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OKLAWAHA RIVER AQUATIC PRESERVE MANAGEMENT PLAN QH 1992 90.75 16 045 1992 DEPARTMENT OF NATURAL RESOURCES OKLAHAWA RIVER AQUATIC PRESERVE MANAGEMENT PLAN (CABINET READY DRAFT) MARCH 1992 VIRGINIA WETHERELL Executive Director Department of Natural Resources This plan was prepared by the Bureau of Submerged Lands and Preserves Division of State Lands 0 N7 O@ Funds for this management plan were provided by the Department of Environmental Regulation, Office of Coastal Management using funds made available through the National Oceanic and Atmospheric Administration under the- Coastal Zone Management Act of 1972, as amended. This document was printed ust recycled paper. TABLE OF CONTENTS CHAPTERI INTRODUCTION 1 CHAPTER 11 MANAGEMENT AUTHORITY A. Statutory Authority 9 B. Administrative Rules 10 C. Other Applicable Plans & Programs 13 CHAPTER III DESCRIPTION OF AQUATIC PRESERVE A. Location and Boundary 15 B. Physiography 16 C. Geology 19 D. Hydrology 19 E. Water Quality 19 F. Archeological and Historical Resources 20 G. Vegetative Communities 21 H. Aquatic Fauna and Fisheries Resources 25 1. Upland Fauna and Wildlife Resources 27 J. Species Designated Rare, Threatened, Endangered, or of Special Concern 27 K. Regional Land Use and Associated Impacts 30 CHAPTERIV MANAGEMENT AREAS A. Introduction 31 B. Management Area Classifications 32 C. Minimum Criteria for Allowable Uses 34 D. Management Areas 37 CHAPTER V SITE-SPECIFIC MANAGEMENT ISSUES AND NEEDS A. Management Issues & Special Needs 43 B. Management Initiatives 44 CHAPTER VI MANAGEMENT ACTION PLAN 45 A. Resource Management and Inventory 48 B. Resource Protection 50 C. Research and Coordination 52 D. Research and Environmental Education 53 E. Recreation 55 CHAPTER VII MANAGEMENT COORDINATION NETWORK A. Federal Agencies 57 B. State Agencies 58 C, Regional Agencies 60 D. Local Agencies 61 CHAPTER Vill STAFFING AND FISCAL NEEDS 67 CHAPTERIX RESOURCES AND ACTIVITY MONITORING PROGRAM A. Resource Monitoring 69 B. Progress Monitoring 69 REFERENCES 71 LIST OF FIGURES AND TABLES Figure 1. Aquatic Preserves in Florida 5 Figure 2. Oklawaha River Aquatic Preserve Boundary 7 Figure 3. Silver River State Park Greenline Area 17 Figure 4. Oklawaha River Aquatic Preserve Vegetation Map 23 Figure S. Aquatic Preserve Management Area 39 Figure 6. Marion County Proposed Future Land Use Map 41 Table 1. Some Invertebrate Classes and Orders of the Oklawaha 26 Table 2. Fish Families of the Oklawaha System 26 Table 3. Rare, Threatened, and Endangered Plant Species 28 Table 4. Rare, Threatened, and Endangered Animal Species 29 Table 5. Management Coordination Network Matrix 62-63 Table 6. Marion County Ordinances 65 LIST OF APPENDICES Appendix A. Lists of Plant and Animal Species 75 Appendix B. Administrative Codes 87 Copies of the legal description of the Oklawaha River Aquatic Preserve, as well as copies of Chapter 253 and 258, F.S., and Chapter 18-21, F.A.C., may be obtained from: Bureau of Submerged Lands and Preserves Department of Natural Resources 3900 Commonwealth Boulevard Mail Station 125 Tallahassee, Florida 32399-3000 CHAPTERI INTRODUCTION The Oklawaha River Aquatic Preserve is located in Marion County. The preserve was designated by legislative action on October 1, 1989. The Oklawaha River Aquatic Preserve encompasses approximately 20 miles of the middle reach of the Oklawaha River and the entire Silver River. The Oklawaha River Aquatic Preserve is approximately 4600 acres in size. The Silver River was designated an Outstanding Florida Water (OFW) in 1987, and the Oklawaha River reach within the Aquatic Preserve was designated an OFW in October 1989. Figure 1 indicates the location of all aquatic preserves in Florida and Figure 2 indicates the location and approximate boundary of the Oklawaha River Aquatic Preserve boundaries. The Oklawaha River is one of the principal rivers of Florida, and it is the largest tributary of the St. Johns River. The Oklawaha River itself is located almost entirely within Marion County with its headwaters located in the Oklawaha Chain of Lakes in Lake County, which includes Lake Apopka, Lake Harris, Lake Eustis, Lake Dora, Lake Yale, and Lake Griffin. The Palatlakaha River contributes flow into the Oklawaha Basin and is also considered a headwater area. From Lake Griffin, the Oklawaha River flows northward approximately 70 miles to its confluence with the St.- Johns River near Welaka. After leaving Lake Griffin, the Oklawaha River receives water from several creeks and springs along its path. The largest tributary of the Oklawaha River is the Silver River. During periods of low rainfall the Oklawaha River below the Silver River receives much of its flow from the Silver River. Silver Springs, the headsprings of the Silver River, has an average discharge of 550 million gallons per day and accounts for about 50 percent of the Oklawaha River's flow at the confluence of the Oklawaha and Silver rivers (USDA Forest Service, 1973). The Oklawaha River is an exceptional ecological and recreational resource. The Oklawaha River system, including the Silver River, is a very diverse and productive ecosystem. The ecological richness of the Oklawaha valley is due in part to the change in character of the river along its length. As the river flows from its headwaters in the Oklawaha chain of lakes to its confluence with the St. Johns River, changes in topography and hydrology create several distinct habitats within the river valley. Cutting through scrub, sandhills, and flatwoods, the Oklawaha River system serves as a vital connection between upland and aquatic nutrient cycles and temperate and subtropical wildlife communities. Blackwater rivers such as the Oklawaha, clear spring runs such as the Silver River, and the swamps that line their banks are important features of Florida's landscapes. The swamps are fed by nutrients washed in during highwater, and are shaped by the moving water that builds levees along the riverbanks and carves channels through them. Trees and understory plants support a large and varied food web. The mast and seeds that are produced in the forests along the river banks make them preferred habitat for many species of large mammals, and the rich variety of leaf types supports an insect population which attracts a wide array of migrating and resident birds. For these reasons the Oklawaha River valley has a much higher plant and animal diversity than do the surrounding uplands. The Oklawaha River reach within the aquatic preserve, along with the seven mile river segment downstream of Rodman Dam to the St. Johns River, represent the areas of the Oklawaha River valley least affected by the activities of man. Almost all of the Oklawaha River valley within the aquatic preserve is in public ownership .and is largely undeveloped. The Silver River State Park and the State of Florida Canal Authority lands account for most of the land surrounding the Silver River. The remaining lands in private ownership, including Silver Springs, along the Silver River are presently under consideration as a State of Florida Conservation and Recreation Lands (CARL) acquisition. With the exception of the developed attraction at the headwater springs, the length of the Silver River is undeveloped. Development and implementation of a management plan for the Oklawaha River Aquatic Preserve will help insure the protection, proper management, and continued value of this area as an ecological and recreational resource. This management plan examines the resource contained within the designated preserve boundaries .and suggests management issues and needs to further proper management and stewardship of this resource. As additional information concerning this resource becomes known, and as regulations affecting this preserve are implemented or revised, this plan will require revision to reflect those changes. As with any management plan, monitoring of plan implementation will be necessary to determine if the plan is adequately addressing the management issues and concerns. C This management plan will be incorporated into the existing aquatic preserve rule - Chapter 18-20 Florida Administrative Code - following its approval by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. The Board of Trustees of the Internal Improvement Trust Fund has been legislatively delegated statutory authority to exercise proprietary control over state- owned lands. Upon incorporation into rule, this management plan will have the same authority as current rule criteria. This plan is divided into the following sections by management application: Chapter 11 - cites the specific statutory authority upon which the resource management program for aquatic preserves in based; Chapter III - description of the physical and biological components, and resource values of the Oklawaha River Aquatic Preserve. This 2 section contains an overview of the land use of the associated uplands of the preserve and the associated impacts of these uses; Chapter IV - delineation of the management areas within the preserve; Chapter V - determination of the site specific management issues and needs; Chapter VI - outline of the goals and objectives of the management plan and the tasks necessary. to implement the plan; Chapter Vil - identification of the federal, state, regional, and local agencies that have regulatory authority relating to the preserve and their relationship to the management and protection of the preserve. This chapter also identifies the special interest groups, organizations, and individuals that have no regulatory authority over the preserve, but that do have an interest in the preserve; Chapter Vill - estimation of the staffing and fiscal needs to implement the management plan and provide effective management of the plan; Chapter IX - suggested monitoring program to record and report changes within the preserve, and establishes a system for determining the effectiveness of the plan. 3 T- CT j.110 AQUATIC PRESERVES J@ Del .4' Q.. won- AOUATIC PRESERVES ARE ESTABLISHED By THE FLORIDA LEGISLATURE AND INCLUDE ONLY STATE OWNED SOVEREIGNTY SUBMERGED LANDS. THE GOVERNOR AND CABINET SITTING AS TRUSTEES OF THE INTERNAL o IMPROVEMENT'TRUST FUND ARE MANAGERS OF THESE AREAS. FO ORE INFORMATIO REGARDING RAGMUATIC PRESERVES" CONTACT: DEPARTMENT OF NATURAL RESOURCES DIVISION OF STATE LANDS BUREAU OF AQUATIC PRESERVES 3900 COMMOMW ALTH BLVD TALLAMASSER.FL:RIDA 32303 t, C, C.IAT" w C.Aft it FIGURE I Aquatic Preserves in Florida 5 17 to 11- . - 'Z ; - I am@._ -. ,I -_ -_ - - - , 11 - - -I ;I . We ligg 'NUT "0" FORT: = - . 16 McCoy - 316 ............. 1@9 m . . ...... Z-.;- - McQuaf F1 16ccey M. 16 6 i.Z 13 17 14 14 1 G .......... ... ...... "c car 24 z 22 -20 OKLAWAHA RIVER 23 _7_ 23 T AQUATIC PRESERVE 26 25 @30- 26 4jr- 29 28 _Z@- 1 =7.2 0 34 36 31 Xi. 33 35 A 0 1 2 W . ...... =old 1 -2 MILES ad Mud Lake LOG- z ef 1.L: Z= L a-- .. .. 4@[email protected] - LOG. 'N 12 z ormtrut -7 11 IT 1071, 11 Lii 7 -7- !see 8 Is 13 17 NS(T Fork! 14 Lake 16 ... Cedar Stroud 71 'A',,.* C'"k LOG Q) . . :-M.- __7 LOG- Cn 19- 20 21 7 i =. 20 21 23 ie SEE 'NSETIG" 25 5 =27 26 -== 30 26 29 . Co.. -1 Cannot Latta:". Brucowill* Lacote TwMer P. 35 -Z.. -AW Lake... 31 32 4 Lou. :_r3l Charles 33 34 s(* -:357 -Lou.- IL F S . ....... .. SPRIN 4 ....... T 40 3 2 2 4@_ ;I Silver 7 -7 Wks sp-gs Old OAf iz 00 Rftdu-atrr-..-. 7 C 7 SE Em 10 & 12 r 2 Z%m N31 aid a Mar@ 7. nne X -1 - Waldeng -6-r."m Lak 14 U ew ;" t 14 3 IJJ -..:I S_- =. ...: 13 0 A . . ....... . ... mL. .. ....... S It C-L) 20 24 Ul) 19 22 21 22 iWar Sorings Sh *a t. po 3.3000 ... R.A.U.0 75, 30 29 28 27 29Z.- 28 26 Little J. Lake rya rif 71@jf 32=. . =.Z.A P3 _-a:t 31F-= 31 L11 35 31 33 B!7 C) TOA a 3 d CI'S L 4 A FIGURE 2 Oklawaha River Aquatic Preserve Boundary 7 CHAPTER 11 MANAGEMENT AUTHORITY A. Statutory Authority The fundamental laws providing management authority for the Oklawaha River Aquatic Preserve are contained in Chapters 258 and 253, Florida Statutes (F.S.). These statutes establish the proprietary role of the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, as Trustees over all sovereign submerged lands. In addition, these statutes empower the Trustees to adopt and enforce rules and regulations for managing all sovereign submerged lands, including aquatic preserves. In particular, Sections 258.35-258.46, F.S., enacted in 1975 by the Florida Legislature, represent the Florida Aquatic Preserve Act. These statutes set forth a standardized set of management criteria for all designated aquatic preserves, and represent the primary laws governing use of sovereign submerged lands within aquatic preserves. The Legislative intent for establishing aquatic preserves is stated in Section 258.36, F.S.: "it is the intent of the Legislature that the state-owned submerged lands in areas which have exceptional biological, aesthetic, and scientific value, as hereinafter described, be set aside forever as aquatic preserves or sanctuaries for the benefit of future generations." This statement along with the other applicable laws clearly mark the direction for management of aquatic preserves. Management will emphasize the maintenance of essentially natural conditions, and will include only sovereign or state-owned submerged lands and lands leased by the State and specifically authorized for inclusion as part of a preserve. Management responsibilities for aquatic preserves may be fulfilled directly by the Board of Trustees or by staff of the Division of State Lands of the Department of Natural Resources through delegation of authority. Other governmental bodies may also participate in the management of aquatic preserves under appropriate instruments of authority issued by the Board of Trustees. The Division staff serve as the primary managers who implement provisions of the management plans and rules applicable to the aquatic preserves. Staff evaluate proposed uses or activities in the preserve, and assess the possible impacts on the natural resources. Project reviews are primarily evaluated in accordance with the criteria in Sections 258.35- 46, F.S. (Florida Aquatic Preserves Act), Chapter 18-20, Florida Administrative Code (Rules of Florida Aquatic Preserves), and in accordance with the policies set forth in this plan. 9 Staff comments on proposed uses are submitted for consideration in developing recommendations to be presented to the Board of Trustees. This mechanism provides a basis for the Board of Trustees to evaluate public interest and the merits of any project while also considering potential environmental impacts upon the aquatic preserves. Any activity located on sovereign submerged lands will require a consent of use, a lease or easement, or other approval from the Board of Trustees. Consent of use may be granted on small projects from the Division of State Lands in accordance with the authority delegated by the Board. Backgrouno The laws supporting aquatic preserve management are the direct result of the public's awareness of and interest in protecting Florida's aquatic environment. The rampant dredge and fill Activities that occurred in the late 1960's spawned this widespread public concern. In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws of Florida), which established procedures regulating previously unrestricted dredge and fill activities on state-owned submerged lands. That same year, the legislature provided the statutory authority (Section 253.03, F.S.) for the Board of Trustees to exercise proprietary control over state-owned lands. Also, in 1967, government focus on protecting Florida's productive water bodies from degradation due to development led the Board of Trustees to establish a moratorium on the sale of submerged lands to private interests. That same year, an Interagency Advisory Committee (IAC) was created to develop strategies for the protection and management of state-owned submerged lands. In 1968, the Florida Constitution was revised to declare in Article 11, Section 7, the state's policy of conserving and protecting natural resources and areas of scenic beauty. That constitutional provision also established the authority for the legislature to enact measures for the abatement of air and water pollution. Later that same year, the IAC issued a report recommending the establishment of twenty- six aquatic preserves. On October 21, 1969, the Governor and Cabinet acted upon the recommendations of the IAC and adopted, by resolution, eighteen of the water bodies as aquatic preserves. Other preserves were individually adopted at subsequent times up through 1989. The Oklawaha River Aquatic Preserve was officially designated on October 1, 1989. B. Administrative Rules Governing Aquatic Preserves Chapters 18-20 and 18-21, Florida Administrative Code (F.A.C.), are the two administrative rules directly applicable to the uses allowed in aquatic preserves specifically, and submerged lands in general. The general rules in Chapter 18-20, 10 F.A.C., are supplemental to the rules in Chapter 18-21, F.A.C, in the regulation of activities in aquatic preserves. 1. CHAPTER 18-20, F.A.C. Chapter 18-20, F.A.C., specifically addresses aquatic preserves and derives its authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent of this rule is contained in Section 18-20.001, F.A.C., which states: "(1) All sovereignty lands within a preserve shall be managed primarily for the maintenance of essentially natural conditions, the propagation of fish and wildlife, and public recreation including hunting and fishing where deemed appropriate by the board and the managing agency. (2) The aquatic preserves which are described in Chapter 73-534, Laws of Florida, Sections 258.39, 258.391, 258.392, and 258.393, Florida Statutes, future aquatic preserves established pursuant to general or special acts of the legislature, and in Rule 18-20.002, Florida Administrative Code, were established for the purpose of being preserved in essentially natural or existing condition so that their aesthetic, biological and scientific values may endure for the enjoyment of future generations. (3) The preserves shall be administered and managed in accordance with the following goals: (a) to preserve, protect, and enhance these exceptional areas of sovereignty submerged lands by reasonable regulation of human activity within the preserves through the development and implementation of a comprehensive management program; (b) to protect and enhance the waters of the preserves so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating, and fishing; (c) to coordinate with federal, state, and local agencies to aid in carrying out the intent of the Legislature in creating the preserves; (d) to use applicable federal, state, and local management programs, which are compatible with the intent and provisions of the act and these rules, and to assist in managing the preserves; (e) to encourage the protection, enhancement, or restoration of the biological, aesthetic, or scientific values of the preserves, including but not limited to the modification of existing man- made conditions towards their natural condition, and discourage activities which would degrade the aesthetic, biological, or scientific values, or the quality, or utility of a preserve, when reviewing applications, or when developing and implementing management plans for the preserves; (f) to preserve, promote, and utilize indigenous life forms and habitats,. including but not limited to: sponges, soft coral, hard corals, submerged grasses, mangroves, saltwater marshes, freshwater marshes, mud flats, estuarine, aquatic and marine reptiles, game and non-game fish species, estuarine, aquatic, and marine invertebrates, estuarine, aquatic, and marine mammals, birds, shellfish and mollusks; (g) to acquire additional title interests in lands wherever such acquisitions would serve to protect or enhance the biological, aesthetic, or scientific values of the preserve; (h) to maintain those beneficial hydrologic and biologic functions, the benefits of which accrue to the public at large." 2. CHAPTER 18-21, F.A.C. Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged lands in general and is predicated on the provisions of Sections 253.03, and 253.12, F.S. The stated intent of this administrative rule is: "(1) to aid in fulfilling the trust and fiduciary responsibilities of the Board of Trustees of the Internal Improvement Trust Fund for the administration, management, and disposition of sovereignty lands; (2) to insure maximum benefit and use of sovereignty lands for all citizens of Florida; (3) to manage, protect, and enhance sovereignty lands so that the public may continue to enjoy traditional uses including, but not limited to, navigation, fishing and swimming; (4) to manage and provide maximum protection for all sovereignty lands, especially those important to public drinking water supply, shellfish harvesting, public recreation, and fish and wildlife propagation and management; 12 (5) to insure that all public and private activities on sovereignty lands which generate revenues or exclude traditional public uses provide just compensation for such privileges; (6) to aid in the implementation of the State Lands Management Plan." C. Relationship to Other Applicable Plans and Programs The State Comprehensive Plan, established by Chapter 187, F.S., provides long- range policy guidance for the orderly social, economic and physical growth of the State. As such, the State Comprehensive Plan provides direction for the management of the physical resources within the state. The goals, objectives and policies set forth in this aquatic preserve management plan are designed to be consistent with those in the State Comprehensive Plan that pertain to the water resources, coastal and marine resources and natural systems. The Conceptual State Lands Management Plan, adopted on March 17, 1981, and amended by the Board of Trustees on July 7, 1981 and March 15, 1983, contains specific policies concerning spoil islands, submerged land leases, "Outstanding Native Florida Landscapes," unique natural features, seagrass beds, archaeological and historical resources, and endangered species. These policies provide some of the fundamental direction for formulating management plans and policies of the Aquatic Preserves Program. The Local Government Comprehensive Plan (LGCP) for Marion County is required by the -Local Government Comprehensive Planning and Land Development Regulation Act to have a comprehensive growth management plan with elements relating to different governmental functions (e.g., housing, physical facilities, conservation, land use, coastal zone protection, etc.) Each plan, in effect, is intended to guide the future development of each respective county. Cities and counties are to adopt land development regulations and conform to the criteria, policies, and practices of their comprehensive plans, which must be updated periodically as required by recent statutory amendments. The intent of the Aquatic Preserve Program is to guide county governments during their planning process towards developing local planning criteria and standards that will be consistent with the objectives of the program. Marion county's LGCP has been adopted and submitted to the State of Florida Department of Community Affairs for compliance review. The land development regulations designed to implement Marion County's Comprehensive Plan are to be adopted by May 1, 1992. As stated in the Introduction, the Silver River and the portion of the Oklawaha River within the aquatic preserve have been designated Outstanding Florida Waters (OFW). An OFW` designation provides a waterbody with the highest degree of 13 water quality protection under F9orida Department of Environmental Regulation rules. In general, any regulated activity that would the degrade ambient water quality in an OFW will not be permitted. The St. Johns River Water Management District has developed The U12per Oklawaha River Basin SWIM plan to address efforts to restore, enhance, and protect the headwaters and upper reaches of the Oklawaha River. The Upper Oklawaha River Basin SWIM area overlaps the Oklawaha River Aquatic Preserve form the southern boundary of the preserve to State Road 40. One of the objectives of the UORB SWIM plan is to improve the water quality in the Oklawaha basin. 14 CHAPTER III DESCRIPTION OF THE AOUATIC PRESERVE A. Location and Boundary The Oklawaha River Aquatic Preserve is located in Marion County, Florida. It extends approximately 20 miles along the middle reach of the Oklawaha River and the Silver River from its confluence with the Oklawaha upstream approximately three miles (Figure 2, page 7). The specific boundary of the Oklawaha River Aquatic Preserve is as follows: The Oklawaha River Aquatic Preserve shall consist of those state-owned sovereignty submerged lands lying below the ordinary high water line of said land, located in Marion County. The preserve is more specifically described as: Begin at the intersection of the southerly right-of-way of county road 316 and the westerly ordinary high water line of the Oklawaha River, located in Section 9, Township 13 South, Range 24 East. Thence from said point of beginning proceed southerly along the ordinary high water line of the Oklawaha River and its tributaries to its intersection with the eastern line of Section 36, Township 15 South, Range 23 East. Thence proceed northerly along said Section Line to its intersection with the easterly ordinary high water line of the Oklawaha River. Thence proceed northerly along said ordinary high water line to its intersection with the southerly right-of-way of county road 316. Thence proceed west along said road to the point of beginning; including Eaton Creek upstream to the northern line of Section 3, Township 14 South, Range 24 East, Daisy Creek upstream to county road 315, Silver River upstream to the western line of Section 5, Township 15 South, Range 23 East. Less and except Dead River and Orange Drain. The Oklawaha River Aquatic Preserve encompasses approximately 4600 acres. The majority of the land immediately adjacent to the state sovereign lands within the aquatic. preserve is in public ownership. The State of Florida Canal Authority land encompasses most of the land on both the east and west side of the preserve between the ordinary high water line and the take line for the Cross Florida Barge Canal Project which is now deauthorized. The Canal lands are now part of the Cross Florida Greenbelt State Recreation and Conservation Area. The Ocala National Forest lies along the entire eastern boundary of the aquatic preserve landward of the Conservation and Recreation Area. There are numerous inholdings of private ownership between the Canal lands and the Ocala National Forest. The land on either side of the Silver River is within the Silver River State Park for the entire length of the Silver River within the aquatic preserve. 15 Much of the Oklawaha River Aquatic Preserve is within the Department of Natural Resources (DNR) Greenline Area surrounding the Silver River State Park. Figure 3 illustrates the Greenline Area that has been developed for the Silver River State Park. B. Physiography The Oklawaha River Valley follows a well defined course with a wide floodplain. The stream bed of the Oklawaha is strongly influenced by a well-developed series of joints in the underlying rock. The Oklawaha is an old river, and has carved out a mile-wide floodplain through which it twists and turns. Sediments of the Oklawaha River floodplain are largely non-clastic in nature. The floodplain is largely composed of organic sediments such as peats and mucks. The Silver River also exhibits a wide, well-defined floodplain largely composed of organic mucks and peats. The Silver River stream bed contains numerous limestone outcroppings and springs near its headwater springs and along its length. The physiographic divisions of the Oklawaha River Valley were described and summarized in Environmental. lmgact of the Cross Florida Barge Canal with Sgecial Emghasis on the Oklawaha River Ecosystem produced by the Florida Defenders of the Environment, 1970. This summary describes the unique physiographic feature of the Oklawaha River valley which is the freshwater marl that makes up the major portion of the floodplain. The Oklawaha drainage basin is approximately 2800 square miles and covers parts of Alachua, Lake, Marion, Putnam, and Orange counties (USDA Forest Service, 1973). The headwaters of the Oklawaha come from surface water from the overflow of several lakes located in the Oklawaha Chain of Lakes in Lake County, which includes Lake Apopka, Lake Harris, Lake Eustis, Lake Dora, Lake Yale, and Lake Griffin. The Palatlakaha River Basin in Lake and Polk Counties is a tributary to the Oklawaha Chain of Lakes. From Lake Griffin, the Oklawaha River flows northward approximately 70 miles to its confluence with the St. Johns River near Welaka. The Florida Natural Areas Inventory describes blackwater streams such as the Oklawaha and spring run streams such as the Silver River as follows: Blackwater Stream - a perennial or seasonal watercourse characterized by tea- colored water with high particulate and dissolved organic matter content. Generally lacking an alluvial floodplain. Spring-run Stream - a perennial watercourse with deep aquifer headwaters; characterized by clear water, approximately neutral pH and frequently a solid limestone bottom. 16 0 2 ARIIUwb U1111htiltu I u-s-si WATERWAYS/WETLANDS OF CONCERN F IDA 4@ NORTH ce4arCre-k a Z41. cn 0 IN Y x c- cm!) 3r. ii@y 7-- J k. 81 Irv ...... .... c. A' cl) . . . . ....... L U,@@, .2- OJT 5T-) '"o 0 0 .0 0, S7 J Z. PARK LAND c/1 T 'so, SILVER RIVER STATE PARK 6@ e -e GREENLINE AREA @ j ok OF CONCERN MARION COUNTY Lake Weir wid, 17 FIGURE 3 Silver River State Park A-- 11 Z@ 4@@ 18 C. Geology Ocala Limestone underlies all of the Oklawaha Basin area. In some places it is covered by clayey deposits that impede the downward movement of water. In other areas it is overlain by sands and gravels or a combination of materials. The top of the underlying limestone is highly irregular due to karst dissolution. In some places it is overlain by 100 feet or more of various clastic sediments. In other places it outcrops as it does along the east bank of the Oklawaha River. D. Hydrology The Oklawaha River is the largest tributary of the St. Johns River and the Silver River is the- largest tributary of the Oklawaha.. After leaving Lake Griffin, the Oklawaha River receives water from several creeks and springs along its path. River flow is seasonal and varies with rainfall, particularly upstream from the Silver River. The flow in the upper Oklawaha River is partly regulated by water control structures in the upper Oklawaha River and the Oklawaha Chain of Lakes. The major factors influencing the hydrology of the Oklawaha River Valley are the relatively high annual rainfall and the permeable karst limestone terrain. The entire region is underlain by the Floridan aquifer system. Large quantities of groundwater are freely discharged from the aquifer. It is estimated that over half of the flow of the Oklawaha- comes from this limestone aquifer (USDA Forest Service, 1973). The Oklawaha receives a large inflow from the Floridan aquifer system through Silver Springs and the Silver River. The average daily discharge of Silver Springs is approximately 550 million gallons per day. Some 20 additional springs of various sizes have been located in the Oklawaha Valley between Silver Run and Rodman Reservoir, and several of these springs are within the aquatic preserve boundaries. Twenty miles north of Silver Run, the Oklawaha is joined by the small tributary of Orange Creek which, in turn, flows out of Orange Lake and Lochloosa Lake. E. Water Ouality The water of the Oklawaha River is highly enriched with nutrients and darkly stained by tannins and organic substances. The tannins and organic substances are washed from the river's floodplains. The river's high nutrient concentrations come from the eutrophic lakes in its upper basin and from the naturally occurring nutrient inputs from the Silver River and the associated floodplains of both rivers. The Silver River is a spring-fed river and exhibits very good water quality and clarity. The overall water quality of the Oklawaha River and Silver River has been found to be good and to meet its designated uses (Florida Department of Environmental Regulation, 1990 Florida Water Quality Assessment 305(b) Technical AQpendix). 19 The Oklawaha River and the Silver River have been designated Class III Waters. Class III Water designation is for recreation and the propagation and maintenance of a healthy, well balanced population of fish and wildlife. The 305(b) Technical Aggendix states that the Oklawaha Basin has the distinction of having some of the most pristine lake and river reaches within the State of Florida as well as some of the most polluted. Lake Apopka has the worst pollution problem in the southern half of the Oklawaha Basin. . The 305(b) Technical Aggendix lists the Silver River as one of three water bodies having the best water quality within the entire Oklawaha River Basin. Water quality for the Oklawaha River reaches within the aquatic preserve boundaries ranged from fair to good for the reaches listed in the 305(b) Technical Aggendix. Steps are being taken- to improve water quality in the upper Oklawaha Basin and the upper reaches. of the Oklawaha River. Lake County has implemented sewage effluent control policies and is monitoring the water quality of the Oklawaha Chain of Lakes. Many of the point sources of pollution in the Oklawaha Chain of Lakes have either been eliminated or improved. Feasibility studies for the restoration of Lake Apopka are being conducted by the St. Johns River Water Management District. The District has acquired and converted several thousand acres of agricultural land adjacent to Lake Apopka to a flow-through marsh area. By allowing lake water to circulate through this marsh area, the nutrients will be reduced and water clarity improved as suspended materials settle out of the water into marsh. Assimilation of nutrients by aquatic plants may also contribute to the improved water quality but is not expected to be the primary mechanism. The District has also acquired two large agricultural areas along the upper reaches of the Oklawaha River upstream from the southern boundary of the preserve. District control of these areas will lessen the effects of stormwater and agricultural runoff into the Oklawaha River system. However, high Biochemical Oxygen Demand (BOD) levels and high nutrient loading still occur in the headwater lakes of the Oklawaha River due to agricultural activities on the large muck farms adjacent to the lakes. AN of these actions will have effects upon the downstream water quality within the Oklawaha system. F. Archaeological and Historical Resource The Oklawaha River has long been used by man as a travel corridor and for fishing, hunting, and foraging. Human habitation of the Oklawaha River Basin dates back to 1500 B.C. when Indians established camps along the river. The name "Oklawaha" comes from the Indian word "Okli-Waha" which means "great river" (Bigelow, 1970). There are shell mounds and middens along the Oklawaha and Silver Rivers. Some of these sites have been excavated and surveyed as to their archaeological significance. Many of the sites have been vandalized by "pot hunters". 20 In more recent history, the river was used by Confederate forces during the Civil War to transport supplies, in order to avoid Union blockades on the lower St. Johns River. Hubbard Hart, who began a steamboat business in 1860 as a means of transporting supplies on the river, figured prominently in blockade-running during the Civil War. The steamers traveled down the St. Johns from Lake Harney to Welaka and up the Oklawaha River to the Seminole War post of Fort Brook, which was near the confluence of Orange Creek and the Oklawaha River. On their return trip to Lake Harney, the steamers carried cotton produced on southern plantations, which was the major export product of the south. After the Civil War, Hart continued to open the Oklawaha region to colonization and agricultural development by carrying goods, supplies, travelers, and tourists to the Oklawaha, Silver Springs, and the lake country of the Oklawaha's headwaters, and by transporting agricultural products, such as citrus, from the Oklawaha region to Palatka. The last season the Hart Line ran Oklawaha River trips was 1919. The Clyde Steamship Company and the Silver Spring Company continued to run steamboat trips on the Oklawaha and Silver rivers until the 1920s (Mitchell, 1947). G. Vegetative Communities For the purposes of this management plan, the vegetative communities found within and adjacent to the Oklawaha River Aquatic Preserve have been divided into the following broad categories; aquatic plant communities, wetland plant communities, and upland plant communities. Within the Oklawaha River valley system, these three broad categories contain the plant species that are part of the natural community continuum from hydric to xeric conditions. Figure 4 is a general vegetation map indicating the approximate extent of the dominant plant community - the wetland/floodplain forest mixed-swamp community - within the boundaries of the Oklawaha River Aquatic Preserve. The following is a brief description of the aquatic, wetland, and upland plant communities found in, immediately adjacent to, and associated with the Oklawaha River Aquatic Preserve. Aguatic Plant Communities. A diversity of aquatic plant species and wetland communities are found in the Oklawaha and Silver River systems within the aquatic preserve boundary. The aquatic species vary with water level fluctuation, water quality, flow velocity, and available sunlight. In shaded areas of the Oklawaha River, submerged vascular plants are almost absent; blue green, green algae, flagellated algae, and diatoms are the most common plant species. Floating vegetation, submerged plants, emergent plants, and marsh-type plants are found along the river's banks and in shallow areas where water flow is less than in the main river channel (Lugo and Carr, 1970). The most common emergent aquatic plant is spatterdock, Nupha sp., which forms extensive beds which are important 21 habitat for fish and other wildlife. Wild rice, Zizania aguatica, an important wildlife food source, is found along the river's banks. The water in the Silver River is of sufficient clarity to allow the growth and development of large beds of submerged vegetation such as eelgrass, Valisneria americana. These beds of submerged vegetation provide habitat for numerous aquatic animal species. Wetland Plant Communities. Within the aquatic preserve boundary, the wetland plant communities along the Oklawaha River consist of a mixture of hardwood swamp and cypress swamp. This mixed-swamp community of the river floodplain forest is composed mostly of deciduous hardwoods dominated by ash species and is the dominant community within the Oklawaha River valley. The Florida Natural Areas Inventory describes the two plant community categories that form the floodplain forest as follows: Hardwood Swamp- this category contains communities such as floodplain forests, floodplain swamps, and hardwood swamps. The vegetation in this category is characterized by sweet bay, Magnolia virginiana, black gum, Nyssa sylvatica, pop ash, Fraxinus caroliniana, red maple, Acer rubrum, and cypress, Taxodium distichum. Soils are floodplain types and are frequently inundated. Cypress Swamp- these are regularly inundated wetlands that form borders along rivers, creeks, and lakes, or occur as isolated wetlands. The dominant vegetation is bald and pond cypress, Taxodium distichum var. distichum and var. nutans sometimes with an understory of lyonia, Lyonia lucida, buttonbush Cephalanthus occidentalis, and assorted ferns. Appendix A-1 is a more extensive listing of the aquatic and wetland plant species found within the Oklawaha River Aquatic Preserve. Upland Plant Communities. The upland vegetation along the Oklawaha River is one of the striking features of the Oklawaha River system. Many of the plant species found surrounding the Oklawaha River are characteristic of the area. Several species reach their southern range limit here such as white ash, Fraxinus americana; hop-hornbeam, Ost!ya virainiana; box elder, -Acer ne-aundo; red buckeye, Aesculus pgMig; and swamp chestnut oak, Quercus michauxii. Other species such as cedar elm, Ulmus crassifolia; pumpkin ash, Fraxinus grofunda; and blue stem palmetto, Sabal minor; reach their maximum development in terms of abundance and size within Florida in the Oklawaha River system. The upland vegetation within the Oklawaha River system can be divided into three basic categories; hydric, mesic, and xeric hammocks. The hydric hammock community, which is found along the upland edge of the floodplain, is dominated by hardwoods with a canopy consisting of sweetgum, Liquidambar 5nraciflua, 22 7 FORT 316 MCC Y 316 ............. ........ .... Ft C Z. at 16 14 74 rr- =17 14 :17 -15 ......... .... .......... OKLAWAHA RIVER C Co, 23' 23 19 Z-1 AQUATIC PRESERVE 7 27 26 25 26 30= 2, 28 31 1 35 Mixed-Swamp Community 0 1 2 4@ OWW 14ead MILES n@ Mud -Lake all. a G 10 12 J,,ej I P9 ar,amo;, 7 Prame I 14, -7- UP 17 i.sr? r 8 16 13 a 1-1 iA i5 Fore L Cedar -16 Laxe ;.A__ Stroud fo,r La Lan R@ ... Iron A, Crook do Z. is- 22 J@.=_ Luke 20 21 aton 31S 0 29 28 27 26 25 .7- 30 29 --=27 z 26 Lq1ddjM# Lacota awcorrill" TLarAeF ......... .. 36 31 32-//, 31 -r - :..:,31 33 34 See _'3 I E ........ . LV R SPRINGS 40 3 5 @!7 -7 2 3 iduer pnngs ar. tj Owaah. &,Ooq-.,Z Old 9 R 7 12 Cam. 11 'L.. "',' L:- 12 35 7 UP F.@sf _@: 1E 11 - ImSlT aid a 7 rq@: WaIdona Ln 13 urch La ::3 is InFFI-60 Is 3 77-* L (n Ferry C:w) 121 22 3 2 21 22 2 @;@-!_Silv*f Springs Shores R.A.I.I.D. at, Poo. 3joo b- 30 Z3 Z_ 30 27 25 22- 28 Lake J Vant n@ P3 34 33 32= 35 31 32 5 31 B.r F T 2 But- -M Electra 4 an 0 FIGURE 4 Oklawaha River Aquatic Preserve 23 Vegetation Map r 24 cabbage palm, Sabal palmetto, red maple, Acer rubrum, laurel oak, Quercus laurifolia, and water oak, Quercus DW. Ti@e-mesic hammock occurs farther upland from the hydric hammock community and is dominated by pignut hickory, Carya glabra, water oak, laurel oak, live oak, Quercus virainiana, sweetgum, and cabbage palm. The next plant community is the xeric hammock community, which occurs the furthest upland in the hydric, mesic, xeric hammock continuum. The xeric hammock community is dominated by evergreen oaks and is the driest of the three hammock communities. Within the aquatic preserve boundary are bluffs arising from the Oklawaha River where the progression from one hammock community to the next can be seen over a very short distance as elevation increases. A loblolly pine hammock community is found adjacent to the mesic hammock community and the river floodplain communities from Gores Landing southward along the Oklawaha River. Loblolly pine, Pinus taeda, is the dominant species in this community and hardwood species of the hydric and mesic hammock type are also found here. - The loblolly pine hammock is found on flat terrain with poorly drained, clay soils and is unique to this area of Florida. Appendices A-2, A-3, A-4, A-5, and A-6 list additional plant species found in these communities. H. -Aquatic Fauna and Fisheries Resource The Oklawaha River supports a large and diverse population of aquatic invertebrates which are important links in the system's food chain. Invertebrates are consumed by small carnivorous fish which, in turn, are consumed by larger game fish. The invertebrates are also consumed by game fish. Between 100 and 125 species of aquatic insects are known to occur in the river system (Reid 1970). Two aquatic invertebrates, Campoloma floridensis, a live-bearing snail and Procambarus geod)des, a crayfish, are endemic to the St. Johns River drainage system (USDA Forest Service, 1973). Table 1 is a list of some of the invertebrate classes and orders found in the Oklawaha River system. Approximately 110 species of fish have been found in the Oklawaha River drainage system as compared to 78 species in the Escambia River and 70 species in the Savannah River in Georgia. The species diversity of the Oklawaha River can be related to its variety of sediment types, which range from mucks to sands. These different bottom types support plant and invertebrate life forms which are preyed upon by herbivorous, carnivorous, and omnivorous fish species (Reid, 1970). Table 2 lists some of the families of fish found in the Oklawaha River system. One species of fish, the Brown Darter, is found only in the Oklawaha River and an area of the St. Johns River near Welaka (Florida Game and Fresh Water Fish Commission, 1976b). 25 Table 1. Some Invertebrate Classes and Orders of the Oklawaha Class Common Name Gastropoda Snails Pelecypoda Clams and Mussels Hirudinea Leeches Oligochaeta Aquatic Earthworms Nematoda Roundworms Turbellaria Flatworms Order Ephemeroptera Mayflies Diptera Mosquitoes, Flies Hemiptera True Bugs Odonata Dragonflies Lepidoptera Aquatic Caterpillars Coleoptera Beetles Tricoptera Caddis Flies Plecoptera Stoneflies Collembola Springtails Amphipoda Scuds Decapoda Crayfish and Shrimp Podocopa Seed Shrimp Eucopepoda Copepods Branchiura Fish Lice Cladocera Water Fleas Isopoda Sowbugs Sources: Reid (1970), Penak (1953), Pratt (1935). Table 2. Figh Families of the Oklawaha System Family Common Name Percidae Darters Goblidae Gobies Clupeidae Herring-like Fish Poecillidae Live-bearing Fish Cyprinidae True Minnows Amiidae Mudfish Lepisosteidae Garfish Centrarchidae Sunfish and Bass 26 Escocidae Pickerel Ictaluridae Catfish Anguillidae Eels Catostomidae Suckers Aphredoderidae Pirate Perches Sources: Florida Game and Fresh Water Fish Commission (1976b), and Reid (1970). 1. Upland Fauna and Wildlife Resources Vertebrates are the dominant animals in most ecosystems and serve as indicators of an ecosystem's diversity. The number of different vertebrate species in the Oklawaha River system indicates a rich ecosystem. More than 300 species of vertebrates, exclusive of fish species, inhabit the area surrounding the Oklawaha River (Layne, 1970). The diversity of animal species within the Oklawaha River system is due in part to the diverse habitat types found within a relatively small area surrounding the river system. The change from one plant community to the next occurs over a relatively short distance within the Oklawaha River Valley. This rapid change leads to substantial overlapping of the ranges of several different animal species. Several animal species, such as the rainbow snake, Farancia e!whrograma; the rough earth snake, Virginia striatula; and the spring peeper, Byla crucifer, reach their southern range limit in the Oklawaha River system. The floodplain forest along both the Silver River and the Oklawaha River is excellent habitat for the Florida black bear, Ursus americanus floridanus, a species listed as threatened by the Florida Game and Fresh water Fish Commission. It is also excellent habitat for the Florida panther, Felis concolorg@j, listed as endangered by the Florida Game and Fresh Water Fish Commission, should the panther be reintroduced to the area. More extensive lists of animal species found in the Oklawaha River system are in Appendices A-7 to A-10. J. Species Designated Rare, Threatened, Endangered, or of Special Concern There are several species of plants and animals native to the Oklawaha River system which are listed as rare, endangered, threatened, or of special concern. The status of each species was determined by federal and state agencies, and by conservation organizations. Tables 3 and 4 list some of the listed plant and animal species which are likely to inhabit the area within the Oklawaha River Aquatic Preserve boundary. 27 Table 3. Rare, Threatened, and Endangered Plant SRecies SCIENTIFIC NAME COMMON NAME STATUS HABITAT Adianturn cal2illus-veneris venus-hair S-T mixed swamp fern Illicium garviflorum star anise S-T,C-2 hydric hammock spring-run Litsea aestivalis pondspice S-T, C-2 hydric hammock cypress dome Parnassia arandifolia grass-of- parnassus S-E, S-2 mesic flatwoods cypress dome, river edge Psilotum nudurn whisk fern S-T mixed swamp Salix floridana Florida willow S-T, C-2 spring runs S-2, G-2 hydric hammock Sgigelia loganoides Florida pinkroot S-E hydric hammock Lobelia cardinalis cardinal flower S-T hydric hammock Status Exglanation: S = State of Florida listing; following number indicates the species status in Florida: an S-1 species is ranked as critically imperiled statewide due to extreme rarity, S-2 species are imperiled, S-3 species are very rare or found in restricted ranges throughout the state. G = Global ranking based upon species worldwide status; a G-1 species is critically imperiled due to rarity or extreme vulnerability to extinction, G-2 globally imperiled, G-3 very rare or found in restricted ranges. F = Federal listing, E = Endangered, T = Threatened, R = Rare C = Candidate for listing by U.S. Fish and Wildlife Service; number indicates category of species, Category 1 species have the highest likelihood of being listed as rare, threatened, or endangered. Sources: Florida Natural Areas Inventory, 1990. Florida Game and Fresh Water Fish Commission, 1990. Florida Game and Fresh Water Fish Commission, Cross 28 Table 4. Rare, Threatened, and Endangered Animal Species SCIENTIFIC NAME COMMONNAME STATUS Amphibians and Re2tilles Alliaator mississippiensis American Alligator S-SSC D!ymarchon corais coul2eri Eastern Indigo Snake S-T F-T Birds Aramus auarauna Limpkin S-SSC Egretta caerulea Little Blue Heron S-SSC Earetta. thula Snowy Egret S-SSC Egretta tricolor Louisiana Heron S-SSC Grus canadensis gratensis Florida Sandhill Crane S-T Haliaeetus leucoceghalus Bald Eagle S-T F-E Mycteria americana Wood Stork S-E F-E Mammals Sciurus nj= shermani Sherman's Fox Squirrel S-SSC Trichechus manatus latriostris West Indian manatee S-E Ursus americanus floridanus Florida Black Bear S-T Status Explanation: S'= State of Florida Ranking F = Federal Ranking SSC = Species of Special Concern R = Rare T = Threatened E = Endangered Source: Florida Game and Fresh Water Fish Commission (1990). 29 K. Regional Land Use and Associated Impacts Within the aquatic preserve boundaries, almost all of the land adjacent to the Oklawaha and Silver Rivers is in public ownership. The State of Florida Department of Natural Resources and the United States Department of Agriculture Forest Service are the controlling agencies for the lands in public ownership within the aquatic preserve. These agencies manage these lands for conservation, silviculture, and recreation. The U.S. Forest Service routinely harvests timber within the Ocala National Forest. However, no timber operations are conducted within the boundaries of the Oklawaha River Aquatic Preserve. Within the preserve boundaries there are limited privately owned inholdings used for silviculture, recreation, and low density residential use. These inholdings are primarily located along the Oklawaha River. The impacts upon the aquatic preserve from the adjacent land uses are at this time minimal. The land uses upstream from the aquatic preserve in the upper reaches of the Oklawaha River and in the Oklawaha Chain of Lakes have a much greater effect upon the preserve. The Silver Springs attraction located at the headwaters of the Silver River probably has a negative impact upon the water quality of the Silver River due to the large mammal enclosures that allow these animals direct access to the water. As previously stated, lowered water quality due to urbanization, agricultural activities, and other activities in the headwaters of the Oklawaha and Silver Rivers are areas of concern. 30 0 OCLC: 26478789 Rec stat: c Entered: 19920825 Replaced: 19950607 Used: 19950511 $Type: a Bib LvL: m Source: d Lang: eng Repr: Enc IvL: I Conf pub: 0 Ctry: flu Indx: 0 Mod rec: Govt pub: s Cont: b Desc: a Int LvL: Festschr: 0 ILLus: b F/B: 0 Dat tp: s Dates: 1992, % $ 1 040 FBA 'c FBA 'd FDA % $ 2 043 n-us-fL % $ 3 092 574.9759 '2 20 % $ 4 090 'b % $ 5 049 NO@M % $ 6 245 00 Oklahawa [i.e., OkLawaha] River aquatic preserve management plan :'b (cabinet ready draft) / 'c prepared by the Bureau of Submerged Lands and Preserves, Division of State Lands. % $ 7 260 [TaLLahassee] : 'b Dept. of Natural Resources, 'c [1992]. % $ 8 300 96 p. : 'b maps ; 'c 28 cm. % $ 9 500 "March 1992." % $ 10 504 Includes bibliographical references (p. 71-73). % $ 11 651 0 Oklawaha River (Fla.) % $ 12 650 0 Rivers 'z Florida. % $ 13 650 0 Aquatic resources 'z Florida 'z OkLawaha River. % $ 14 650 0 Marine parks and preserves 'z Florida 'z OkLawaha River 'x Management. % $ 15 710 1 Florida. 'b Bureau of Submerged Lands and Preserves. % $ 16 740 01 OkLawaha River Aquatic Preserve management plan. % CHAPTERIV MANAGEMENT AREAS A. Introduction This chapter describes management areas for the Oklawaha River Aquatic Preserve and delineates the general rule criteria apply for allowable uses (e.g., activities and structures) associated with each area. Each management area is classified by the value of natural and cultural resources (e.g., types, occurrence) on submerged lands adjacent to -the differing types of upland land use (e.g., residential, commercial). The purpose of this chapter is four-fold: (1) to provide a better understanding of the general rule criteria designed to preserve and protect resources and habitat, (2) to identify the types of allowable uses on state-owned submerged lands within a preserve, (3) to provide local planners with a guide for land use decisions, and (4) to provide both the staff of the Bureau of Submerged Lands and Preserves and other agencies a continuity of direction in the management of the preserve. As such, this intent will afford habitat protection while lending some measure of predictability for allowable public and private uses in the aquatic preserve. Prior to providing the criteria for specific resource management areas, it is important that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve Program be reiterated. Section 258.36, F.S., states that "It is the intent -of the Legislature that the state-owned submerged lands in areas which have exceptional biological, aesthetic, and scientific value ... be set aside forever as aquatic preserves or sanctuaries for the benefit of future generations." The program has jurisdiction over the use of state-owned submerged lands within the boundaries of a given preserve. Activities which occur outside the boundaries of an aquatic preserve or which do not directly affect state-owned submerged lands are not within the jurisdiction of the Aquatic Preserve Program (e.g., adjacent upland uses, regulation of commercial fishing). There are a number of differences between the rules governing uses of state- owned submerged lands within an aquatic preserve relative to those not within an aquatic preserve. The'principal difference is that uses of the submerged lands within an aquatic preserve must be shown to be "in the public interest" before they can be authorized as opposed to being "not contrary to the public interest" for non- aquatic preserve areas. 31 B. Management Area Classifications A key component of the management program for any aquatic preserve is the division of the preserve into management areas. The classification of management areas in an aquatic preserve is based upon the resource value of submerged lands within the preserve associated with existing and future land uses on the adjacent uplands as designated in the local government comprehensive plan(s). As in the delineation of upland uses through zoning, the delineation of a preserve into management areas is two-fold: (1) to identify areas of public and private uses, and (2) to provide standards with which proposed uses and activities must comply. The intent of these management area classifications is to make potential development activities compatible with resource protection goals. Designated or existing land uses are incorporated into the classification of management areas because use of the adjacent uplands has a direct bearing on the intensity of demand for uses of state-owned submerged lands. As mentioned earlier, the Aquatic Preserve Program has no jurisdiction over the designated use of the adjacent uplands. The incorporation of a designated land use into the management area classification is simply an acknowledgement of a local government's decision as to how a specific upland area can be developed. In general, land uses to be incorporated in the classification of submerged lands management areas for all preserves include: Agriculture LAG): This category represents state-owned submerged lands adjacent to land designated on a future land use map for a county and/or municipality as agriculture. It is intended to include sparsely populated areas used primarily for agricultural and/or forestry purposes. Single-Family (SE): This category represents state-owned submerged lands adjacent to land designated on a future land use map for a county and/or municipality as single-family residential. It is intended to include areas using the adjacent portion of the preserve solely for private recreational activities. Mufti-Family (ME): This category represents state-owned submerged lands adjacent to land designated on a future land use map for a county and/or municipality as multi-family residential. It is intended to include areas where more than one private residence are using the adjacent portion of the preserve solely for private recreational activities. The associated residences include townhouses, trailer parks, condominiums, apartments, and any other group of mufti-family dwellings. This category also includes a group of single-family property owners (i.e., homeowners association) that proposes to use state-owned submerged lands for the mutual benefit of the group. .Commercial-industrial JQ11: This category represents state-owned submerged lands adjacent to land designated on a future land use map for 32 a county and/or municipality as commercial or industrial. The category is also intended to incorporate uses associated with structures that charge fees or generate revenue. Examples of commercial uses include: marinas, restaurants, fish houses, and yacht clubs that charge membership fees. Public Recreation (PR): This category represents state-owned submerged lands adjacent to land designated on a future land use map for a county and/or municipality as public recreation/preservation and is utilized for the purposes of public recreation. It is intended to include (1) areas where structures are used by the general public at no charge and (2) federal, state, and municipal parks that charge a nominal fee. Military property, while not always open to the public, is included in this category since the buildings and grounds are often designated as public facilities. Preservation J-PT This category represents state-owned submerged lands adjacent to land designated on a future land use map for a county and/or municipality as preservation. Upland ownership can be either public or private. Each of the land use classifications listed above is assigned an appropriate number to identify the resource value of the adjacent submerged lands. The methodology used to determine this resource value shall be consistent with the latest methodology approved by the Bureau of Submerged Lands and Preserves. If an area within the preserve is identified as a Primary Resource Protection Area (PRPA), then it will be assigned a resource value of "ll". A PRPA essentially combines Resource Protection Areas 1 and 2, as defined in Sections 18-20.003(31), and 18-20.003(32), F.A.C. Submerged areas that are characterized by the absence of the above resource attributes will be identified as a Secondary Resource Protection Area (SRPA) and assigned a resource value of "T. A SRPA is a Resource Protection Area 3 as defined by Section 18-20.003(33), F.A.C. As stated previously, resource values are to be incorporated into the classification of management areas. For instance, if a submerged area within the preserve is determined to have a resource value of 1 and the adjacent uplands is zoned as single-family residential (SF), then this management area would be classified as SF/1. 33 C. Minimum Criteria for Allowable Uses Chapter 18-20, F.A.C., (Appendix B), provides the minimum standards with regard to the utilization of state-owned submerged lands within an aquatic preserve as authorized by the Board of Trustees and the Department of Natural Resources. The minimum standards for each allowable use are detailed below. It should be noted that other regulatory agencies rules and jurisdictions over activities may apply within the aquatic preserves. All Dock Structures: Section 18-20.004(5)(a), F.A.C., states that all docking facilities within an aquatic preserve shall meet the following standards and criteria: 1 . no dock shall extend waterward of the ordinary high water line (OHWL) more than 500 feet or 20 % of the width of the waterbody at that particular location, whichever is less; 2. areas of significant biological, scientific, historic, and/or aesthetic value require special management considerations. Modifications to docks in these areas may be more restrictive and shall be determined on a case-by-case basis; 3. the number, lengths, drafts, and types of vessels allowed to utilize the proposed facility may be stipulated; 4. where local governments have more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail. Additional policies include all docking structures to access a depth of -4 feet at ordinary low water (OLW) and a reduction in the width of a terminal platform to 4 feet wide if the platform is over submerged vegetation. This reduction will not affect the overall area of the terminal platform. Private Residential Single Docks: Section 18-20.004(5)(b), F.A.C., states that private residential single docks, as defined by Section 18-20.003(23), F.A.C., shall conform to the following specific design standards and criteria: 1. any main access dock cannot exceed a maximum width of four feet; 2. must be designed and constructed to ensure maximum light penetration; 3. can extend from the shoreline no further than -4 feet at (OLM; 34 4. when the water depth is -4 feet MLW at an existing bulkhead, the maximum dock length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang; 5. wave break devices shall be designed to allow for maximum water circulation and built in such a manner as to be part of the dock structure; 6. the maximum size of the terminal platform shall not exceed 160 square feet; 7. dredging to obtain navigable water depths is strongly discouraged. In the interests of clarification, the term "private residential single docks" refers to those docks associated with single-family residences that are used for private recreational purposes. Private Residential Multi-Slip Docks: Section 18-20.004(5)(c), F.A.C., states that private residential multi-slip docks, as defined by Section 18-20.003(24), F.A.C., shall conform to the following design standards and criteria: 1 . the area of sovereignty submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single docks, whichever is greater. A conservation easement or other such restriction acceptable to the Board must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate/waive any further riparian rights of ingress and egress for additional docking facilities; 2. docking facilities and access channels shall be prohibited in Resource Protection Areas 1 and 2 (= PRPA), except as allowed pursuant to Section 258.42(3)(e)l, F.S., while dredging in Resource Protection Area 3 (= SRPA) shall be strongly discouraged; 3. water depths adjacent to and within the proposed mooring area shall have a minimum clearance of one foot between the deepest draft vessel and the submerged bottom at OLW; 4. main access piers and connecting walks shall not exceed six feet in width; 5. terminal platforms shall not exceed eight feet in width; 6. finger piers shall not exceed three feet in width and 25 feet in length; 7. pilings may be utilized as required to provide adequate mooring capabilities; 35 8. specific provisions of Section 18-20.004(5)(d), F.A.C., for commercial, industrial, and other revenue generating/income related docking facilities shall also apply to private residential mufti-slip docks. Exceptions to the standards and criteria for any docking facility may be considered, but only upon demonstration that such exceptions are necessary to ensure reasonable riparian ingress and egress. Lease or Transfer of Lands: Section 18-20.004 (1)(b), F.A.C., states that there shall be no further lease or transfer of sovereignty lands within an aquatic preserve unless such transaction is in the public interest. Section 18-20.004(2), F.A.C., specifically defines the public interest test. Section 18-20.004(l)(e), F.A.C., states that a lease, easement, or consent of use may be authorized only for the following activities: (1) a public navigation project; (2) maintenance of an existing navigation channel; (3) installation or maintenance of approved navigational aids; (4) creation or maintenance of a commercial/industrial dock, pier, or marina; (5) creation or maintenance of private docks; (6) minimum dredging of navigation channels attendant to docking facilities; (7) creation or maintenance of shore protection structures; (8) installation or maintenance of oil and gas transportation facilities; (9) creation, maintenance, replacement, or expansion of facilities required for the provision of public utilities; and (10) other activities which are a public necessity or which are necessary to enhance the quality and quantity of the preserve and which are consistent with the Florida Aquatic Preserves Act (Sections 258.35 - 258.46, F.S.). Section 18-20.004(l)(0, F.A.C., states that structures to be built in, on, or over sovereignty lands are limited to those necessary to conduct water-dependent activities. Utilily Easements: Section 18-20.004(3)(c), F.A.C., states that utility cables, pipes, and other such structures shall be constructed and located in a manner that will cause minimal disturbance to submerged resources and do not interfere with traditional uses. It will be the policy to place additional utilities into designated corridors or existing easements within the Oklawaha River Aquatic Preserve. SROH Disposal: Section 18-20.004(3)(d), F.A.C., states that spoil disposal within an aquatic preserve shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that the spoiling activity may be beneficial to, or at a minimum, not harmful to the quality or utility of the preserve. 36 Piers: Piers shall be constructed in accordance with the minimum criteria provided by Section 18-20.004(5)(b), F.A.C. In addition, the following conditions apply to all piers: (1) the entire structure will be elevated to a minimum of,5 feet above the OHWL, (2) hand rails will be installed around the perimeter of the structure, (3) at least one "Docking Prohibited" sign will be posted and maintained on each side of the pier, (4) no temporary or permanent mooring of vessels will be permitted, and (5) dredging is prohibited when associated with pier construction and maintenance. Ramps: Boat ramps will be reviewed on a case-by-case basis. Determining factors to be reviewed include: (1) the elimination or alteration of natural resources or habitat (e.g., submerged grasses, shoreline vegetation, nesting areas), (2) the amount of dredging and/or filling of submerged lands, and (3) accessibility to the ramp from water and land routes. Additional criteria for the repair, replacement, and expansion of existing structures are provided for in Chapter 18-21, F.A.C. Replacement and expansion of structures must comply with the minimum criteria provided for in Chapter 18-20, F.A.C. D. Management Areas In this section, the management areas are delineated with boundaries, descriptions, and allowable uses. Due to changes that may occur from the rezoning of adjacent uplands and altering biological conditions on submerged lands, the final decision on approving, modifying or denying uses of the submerged lands within the preserve will be made based on field surveys and assessments of project sites. Due to the public ownership of virtually all of the land adjacent to the Aquatic Preserve and the homogenous nature of the floodplain communities associated with the Oklawaha and Silver Rivers, a single management area should be designated (Figure 5). Marion County's Future Land Use Map transmitted to the State of Florida for primary review designates the land within the aquatic preserve as a Natural Reservation as defined in Rule 9J-5.003(58) FAC. The land adjacent to the Natural Reservation is designated as Rural Land with a base density of one dwelling unit per ten acres. The Future Land Use Map also designates an Environmentally Sensitive Overlay Zone on those lands in private ownership within approximately one quarter of a mile on either side of the Oklawaha River (Figure 6). The management area designation of PR/1 - public recreation/primary resource protection area - is the most appropriate designation. The management area criteria for the aquatic preserve are as follows: 37 MANAGEN119INT AREA MLI public recreation/primary resources/protection area Boundaries: This area is defined as the state-owned submerged lands of the Oklawaha River Aquatic Preserve aq described in Chapter Ill. ..Description: This area is characterized by the channels and extensive, well- defined floodplains of the Oklawaha and Silver Rivers. The dominant vegetative species are deciduous hardwoods and bald cypress. The area provides habitat for numerous aquatic and terrestrial animal species. The adjacent uplands along the border of the aquatic preserve are primarily in public ownership. Much of the privately held uplands are owned by timber companies with a few smaller, individually owned tracts. Allowable Uses: utility easements (in designated corridors), public docks (constructed or repaired in a manner to minimize impacts on submerged lands resources), ramps, piers. 38 FORT McCoy ............ Fli Me VVI Z. U) CO) 17 16 14 it 'NSIT --s--: 7 OKLAWAHA RIVER 22 c coy 24 19 20 23 m - AQUATIC PRESERVE 27 26 25 '30:=7 2. 26 I I IN 111111! Management Area PRA Boundary 36 31 W2 35 0 2 A A% IV P.. 1111d Me =2 MILES d Afud lake do. G 7: Bulbs joes Perm SEE 8 15 15 Is 13 i7 F indilin I %C.Ga, Lees S1 O.d .1 ... Aw'. A,.* C,e4k 14 20 21 22 9 23 2"0 ?1 22, "Ar Eason 315 SEE FPO 30 26 27 26 25 17 -7- 30 Ze 29 26 3=26 Connvr Bfucaville Tuler P. 36 Lek ......... 32 34 =_ I h rle$ 31 C Orlds 33 34 -'-35: G'aham .,Ile :_-31 SEE .14SET: 314 It.-VIET "M- ILV R _.X ......... SPIRIN;S 7= 'SEE..SfT 40 3 4 2 -7 5 41 2 Silver 6---- Sonngs -7= Z F@ aw 7 9 12 C 10 7 SEE East z 12 -SET Af_ fscftw VVa*- - L... 13 Church. @-kfaq ::J is 16 IS Prah.. :.3 13, 0 Z Cjw fps LO 22iob f 2M2 19- 21 22 `7` 3' 9 11.0f Spring 6 Shores ,R.A.U.D. 1, POO. 3.300 7 30 29= 27 25 22:.. 28 -b lite Lek, rya f 35 31 31 jz'=. P3 __EE:V 35 N H., .-36 Tomk - rz--- :t 2 0 =__Arv- A A 7 FIGURE 5 Aquatic Preserve Management Area 39 4 -1 40 LEGEND I iURBAN LAND 'Aunicipalities ALACHUA COUNTY Or-6-n-ge sprimp ,%nicipal Unincoroorated Urban Service 3 0 41 1 Areas - ALACHUA COUNTY Aoproved Developments cIntos'h t of Regional r- - Imoact Florida Quality Dev elopments, 3 a and Ap@ro ved ORI-Scale Developments 1 3 10 Urban Expansion Areas L _2 If Specialized Commerce Districts Fl@nftngt6n -Z T-- 1 251 35 34 38 Citra Preferred Locations for Urban 33 Irv Neighbornood Districts >- -- 1 1 5 Z T RURAL LAND C:) @a f ield 3 Fort McGoy ddi -7. Rural Land -7 'E. !2j LLJ Preferred Locations for Rural Village/ Rural Town Districts 7 0 3- sparr OTHER .-- I - -- - . . --- r 3' 33 3 31 Lakes 9-- 3' 4rfid - 9 L Environmentally Sensitive Overlay Zone + I@ 7 3 3 12 nony Conservation - Protected Areas 3 7 5 3 1 X Note For further description of use, density and intensity of land uses, refer to Part 13 24 19 v II Goals,,Obiectives and Policies, Future Lahd se ment 5 5 Spmng 2 1 V "-11 . 328 -3 '3 13 jr 17 S@ X A i3w If"s ma I fil 9 Tlril Uj .10M nne a v 0 Z- Y r 71 ITI I II U77-,uc/2177 I ": I OWl II 4.- ummeff iard- ON! .* I . I I GENERALIZED SPRUCE -CAEE* - FUTUR :01. @tj i, rT- A so FLORICI E LAND USE MAP ES T MARION COUNTY - Year 2001 SUMTER COUNTY Hay I LAKE CHAPTER V SITE SPECIFIC RESOURCE MANAGEMENT ISSUES AND NEEDS This chapter lists the currently recognized management issues that affect the Oklawaha River Aquatic Preserve from the standpoint of maintaining or enhancing the ecological integrity of the preserve, and the safe utilization of the resource by the public. The first section of this chapter is concerned with the management issues peculiar to the preserve. The latter section of this chapter suggests management initiatives to address the concerns of the management issues. A. Management Issues Due to the public ownership of most of the uplands immediately adjacent to the Oklawaha River Aquatic Preserve, there are currently no management concerns due to adverse impacts from development of the uplands adjacent to the preserve. It is assumed that very few or no submerged land leases or easements that are associated with private sector activities will be applied for within the aquatic preserve. The section of the Oklawaha and Silver Rivers within the aquatic preserve aee, however, part of a much larger ecosystem that is the Oklawaha River Valley system from the Oklawaha headwater lakes to the confluence of the Oklawaha and St. Johns Rivers. Unfortunately, some of the activities that are having adverse impacts upon the Oklawaha River Aquatic Preserve have not occurred within the limits of the preserve and are beyond the specific regulatory authority governing the preserve. Coordination with other agencies and local governments that have regulatory authority over and management responsibility for the natural resources within the Oklawaha River Valley should be of primary concern. Management of the Oklawaha River, its headwaters, and tributaries should be undertaken on a system-wide basis to maintain and where necessary enhance the biological integrity of the system. Restoration activities, as part of a system-wide approach, in the upper Oklawaha River basin have begun as part of the SWIM Plan for this basin. Further integration of the programs of the managing agencies will be of benefit to the natural and cultural resources within the Oklawaha River Aquatic Preserve. The inclusion of those lands outside of but adjacent to the aquatic preserve that are in the Cross Florida Greenbelt State Recreation and Conservation Area, into the management framework of the aquatic preserve will enhance the preserve. The primary management issues within the aquatic preserve are associated with the ever increasing recreational use of the river. Increased boat traffic brings with it an 43 increased rate of bank erosion due to wave and wake action and the increased potential for boating accidents. On a river such as the Oklawaha that is relatively narrow, winding, conta:ins numerous sharp bends, and has heavily vegetated banks that limit sight distance and attenuate sounds, the potential for boating collisions is heightened, particularly when canoes and motorboats of various sizes and horsepower are mixed. If public safety and accelerated bank erosion due to boat traffic are not currently issues of concern on the Oklawaha River, they will be as the recreational pressure upon the river increases. A Marion County ordinance establishes a no wake zone for the entire length of the Silver River. The no wake zone was imposed to limit the ill effects of erosion from boat wakes along the banks of the Silver River. Another management issue of growing concern is the pillaging of Indian middens and other archaeological sites within the aquatic preserve, particularly along the Oklawaha River. B. Management Initiatives The following are suggested management activities and initiatives that will address the previously listed management issues. These initiatives are site specific and go beyond the issues currently addressed by statute or rule. 1. Integrate and coordinate the management of the aquatic preserve with those agencies having system-wide management responsibility so as to provide for the maintenance and enhancement of the ecological integrity of the preserve and entire riverine system. 2. Provide for the increased protection of the archaeological and cultural resources within the preserve. 3. Determine the feasibility of providing additional low impact access points, such as visual access and bank fishing areas, along the rivers within the aquatic preserve. 4. Determine the extent of any safety problem from boat speed and the extent of the acceleration of bank erosion from wake action. 44 CHAPTER VI MANAGEMENT ACTION PLAN This chapter establishes the guidelines which allow for the management and protection of the Oklawaha River Aquatic Preserve's natural, archaeological and cultural resources for the benefit of the current and future generations of residents and visitors of Florida (Section 258.35, F.S.). Before an effective program can be designed to manage and protect natural resources, the function, importance, extent, and location of those resources must be determined and defined. At the very least, a basic understanding of the function of a natural system is fundamental to its proper management. Additionally, the identification of those activities or parameters that affect a natural system and its resources, either positively or negatively, is necessary. This information will form the foundation from which action will be initiated to manage and protect these resources. The management strategies for an Aquatic Preserve Program must consist of a variety of components such as resource inventory, resource management, resource protection, research, recreational use, and environmental education. The management program for this preserve includes: (1) collecting, cataloging, and providing information on the ecological functions and economic importance of the natural systems and resources within the preserve; (2) overseeing those activities that affect the natural resources and their natural function within the preserve; (3) ensuring that accurate biological and physical information is considered in permit-related issues and planning decisions; (4) ensuring that all statutes and rules regarding the preserve's natural resources are followed and that violations are enforced by the appropriate authorities; (5) conducting site surveys for specific activities; (6) coordinating with other resource management and enforcement agencies; (7) educating the public on the inherent ecological and economic values of the natural resources associated with the preserve; (8) conducting or cooperating with other entities to conduct pertinent research projects; and (9) developing a comprehensive management program that can be periodically updated. Coordination with other agencies and entities is key to the successful implementation of a management program for the aquatic preserve. Many agencies and governmental entities outside the Bureau of Submerged Lands have regulatory responsibility and enforcement authority over the natural resources associated with the preserve, both within and outside of the preserve boundaries. 45 The Department of Environmental Regulation and the St. Johns River Water Management District have jurisdiction over dredge and fill activities, and stormwater management. Both of these activities can have a detrimental impact upon the resources within the preserve. Marion County, through the broad home rule powers afforded local governments and the Growth Management Act, regulates the land use that occurs on the privately owned uplands adjacent to and surrounding the aquatic preserve. The Florida Game and Fresh Water Fish Commission has enforcement powers for wildlife regulations, dredge and fill violations, hazardous material discharges, and other activities that are deleterious to the resources within the aquatic preserve. This section outlines goals, objectives, and actions to implement a management program for the Oklawaha River Aquatic Preserve. The resource management goals for aquatic preserves are specified in Section 18- 20.001, F.A.C., which states: (1) All sovereignty lands within a preserve shall be managed primarily for the maintenance of essentially natural conditions, the propagation of fish and wildlife, and public recreation including hunting and fishing where deemed appropriate by the board and the managing agency. (2) The aquatic preserves which are described in Chapter 73-534, Laws of Florida, Sections 258.39, 258.391, 258-392, and 258.393, Florida Statutes, future aquatic preserves established pursuant to general or special acts of the legislature, and in Rule 18-20.002, Florida Administrative Code, were established for the purpose of being preserved in essentially natural or existing condition so that their aesthetic, biological and scientific values may endure for the enjoyment of future generations. (3) The preserves shall be administered and managed in accordance with the following goals: (a) to preserve, protect, and enhance these exceptional areas of sovereignty submerged lands by reasonable regulation of human activity within the preserves through the development and implementation of a comprehensive management program; (b) to protect and enhance the waters of the preserves so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating, and fishing; 46 (c) to coordinate with federal, state, and local agencies to aid in carrying out the intent of the Legislature in creating the preserves; (d) to use applicable federal, state, and local management programs, which are compatible with the intent and provisions of the act and these rules, and to assist in managing the preserves; (e) to encourage the protection, enhancement, or restoration of the biological, aesthetic, or scientific values of the preserves, including but not limited to the modification of existing man- made conditions towards their natural condition, and discourage activities which would degrade the aesthetic, biological, or scientific values, or the quality, or utility of a preserve, when reviewing applications, or when developing and implementing management plans for the preserves; to preserve, promote, and utilize indigenous life forms and habitats, including but not limited to: sponges, soft coral, hard corals, submerged grasses, mangroves, saltwater marshes, freshwater marshes, mud flats, estuarine, aquatic and marine reptiles, game and non-game fish species, estuarine, aquatic, and marine invertebrates, estuarine, aquatic, and marine mammals, birds, shellfish and mollusks; (g) to acquire additional title interests in lands wherever such acquisitions would serve to protect or enhance the biological, aesthetic, or scientific values of the preserve; (h) to maintain those beneficial hydrologic and biologic functions, the benefits of which accrue to the public at large. " In order to implement the overall goals of resource management within the aquatic preserve as specified by Chapter 18-20, F.A.C., and address the previously listed management initiatives, the following goals must be reached: (1) developing and maintaining current, detailed resource inventories; (2) assessing the impact of human activities on the resources within the preserve; (3) develop reasonable regulation, when and where necessary, to protect the resources and address specific problems within the preserve; (4) establishing habitat restoration programs where needed; (5) coordinating and cooperating with other agencies in water quality improvement, research, and system-wide management; (6) environmental education of the public utilizing the preserve as to the function and importance of the preserve; and, (7) providing for reasonable recreational use of the preserve. 47 For all of the following goals, objectives and tasks, the Department of Natural Resources will, when appropriate and practical, participate with other agencies and organizations dedicated to protecting the local resources. In order to avoid duplication of effort the Department will initiate programs only when they do not overlap or compete with programs operated by other governmental agencies or non-profit corporations. A. RESOURCE MANAGEMENT AND INVENTORY The resource management goals for the aquatic preserve are to: (1) determine the extent and condition of the resources within the preserve; (2) identify sources of degradation or adverse impact to those resources; and, (3) restore degraded or altered areas to their natural condition as practicable. GOAL 1: DEVELOP AND MAINTAIN RESOURCE INVENTORIES Objective 1.1: Develop and maintain an inventory of the plant communities found within the preserve by December 1993. Task 1.1.1: Conduct an inventory of the plant communities within and immediately adjacent to the aquatic preserve. This inventory should include the aquatic, wetland, and upland plant communities found within and adjacent to the preserve. The diversity and relative health of the communities should be noted so as to allow for comparison to later inventories. This inventory shall be conducted once every three years. Task 1.1.2: The database generated from this inventory will be used to create biological resource maps and inventory files. Objectiv!l 1.2: By June 1994 an inventory of listed species, both plant and animal species known to inhabit or that have a high probability of inhabiting the preserve, and their habitats will be established. Task 1.2.1.: Conduct an inventory of listed species and their habitats by using data from existing literature and current'research studies, if available. This inventory shall be conducted once every three years. Task 1.22 The database generated from this inventory will be used to. create biological resource maps and inventory files. 48 GOAL 2: ASSESS THE EFFECT OF HUMAN ACTIVITIES AND CUMULATIVE IMPACTS Objective 2.1: By December 1992 an assessment of the effects of human activities upon the natural resources within the preserve shall be conducted. The effects of human activities outside of the preserve that have direct bearing upon the preserve will also be assessed. Task 2. 1. 1: Conduct a survey and assessment of the human activities within the preserve to determine if there is a direct relationship between these activities and diminution of the function, quality, extent, or health of the natural resources within the aquatic preserve. Obiective 2.2: By June 1993 a survey and assessment of the cumulative impacts of human activity upon on the natural resources within the preserve shall be conducted. Task 2.2. 1: Conduct a survey of all docks, dredged areas, eroded shoreline areas, boat ramps, landings, and other applicable human uses and impacts within the preserve. Obiective 2.3: By August 1993 a report shall be prepared assessing the effects and cumulative impacts of human activities upon the aquatic preserve. Task 2.3.1: Prepare a report utilizing the information gathered for Objectives 2.1 and 2.2 that assesses and summarizes the effects and cumulative impacts of human activities within and outside of the aquatic preserve that affect the preserve. GOAL 3: RESTORE DEGRADED HABITAT AND ADVERSELY AFFECTED AREAS Obiective 3.1: By December 1993, areas in need of restoration or stabilization within the aquatic preserve will be identified. Task 3.1.1: All areas in need of restoration will have appropriate restoration plans prepared for the sites. The plans will specify a schedule for completion., Restoration utilizing vegetation native to the preserve will be given preference to utilization of structural alternatives such as rip-rap or retaining walls in the case of shore stabilization, where practicable. 49 B. RESOURCE PROTECTION In order to maintain the biological integrity of the aquatic preserve, it is imperative to protect the resources that are within the preserve and the resources that comprise the entire system. The primary focus of the resource protection section is the protection of the various habitats and communities that make up the preserve. The goals of the aquatic preserve program with regard to resource protection include: (1) protection of the existing resources within the preserve; (2) protection of habitat of listed species; (3) development of management strategies or regulations to address the adverse impacts and cumulative impacts of human activities affecting the resources within the preserve. GOAL 1: PROTECTION OF RESOURCES WITHIN THE PRESERVE Ob6ective 1.1: Potential damage to submerged and emergent vegetation will be minimized through the review of applications for use of state-owned land in the aquatic preserve. Task 1.1.1: Field staff will develop a written policy describing a scientifically based, standardized method to inventory the submerged and emergent biological resources at the proposed project site. At a minimum, this policy will contain the following information: a) The area to be surveyed: 1) will be described as a polygon, and 2) will include the proposed location of the activity/structure and the adjacent area surrounding the project. The size of this adjacent area shall be determined by the methods described in the written policy. b) How the survey is to be performed: 1) Two areas within the survey area will be assessed: i. the submerged bottom, including: a description of all communities/habitats, a description of the bottom type, depth profiles, and a physical description of the surrounding waterbody; ii. the shoreline (where appropriate), including: a description of the vegetation, a description of any existing structures, notation of any nesting birds, and notation of any designated species. 50 Task 1.1.2: Coordinate with the appropriate regional DNR planner in order to process the field staff comments in a timely manner. Task 1.1.3: Coordinate with other appropriate agencies that have regulatory authority or review responsibility for these projects. Obeective 1.2: Ensure that structures and projects that have been authorized are in compliance with the authorized conditions. Taskl.2.1: Coordinate with the appropriate regional DNR planner to receive copies of all letters of consent, easement agreements, lease agreements, and other forms of authorizations. Task 1.2.2: Report variations from the authorized conditions to the appropriate DNR enforcement agent. Task 1.2.3: Coordinate with other appropriate agencies that have regulatory authority or review responsibility for these projects. Objective 1.3: Ensure that structures and projects that have been built or are occurring have been authorized. Task 1.3. 1: Report activities that do not appear to have been authorized to the appropriate DNR enforcement agent. Task 1.3.2: Coordinate with other appropriate agencies that have regulatory authority or review responsibility for these projects. GOAL 2: PROTECTION OF LISTED SPECIES AND THEIR HABITAT Objective 2.1: Ensure that listed species and their habitats are given maximum protection through the permit-review process. Task 2. 1. 1: Recommend modifications to proposed projects on state-owned submerged land in order to protect the habitat of listed species. Task 2.1.2: Field staff will coordinate with the Florida Game and Fresh Water Fish Commission when the habitat of listed species or "significant use areas" could be affected by proposed activities. Objective 2.2: Develop management strategies, by August 1994, to enhance and protect listed species and their habitat. 51 Task 2.21: Field staff will utilize the inventory of listed species and their habitat to identify the areas where listed species are being adversely affected. Task 2.2.2: Management strategies, restoration plans, or regulations will be developed and timely implemented to mitigate or remove the identified adverse impacts upon listed species. GOAL 3: MINIMIZE THE ADVERSE AFFECTS OF HUMAN ACTIVITIES Obiective 3.1: Ensure that human use of the preserve does not create adverse impacts or deleteriously -affect the resources within the preserve. Task 3. 1. 1: Based upon the information gathered in the management surveys, assessments, and inventories, determine the extent of identified problem areas. Task 3.2.2: Develop management strategies or regulations to mitigate or remove the cause of the identified adverse impacts or effects. C. COORDINATION, ENHANCEMENT, AND, IMPROVEMENT The Oklawaha River Aquatic Preserve is one part of a much larger river system that traverses several political boundaries and falls under multiple -agency jurisdictions. In order to successfully implement protection, enhancement, restoration, or improvement measures, coordination with these political entities and agencies is necessary. Therefore, the goals of the aquatic preserve management program should be focused upon coordinating and cooperating with other agencies and entities in assessing, improving, and maintaining conditions that are conducive to preserving the resources within the preserve. GOAL 1: IMPROVE WATER QUALITY WITHIN THE PRESERVE Objective 1.1: Coordinate with DER, the Water Management District, the Corps of Engineers, and local governments to improve water quality in the preserve. Task 1. 1. 1: Coordinate with the St. Johns River Water Management District, DER, and local governments toward improving the management of surface water and stormwater discharges into the aquatic preserve. Task 1.1.2: Coordinate with the St. Johns River Water Management District regarding the restoration activities that the District is conducting in the upper 52 reaches of the Oklawaha River and the Oklawaha Basin to improve the quality of the water flowing into the preserve. GOAL 2: COORDINATE WITH LOCAL GOVERNMENTS ON LAND USE PLANNING Objective 2.1: Coordinate with local planning departments, regional planning councils, and the Department of Community Affairs to develop, revise, and evaluate local government comprehensive plans and plan amendments. Task 2.1.1: Establish the role of the aquatic preserve manager as the field representative for DNR Aquatic Preserves with local governments. Task 2.12 Contact local planners to assist in the development of policies and ordinances that regulate activities affecting state-owned submerged lands. D. RESEARCH AND ENVIRONMENTAL EDUCATION Effective management, including enhancement and restoration, of any biological system relies almost entirely on information as to how that system functions. Research is the foundation upon which this information is based. Therefore, the goals of the research program within the Bureau of Submerged Lands and Preserves are primarily directed toward applied research. The goals of the research program for aquatic preserves in general are: (1) to gain a better understanding of those factors that are essential to the continued biological integrity of the major habitats within the aquatic preserve; and (2) to gain a better understanding of those factors that govern the continued survival and propagation of designated species that use the aquatic preserve for any portion of their life cycle. Riverine systems in general and the Oklawaha River in particular have been the subjects of extensive research and data collection. Much information concerning the factors affecting the biological integrity of the preserve can be obtained through a literature search and from knowledgeable people who have themselves conducted research within the preserve. There may be, however, aspects of riverine systems and the Oklawaha River system that would bear further inspection. As a product of the resource management and monitoring program, topics and areas of needed research may be identified. The integrity of the biological system within the preserve can be affected, both directly and indirectly, by the public's enjoyment of the preserve. Without a 53 biologically "heafthy" river system, water quality will deteriorate, fisheries will fail due to loss of habitat, and many other species of both plants and animals will be adversely affected. One of the primary aims of the aquatic preserve program is to educate the public as to the importance of the factors that affect the integrity of the preserve. This public is composed of a number of segments: (1) students [e.g., elementary, college]; (2) waterfront property owners; (3) visitors and new residents; (4) user groups; (5) special interest groups; and (6) local, regional, and state government agencies that are involved in making decisions regarding the preserve. The goal of the environmental education section is to instruct individuals as to the importance of preserving natural and cultural resources so they may c onsider all issues prior to making decisions and beginning activities that affect these resources. The purpose of this management plan section is to educate the public in the hopes that they will -become responsible users of the preserve. Two DNR publications, Environmental Education in Florida: Needs and Goals, and A Guide for Environmental Education, are references available to aid in accomplishing this goal. GOAL 1: EDUCATE THE PUBLIC TOWARD WISE RESOURCE USE Obiective 1.1: Provide information to existing environmental education programs at public and private schools and coordinate with other local educational centers. Task 1. 1. 1: Notify the Marion County School Board of the aquatic preserve's environmental education efforts and the availability of its staff to assist or provide guidance for their existing educational programs. Task 1.1.2: Conduct off-site classroom instruction and on-site field trips in the preserve. Task 1.1.3: Coordinate with and assist the staff of the Silver River Museum to provide support for the museum's programs and interpretive talks. Objective 1.2: Produce educational literature and materials that inform the public of the Oklawaha River Aquatic Preserve's natural and cultural resources and the importance of preserving and protecting these resources. Task 1.2.1: Develop brochures, pamphlets, and/or booklets that describe to the public; (1) the purpose of and management activities conducted for the aquatic preserve; and (2) general information on the preserve's ecosystem. If feasible, this task will include video presentations. Objective 1.3: Provide informal workshops to inform other environmental educators on the preserve's natural resources. 54 Task 1.3.1: Conduct instructional workshops designed to teach other environmental educators. Ob*ective 1.4: Establish an on-site environmental education center. Task 1.4.1: Coordinate with the Marion County School Board and the staff of the Silver River Museum to contribute information and materials relevant to the preserve to the environmental learning center at the Silver River Museum. E. RECREATIONAL USE OF THE AQUATIC PRESERVE As stated in Chapter 18-20, F.A.C., aquatic preserves are to be managed to provide public recreation where appropriate and reasonable to the extent that the resources within the preserves are not adversely affected. A goal of the management program for the aquatic preserve should be to provide for reasonable recreational use of the natural resources within the aquatic preserve. GOAL 1: PROVIDE FOR REASONABLE RECREATIONAL USE OF THE PRESERVE Objective 1.1: Determine the feasibility of providing additional low impact access points along the rivers within the aquatic preserve. Task 1. 1. 1: Utilizing the data and information from the management surveys, inventories, and assessments that are to be produced for the preserve, a feasibility study will be developed to provide for additional low impact access points within the aquatic preserve. The feasibility studies shall at a minimum address the following: present access points and level of use; practical locations for new low impact access points, such as visual access and bank fishing; the foreseeable impacts and costs that new access points may have; the projected beneficial use derived from these new access points; the projected detrimental effects that new access may create. 55 Ul ch J@ Li CHAPTER VII MANAGEMENT COORDINATION NETWOR This chapter presents a general overview of the various federal, state, regional, and local agencies that regulate or hold any interest in the management or use of the Oklawaha River Aquatic Preserve. A reference matrix of these regulatory programs and their jurisdictions is presented in Table 5. One function of the Aquatic Preserve Program is to coordinate with these agencies to achieve common goals relevant to aquatic preserve management. A. FEDERAL AGENCIES A number of federal agencies have property interests, construction activities, regulation programs, research activities, and land/wildlife management programs that deal either directly or indirectly with the aquatic preserves. These federal agencies include: U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Geological Survey, and the U.S. Fish and Wildlife Service. The U.S. Army Corps of Engineers (ggEl has jurisdiction over inland navigable waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and Harbors Act in 1968 extended the Corps' jurisdiction, allowing the agency to consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other relevant factors of a project. The Corps Regulatory Program expanded in 1972 with the Federal Water Pollution Control Act Amendments, also known as the Clean Water Act (CWA). Section 404 of this act requires the Corps to control dredge ahd fill activities. In 1977, amendments to the CWA extended this jurisdictional responsibility to wetlands. The Corps also contributes 50% of the funds reimbursed to the Water Management Districts by the Department of Natural Resources for aquatic plant control. The U.S. Environmental Protection Agency (9FA has jurisdiction over surface waters in the state. Enforcement authority was given under the Clean Water Act of 1968 and broadened under the 1977 revision. In general, the EPA is responsible for pollution control and abatement, including: air, water, noise, solid waste, toxic waste, and radiation. The agency reviews permits issued by the Department of Environmental Regulation for the treatment, disposal, and storage of hazardous wastes. Authority is divided between EPA and USCG regarding the discharge of oil or hazardous substances into surface water. The U.S. Geological Survey (USGS) performs surveys and research pertaining to topography, hydrology, and geology as well as monitoring the mineral and water resources of the Oklawaha River region. 57 The U.S. Fish and Wildlife Service (USFWS) is responsible for fish and wildlife and their habitat as authorized in: the Coastal Barrier Resources Act (COBRA), National Environmental Protection Act, Migratory Bird Act, Endangered Species Act, and the Fish and Wildlife Coordination Act (FWCA). Under provision of the FWCA, USFWS must be consulted before COE can submit a plan for Congressional approval. The USFWS, comments on the impacts of proposed projects on endangered species, migratory birds, and other fish and wildlife and their habitats. They are directed to prepare environmental impact assessments or statements for proposed projects by the COE and are authorized to issue "Jeopardy Opinion" against any proposed project which will negatively affect an endangered species (Barile et al., 1987). In accordance with the federal consistency review process, the Bureau of Submerged Lands and Preserves reviews the federal programs and activities as to how they affect the objectives of -the aquatic preserve management program. This review is coordinated through the Florida Department of Environmental Regulation's Office of Coastal Management in order to enforce the provisions of the Federal Coastal Zone Management Act of 1972, as amended. B. STATE AGENCIES Eight state agencies have programs that affect the resources or regulate activities within the aquatic preserves: Department of Natural Resources, Department of Environmental Regulation, Department of Health and Rehabilitative Services, Game and Freshwater Fish Commission, Department of Community Affairs, Marine Fisheries Commission, Department of State, and the Department of Transportation. The Department of Natural Resources (DNRI areas of responsibilit@ include state lands, sovereignty submerged lands, and marine resources (e.g., marine research projects, sea turtle and manatee protection). The Florida Marine Patrol enforces safe boating laws as well as commercial and recreational fishing regulations. Authority granted under Chapters 18-20, and 18-21, F.A.C., gives DNR responsibility to regulate commercial and residential docks and other structures and activities conducted on submerged lands. Under Chapter 16C-20, F.A.C., DNR has responsibility for various aquatic plant control programs, including permit review for mechanical, biological, and chemical control of aquatic plants. Permits are also necessary under Chapter 16C-52, F.A.C., NAquatic Plant Importation, Transportation, Cultivation, and Possession", for any persons cultivating, revegetating, or collecting aquatic plants. The Department of Natural Resources Division of Recreation and Parks has authority under Florida Statute 258 and Florida Administrative Code Rule 1613-2 to manage the portions of the Oklawaha and Silver Rivers that fall within the Silver River State Park. The Division of Recreation and Parks has an intra-DNR 58 management agreement (agreement #745-0017) that authorizes the Division to manage submerged areas that adjoin DNR jurisdictional lands. The Department of Environmental Regulation (DER) has a broad range of responsibilities and receives its authority from State Law and some delegated from EPA. Generally, the DER responsibilities include water management, water quality, potable water, air quality, coastal management, wetland protection, power plant siting, hazardous and solid wastes. These responsibilities are accomplished through the following regulatory mechanisms: (1) establishment of state standards designed to protect natural systems and prevent harmful pollutants from entering these systems; (2) application of these standards through the permitting of potential sources of pollution and monitoring discharges for compliance; and (3) initiation of enforcement action for non-compliance with these standards. The DER's rules significant to the aquatic preserve management program are Chapters 17-301, 17-302, 17-4, and 17-312, F.A.C. Authority for these rules is based in Chapter 403, F.S. Chapter 17-301 and 17-302, F.A.C., addresses water quality standards with the most stringent category being "Outstanding Florida Waters" (OFW). The Oklawaha River and the Silver River are both OFW's within the aquatic preserve. Chapter 17-4, F.A.C., addresses permit requirements and Chapter 17-312, F.A.C., covers dredge and fill activities. Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands Protection Act of 1984, requires that any person requesting the use of state-owned lands shall have prior approval of the Trustees. As a result of this amendment, an interagency agreement between DNR and DER provides for comments from DNR staff, on behalf of the Board of Trustees, into the DER permitting process for proposed activities in aquatic preserves. The DeRartment of Health and Rehabilitative Services (BBS has responsibilities to protect the public's health by overseeing functions that involve water supply, on site sewage disposal, septic tank cleaning, solid waste control, and hazardous wastes. Authority for these responsibilities is found in Chapters 154, 381, and 386, F.S., and in the 10D Series of F.A.C., known as the "Sanitary Code." Within each county, HRS functions as the county's health department and oversees these jurisdictional responsibilities. The Game and Fresh Water Fish Commisslon (GFWFQ authority is provided in the rules and regulations of Chapters 39.101 and 39.102, F.A.C. This authority involves the implementation of specific regulations and their enforcement for protecting all wildlife and their habitats. As such, the GFWFC is the state coordinator for species designated for protection in Florida. 59 The Department of Communft Affairs (DCA) and the Regional Planning Councils are authorized under Section 380.06, F.S., for administering the Development of Regional Impact (DRI) review program. The DRI process was established to provide a review and monitoring procedure for development projects potentially affecting the health, safety or welfare of citizens of more than one county. Additionally, the DCA designates Areas of Critical State Concern (ACSC). These designations are intended to protect the areas of the state where development has endangered or may endanger resources of regional or statewide significance. Under an ACSC designation, the local governments are required to submit new or existing land development regulations to DCA for review and approval. According to Section 380.05, F.S., the entire land development process will require the state's supervision until that local government- modifies its land development practices to conform to the principles guiding development within an ACSC. The DCA also oversees the development of Local Government Comprehensive Plans (LGCP) for both counties and municipalities, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part 11, F.S. Subsection 163.3203(5), F.S., provides that DCA shall adopt rules for the review of local government land development regulations. Within one year of submission of comprehensive plans for review by DCA, local governments are required to adopt land development regulations which are consistent with their comprehensive plans, pursuant to Subsection 163.3167(2), F.S. The two elements within these plans that bear most directly on the aquatic preserve program are the Future Land Use Element and the Conservation Element. The Department of State (DOS). Division of Historical Resources (DHR) has the responsibility granted under Chapter 267, F.S., regarding the preservation and management of Florida's archaeological and historical resources. This responsibility includes those cultural resources located on state-owned lands, including aquatic preserves. The DeRartment of Transl2ortation (P9M has responsibilities that include right-of- way and surface water runoff in the areas of roads, bridges, and causeways. The DOT also updates a state-wide aerial photographic survey every four years, rotating on a district basis. C. REGIONAL AGENCIES At the regional level, the management coordination network includes the St. Johns River Water Management District, and the Withlacoochee Regional Planning Council. These organizations conduct activities that are on a broader scale than those of local governments. 60 The St. Johns River Water Management District (SJRWMD) was created and is governed by provisions of Chapter 373, Florida Statutes. Chapter 40C F.A.C. contains the rules of the District including those rules governing certain activities in wetlands and other natural resources. Also included in the rules in these chapters are mechanisms to implement the surface water management permit system mandated in Part IV of Chapter 373, F.S. SJRWMD has jurisdiction over and administers the permitting program for water use, well construction, stormwater discharge, surface water management, groundwater withdrawals, water level control and provides control of exotic plants (primarily hydrilla and water hyacinths) in cooperation with the COE. It is the intent of the Florida Legislature (Chapter 87-97, Section 1-6, Laws of Florida) through the Surface Water Improvement Management (SWIM) Act, that the water management districts "design and implement plans and programs for the improvement and management of surface water." The St. Johns River Water Management District has adopted the Upper Oklawaha River Basin SWIM Plan which addresses restoration and protection of the headwater lakes and upper basin of the Oklawaha River. Restoration of the historic river channel and floodplain is beginning at Sunnyhill Farm and will soon begin at Oklawaha Farms. The Withlacoochee Regional Planning Council (YVRPC) serves as a regional planning body for county and municipal governments. Its many functions include: (1) providing assistance to local governments with planning expertise, (2) serving as the regional representative for the DRI review process, (3) serving as a regional clearinghouse for state and federal projects and programs, (4) assisting local governments in securing grants, (5) conveying information from the local governments to the state and federal levels, and (6) preparing and administering the Regional Comprehensive Policy Plan. D. LOCAL AGENCIES The Oklawaha River Aquatic Preserve is located entirely within Marion County. The Marion County Board of County Commissioners have final authority for land use decisions for the area surrounding the aquatic preserve. The Board of County Commissioners also have the authority to implement ordinances and regulations that directly affect the preserve. Table 6 lists the ordinances adopted by Marion County that have regulatory implications for the aquatic preserve. 61 5 C--(DC)FZnxWP&rrTC)M M1ErrWC)n1< LOCAL AGENCIES REGIONAL AGENCIES LGT Local Governments (Cities, Towns, RPC Regional Planning Council Municipalities) WMD Water Management Districts CGT County Governments FIN Florida Inland Navigation District LDD Local Drainage Districts MCD Mosquito Control Districts ICD Inlet Commissions/Districts SWC Soil and Water Conservation Districts FEDERAL AGENCIES STATE AGENCIES CG United States Coast Guard DCA Florida Department of Community Affairs COE United States Army Corps of DER Florida Department of Environmental Engineers Regulation EPA United States Environmental DNR Florida Department of Natural Resources Protection Agency GFC Florida Game and Freshwater Fish FWS United States Fish and Wildlife Commission Service HRS Florida Department of Health and NMF National Marine Fisheries service Rehabilitative Services GS United States Geological Survey DOS Florida Department of State DOT Florida Department of Transportation FMP Florida Marine Patrol FSG Florida Sea Grant MFC Marine Fisheries Commission DAC Florida Department of Agriculture and Consumer Services Source: modified from the Indian River Lagoon Joint Reconnaissance Report, 1987 4 Local Regional State Federal LGr CGT LDD MCD 1CD SWC It PC AFMD FIN DAC DCA DER DNR GW 11RS DOS DOT FMP nG MFC CG COE EPA FWS NMF GS Dredge and Fill Permitting 00 0 0 0 .. .. ... ... ........ .... ...... ........ .. Docks, Fishing Piers-, Seawalls 0 0 ... ........ ........ 0 0 . ........ . Marinas 0 0 0 0 0 .. ........ . Submerged Lands Management 0 Habitat Protection 0101 010 0 Ol Ol 0 ", ...... ..... . ... Mangroves/Wetlands Protection 0 0 0 0 0 Sealtrass Protection 0 0 0 0 0 Habitat Restoration 0 0 0.0 0 0 ix: Mangroves/Wetlands Restoration 0 0 0 0 0 Seagrass Restoration 0 0 0 Resource Inventory 0 0 010 ... ... 0 0 ................. .... ........ Manatees/Porpoises 0.0. 0 . ..... ........ ... . ....... .. .......... Endangered Species 00 0 0 0 0 0 0 0 X...... ........ .. Shellfish/Aquaculture 0 0 'xx ..... .... . .. ... I .......I. .... ........ ........ 0 0 ........ X@ .... . . ........ ........ .... ... ....... 0 0 0 0 0 0 0 Public Awareness/Education 0 ....... ....... ......... . .. -X: . . ........ ....... . ....... . . .. . ...... ....... . ........ . ........ ... . . ........ 0 0 0 0 Research ..... 00 .. .. .... ... Fisheries Research 0 0 . . . . . . . . . ...... ....... .... ... .... . ... ..... ... ........ Fisheries Management 0 ...... 0 '00 1 0,0 .. ........ .... . Recreational Fishing ..... ........ ....... 0 1010 0 00 ..... ....... ... ........ ....... ........ ... ... ... Commercial Fishing 0 0 0 0 0 Wildlife Management 0 0 0 . . ........ Mosquito Impoundments 0 10 0 0 Historical/Archeological Sites 0 0 0 0 0. . ..... ........ Water Quality 0 0 010 0 0 . . .. ......... 101- ... . ....... ........ .. Nonpoint Source Pollution 0 0 0 0 0 . ........ ... ..... ........ Point Source Pollution 0.0. 0 0 0 0 ......... . .... .. .. ........ . ..... ::W Oil/Chemical Spills 0 0 0 0 ........ ........ ..... ........ Drainage/Freshwater Control 0 0 0 0 0 0 01 1 1 A .. ........ .. .. ........ ...... Emergency Response 0 '0 0 0 0 .. ........ Upland Development 0 0 ..... 10 . . . . ...... Land Use Planning 0 0 0 A Navigational/Boating 0101 0 20: 0 0 0 0 ...0 0 ......... Recreational Areas 0 0 0 0 el @i w: 04 ......- Midges and Roads 0 .4' 010101 1 1 1 '1@ 64 Table 6. Marion Courft Ordinances Ordinance R29ullation 71-2 Prohibits the dumping of trash in any water body in Marion County. 84-16 Empowers the Board of County Commissioners to set speed limits for motorboats on water bodies within Marion County. 86-11 Prohibits SCUBA diving in the headwaters of the Silver River. 65 41 If 66 CHAPTER Vill STAFFING AND FISCAL NEEDS For an aquatic preserve management program to be meaningful, adequate staff and fiscal needs must be provided for in order to implement the management plan. Hopefully much of the staff needs for the Oklawaha River Aquatic Preserve can be met by existing personnel. The Lake Weir Aquatic Preserve is near the Oklawaha River Aquatic Preserve. It is suggested that the field staff charged with management of the Lake Weir Aquatic Preserve also assume management authority for the Oklawaha River Aquatic Preserve, if the additional management responsibility can be adequately met. If not, then additional personnel must be provided for. If it is feasible for the Lake Weir staff to assume the Oklawaha River Aquatic Preserve management, then additional operating expenses will be incurred by that field office and must be provided for. An estimate of the additional expenses to be incurred by the Lake Weir Preserve staff due to assuming management of the Oklawaha River Preserve is as follows: SALARYJOVERTIME Environmental Specialist $ 5,000 Secretary $ 2,000 OPERATING CAPITAL OUTLAY Office Equipment $ 2,000 Education Materials $ 2,500 OPERATING EXPENSES Vehicle Maintenance, Fuel $ 2,000 Boat/Motor Maintenance, Fuel $ 1,500 Office/Education Supplies $ 1,000 TOTAL ESTIMATE $16,000 67 *1 4 A 68 CHAPTERIX RESOURCE AND PROGRESS MONITORING PROGRAM To ensure that Oklawaha River Aquatic Preserve management plan is effectively implemented, it will be necessary to institute a program to not only monitor the resources within the preserve, but to also monitor and evaluate the effectiveness of the management program and amend the program as necessary. Two programs that will need to be implemented toward this end are: (1) monitor changes in the biological resources over time, and (2) record the accomplishments achieved and goals and objectives met by the Oklawaha River Aquatic Preserve Program. These monitoring programs will consist of the following: A. RESOURCE MONITORING To monitor changes in the natural resources, a database system that is readily edited and changed is desirable. An example of such a system is a geographic information system (GIS). A GIS is a computer-based system that is used to capture, edit, display, and analyze geographic information. The first GIS programs were developed about 20 years ago to manage large collections of natural resource and environmental information. Since their development, they have been used in other areas such as utilities mapping, inventory management, and land use planning. Development of a GIS database for the Oklawaha River Aquatic Preserve will greatly facilitate the efficacious collection, manipulation, and analysis of natural resource data for the preserve. Development and maintenance of a GIS system will include the periodic inventory, compilation, and analysis of temporal and spatial data concerning the present state of the natural resources within the preserve. Historical aerial photography can be computerized for comparison with later data to conduct a temporal analysis of resource abundance. Detailed monitoring of revegetation/restoration efforts can also be computer analyzed. The on-line access to these natural resource databases will facilitate informed management decisions concerning the use and protection of submerged lands and their resources. Cooperation and file sharing is possible with other agencies handling such data with identical and similar systems. B. PROGRESS MONITORING For the management plan to be effectively implemented, it is necessary to monitor the accomplishments and progress of the Oklawaha River Aquatic Preserve 69 Program on a regular basis. The purpose of this element is to detail the program's accomplishments in its pursuit of the goals and objectives outlined in Chapter VI. This information, to be submitted in a report once every three years to the Bureau Chief, will include an update of the biological resources' status within the preserve as well as identifying current human activities. This report will detail the following: 1. The state of the natural environment and resources of the aquatic preserve. a. Through the use of resource inventories and the GIS system, document the status of each biological resource. b. Identify the current number of structures/activities either started or completed in the preserve. These structures/activities will be categorized as follows: 1) authorized projects (e.g., private residential single docks, multi-family fishing piers), 2) unauthorized projects, and 3) projects not in compliance with the original authorization. c. Identify the current impacts of recreational use of the preserve upon the natural resources within the preserve. 2. A list of accomplishments of those tasks outlined in Chapter VI. a. Each task will be listed and the activities required to complete that task will be detailed. If the task was not done or not completed, an explanation will be given. If the explanation was due to insufficient funding/staff, then this fact will be detailed so that an update of Chapter VII can be made. 3. Any new goals and/or objectives will be reflected in an update of Chapter VI. 70 REFERENCES BigeloW, G.E. History of Man in the Oklawaha Valley. Pp. 47-49 in Carr, M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha Regional Ecosystem. Florida Defenders of the Environment, Gainesville, Florida. 1970. Environmental Research and Technology, Inc. Cross Florida Barge Canal Restudy Report, Benthic Macroinvertebrates and Plankton Communities of the Associated Aquatic Systems for the Proposed Cross Florida Barge Canal, Vol. 11. Prepared for U.S. Army Corps of Engineers, Jacksonville District. Jacksonville, Florida. 1976. Florida Chapter Soil and Water Conservation Soci ety. 26 Ecological Communities of Florida. Revised July 1989. Florida Defenders of the Environment. An Outstandina Florida Water Petition for the Oklawaha River. March 1987. Florida Department of Natural Resources. Aquatic and Wetland Plants of Florida. Bureau of Aquatic Plant Research and Control. Tallahassee, Florida. 1986. Florida Department of Natural Resources. Florida Rivers Assessment. December 1989. Florida Game and Fresh Water Fish Commission. Cross Florida Barge Canal Restudy Report, Wildlife Study. Vol. 1. Prepared for U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, Florida. 1976a. Cross Florida Barge Canal Restudy Report, Fisheries, Vol. 11. Prepared for U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, Florida. 1976b. Cross Florida Barge Canal Restudy Report, Endangered, Threatened, Rare, Special Concern, Status Undetermined and Biologically Sensitive Species. Prepared for U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, Florida. 1976c. Addendum Report, March. Appendix 43 in Final Environmental Statement: Proposal for the Oklawaha River, Ocala National Forest, 3 Vol. U.S. Forest Service, Washington, D.C. 1972. . Official Ust of Endangered and Potentially Endangered Fauna and Flora in Florida. Tallahassee, Florida. 1986. 71 Florida Natural Areas Inventory and the Florida Department of Natural Resources. Guide to the Natural Communities of Florida. February 1990. Hand, Joe, Victoria Tauxe, Mark Friedman, Leland Smith. 1990 Florida Water QualijY Assessment 305(b) Technical Aggendix. State of Florida Department of Environmental Regulation, Water Quality Monitoring and Quality Assurance Section, Bureau of Water Quality Management, Division of Environmental Programs, Tallahassee, Florida. June 1990. Joyce Environmental Consultants, Inc. Cross Florida Barge Canal Restudy Report, Aquatic Vegetation Study. Prepared for U.S. Army Corps of Engineers, Jacksonville District, Jacksonville, Florida. 1976. Lake County Water Authority. A Review of Selected Lake County Water-Related Resources with Recommendations for Preservation and Protection. Tavares, Florida. 1985. Lanier, S. Florida: Its Scenery, Climate, and History. J.B. Lippincott and Company. Philadelphia, Pennsylvania. 1876. Layne, J.N. Terrestrial Wildlife of the Oklawaha Regional Ecosystem. Pp. 35-42 in Carr, M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha Regional Ecosystem. Florida Defenders of the Environment. Gainesville, Florida. 1970. Lugo, A., and A. Carr. Vegetation of the Oklawaha Regional Ecosystem. Pp. 29-33 in Carr, M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha Regional Ecosystem. Florida Defenders of the Environment, Gainesville, Florida. 1970. McKinney, S. P., L Snyder, and W. Borokowski. 1983-1984 Fish Management Annual Progress Report. Florida Game and Fresh Water Fish Commission, Central Region. Ocala, Florida. 1984. Mitchell, C.B. Paddle-Wheel Inboard. The American Neptune, A Quarterly Journal of Maritime History, April, pp. 115-239. American Neptune, Inc., Salem, Massachusetts. 1947. Penak, R. W. Fresh-Water Invertebrates of the United States.The Roland Press Co., New York. 1953. Pratt, H. S. A Manual of Common Invertebrate Animals - Exclusive of Insects. McGraw- Hill Book Co., Inc., New York. 1935. 72 Reid, G. K. The Native Aquatic Fauna of the Oklawaha River. Pp. 43-46 in Carr, M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha Regional Ecosystem. Florida Defenders of the Environment, Gainesville, Florida. 1970. Stevenson, H.M. Vertebrates of Florida, Identification and Distribution. Florida State University Book, University Presses of Florida. Gainesville, Florida. 1976. United States Department of Agriculture, Forest Service. 'Final Environmental Statement: Prog osal for the Oklawaha River, Ocala National Forest. Washington, D.C. 1973. St. Johns River Water Management District. SWIM Plan for the Ugger Oklawaha River Basin. 1989. 73 -1 Ci A 74 APPENDIX A LISTS OF PLANT AND ANIMAL SPECIES A-1. Aguatic Plants of the Oklawaha Common Name Scientific Name Alligator Weed Alternanthera philoxeroides Water Hemp Amaranthus cannabinus Carolina Aster Aster carolinianus Marsh Marigold Bidens laevis Beggar Tick Bidens mitis Buttonbush Cephalanthus occidentalis Coontail Ceratol2hyllum demersum Water Hemlock Cicuta maculata Elephant Ear Colocasis antiquorum Spider Lily Crinum americanum Water Hyacinth Eichhornia crassil2es Slender Spikerush Eleocharis baldwini Willow Moss Fontalis sp. Marsh Hibiscus Hibiscus moscheutos Hydrilla Hydrilla verticillata Water Pennywort Hydrocale ranunculoides Whorled Pennywort Hydrocmle verticillata Virginia Willow Itea virginica Juncus Rush Juncus sp. Common Duckweed Lemna minor Water Purslane Ludwigia palustris Primrose Willow Ludwigia peruviana Southern Pickerelweed Pontederia cordata Spatterdock Nuphar sp. Maidencane Panicurn hemitomon Water Lettuce Pistia stratiotes Southern Smartweed Polygonurn densiflorum Smartweed Polygonum pengytvanicum Swamp Rose Rosa palustris Swamp Dock Rumex verticillateus Carolina Willow Salix caroliniana Cattail jypha latifolia Lizard's'Tail Saururus cernus Wolfiella Wolfiella floridana Vallisneria Vallisneria americana Narrowleaf Cattail Typh angustifolia Wild Rice Zizania aquatica Giant Cutgrass Zizaniopsis miliacea Source: Joyce Environmental Consultants (1976). 75 A-2. Mixed-SWIMIR S112NIes Common Name Scientific Name Carolina Ash Fraxinus caroliniana Pumkin Ash Fraxinus 12rofunda Southern Red Maple Acer rubrum Poison Ivy ToAcodendron radicans Bald Cypress Taxodium distichum Florida Elm Ulmus americana var. floridana Black Gum Nyss gylvatica var. biflora Virginia Willow Itea virainiana Cabbage Palm Sabal Qalmetto Climbing Hydrangea Decumaria barbara Dahoon Holly Ilex cassine Wax Myrtle Myrica cerifera Buttonbush Cel2halanthus occidentalis Royal Fern Osmunda reaalis Swamp Bay Persea galustris Greenbriar Smilax sp. Loblolly Bay Gordonia lasianthus Laurel Oak Quercus laurifolia Cinnamon Fern Osmunda cinnamomea Trumpet Vine Ludwigia sp. Elderberry Sambucus canadensis Fetterbush Lyonia lucida Water Parsnip Sium suave Swamp Dogwood Cornus stricta Wild Grape Vitis sp. Sweet Bay Magnolia virginiana Virginia Creeper Parthenocissus quinquefolia Sources: Florida Game and Fresh Water Fish Commission (1976a), USDA Forest Service (1976). 76 A-3. Hydric Hammock SID921168 Common Name Scientific Nam Bluestem Palmetto Sabal mino Cabbage Palm Sabal Qalmetto Poison Ivy Toxicodendron radims Sweetgum Liguidambar Mraciflua Greenbriar Smilax sp. Red Maple Acer rubrum Wax Myrtle Myri cerifera Laurel Oak Quercus laurifolia, Ironwood Carpinus caroliniana. Airplant Tillandsia bartramii Carolina Ash Fraxinus caroliniana Wild Grape Vitis sp. Netted Chain Fern Woodwardia areolata Fetterbush Lyonia lucida Walter Viburnum Viburnum obovat m Resurrection Fern Polypodium polypodioides Swamp Bay Persea palustris Water Hickory Ca!y aguatica Hackberry Celtis laeviaata Virginia Creeper Parthenocissus guinquefolia American Holly Illex apaca, Rattan Vine Berchemia scandens Yellow Jessamine Gelsemium sempervirens Beautyberry CallicarDa americana Swamp Rose Rosa palustris Cedar Elm Ulmus crassifolia Sources: Florida Game and Fresh Water Fish Commission (1976a), USDA Forest Service (1976). 77 A-4. Mesic Hammock AlRecles Common Name Scientific Name White Ash Fraxinus americana Bluestern Palmetto Sabal minor Cabbage Palm Sabgl galmetto Sweetgum Liquidambar Mraciflua Pignut Hickory Ca1ya glabra Saw Palmetto Serona regens Sparkleberry Vaccinium arboreum Water Oak Quercus Dj'gra Live Oak Quercus vi[giniana. Yellow Jessamine Gelsimeum ggWervirens Swamp Chestnut Oak Quercus michauxii Poison Ivy Toxigodendron radicans Wild Grape Vitis sp. Partridgeberry Cas@ia fasciculata Greenbriar Smilax sp. Resurrection Fern Polygodium 12olygoidioides Beautyberry CallicaMa americana Shumard Oak Quercus shumardii Laurel Oak Quercus Iaurifolia Virginia Creeper Parthenocissus auinauefolia Ironwood Carl2inus caroliniana Panicum grass Panicum sp. Spanish Moss Tillandsia usneoides Wild Sarsaparilla Smilax gumila Southern Magnolia Magnolia arandiflora Wax Myrtle Myrica cerifera Blue Palm Sabal minor American Holly Ilex -opaca Southern Red Cedar Juniperous silicicala Sumac Rhus col2allina Winged Elm Ulmus alata Sources: Florida Game and Fresh Water Fish Commission (1976a), USDA Forest Service (1976). 78 A-5. Xerlc Hammock Species Common Name Scientific Name Laurel Oak Quercus laurifoli Saw Palmetto Serenoa repens Wild Grape Yk sp. Sparkleberry Vaccinium arboreurn Rusty Lyonia Lyonia ferruginea, Pignut Hickory Ca[ya glabra Live Oak Quercus virainiana var. virginiana Sand Live Oak Quercus virainiana var. geminata Yellow Jessamine Gelsimium sempervirens American Holly Ilex opaca Resurrection Fern Polypoides polypodioides Blueberry species Vaccinium sp. Spanish Moss Tillandsia usneoides Beautyberry Callicarl?a americana Greenbriar Smilax sp. Myrtle Oak Quercus mvrtifolia Southern Magnolia Magnolia arandiflora Red Bay Perspa borbonea Scrub Palmetto Sabal etonia Wild Olive Osmanthus americanus Coontie Zamia integrifolia Witch Hazel Harnarnelis virginiana Deer Tongue Trilisga odoratissima Bracken Fern Pteridium aguilinurn Air Plant Tillandsia bartramii Fringe Tree Chionanthus virinicus Devil's Walking Stick Aralisi spinosa Viburnum species Viburnum sp. Sources: Florida Game and Fresh Water Fish Commission (1976 a), USDA Forest Service (1976). 79 A-6. Loblolly Me Hammock Common Name Scientific Name Loblolly Pine Pinus taeda Sweetgum Ljqudambar gVraciflua Cabbage Palm Sabal 12almetto Water Oak Quercus, DM'ra Panicum Grass Panigum sp. Wax Myrtle Myrica cerifera Greenbriar Smilax sp. Elephant's Foot Elephantopus sp. Beautyberry Callica[pa amencana Live Oak Quercus virginiana var. vir-giniana Virginia Creeper Parthenocissus quinquefolia Poison Ivy Toxicodendron radicans Black Haw Viburnum obovaturn Saw Palmetto Serona rel2ens Winged Elm Ulmus alata Wild Grape MI!ja sp. Trumpet Vine Ludwigia sp. Resurrection Fern Polvoodium polypodloides Partridge Berry Cassia fasciculata Persimmon DiosgyLos virainiana Yellow Jessamine Gelsqmium sempervirens Custard Apple Asimina L:)yamaea Southern Red Cedar Junil2erus silicicola Ironwood Carpinus carolinana Paw Paw Asimina triloba Slash Pine Pinu@ elliotti Spikegrass Chasmanthium sp. Sources: Florida Game and Fresh Water Fish Commission (1976a), USDA Forest Service (1976). 80 A-7. AmRhlblans Common Name Scientific Name Bronze Frog Rana clamitans clamitans River Frog Rana heckscheri Gray Tree Frog �Iyla ch[ysoscelis Southern Leopard Frog Rana pil2ens sghenoceptala Green Tree Frog �jXIa cinerea Squirrel Tree Frog �!yla squirell Lesser Siren IjMn intermedia Southern Toad Bufo terrestris Greater Siren Siren lacertina Two-Toed Amphiuma Amghiuma means Southern Dusky Salamander Desmo-anathus auriculatus Pig Frog Rana _qrXl@io Peninsula Newt Notophthalmus viridescens piaropicola Slimy Salamander Plethodon alutinosus Dwarf Salamander Manculus guadridigitatus Barking Tree Frog Byla gratiosa Greenhouse Frog EleutherodagNIus planirostris Florida Cricket Frog AgEig crepitans crepitans Little Grass Frog Limngoedus ocularis Southern Spring Peeper jjy1a crucifer bartramiana Narrow-Striped Dwarf Siren Pseudobranchus striatus axanthus Bullfrog Rana catesbeiana Eastern Narrow-Mouthed Toad Gastroghyrne carolinensis Pinewoods Tree Frog �!yla femoralis Florida Chorus Frog Pseudoacris nigrit nigrita Oak Toad Bufo quercicus Striped Newt Notophthalmus perstriatus Sources: Florida Game and Fresh Water Fish Commission (1976a), Stevenson (1976). 81 A-8. Reptiles Common Name Scientific Name Florida Cottonmouth Aakistrodon giscivorus conanii Striped Mud Turtle Kino-sternon bauri oalmarum Yellow Rat Snake Elaphe obsoleta guadrivittata Broad-Headed Skink Eumeces; laficegs Eastern Mud Snake Farancia abacur Green Anole Anolis carolinensis Florida Banded Water Snake Natrix fasciata fasciata Brown Water Snake Natrix taxispilota American Alligator Alliaator mississil2giensis Ground Skink Scinella lateralis Southern Ringneck Snake Diadoghis punctatus.punctatus Scarlet King Snake Lamprol2eftis trianaulum Florida Box Turtle Terrapene caroling Southern Black Racer Coluber constrictor priapus Yellow Upped Snake Rhadinaea flavilata Rough Earth Snake Virainia striatula Eastern Glass Lizard Oghisaurus ventralis Stinkpot Turtle Sternothaerus odoratus Five-Uned Skink Eumeces fasciatus Peninsula Cooter Ch[ysgMys floridana floridana Eastern Indigo Snake D!ymarchon corais cougeri Florida Black Swamp Snake Seminatrix Dyaaea _D)taae Dusky Pigmy Rattlesnake Sistrurus miliarius Eastern Diamondback Rattlesnake Crotalus adamanteus Eastern Coral Snake Micrurus fulvius Eastern Fence Lizard Scelogorus undulatu Florida Mud Turtle Kinosternon subrubrum steindachneri Florida King Snake Lamgrol2eftis getulus getulus Florida Brown Snake Storeria dekavi victa Striped Swamp Snake Regina Aftni Florida Snapping Turtle Chelydra sen2entina Florida Red-Bellied Turtle Ch!yspnys nelsoni Florida Softshell Turtle Trionvx ferox Loggerhead Musk Turtle Sternotherus minor minor J Eastern Rainbow Snake Farancia eWrogramma eWroaramma Sources: Florida Game and Fresh Water Fish Commission (1976a), Stevenson (1976). 82 A-9. Birds fj2age 1 of 2) Common Name Scientific Name Pileated Woodpecker D[yocopus pileatus Prothonotary Warbler Protonotaria citrea Limpkin Aramus ouarauna Acadian Flycatcher Empidonax virescens Wood Duck Aix sponsa Great Blue Heron Ardea herodias Yellow-Billed Cuckoo CocQLzus americanus Great Egret Casmerodius albus White Ibis Eudocimus albus Belted Kingfisher MegacgUle a1gyon Anhinga Anhinaa anhinaa Red-Eyed Vireo Vireo olivaceus Carolina Wren Th[yothorus ludovicianus Tufted Titmouse Parus bicolor Turkey Meleagris gallopavo Red-Bellied Woodpecker Centurus carolinus Cardinal Cardinalis cardinalis Great-Creasted Flycatcher Myiarchus crinitus Little Blue Heron Earetta caerulea Common Grackle Quiscalus auiscula Green Heron Butorides virescens Common Crow Coryus brachyrhynchos Downy Woodpecker Dendrocopos gubescens Red-Winged Blackbird Agelaius phoeniceus Blue Jay Cyanocitta cristata Yellow-Throated Vireo Vireo flavifrons Common Gallinule Gallinula chloropus Black Vulture Coragyl2s atratus Turkey Vulture Cathartes aura Cattle Egret Bubulcus ibis Summer Tanager Piranga rubra Brown Thrasher jaxostoma rufum Snowy Egret Egretta thula Louisiana Heron Egretta tricolo Mockingbird Mimus polyalottos Carolina Chickadee Parus carolinensis Osprey Pandion haliaetus Purple Gallinule Porghyrula martinica Bald Eagle Haliaeetus leucocel2halus Swallow-Tail Kite Elanoides forficatus Eastern Phoebe Sgyornis phoebe American Robin Turdus miaratorius 83 A-9. Birds (gage 2 of Common Name Scientific Name Black-And-White Warbler Mniotilta, Igig Yellow-Bellied Sapsucker S12hyraRtus varius Cedar Waxwing Bombyg@illa cedorum Ruby-Crowned I(inglet Regulus calendula White-Eyed Vireo, Vireo ariseus A. Northern Parula Warbler Parula americana Yellow-Rumped Warbler Dendroica corongta Pine Warbler Dendroica 12inus Yellow-Throated Warbler Dendroi dominica Red-Tailed Hawk Buteo Red-Shouldered Hawk Buteo lineatus Sandhill Crane Grus canadensis Killdeer Charadrius vociferus Red-Cockaded Woodpecker DendrOCODOs borealis Black-Crowned Night Heron Nycticorax nycticorax Yellow-Crowned Night Heron Nyctamassa violacep Sources: Florida Game and Fresh Water Fish Commission (1976a), Stevenson (1976). 84 A-10. Mammals Common Name Scientific Name Southern Myotis Myotis austroriparius Evening Bat Nycticecius humeralis Seminole Bat Lasiurus seminolus Red Bat Lasiurus borealis borealis Raccoon Progyon lotor River Otter Lutra canadensis Virginia Opossum Didelphis marsupialis pigra Eastern Piperstrelle Pipistrella subflavus Hoary Bat - Lasiurus cinerus cinerus Grey Squirrel Sciurus carolinensis Southern Flying Squirrel Glaucomys volans Cotton Mouse Peromyscus gossypinus White-Tailed Deer Odocoileus virainianus Eastern Wood Rat Neotoma floridana Armadillo Dasypus novemcinctus Bobcat U-nx rufus floridanus Marsh Rabbit Sylvilagus palustris Wild Hog Sus scrofa Grey Fox Urogyon cinereoaroentes Fox Squirrel Sciurus nigff Striped Skunk Meghitis mephitis Black Bear Ursu5 americanus floridanus Short-Tailed Shrew Blarina brevicauda Southeastern Shrew Sore lonairostris Least Shrew C[yptotis parva Hispid Cotton Rat Siamodon hispidus West Indian Manatee Trichgchus manatus latriostris Sources: Florida Game and Fresh Water Fish Commission (1976a), Stevenson (1976). 85 '@rl i --A, 86 APPENDIX A Administrative Codes (R. 3/97) V. 9, p. 692-20 19-20.002 CHAPTER 18-20 (c) To coordinate with federal. state. and local FLORIDA AQUATIC PRESERVES agencies in aid in carrying out the intent of the 18-20.001 Intent. Legislature in creating the preserves; 18-20.002 Boundaries and Scope of the (d) To use applicable federal, state. and local Preserves. management programs, which are compatible with 18-20.003 Definitions. the intent and provisions of the act and these rules. 18 20.004 Management Policies. Standards and to assist in managing the preserves; and Criteria. (c) To encourage the protection. enhancement 18-20.005 Uses Sales Leases, or Transfer of or .restoration of the biological, aesthetic, or Interests in Lands, or Materials, scientific values of the preserves. including but not Held by the Board. (Repeated) limited to the modification of existing manmade 18-20.006 Cumulative Impacus conditions toward their natural condition, and 18-20.007 Protection of Riparian Rights. discourage activities which would degrade the (Repealed) aesthetic. biological. or scientific values. or the 18-20.008 Inclusion of Lands, Title in Which quality, or utility of a preserve, when reviewing Is Not Vested in the Board, in a applications, or when developing and implementing Preserve. management plans for the preserves; (f) To preserve, promote, and utilize indigenous 18-20.009 Establishment or Expansion of Aquatic Preserves. life forms and habitats, including but not limited in: 18-20.010 Exchange of Lands. sponges, soft coral. hard corals, submerged grasses, 18-20.011 Gifts of Lands. mangroves. salt water marshes. fresh water 18-20.012 Protection of Indigenous Life marshes, mud flats, estuarine. aquatic, and marine reptiles, game and non-game fish species, estuarine. Forms. aquatic and marine invenebraties, estuarine. 18-20.013 Development of Resource aquatic and marine mammals, birds, shellfish and Inventories ' and Management mollusks; Plans for Preserves. (g) To acquire additional title interest in lands 18-20.014 Enforcement. Wherever such acquisitions would serve to protect or 18-20.015 Application Form. (Repealed) enhance the biological, aesthetic, or scientific values 18-20.016 Coordination with Other of the preserves; Governmental Agencies. (h) To maintain thoes beneficial hydrologic and 18-20.017 Lake Jackson Aquatic Preserve. biologic functions the benefits of which accrue to Library Referencee Riparian rights to navigable waters, the public at large. I. Henry Dean 55 Fla. Barj. 247. 250 (Mar- 1981). (4) Nothing in these rules shall serve to 18-20.001 Intent. eliminate or alter the requirements or authority of (1) All sovereignty lands within a preserve shall other governmental agencies. including counties be managed primarily for the maintenance of and municipalities, to protect or enhance the essentially natural conditions, the propagation of preserves provided that such requirements or fish and wildlife, and public recreation, including authority are not inconsistent with the act and this hunting and fishing where deemed appropriate by chapter. the board, and the managing agency. Specific Authority 120.53. 258.43(1) FS. Law (2) The aquatic preserves which are described in implemented 258.35. Formerly 16Q-20.01. Transferred from 16Q-20.001. 18-20.002 Boundaries and Scope of the Preserves 73-534, Laws of Florida. Sections 258.39. 258-391, (1) These rules shall only apply in those sovereignty lands within a preserve, title to which is 258.392 and 258.393, Florida Statutes, future vested in the board, and those other lands for which the board has an appropriate instrument aquatic preserves established pursuant to general or in writing,executed by the owner, authorizing the inclusion of specific lands in an aquatic special acts of the legislature and in Rule preserves established through general or special acts of the legislature, and 18-20.002. Florida Administrative Code, were pursuant to Rule 18-20.008, Florida Administrative Code. Any publicly owned and estblished for the purpose or being preserved in an maintained navigation channel authorized by the United States Congress, or other public works projects authorized by the United States Congress, designed to improve essentially natural or existing condition so that their aesthetic, biological and scientific values may or maintain commerce and navigation shall be deemed to be excluded from the endure for the enjoyment or future generations. (3) The preserves shall be administered and managed in accordance with the following goals (a) To preserve protect, and enhance these reasonable regulation or human activity within the preserves through the development and implementation of a implementation of a comprehensive management comprehensive management program; (b) To protect and enhance the waters or the preserves so that the public may continue to enjoy the traditiona recreational uses of those waters such as swimming. boating, and fishing, 87 (R. 3/87) 18-20.002 INTERNAL IMPROVEMENT TRUST FUND V. 9. p. 692-2P provisions of this chapter, pursuant to Subsection 181, pages 363-366, and in the Official Records of 258.40(2). Florida Statute. Furthermore. all lands Flagler County in book 33, pages 131-134. lost by avulsion or by artificly induced ersion 4. Tomoka Marsh Aquatic Preserve, as Shall be deemed excluded from the provisions of this described in the Official Records of Flagler County chapter pursuant to Subsection 2840(3). Florida in Book 33, pages 33. and in the Official Statutes. Records of County in Book 1244, pages (2) These rules do not apply to Boca Ciega Bay. 615-618. Pinellas County or Biscayne Bay Aquatic 5. Wekiva River Aquatic Preserve. as described Pinellas in Section 258.39(30). F.S. (3) These rules are promulgated to clarify the 6. Mosquitia Lagoon Aquatic Preserve, as responsibilities of the board in carrying out its land described in the Official Records of Volusia County management functions as those functions apply in Book 1244, pages 619-623. and in the Official within the preserves. Implementation and Records of Brevard County in book 1143. pages responsibility for environmental permitting of 190-194. activities and water quality protection within the 7. Banana River Aquatic Preserve, as described preserves are vested in the Department of in the Official Records of Brevard County in Book Environmental Regulation. Since these rules are 1143. pages 195-198. less thone lands dictated to considered cumulative with other rules, a person the U. S. A. prior to the enactment of the act. until planning an activity within the preserves should such time as the U. S. A. no longer wishes it to also consult the other applicable department rules maintain such lands for the purpose q(tar which they (Chapter 18-21, Florida Administrative Code, for were dedicated. at which timc such lands would example) as well as the rules of the Department of reven to the board. and he managed as pan (if the Environmental Regulation. preserve. (4) These rules shall not affect previous actions 8. Indian River - Malabar to Sebastian of the board concerning the issuance or any Aquatic Preserve. as described in the Official casement or lease; or any disclaimer concerning Records of Brevard County in Book 1143. pages sovereignty lands. 199-202. and in the Official Records of Indian (5) The intent and specific provisions expressed River County in Book 368, pages 5-8. in 18-20.00(e) and (f) apply generally to all 9. Indian River - Vern Beach to Fort Pierce existing or future aquatic preserves within the scope Aquatic Preserve. as described in the Official of this chapter. Upon completion of a resource Records or Indian River County in Book 368. pages inventory and approval of a management plan for a 9-12. and in the Official Records of St. Lucie preserve, pursuant to 18-20.013, the type County in Book 187, pages 1083-1086. designation and the resource sought to be preserved 10. Jensen Beach to Jupiter Inlet Aquatic may be readdressed by the Board. Preserve. as described in the Official Records of St. (6) For the purpose a clarification and Lucie County in Book 218, pages 2865-2869. interpretation, the legal description set forth as 11. North Fork. St. Lucie Aquatic Preserve. as follows do not include any land which is expresly described in the Official records of Martin County recognized as privately owned upland in a in Book 337, pages 2 159-2162) and in the Official pre-existing recorded mean high water line Records of St.Lucie County in Book 201, pages settlement agreement between the board and a 1676-1679. private owner or owners. Provided, however. in 12. Loxahatchec River - Lake Worth Creek those instances wherein a settlement agreement was Aquatic Preserve as described in the Official executed subsequent to the passage of the Florida Records of Martin County in Book 320, pages Coastal Mapping Act, the determination of the 193-196, and in the Official Records of Palm Beach mean high water line shall be in accordance with the County in Volume 1860, pages; 806-809. privisions of such act. 13. Biscayne Bay - Cape Florida to Monroe (7) Persons interested in obtaining details or County Line Aquatic Preserve as described in the particular preserves should contact the Bureau or Official Records of Dade County in Book 7055. State Lands; Management. Department of Natural pages 852-856. less. however. those lands and Resources, 3900 Commonwealth Blvd, waters as described in Section 258.165. F. S. Tallahassee, FL 32303 (telephone 904-488-2297). (Biscayne Bay Aquatic Preserve Act of 1974). and (a) The preserves are described as follows: those lands and waters within the Biscayne 1. Fort Clinch State Park Aquatic Preserve. as National Park. described in the Official Records of Nassau County 14. Lignumvitae Key Aquatic Preserve. as in Book 108. pages 343-346, and in Book 111, page described in the Official Records of Monroe County 409. in Book 502, pages 139-142. 2. Nassau River - St. Johns River Marshes 15. Coupon Bight Aquatic Preserve, as Aquatic Preserve. as described in the Official described in the Official Records of Monroe County Records of Duval County in Volume 3183. pages in Book 502. pages 143-146. 547-552 and in the Official Records a Nassau 16. Cape Romano - Ten Thousand Islands County in Book 108. pages 232-237. Aquatic Preserve. as described in the Official 3. Pellicer Creek Aquatic Preserve. as described Records of Collier County in Book 381, pages in the official Records Or SL Johns County in Book 298-301. 88 V.9,p.692-2Q Florida Aquatic Preserves (R. 3/87) 18-20.003 17. Ronkery Bay Aquatic Preserve, as described negotiate an arrangement with any such private in section 258.39(31),FS. upland owner by which such land may be included 18. Wnero Bay Aqulatic Preserve as described in in the preserve. Section 258.39(28), Florida Statutes. 33. Terra Ceia Aquatic Preserve, as described in 19. Pine Island Sound Aquatic preserve, as Section 248.393, Florida Statutes. described in the Official Records of Lee County in 34. Future aquatic preserves established Book 648, pages 732-736. pursuant to general or special acts of the legislature. 20. Matlacha Pass Aquatic Preserve, as Specific Authority 120.53, 258.43(1) FS Law described in the official Records of Lee county in implemented 258.39,258.391,258.392,258.393.25840 Book 800, pages 725-728. 258.41, 258.442,258.44.258.45 FS. History- 21. Gasparilla Sound- Charlotte Harbor New 2-23-81. Amended 8-7-85. Formerly 16Q-20.02. Aquatic Preserve, as descibed in Section 258.392, Transferred from 16Q-20.002. F.5. 18-20.003 Defintions. When used in these 22. Cape Haze Aquatic Preserve, as described in rules, the following words shall have the indicated Section 258.39(29). F.S. meaning unless the context clearly indicates 23. cockroach Bay Aquatic Preserve, as otherwise: described in Section 258.391, F.S. (1) "Act" means the provisions of Section 258.35 24. St. Maruins Marsh Aquatic preserve, as though 258.46, F.S., the Florida Aquatic Preserve described in the Official Records of Citrus County Act. in book 276, pages 238-241. (2) "Activity" means any project and such other 25. Alligator harbor Aquatic Preserve, as human action within the preserve requiring board described in the official recors of Franklin pproval for the use,sale,lease or trandfer of County in Volume 98, pages 82-85. interest in sovereignty lands or materials, or which 26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of described in the Official records of Gulf County in environmental Regulations. book 46, pages 77-81, and in the Official Records of (3) "Aesthetic values" means scenic Franklin County in volume 98,pages 102-106. characteristics or amentities of the preserve in its 27.St. Joseph Bay Aquatic Preserve, as essentially natural state or condition, and the described in the Official Records of Gulf County in maintenance therof. Book 46, pages 73-76. (4) "Applicant" means any person making 28. St. Andrews State Park Aquatic Preserve, as an activity wihtin the preserve. described in the Official Records of Bay C0unty in interest in state owned lands or any other necessary Book 379, pages547-550. form of governmental approval in order to perform 29. Rocky Bayou State Park Aquatic Preserve, an activity within the preserve. as described in the Official Record of Okaloosa (5) "Beneficial biological functions" means County in Book 593,pages 742-745. interactions between flora, fauna and physical or 30. yellow rover marsh Aquatic Preserve,as chemical attribustes of the environment, which described in the Official Records of Santa Rosa provide binifits taht accrue to the public at large, County in Book 206, pages 568-571. including,but not limited to: nutrient, pesticide and 31. Fort Pickens State Park Aquatic Preserve, as heavy metal uptake;sediment retention;nutrient described in the Official Records of Santa Rosa conversion to biomass;nutrient recycling and County in Book 220, pages 60-63, in the Official oxygenation. Records of Escamia conty in Book 518, pages (6) "Beneficial hydrological functions" means 659-662,less the lands dedicated to the U.S.A. for interactions between flora, fauna, and physical the establishment of the Gulf Islands National geological or geographical attributes of the Seashore prior to the enactmetn of the act, until suchenvironment, which provide benefits that accre to time as teh U.S.A. no longer wishes to maintain the public at large, including, but not limited to: such lands for the purpose for which they were retardation of storm water flow; storm water dedicated, at which time such lands would revert to retention; and water storage, and periodical release; the board and be managed as part of the preserve. (7) "Biological values" means the preservation 32. For the purpose of this section the and promotion of indigenous life forms and habitats boundaries of the Lake Jackson Aquatic Preserve, including, but not limited to: sponges, soft corals, shall be the body of water in Leon County known as hard corals, submerged gresses, mangroves. Lake Jackson in Sections 1,2,3,5,10,11,and 14 saltwater marshes, fresh water marshes, mud flats, township 1 North, Range 1 West and Sections 11, marine, esstuarine, and aquatic reptiles, games and 12,13,114,15,21,22,23,26,27,28,29,32,33,34 non-games fish species, marine, estuarine, and and 35. Township 2 North,Range 1 West lying aquatic mammals, marine, estuarine, and aqutic below the ordinary high wter line. Such lands shall invertebrates, birds and shellfish. include the submerged bottom lands and the water. (8) "Board" means the Governor and Cabinet column upon such lands, as well as all publicly sitting as the Board of Trustees of the Internal owned islands, within the boundaries of the improvement Trust Fund. preserve. Any privately held uplland wihtin the (9)"Channel" means a trench, the bottom of boundaries of the preserve shall be deemed to be which is normally covered entirely by water, with excluded therefrom; provided that the Board may the upper edges of its sides normally below water. 89 (R. 3/87) 13-20.003 INTERNAL IMPROVEMENT TRUST FUND V.9.p. 692-2R (10) "commercial, industrial and other revenue (22) "Preserve" means any and all of those areas generating/income related docks" means docking which are exceptional areas of sovereignty lands facilities for an activity which produces income. and the associated water body so designated in through rental or any other means, or which serves Section 258.39. 258.391. and 258.392. F.S. as an accessory facility to other rental, commercial including all sovereignty lands, to which is or industrial operations. It shall include, but not be vested in the board, and such other lands as the limited to docking for: marinas, restaurants, hotels, may acquire or approve for inclusion, and the motels, commercial fishing, shipping, boat or ship water column over such lands, which have been set construction, repair, and sales. aside to be maintained in an essentially natural or (11) "Department" means the State of Florida existing condition of indigenous flora and fauna and Department of Natural Resources, as administrator their supporting habitat and the natural scenic for the board. qualities and aenities thereof. (12) "Division" means the Division of State (23) "Private residential single dock" means a Lands, which performs all staff duties and functions dock which is used for private, recreational or related to the administration of lands title to which leisure purposes for a single family residence. is, or will be, vested in the board, pursuant to section cottage or other such single dwelling unit and which 253.002, F.S. is designed no more than two boats. (13) "Dock" means a fixed or floating structure, (24) "Private residential multi-slip dock" means including moorings, used for the purpose of a docking facility which is used for private berthing buoyant vessels either temporarily or recreational or leisure purposes for multi-unit indefinitely. residential dwellings which shall include but is not (14) "Essentially natural condition" means limited to condominiums, townhouses, subdivisions those functions which support the continued and other such dwellings or residential areas and existence or encourage the restoration of the diverse which is designed to three or more boats. population of indigenous life forms and habitats to Yacht clubs associated with residential the extent they existed prior to the significant developments, whose memberships or utilization of development adjacent to and within the preserve. the docking facility requires some real property (15) "Extreme hardship" means a significant interest in the residential area, shall also be burden, unique to the applicant and now shared by included. property owners in the area. Self-imposed (25) "Public interest" means demonstrable circumstances caused to any degree by actions of any environmental, social, and economic benefits which person subsequent to the enacument of the Act shall, would accrue to the public at large as a result of a not be consurued as an extreme hardship. Extreme proposed action, and which would clearly exceed all hardship under this act shall not be conscrued in demonsurable environmental, social and economic include any hardship which arises in whole or in costs of the proposed action. In determining the part from the effect of other federal, state or local public interest in a request for use, sale, lease, or laws, ordinances, rules or regulations. The term transfer of interest in sovereignty lands or severance may be inherent in public projects which are shown of materials from sovereignty lands, the board shall to be a public neccessity. consider the ultimate project and purpose to be (16) "Fill" means materials from any source, served by said use, sale, lease, or transfer of lands or deposited by any means onto sovereignty lands, materials. either for the purpose of creating new uplands or for (26) "Public navigation project" means a project any other purpose, including spoiling of dredged primarily for the purpose of navigation which is materials. For the purpose of this rule, the authorized and funded by the United States placement of pilings or riprap shall not be Congress or by port authorities as defined by considered to be filling. Section 315.02(2). F.S. (17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or lands, title to which is vested in the board, granted in improvements required for the protection of the accordance with specific terms set forth in writing. health and safety of the public, consistent with the (18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable complex used primarily for recreation. alternative exists. (19) "Oil and gas transportation facilities" (28) "Public utilities" means those services. means thos structures necessary for the movement provided by persons regulated by the Public Service of oil and gas from the production site to the Commission, or which are provided by rural consumer. cooperatives, municipalities, or other governmental (20) "Person" means individuals, minors, agencies, including electricity, telephone, public partnerships, corporations, joint ventures, estates, water and wastewater services, and structures trusts, syndicates, fiduciaries, firms, and all other necessary for the provision of these services. associations and combinations, whether public or (29) "Quality of the preserve" means the degree private, including governmental of the biological, aesthetic and scientific values of the (21) "Pier" means a structure in, on, or over preserve necessary for present and future enjoyment sovereignty lands, which is used by the public of it in an essentially natural condition. primarily for fishing, swimming, or viewing the (30) "Resource management agreement" means preserve. A pier shall not include a dock. a contractual agreement between the board and one 90 (R. 3/87) 18-20.004 V.9.p. 692-2S FLORIDA AQUATIC PRESERVES or more parties which does now create an interest in water and where the use of the water or sovereignty real property but merely authorizes conduct of lands is an integral part of the activity. certain management activities on lands held by the Specific Authority 258.4.3(1) F.S. Law Implemented board. 258.37.258.4.3(1) FS. History - New 2.25.81. Amended (31) "Resource Protection Area (RPA) 1" - 8-7-85. Formerly 16Q-20.03. Transferred from Areas within the preserves which have 16Q-20.003. resources of the highest quality and condition for 18-21, Florida Administrative Code (Sovereignty that area. These resources may include, but are not Submerged Lands Management) and shall be limited to corals; marine grassbeds; mangrove utilized in determining whether to approve. swamps; salt-water marsh; oyster bars; approve with conditions or modifications or deny all archacological and historical sites: endangered or requests for activities on sovereignty lands in threatened species habitat; and, colonial water bird aquatic preserves. nesting sites. (1) GENERAL PROPRIETARY (32) "Resource Protection Area 2" - Areas (a) in determining whether to approve or deny within the aquatic preserves which are in transition any request the Board will evaluate each on a with either declining resource protection area 1 case-by-case basis and weigh any factors relevant resources of new pioneering resources within under Chapter 253 and/or 258. Florida Statutes. resource protection area 3. The Board, acting as Trustees for all state-owned (33) "Resource Protection Area 3" - Areas lands, reserves the right to approve, modify or reject within the aquatic preserve that are characterized any proposal. by the absence of any significant natural resource (b) There shall be no further sale, lease or attributes. transfer of sovereignty lands except when such sale, (34) "Riparian rights" means those rights lease or transfer is in the public interest (see Section incident in lands bordering upon navigable waters, 18-20.004(2) Public Interest Assessment Criteria). as recognized by the courts of this state and comon (c) There shall be no construction of seawalls law. waterward of the mean or ordinary high water line, (35) "Sale" means a conveyance of interest in or filling waterward of the mean or ordinary high lands, by the board, for consideration. water line except in the case of public road and (36) "Scientific values" means the preservation bridge projects where no reasonable alternative and promotion of certain qualities or features which exists. have scientific significance. (d) There shall, in no case, be any dredging (37) "Shore protection structure" means a type waterward of the mean or ordinary high water line of coastal construction designed to minimize the rate for the sole or primary purpose of providing fill for of erosion. Coastal construction includes any work any area landward of the mean or ordinary high or activity which is likely to have a material physical water line. effect on existing coastal conditions or natural shore (c) A lease, easement or consent of use may be processes. authorized only for the following activities: (38) "Sovereignty lands" means those lands 1. a public navigation project; including, but not limited to: tidal lands, islands, 2. maintenance of an existing navigational sandbars, shallow banks, and lands waterward of channel; the ordinary or mean highwater line, to which the 3. installation or maintenance of approved State of Florida acquired title on March 3, 1845, by navigational aids; virtue of statehood, and of which it has not since 4. creation or maintenance of a divested its title interest. For the purposes of this commercial/industrial dock, pier or a marina; rule sovereignty lands shall include all submerged 5. creation or maintenance of private docks for lands within the boundaries of the preserve, title to reasonable ingress and egress of riparian owners; which is held by the board. 6. minimum dredging for navigation channels (39) "Spo " means materials dredged from attendant to docking facilities; sovereignty lands which are redeposited or 7. creation or maintenance of a shore protection discarded by any means, onto either sovereignty structure; lands or uplands. 8. installation or maintenance of oil and gas (40) "Transfer" means the act of the board by transportation facilities; which any interest in lands, including easements, 9. creation, maintenance, replacement or other than sale or lease, is conveyed. expansion of facilities required for the provision of (41) "Utility of the preserve" means fitness of public utilities; and the preserve for the present and future enjoyment of 10. other activities which are a public necessity its biological, aesthetic and scientific values, in an or which are necessary to enhance the quality or essentially natural condition. utility of the preserve and which are consistent with (42) "Water dependent activity" meana an the act and this chapter. activity which can only be conducted on, in, over, or (f) For activities listed in paragraphs adjacent to, water areas because the activity 18-20.004(1)(e)1.-10. above, the activity shall be requires direct access to the water body or sovereignty lands for transportation, recreation, energy production or transmission, or source of 91 (R. 3/87) 18-20.004 INTERNAL IMPROVEMENT RUST FUND V.9, p. 692-2t designed so that the structure or structures to be built in, on or over sovereignty lands are limited so structures necessary in conduct water dependent activities. (g) For activities listed in paragraphs 18-20.004(1)(e)7.,9, an d10. above, it must be demonstrated that no other reasonable alternative exists which would allow the proposed activity to be contructed or undertaken outisde the preserve. (h) The use of state-owned lands for the purpose of providing private or public road access to islands where such access did not previously exist shall be prohibited. The use of state-owned land sfor the purpose of providing private or public water supply to islands where such water supply did not previously exist shall be prohibited. (i) Except for public navigation projects and maintenance dredgin for existing channels and basins, any areas dredged to improve or create navigational access shall be incorporated into the preempted area of any required lease or be subject to the payment of a neotiated private casement fee. (j) Private residential multi-slip docking facilities shall require a lease. (k) Aquaculture and beach renourishment activities which comply with th estandards of this rule chapter and Chapter 18-21, Florida Administrative Code, may be approved by the board, but only subsequent to a formal finding of compatibility with the purposes of Chapter 258, Florida Statutes, and this rule chapter. (l) Other uses of the preserve, or human activity within th epreserve, although not originally contemplated, may be approved by the board, but only subsequent to a formal finding of campatibility with the purposes of Chapter 258, Florida Statutes, and this rule chapter. (2) PUBLIC INTEREST ASSESSMENT CRITERIA In evaluating requests for the sale, lease or transfer of interest, a balancing test will be utilitzed to determine whether the social, economic and/or environmental benefits clearly exceed the costs. (a) GENERAL BENEFIT/COST CRITERIA 1. any benefits that are balanced against the costs of a particular project shall be released to the affected aquatic preserve; 2. in evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves such as Apalachicola Bay shall be subject to a higher statndard than the more developed urban aquatic preserves such as Boca Ciega Bay: and, 3. for projects in aquatic preserves with adopted management plans, consistency with the management plan will be weighed heavily when determining whether th eproject is in the public interest. (b) BENEFIT CATEGORIES: 1. public access (public boat ramps, boatslips, etc.); 2. provide boating and marina services (repair, pumpout, etc.); 3. improve and enhance public health, safety, welfare, and law enforcement; 4. improved public land management; 5. improve and ehnace public navigation; 6. improve and enhance water quality; 7. enhancement/restoration of natural habitat and functions; and 8. improve/protect endangered /threatened/unique species. (c) COSTS: 1. reduced/degraded water quality; 2. reduced/degraded natural habitat and function; 3. destruction, harm or harassment of endangered or threatened species and habitat; 4. preemption of public use; 5. increasing navigational hazards and congestion; 6. reduced/degraded aesthetics: and 7. adverse cumulative impacts. (d) EXAMPLES OF SPECIFIC BENEFITS: 1. donation of land, conservation easements, restrictive covenants or other title interests in or contiguous to the aquatic preserve; 2. providing access or facilities for public land management activities; 3. providing public access easements and/or facilities, such as beach access, boat ramps, etc; 4. restoration/enhancement of altered habitat or natural functions, such as conversion of vertical bulkheads to riprap and/or vegetation for shoreline stabilization or re-establishment of shoreline or submerged vegetation; 5. improving fishery habitat through the establishment of artificial reefs or other such projects, where appropriate: 6. providing sewage pumpout facilities where normally not required, in particular, facilities open to the general public; 7. improvements to water quality such as removal of toxic sediments, increased flushing and circulation, etc; 8. providing upland dry storage as an alternative to wetslip; and 9. marking navigation channels to avoid disruption of shallow water habitats. (3) RESOURCE MANAGEMENT (a) All propesed activities in aquatic preserves having management plans adopted by the Board must demonstrate that such activities are consistent with the management plan. (b) No drilling of oil, gas or other such wells shall be allowed. (c) Utility cables, pipes and other such structures shall be constructed and located in a manner that will cause minimal distrubance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with traditional public uses. (d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only 92 (R.9/88) V.9, p. 692-2U FLORIDA AQUATIC PRESERVES structures shall be constructed and located in a manner that will cause minimal disturbance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with traditional public uses. (d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at a minimum, not harmful to the quality and utility of the preserve. (4) RIPARIAN RIGHTS (a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon th etraditional, common law and statutory riparian rights of upland riparian property owners adjeacent to sovereignty lands. (b) The evaluation and determination of the reasonable riparian rights of ingress and egress for private, residential multi-slip docks shall be based upon th enumber of linear fees of riparian shoreline. (c) For the purposes of this rule, a private, residential, single docking facility which meets all the requirements of Rule 18-20.004(5) shall be deemed to meet the public interest requirements of Rule 18-20.001(1)(b). Florida Administrative Code. However, tha applicants for such docking facilities must apply for such consent and must meet all of the requirements and statndards of this rule chapter. (5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES (a) All docking facilities, whether for a single or mulit-slip residential or commerical, shall be subject ot the following standards and criteria: 1. no dock shall extend waterward or the mean or ordinary high wtaer line more than 500 feet or 20 percent of the width of the waterbody at that particular location whichever is less; 2. certain docks may fall within areas of special or unique importance. These areas may be of significant biological, scientific, historic and/or aesthetic value and require special management considerations. Modifications may be more restrictive than the noramlly accepted criteria. Such modifications shall be determined on a case-by-case analysis, and may include, but shall not be limited to changes in location, configuration, length, width and heigth: 3. the number, lengths, drafts and types of vessels allowed to utilize the proposed facility may also be supulated; and 4. where local governments have more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail. (b) Private resdidential single docks shall conform tot he following specific design standards and criteria: 1. any main accent dock shall be limited to a maximum width of four (4) feet; 2. the dock decking design and construction will insure maximum light penetration, with full consideration of safety and practicality: 3. the dock will extend out from the shoreline on further than to a maximum depth of minus four (-4) feet (mean low water); 4. when the water depth is munus four (-4) feet (mean low water) at an existing bulkhead the maximum dock length from the bulkhead shall be 25 fee, subject to modifications accommodating shoreline vegetation overhang; 5. wave break devices, when necessary, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure; 6. terminal platform size shall be no more than 160 square feet; and 7. dredging to obtain navigable water depths in conjunction with private residential, single dock applications is strongly discouraged. (c) Private residential multi-slip docks shall conform to the following specific design standards and criteria: 1. the area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single docks, whichever is greater. A conservation casement or other such use srestriction acceptable to the Board must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate/waive andy further riparian rights of ingress and egress for additional docking facilities; 2. docking facilities and access channels shall be prohibited in Resource Protection area 1 or 2, excpet as allowed pursuant to Section 258.42(3)(c)1., Florida Statutes, while dredgin in Resource Protection Area 3 shall be strongly discouraged; 3. docking facilities shall only be approved in locations having adequate existing water depths in the boat mooring, turning basin, access channels, and other such areas which will acommodate the proposed boat use in order to insure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom at mean low water; 4. main access docks and connecting or cross walks shall not exceed six (6) feet in width; 5. terminal platforms shall not exceed eight (8) feet in width; 6. finger piers shall not exceed three (3) feet in width, and 25 feet in length; 7. pilings may be utilized as required to provide adequate mooring capabilities; and 8. the following provisions of Rule 18-20.004(5)(d) shall also apply to private residential multi-slip docks. (d) Commercial, industrial and other revenue generating/income related docking facilities shall conform to the following specific design standards and criteria: 1. docking facilities shall only be located in or near areas with good circulation, flushing and adequate water depths; 93 (R. 9/88) 18-20.006 INTERNAL IMPROVEMENT TRUST FUND V.9, p. 692-2v 2. docking facilities and access channels shall be prohibited in Resource Protection Area 1 or 2, except as allowed pursunt to Section 258.42(3)(e)1., Florida Statutes; while dredging in Resource Protection Area 3 shall be strongly discouraged: 3. the docking facilities shall not be located in Resource Protection Area 1 or 2; however, main access docks may be allowed to pass through Resource Protection Area 1 or 2, that are located along the shoreline, to reach an acceptable Resource Protection Area 3, provided that such crossing will generate minimal environemtnal impact; 4. beginning July 1, 1986 new docking facilities may obtain a lease only where the local governments have an adopted marina plan and/or policies dealing with the siting of commercial/industrial and private, residential, mulit-slip docking facilities in their local government comprehensive plan: 5. the siting of the docking facilities shall also take into account the access of the boat traffic to avoid marine grassbeds or other aquatic resources in the surrounding areas; 6. the siting of new facilities within the preserve shall be secondary to the expansions of existing facilities within the preserve when such expansion in consistent with the other standards: 7. the location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking; 8. marina siting will be coordinated with local governments to insure consistency with all local plans and ordinances; 9. marinas shall not be sited within state designated manatee sanctuaries; and 10. in any areas with known manatee concentrations, manatee warning/notice and/or speed limit signs shall be erected at the marina and/or ingress and egress channels, according to Florida Marina Patrol specifications. (c) Exceptions to the standards and criteria listed in Rule 18-20.004(5), Florida Administrative Code, may be considered, but only upon demonstration by the applicant that such exceptions are necessary to insure reasonable riparian ingress and egress. (6) MANAGEMENT AGREEMENTS The board may enter into management agreements with local agencies for the administration and enforcement of standards and critieria for private residential single docks. (7) In addition to the policies, standards and criteria delincatedin subsections (1) through (6), the provisions of the following management plans apply to specific aquatic preserves and art incorporated herein by reference. Where regulatory criteria in 18-20, F.A.C., may differ with specific policies in the management plans listed herein, the general rule criteria shall prevail. Date Adopted Alligator Harbor September 23, 1986 Banana River September 17, 1985 Cockroach Bay April 21, 1987 Enero Bay September 6, 1983 Charlotte Harbor (Cape Haze, Gazparilla Sound-Charlotte Harbor, Matlacha Pass and Pine island Sound) May 18, 1983 Indian River-Malabar to Vero Beach January 21, 1986 Indian River Lagoon (Vero Beach to Fort Pierce and Jensen Beach to Jupiter Inlet) January 22, 1985 Loxahatchee River-Lake Worth Creek June 12, 1984 Nassau River-St. Johns River Marshes and Fort Clinch State Park April 22, 1986 North Fork of the St. Lucie River May 22, 1987 St. Joseph Bay June 2, 1987 St. Martins Marsh September 9, 1967 Terra Ceia April 21, 1967 Wekiva River August 25, 1987 Specific Authority 258.4(1) FS. Law Implemented 258.41, 258.42, 258.43(1), 258.44 FS. History--New 2-25-81, Amended 8-7-85, formerly 16Q-20.004, Transformed from 16Q-20.004, Amended 9-4-88. 18-20.005 Usex, Sales, Leasex, or Transfer of Interests in Lands, or Materials, Held by the Board. Specific Authority 258.43(1) FS. Law Implemented 253.02, 253.12, 258.42 FS. History--New 2-25-81, Repealed 6-7-85, Formerly 16Q-20.05, Transferred from 16Q-20.005. 18-20.006 Cumulative Impacts. In evaluating applications for activities within the preserves or which may impact the preserves, the department recognized that, while a particular alteration of the preserve may constitute a minor change, the cumulative effect of numerous such changes often rsults in major impairments to the resources of the preserve. Therefore, the department shall evaluate a particular site for which the activity is proposed with the recognition that the activity may, in conjuction with other activities adversely affects the preserve which is part of a complex and interrelated system. The impacts of a proposed activity shall be considered in light of its cumulative impact on the preserve's natural system. The department shall include as a part of its evaluation of an activity: (1) The number and extent of similar human actions within the preserve which have previously affected or are likely to affect the preserve, whether considered by the department under its current authority or which existed prior to or since the enactment of the Act; and (2) The similar activities within the preserves 94 V.9, p. 692-2W FLORIDA AQUATIC PRESERVES which are currently under consideration by the aquatic preserve system. subject to confirmation by department; and the legislature. (3) Direct and indirect effects upon the preserve (2) The board may, after public notice and and adjacent preserves, if applicable. which may public hearing in the county or counties in which the reasonably be expected to result from the activity; proposed expanded or new preserve is to be located. and adopt a resolution formally acting aside such areas (4) The extent in which the activity is consistent to be included in the system. with management plans for the preserve. when (3) The resolution setting aside an aquatic developed; and preserve area shall include: (5) The extent to which the activity is (a) A legal description of the area so be included. permissible within the preserve in accordance with A map depicting the legal description shall also be comprehensive plans adopted by affected local attached. governments, pursuant to section 163.3161. F.S.. (b) The designation of the type of aquatic and other applicable plans adopted by local. state. preserve and federal governmental agencies; (c) A general statement or what is sought to be (6) The extent to which the loss or beneficial preserved. hydrologic and biologic functions would adversely (d) A statement that the area established as a impact the quality or utility of the preserve. and preserve shall be subject to the management criteria (7) The extent in which mitigation measures and directives of this chapter. - may compensate for adverse impacts. (c) A directive to develop a natural resource specific authority 256.43 (1) fs law implenmented inventory and a management plan for the area being 256.30, 256.43, 256.44 fs hisuory-new 2.25 b1. established as an aquatic preserve. Formerly 16q-20.00 Transferred from 16q-20.000 (4) Within 30 days of the designation and 18-20.007 Protection of Riparian Rights establishment of an aquatic preserve, the board specific authority 258.43 (1) fs law implemented shall record in the public records of the county or 238.123.238.i24(b)256.44 FS. Hisiory new 2.25-81. counties in which the preserve is located a legal repealed 8-7-85. Formerly 16Q.20.07. Transferred from description of the preserve. 16Q.20.007. Specific Authority 258.43(1) FS. Low implemented 258.41 FS.hisnory-New, 2-25-81. Formerly 16Q.20.09. 18-20.008 Inclusion of Lands,title to Which Transferred from 16Q.20.009. Is Not Vested in the Board, in a Preserve. (1) Lands and water bottoms which are within 18-20.010 Exchange of lAnds The board in its designated aquatic preserve boundaries. or adjacent discretion may exchange Lands for the benefit of the I hereto and which are owned by other governmental Preserve, provided that: agencies, may be included in an aquatic preserve (1) In no case shall an exchange result in any upon specific authorization for inclusion by an land or water area being withdrawn from the appropriate instrument in writing executed by the preserve; and agency. (2) Exchanges shall be in the public interest and (2) Lands and water bottoms which are within shall maintain or enhance the quality or utility or designated aquatic preserve boundaries or adjacent the preserve. thereon. and which are in private ownership, may be Specific authority 258.43(1) FS. Law Implemented 258.41(5). 256.42(1) FS History - New 2-25-81. included in an aquatic preserve upon specific Formerly 16A.20.10. Transferred from 16Q.20.010. authorization for inclusion by an appropriate instrument in writing executed by the owner. 18.20.011 Gifus of Lands. The board in its (3) The appropriate instrument shall be either a discretion may accept any gifts of Lands or interests dedication in perpetuity, or a least. Such lease shall in Lands within or contiguous to the preserve to contain the following conditions. maintain or enhance the quality and utility of the (a) The term of the lease shall be for a minimum preserve period of ten years. Specific Authurity 258.43(1) FS. Law Implemented (b) The board shall have the power and duty to 258.42(5) FS History - New 2.23-81. Formerly enforce the provisions of each lease agreement. and 16Q.20.11. Transferred from 16Q.20.011. shall additionally have the power to terminate any 18-20.012 Protection of Indigenous Life lease it the termination is in the best interest or the Forms. The taking or indigenous life forms for sale aquatic preserve system and shall have the power to or commercial use is prohibited. except that this include such lands in any agreement for prohibition shall not extend to the commercial management of such lands. taking or fin fish. crustaceas or mollusks, except as (c) The board shall pay no more than $1 per Year prohibited under applicable laws. rules or for any such least. regulations. Members or the public may exercise Specific Authority 258.43(1) FS. Law Implemented their rights to fish, so long as not contrary to other 258.40 258.41 FS. History - New 2-25-81. Formerly 16Q-20.US Transferred from 16Q-20.008 statutery and regulatory preovisions controlling such activities. 18-20.009 Establishment or Expansion of Specific Authority 258.43(1). FS Law Implemented Aquatic Preserves.. 258.43(1) FS. History-New 2-25.81. Formerly (1) The board may expand existing preserves (or 16Q.20.12. Transferred from 16Q.20.012. establish additional areas to be included in the 95 (R.9/88) 18-20.017 INTERNAL IMPROVEMENT TRUST FUND V.9,p692-2X 18-20.013 Development of resource 18-20.017 Lake Jackson Aquatic Preserve. In Inventories and Management Plans for addition to the provisions of Rules 16-20.001 Preserves. through 18-20.016, the following requirements (1)The board authorizes and directs the division shall also apply to all proposed activities within the to develop a resource inventroy and management Lake Jackson Aquatic Preserve.If any provisions of plan for each preserve. this Rule are in conflict withany provisions of Rules (2)The division may perform the work to 16-20.001 through 16-20.016 or Chapter 73-534. develop the inventories and plans,or may enter into Laws of Florida, the stronger provision for the agreements with other persons to perform the work. protection or enhancement of the aquatic preserve In either case,all work performed shall be subject to shall prevail. board approval. (1)No further sale, transfer or lease of Specific Authority 258.42(1) FS. Law Implemented sovereignty lands in the preserve shall be approved 253.03(7), 253.03(8) FS. History-new 2-25-81, or consummated by the Board, except upon a Amended 6-7-85,Formerly 16Q-20.13, Transferred from showing of extreme hardship on the part of the 16Q-20.013. applicant or when the board shall determine such sale, transfer or lease to be in the public interest. 18-20.014 Enforcement. The rules shall be (2) No further dredging or filling of sovereignty enforced as provided in Section 258.46. lands of the preserve shall be approved or tolerated Specific Authority 258.43(1) FS. Law Implemented by the Board of Trustees except: 258.46 FS. History-New2-25-81,Formerly 16Q-20.14 (a) Such minimum dredging and spoiling as may Transferred from 16Q-20.014. be authorized for public navigation projects or for preservation of the lake according to the expressed 18-20.015 Application Form. intent of Chapter 73-534,Laws of Florida; and Specific Authority 253.43(1) FS. Law Implemented (b) Such other alteration of physical conditions 258.43 FS History-New 2-25-81. Repealed 8-7-85, as may be necessary to enhance the quality or utility Formerly 16Q-20.15. Transferred from 16Q-20.015. of the preserve. (3) There shall be no drilling of wells, 18-20.016 Coordination with Other excavation for shell or minerals, and no erection of Governmental Agencies. Where a Department of structures (other than docks), within the preserve, Environmental Regulation permit is required for unless such activity is associated with activity activities on sovereignty lands the department will authorized by Chapter 73-534, Laws of Florida. coordinate with the Department of Environmental (4)The Board shall not approve the relocations Regulation to obtain a copy of the joint Department of bulkhead lines within the preserve. of Army/Florida Department of Environmental (5) Notwithstanding other provisions of this act, Regulation permit application and the biological the board may, respecting lands lying within the survey. The information contained in the joint Lake Jackson basin: permit application and biological assessment shall (a) Enter into agreements for and establish lines be considered by the department in preparing its delineating sovereignty and privately owned lands; staff recommendations to the board. The board may (b) Enter into agreements for the exchange and also consider the reports of other governmental exchange sovereignty lands for privately owned agencies that have related management of (c) Accept gifts of land within or contiguous to permitting responsibilities regarding the proposed the preserve. activity. Specific Authority 258.39(26) FS. Law Implemented Specific Authority 253.43(1) FS. Law Implemented 258.39(26),258.42FS. History-New 6-7-85. Formerly 258.43FS.History-New 2-25-81,Formerly 16Q-20.16, 16Q-20.017, Transferred from 16Q-20.017. Transferred from 16Q-20.016. limmillolm 3 6668 14104 0511