a cable; and (3) a
fee for the severance of sovereignty material calculated at a rate of
$2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. Sales tax will be assessed
pursuant to section 212.031, F.S., if applicable. The final easement fee
shall be determined upon receipt of an acceptable “as built” survey and
legal description of the easement area. STAFF REMARKS: In
accordance with rules adopted pursuant to sections 373.427(2) and
253.77(2), F.S., this “Recommended Consolidated Intent” contains a
recommendation for issuance of both the permit required under part IV of
chapter 373, F.S., and the authorization to use sovereignty submerged
lands under chapter 253, F.S.
The Board of Trustees is requested to act on those aspects of the
activity which require authorization to use sovereignty submerged
lands. If the Board of
Trustees approves the request to use sovereignty submerged lands and the
activity also qualifies for a permit, the Department of Environmental
Protection (DEP) will issue a “Consolidated Notice of Intent to Issue”
that will contain general and specific conditions. If the Board of Trustees denies
the use of sovereignty submerged lands, whether or not the activity
qualifies for a permit, DEP will issue a “Consolidated Notice of
Denial.” The applicant is requesting authorization to use
sovereignty submerged lands to install an oceanic fiber
optic telecommunication cable system (Delray-Freeport system) from the
state’s three-mile territorial limit landward to a manhole landing within
the parking lot of Sandoway Park (Park) in the City of Delray Beach
(City). The Park landing of
the Delray-Freeport system is comprised of two conduits (one conduit to
contain up to six subconduits, and the second conduit to contain no
subconduits), and one fiber optic cable. The two conduits will be installed
by horizontal directional drilling (HDD) from the upland manholes,
traverse beneath the beach at a depth of approximately 35 feet, and
continue oceanward to the exit points in
the
Board of Trustees
Agenda – August 12, 2003
Substitute Page Twenty ****************************************************************************** Substitute Item 13,
cont. ocean floor
located approximately 1,600 feet offshore. The
applicant is also proposing to sever 46.2 cubic yards of sovereignty
material during the HDD operation for placement of the subaqueous
conduits. All material from
the HDD operation will be piped to an upland staging area. The activity also includes
consideration of a 25-year sovereignty submerged lands private easement
containing 176,160 square feet, more or less, for the proposed conduits
and offshore fiber optic cable.
On July 11, 2000, the Board of Trustees
approved a staff recommendation that until the feasibility of cable
corridors can be fully evaluated, easements may only be authorized where
an applicant can clearly demonstrate the need for the project. Need may be demonstrated by a
contract for purchase of a cable, a contract for laying the cable, or
other appropriate documentation.
The applicant has provided a copy of a signed contract with CBA
Telecommunications, Inc., a corporation organized and existing under the
laws of the State of Florida, for the supply of a fiber optic cable
system, to be known as the Delray-Freeport system. The applicant applied to DEP on January
23, 2002. Since the time of
application, the applicant has complied with the previous Board of
Trustees’ recommendations concerning demonstration of need, siting of
cables within areas that avoid impacts to reef resources, and payment of
fees based upon previous appraisals and enhanced values of the easement
area. Since July 2000, the
Board of Trustees’ actions related to oceanic fiber optic cable projects
have not required an applicant to have applied for nor received a FCC
landing license. Therefore,
the applicant has not been requested nor required to have received a FCC
landing license prior to the Board of Trustees’
review. To avoid and minimize impacts to the nearby reef
communities, and to accommodate DEP’s preference that these types of
projects utilize existing, designated reef gaps, the applicant, has sited
the fiber optic cable through the “Delray Gap” an area between reef
systems which is largely devoid of reef communities. As a result, the Delray-Freeport
system is not expected to have impacts to natural resources within the
project area. Additionally,
the cable route has been revised to avoid some isolated patch reef areas
identified in the original project route. The route revision, along with the
cable placement methodology (i.e., hand-located by divers utilizing a
floatation/anchoring system for the cable lay from the HDD exit point to a
point beyond the patch reefs) provides assurance that resources will not
be impacted. In the unlikely
event that resources are impacted, the applicant has agreed to mitigate
the impacts at a 4 to1 ratio. According to the Florida Fish and Wildlife
Conservation Commission (FFWCC), Bureau of Protected Species Management,
the proposed project will not significantly affect endangered marine
turtles so long as the applicant adheres to the following conditions: (1)
no operation, transportation or storage of equipment or materials is
authorized on the dry sandy beach seaward of the dune crest or rigid
coastal structure during the marine turtle nesting season (March 1 through
November 30); and (2) from March 1 through November 30, all project
lighting shall be limited to the immediate area of active construction
only and shall be the minimal lighting necessary to comply with the U.S.
Coast Guard and/or the Occupational Safety and Health Administration
requirements. All lighting on
the vessel(s) shall be minimized through reduction, shielding, lowering,
and appropriate placement of lights to minimize illumination of the
nesting beach and water. The
recommendations of the FFWCC have been addressed in the environmental
resource permit. The project is not located in an aquatic
preserve. Staff is of the
opinion that with the payment of equitable compensation, the expectation
of no resource impacts, and submittal of acceptable drawings, the proposed
project is in the public interest pursuant to section 18-21.010(1)(e),
F.A.C.
Board of Trustees
Agenda – August 12, 2003
Substitute Page Twenty-one ****************************************************************************** Substitute
Item 13, cont. Property owners within a 500-foot radius
of the proposed project were specifically noticed pursuant to section
253.115, F.S., and no comments or objections were received by January 13,
2003, the end of the comment period.
The City will grant a license to Florida Teleport,
Inc., for the installation and operation of the beach manholes and the
high efficiency conduit(s) from the beach manholes to the Erosion Control
Line (ECL). Additionally, the
City will grant to the applicant an exclusive license to utilize the
City’s infrastructure through which to run the cable system. Therefore, a
request for a statement of consistency with the local government
comprehensive plan was not made for this item. (See Attachment 13, Pages
1-29)
RECOMMEND
APPROVAL subject to the special approval
CONDITIONs, THE special easement conditions, and payment of $103.95 for
the severance of sovereignTY material
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