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FEBRUARY 27, 2002
2nd Substitute Page


Substitute Item 1 Minutes

Submittal of the Minutes from the December 18, 2001 and January 29, 2002 Cabinet Meetings.

(See Attachment 1, Pages 1-6)



2nd Substitute Item 2 Brevard County Parks and Recreation Recommended Consolidated Intent


REQUEST: Consideration of an application for a consent of use for construction of a new double boat ramp, accessory dock and shoreline protection structure at Pineda Landing Park.

COUNTY: Brevard
Application No. 40-009-14553-2

APPLICANT: Brevard County Parks and Recreation

LOCATION: Section 19, Township 25 South, Range 37 East, in the Indian River Lagoon, Class II Waters, within the local jurisdiction of Brevard County
Aquatic Preserve: No
Outstanding Florida Waters: No
Designated Manatee County: Yes, without a state approved manatee protection plan
Manatee Aggregation Area: No
Manatee Protection Speed Zone: No

CONSIDERATION: No fees required for consent of use.

STAFF REMARKS: In accordance with rules adopted pursuant to section 373.427(2) and 253.77(2), F.S., the attached "Recommended Consolidated Notice of Intent to Issue" 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 St. Johns River Water Management District (SJRWMD) will issue the "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, SJRWMD will issue a "Consolidated Notice of Denial."

In May 1992, Pineda Landing Park was issued a SJRWMD permit for the construction of a surface water management system at the park. The park is currently 1.5 acres in size and consists of a single boat ramp and ten vehicle and trailer parking spaces and associated drives. The existing single-wide boat ramp and a very small companion dock are located approximately in the center of the existing park. Brevard County now proposes to change the boat launching location because the existing one has proved to be a traffic hazard, and it is also under low aerial power lines that pose a danger to drivers with tall or masted vessels coming in

Board of Trustees
St. Johns River Water Management District
Agenda - February 27, 2002
2nd Substitute Page Two


2nd Substitute Item 2, cont.

on trailers. The existing boat ramp and pavement will be demolished; however, the existing dock will remain for some loading and unloading of passengers and as a viewing platform.

The applicant seeks to expand the park to the south, which will bring the total park area to 5.0 acres. Improvements consist of a double boat ramp, 26 additional vehicular and trailer parking spaces, community center facility, restroom facilities and miscellaneous pavilions. While the boat ramp and parking facilities will be enlarged, increased boat traffic is not expected. The proposed improvements have been designed to accommodate the current usage of the park facilities. The existing park has ten boat trailer spaces. Studies conducted by the applicant indicate the current peak usage of the park includes 20 to 30 additional boat trailers parked in vacant grassy areas at the park or along the shoulder of U.S. Highway 1. Parking in vacant grassy areas and along the shoulder of U.S. Highway 1 will no longer be permitted. The existing vacant grassy areas are being utilized for construction of the new park facilities. In addition, "No Parking" signs will be installed along the shoulder of U.S. Highway 1 to prohibit the use of this area for parking. Because no additional boat trailer parking areas will be provided beyond what is needed to accommodate current usage, boat ramp usage is expected to stay the same.

The proposed improvements below the mean high water elevation include a boat ramp, accessory docks, and riprap. These improvements qualify for a consent of use sovereignty submerged lands authorization because the improvements do not preempt more than ten square feet per 100 linear feet of shoreline. However, because this project involves the reconstruction of a boat ramp in a county where the Florida Fish and Wildlife Conservation Commission (FFWCC) has determined that significant progress has not been made toward developing a manatee protection plan, this project must be brought to the Board of Trustees for consideration as a project of "heightened public concern" pursuant to section 18-21.0051(4), F.A.C.

The Environmental Resource Permit requires construction of the double boat ramp, community center, associated roadway and parking, and stormwater management system.

Brevard County is a designated manatee county without a state approved manatee protection plan. The FFWCC has stated that significant progress is not being made on the plan. Potential secondary impacts to manatees are being addressed through installation of grates on stormwater pipes. This will prevent the entrapment of manatees within these pipes. In addition, the FFWCC reviewed the project, and it's recommendation regarding manatees have been addressed in the permit. The Army Corps of Engineers evaluated the impact this project would have on endangered species and determined that it may affect, but would be unlikely to adversely affect, the Florida manatee. Pursuant to an informal consultation, the U.S. Fish and Wildlife Service also reviewed the project and concurred with the Corps' determination.

Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from Brevard County.

(See Attachment 2, Pages 1-24)