Guana River Marsh Aquatic Preserve management plan adopted December 17, 1991

[From the U.S. Government Printing Office, www.gpo.gov]

GUANA RIVER MARSH.

AQUATI C. PRESERVE MANAGEMENT PLAN

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DEPARTMENT OF NATURAL RESOURCES

GUANA RIVER MARSH

AQUATIC PRESERVE MANAGEMENT PLAN

ADOPTED

DECEMBER 17,1991

VIRGINIA WETHERELL

Executive Director

Florida Department of Natural Resources

This plan was prepared by
the 'Bureau of Submerged Lands and Preserves
Division of State Lands

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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 on recycled paper.

EXECUTIVE SUMMARY

The Guana River Marsh Aquatic Preserve is comprised of an extensive northeast
Florida barrier ecosystem representing a complete cross-section of a relatively
undisturbed barrier island (beach and dunes), sea island (upland peninsula), and
associated wetlands and open waters. The preserve has a rich association of
habitats including vast estuarine systems, a 2,364 acre man-made
freshwater/brackish water impoundment, freshwater marshes and ponds, sandy
beaches, natural dune systems, and Open ocean. The submerged lands of the
estuaries are a mosaic of salt marsh, tidal flats, oyster bars, and tidal creeks. This
diversity of community types provides food and habit-at for a variety of resident and
migratory fish and wildlife, many of which are threatened or endangered.

The preserve encompasses approximately 40,000 acres, including 11,500 acres
within the state-owned Guana River tract. The property was purchased by the state
in 1984 with Conservation and Recreation (C.A.R.L.) and Save Our Coast (S.O.C.)
funds because of its unique character. Within its boundaries can be Jound
uncommon upland habitats such as extensive areas of undisturbed Atlantic coastal
strand (scrub) vegetation, extraordinary beaches with high dunes stabilized with
natural coastal vegetation, and extensive maritime hammock.

Encroaching developments and the resulting water quality degradation from
stormwater runoff and other non-point sources into the Guana and Tolomato rivers
are the current major threats to this preserve. As growth extends southward from
the Jacksonville area and development increases on the adjacent uplands to.the
west and south, impacts on the preserve will significantly increa@e.
Submerged lands are selecte d as aquatic preserve's based upon their outstanding
biological, aesthetic, and/or scientific values. The Guana River system was
designated an aquatic preserve in 1985 for the primary purpose of preserving the
-biological resources in the area and maintaining these resources in their essentially
natural condition.

The main objective of the resource management program for the Guana River
Marsh Aquatic Preserve is the protect the preserve's natural resources for the
benefit of future generations. The management of the preserve will be directed
toward the maintenance essentially natural or existing conditions. - On-site
management activities include actions by field personnel to protect plant
communities, animal life, geological features, archeological sites, and water
resources of the preserve. Management activities will also focus on cumulative
impacts and encroachments".

The Guana River Marsh Aquatic Preserve has been divided into several
management areas. The classification of each management area is based upon
the resource value of submerged lands associated with existing and future land
uses on the adjacent uplands. The intent of these management areas isto make
potential development activities'and uses of the preserve compatible with resource
protection goals. The major uses of the preserve are recreational and commercial
fishing and shellfish harvesting, boating, swimming, surfing, commercial navigation,
adjacent land uses and their attendant facilities (e.g., docks, boat ramps, etc.).
Maintaining the continued health of the preserve involves minimizing adverse
impacts from all uses within and adjacent to the preserve on the system.

This management plan outlines the relationship between the Department of Natural
Resources' central office and field sfaff. Criteria for the review of specific
development proposals within the preserves's boundaries are also provided.
Public, private, and commercial uses that are allowable pursuant to statutory
direction and other applicable authorities of the aquatic preserve are discussed.
These uses are subject to the approval of the Board of Trustees or their designee.
Approval is normally predicated upon demonstration that the proposed use is
environmentally sound, and in the opinion of the Board, necessary for the public.

Various federal, state, regional, and local organizations oversee laws aLld
regulations which apply to all of the lands and waters within the aquatic preserve;
therefore, the aquatic preserve management program's objective is to compliment
agency programs whenever it is in the preserves interest. Both field personnel and
central office staff will coordinate extensively with many agencies to assure effective
management and protection:

To enhance management and protection of the a4batic preserve, research and
education programs will also be developed. These programs will operate in close
coordination with similar programs established in the area. Research and
education needs for the aquatic preserve are defined.

The management of the preserve and protection of the resources included within
its boundaries will be enhanced by continually identifying and resolving specific
program needs. Meeting these needs, which may include legislative support,
administrative rule changes, resource protection capabilities, and funding and
staffing needs, will relieve some stress on the resources or personnel involved in
management of the preserve. In the future, the field staff will develop and submit
a status report that summarizes the program's needs and suggests measures to
be taken to resolve these needs.

TABLE OF CONTENTS

CHAPTERI INTRODUCTION ........................ 1

CHAPTER 11 MANAGEMENT AUTHORITY
A. StatUtory Authority .................... 11
B. Administrative Rules ................... 12
C. Other Applicable Plans & Programs ........ 15

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location/ Boundary .................... 19
B. Physiography ........................ 19
C. Geology/Soils ....................... 23
D. Climate ...... ...................... 24
E. Hydrology .......................... 25
F. Water Quality ........................ 26
G. Biological Communities ................. 28
1. Tidal Flats ....
................... 33
2. Tidal Beaches ..................... 39
3. Tidal Marsh ........... * * ''* ''.* .... 40
4. Oyster Bars ...................... 46
5. Basin Marsh ...................... 48
6. Cypress Swamp ................... 49
7. Hardwood Swamp ................. 49
H. Listed Species ....................... 50
1. Cultural Resources .............. ...... 56

CHAPTERIV REGIONAL LAND USE AND DEVELOPMENT
A. Previous Uses ....................... 59
B. Adjacent Upland Uses .................. 60
C. Uses of the Preserve .................. 68
D. Planned Use ... ..................... 70

CHAPTER V MANAGEMENT AREAS
A. Introduction ................. ; ....... 73
B. Management Area Classifications .......... 74
C. Minimum Criteria for Allowable Uses ........ 76
D. Management Areas .................... 80

CHAPTER VI SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS
A. Management Issues & Special Needs ....... 95
B. Management Initiatives ................. 98

CHAPTER Vill MANAGEMENT ACTION PLAN
A. Resource Management .................. 101
B. Resource Protection ................... 106
C. Research ........................... 109
D. Environmental Education ................ 111

CHAPTER Vill MANAGEMENT COORDINATION NETWORK
A. Federal Agencies ..................... 115
B. State Agencies ....................... 116
C. Regional Agencies .................... 120
D. Local Government .................... 121

CHAPTERIX STAFFING AND FISCAL NEEDS ............ 125

CHAPTER X RESOURCE A ND PROGRESS MONITORING PROGRAM
A. Resource Monitoring ................... 129
B. Progress Monitoring ................... 129

BIBLIOGRAPHY ........................ 131

LIST OF FIGURES AND TABLES

Figure 1. Florida Aquatic Preserve System Map ......... 5

Figure 2. Guana River Marsh Aquatic Preserve Map ...... 7,9

Figure 3. Guana Peninsula Topographic Profile ........ 21

Figure 4. Floridan Aquifer Profile .................... 29

Figure 5. Shellfish Harvesting Areas Map .............. 31

Figure 6. Wetland Vegetation Map ................... 35,37

Figure 7. Marsh-Estuarine Food Web ................. 43

Figure 8. Adjacent Land Use Categories Map ............ . 63,65

Figure 9. Management Areas Map ..................... 91,93

Table .1. Fauna of the Tidal Flats ................... 34
Table 2. Fauna of the Tidal Beaches ........ ......... 39,40

Table 3. Fauna of the Salt Marshes .................. 4.5,46

Table 4. Fauna of the Oyster Reefs ................. 47,48

Table 5. Listed Wildlife Species .................... 53-55

Table 6. St. Johns County Population Estimates ........ 70

Table 7. Management Coordination Network ........... 123-124

Table 8. Anticipated Budget ....................... 127

LIST OF APPENDICES

Appendix A.. Relevant Legislation ...................... 135

Appendix B. St. Johns County Ordinances ................ 145

Appendix C. Partial List of the Fauna ................... 147

Appendix D. Partial List of the Flora .................... 157

Copies of the legal description of the Guana River Marsh Aquatic Preserve, as well as
copies of Chapters 253 and 258, F.S., and Chapter 18-21, F.A.C., may be obtained from-

Bureau of'Su*bmerged Lands and Preserves
Department of Natural Resources
3900 Commonwealth Blvd.
Mail Station 125
.Tallahassee, FL 32399-3000

CHAPTER11

INTRODUCTION

The Guana River Marsh Aquatic Preserve is located on the east coast of Florida in
St. Johns County, between Jacksonville and.St. Augustine. It was designated an
aquatic preserve by the Florida Legislature in 1985 and represents one of 42 such
preserves in Florida (Figure 1). The aquatic preserve covers approximately 40,000
acres, including 11,500 acres within the state-owned duana River tract, and 25,000
acres of open Atlantic Ocean. The boundaries of the preserve include all tidal lands
and islands, inland ponds, sandbars, shallow banks, submerged bottom, lands
waterward of mean high water (MHW), and other lands to which the state holds title
(Figure 2).

.The preserve has a rich association of habitats including estuarine systems along
the -Tolomato and Guana Rivers; a large (2,364 acre) man-made
freshwater/brackish water impoundment; and open ocean. Numerous freshwater
ponds and extensive salt marshes are located within the boundaries of the
preserve. This diversity provides habitat for a wide variety of resident and migratory
wildlife. Bird rookeries., including a sizable breeding population of the-endangered
wood stork, are found within the preserve. The area also contains 13 miles of high-
energy beach fronting the Atlantic Ocean, which provides breeding and nesting
habitat for ground-nesting shorebirds such as the threatened least tern. The beach
also provides nesting areas for threatened and endangered sea turtles.

Besides possessing the numerous aquatic resources mentioned above, the
preserve contains several rare upland habitats within the Guana River tract. The
11,500 acre property was purchased by the state of Florida in 1984 with
Conservation. and Recreation Lands (C.A.R.L.) and Save Our Coast (S.O.C.) funds
because of its unique character. The Guana property represents a complete cross-
section of a relatively undisturbed barrier island (beach and dunes) and sea island
(upland peninsula). Within its boundaries can be found an unusually extensive
natural area of undisturbed Atlantic coastal strand (scrub) vegetation, excellent
ocean-front beach with high dunes stabilized with native coastal vegetation, and
extensive maritime hammock containing an unusual natural association of mature
trees.

The preserve also contains archeological and historic resources such as numerous
aboriginal middens, aboriginal burial grounds, and artifacts of aboriginal, Spanish
colonial and British origin.

This combination of natural and cultural resources provides an outstanding example
of an essentially natural northeast Florida barrier ecosystem found nowhere else in
the region. Purchase of these lands was deemed necessary because of their

environmental sensitivity and to protect several species of endangered and
threatened plants and animals.

Encroaching developments and the resulting wate r quality degradation from
stormwater runoff and other non-point sources into the Guana River are the current
major threats to this preserve. As growth extends so.uthward from the Jacksonville
area and development increases. on the adjacent uplands to the west and south,
impacts on this preserve will significantly increase.
The process of developing this management plan involved collecting an inventory'
of resource information, coordinating with other plans that have been developed for
the area, and identifying resource problems and management issues relating to the
present and future uses of the preserve and adjacent uplands. Supporting
management initiatives were developed to be consistent with statutory authority and
the overall intent of the Aquatic Preserve Program for helping ensure that the
submerged land resources of the preserve remain for future generations to enjoy.

Fourteen management plans, covering 21 of the 42 designated aquatic preserves
in.the state, have been adopted by ref6rence into the existing aquatic preserves
rule (Chapter 18-20, Florida Administrative Code). . This management plan will be
subsequently incorporated into rule following its approval by the Board of Trustees
of the Internal Improvement Trust Fund.

Specifically, this pI an is divided into ten chapters according to their management
application:

Chapter 11 cite s the statutory authorities upon which this resource management
program and plan are built.

Chapter III provides a description of the Guana River Marsh Aquatic Preserve and
details the physical and biological components of the preserve as well as any
cultural resources.

Chapter IV provides information on the current and future uses of this preserve and
use of the adjacent uplands.

Chapter V delineates various management area@ within the preserve. These areas
are defined by taking into account the biological resources, the physical
parameters, and the'aesthetic values, in conjunction with the use of the adjacent
uplands.

Chapter VI discusses specific needs and issues particu 'lar to the Guana River Marsh
Aquatic Preserve. Management initiatives have been developed in addressing each
need and/or issue.

Chapter VII outlines [email protected] goals, objectives, and tasks required to meet the
management needs of the preserve for resource management, resource protection,
research, and environmental education.

Chapter VIII identifies local, regional, state, and federal agencies, their authorities
and programs, and how they relate and assist in protection and management of
this preserve. It also identifies non-govern mental organi'zations, interest groups,
and individuals that can assist in management.

Chapter IX projects future staffing and fiscal needs necessary for providing effective
management and protection of the preserve, as well as supporting research and
environmental education.

Chapter X outlines a monitoring program for recording and reporting resource
changes, and establishes a tracking system for detailing the progress and
accomplishments in resource management.

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AQUATIC 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 ---
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
AOLIATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

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BREAU OF AQUATIC PRESERVES
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TALLAHASSEE .FLODIDA 32303
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FIGURE 1. Florida Aquatic Preserves
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FIGURE 2. Guano River Marsh Aquatic Preserve

Micklers Pt. -----------------------------------------
Preserve Boundary extends out 3 miles mlo-

Preserve
Boundary

210 AIA

%
0
0%

NOTE. Western preserve boundary 0
extends to the westerly mean high
"7q,
water line of the Tolomato River
Miles
and Its tributaries.

OCLC: 26478857 Rec stat: n
Entered: 19920825 Replaced: 19950607 Used: 19950428
$ Type: a Bib Lvl: m Source: d Lang: eng
Repr: Enc LvL: I Conf pub: 0 Ctry: flu
Indx: 0 Mod rec: Govt pub: s Cont: b
Desc: a Int lvl: Festschr: 0 ILLus: ab
F/B: 0 Dat tp: s Dates: 1991, %
1 040 FBA Ic FBA %
2 043 n-us-fL %
3 092 574.9759 12 20 %
$ 4 090 lb %
$ 5 049 NO@M %
$ 6 245 00 Guana River marsh aquatic preserve management plan : lb adopted
December 17, 1991 / Ic prepared by the Bureau of Submerged Lands and Preserves,
Division of State Lands. %
$ 7 260 [Tallahassee] : lb Dept. of Natural Resources, Ic [19911. %
$ 8 300 162 p. : lb ill., maps ; Ic 28 cm. %
$ 9 504 includes bibliographical references (p.131-133). %
S 10 651 0 Guana River (Fla.) %
$ 11 651 0 Totomato River (Fla.) %
$ 12 650 0 Marshes Iz Florida. %
$ 13 650 0 Aquatic resources Iz Florida Iz Guana River. %
$ 14 650 0 Aquatic resources Iz Florida Iz ToLomato River. %
$ 15 650 0 Marine parks and preserves Iz Florida Iz Guana River Ix
Management. %
$ 16 650 0 Marine parks and preserves Iz Florida Iz ToLomato River Ix
Management. %
S 17 710 1 Florida. lb Bureau of Submerged Lands and Preserves. %

FIGURE 2. Gualmia River Marsh Aquatic Preserve

-------- Preserve
Boundary

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Miles

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0 fonds out 3 miles mi.
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--------- - -------------------------
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NOTE: Western preserve boundary %
extends to the Westerly mean high
water line of the Tolomato River
and Its tributaries.

CHAPTER 11

MANAGEMENT AUTHORITY

A. STATUTORY AUTHORITY

The fundamental laws of the State of Florida providing management authority for
the Guana River Marsh 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 sovereignty submerged lands. In addition, these statutes
empower the Trustees to adopt and enforce rules and regulations for managing all
sovereignty 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 sovereignty 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 pres erves 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.

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
@quatic preserves. Any activity located on sovereignty 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.

BACKGROUND

The laws supporting aquatic preserve 'management are the direct result of the
public's awareness and interest in protecting Florida's aquatic environment. The
rampant dredge and fill activities that occurred in the late 1960's fostered this
widespread 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 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 1068, the Florida Constitution was revised to declare in Article 11, Section 7, the
-state's policy of conserving and protecting natural resources and 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 through
1989, including Guana Riv& Marsh in 1985.

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 of aquatic preserves specifically,

and submerged lands in general. The general rules in Chapter 18-20, 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
authorfty 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 cond.itions, 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;

(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 Gove rnment Comprehensive Plan (LGCP) for St. Johns County is
required by the Local Government Comprehensive Planning and Land Development
Regulation Act to have a comprehensive 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. St. Johns County's draft
LGCP was submitted to the state for review in April, 1990. Bureau staff have
reviewed conservation/coastal management and land use elements and made the
following recommendations for the conservation/coastal management element:

1. A policy be adopted indicating that all activities involving the use of sovereignty
submerged lands shall comply with Chapter 18-20 or 18-21, F.A.C., and 2. Policies
should be adopted indicating that appropriate agencies will be consulted to help
protect rare, endangered, or threatened species and their habitats. The draft LGCP
was subsequently revised as a result of several state agencies' recommendations.
The revised LGCP was adopted by the -Board of County Commissioners of St.
Johns County on September 14, 1990. The adopted LGCP was submitted to the
state on October 10, 1990 for final approval. However, the. Department of
Community Affairs- (DCA) determined that the plan was not in compliance. A
Compliance Agreement between the DCA and St. Johns County was finalized in
June, 1991. When the final LGCP is approved, applicable policy statements will
be incorporated into this management plan.

The Conceptual Management Plan for the Guana River Wildlife Management Area
(WMA) was approved by the Board of Trustees on August 14, 1990. This plan was
prepared by the Bureau of Wildlife Management, Division of Wildlife, Florida Game
and Fresh Water Fish Commission (FGFWFC). The plan identifies the management
needs and objectives to conserve, protect, restore, maintain, or enhance the quality
of natural and/or man-modified aquatic resources on the WMA. Other objectives
are designed to provide both consumptive and non-consumptive recreational uses.
These objectives are consisten t with those presented in this aquatic preserve
management plan.

The Guana River State Park Unit Management Plan was approved bythe Board of
Trustees on August 14,1990. Prepared by the Division of Recreation and Parks,
DNR, this plan serves as the basic statement of policy and direction for the
management of Guana River State Park as a unit of Florida's state park system.
Resource and recreation management needs and objectives provide consistency
with those set forth in this aquatic preserve management plan.

The Surface Water Improvement and Management Act (SWIM), Chapter 87-97,
Laws of Florida, was enacted by the Legislature in response to the declining quality
of the state's surface water resources. The purpose of the SWIM program is to
correct and prevent problems through suface water improvement and management.
The St. John's River Water Management District (SJRWMD) design's and
implements these programs for the.St. John's River and associated drainage
basins, including the Tolomato and Guana River subbasin. This program may offer
future funding and oversight for the Guana River Marsh Aquatic Preserve.

Pursuant to section 161.161, F.S., the Florida Department of Natural Resources,
Division of Beaches and Shores is required to develop and maintain a
comprehensive, long-term management plan for Florida's beaches on a district-by-
district basis. Responsibilities include identification of areas of critical beach
erosion, determination -of the most viable means to address identified erosion
problems, to recommend a list of beach erosion control projects, and to

recommend solutions for enhancing and protecting beach resources for review and
action by the Governor and Cabinet and State Legislature. Prepared by the
Division's Office of Beach Management, the Beach Restoration Management Plan
for District VII is currently available in final draft form dated November, 1990. The
beaches of the Guana River Marsh Aquatic Preserve are within District VII and
issues concerning beach management for. St. Johns County are addressed in the
plan.

CHAPTER III

DESCRIPTION OF AQUATIC PRESERVE

A. LOCATIONIBOUNDARY

The Guana River Marsh Aquatic Preserve is located in northeast St. Johns County
seven miles south of Jacksonville Beach and seven miles north of St. Augustine.
The preserve is bounded on the north by County Road (CR) 210 and Mickler's
Road, on the east by the Atlantic Ocean, on the south by the south line of Section
18, Township 6 South, Range 30 East, and on the west by the westerly Mean High
Water Line (MHWL) of the Tolomato River and its tributaries. The eastern
boundary extends three miles into the Atlantic Ocean to the state territorial limits.
The preserve covers approximately 40,000 acres including 11,500 acres within the
state-owned Guana River tract and 25,000 acres of open Atlantic Ocean. State
Road (SR) AlA bisects the preserve from north to south.

The Guana River Marsh Aquatic Preserve includes all the sovereignty'submerged
lands and other state-owned lands lying within the above-described boundaries
(Figure 2, page 7).

B. PHYSIOGRAPHY

The topographic features of the Guana River Marsh Aquatic Preserve consist of
beach dunes, a lagoon, relict ridges and swales and reflect the marine origin of the
landscape.

The preserve is located in the lower part of the Atlantic Coastal Plain. The coastal
region occupies a physiographic division known as the Coastal Lowlands. This
region of the Florida Plateau is described by Cooke (1945) as a belt of land along
the coast, extending 30 to 60 miles inland, that is flat, poorly drained, and
characterized by ancient marine terraces and dune ridges.

There are seven or possibly eight marine terraces, each formed at different sea
levels during the Pleistocene epoch (White, 1970). These terraces were formed
prehistorically by waves, currents, and the rise and fall of sea levels. When the sea
level remained stationary for long periods, the waves and currents would erode the
sea floor to form a fairly level surface. Each time the sea level dropped, a part of
the sea floor was left exposed as a level plain or terrace. The terraces tend to be
parallel to the present Atlantic shoreline and become progressively higher from east
to west (Kojima and Hunt, 1980). Over. time, the level plains of the terraces were
modified or destroyed by stream erosion.

The Guana River tract lies within the Silver Bluff terrace, a sea bed formed in the
late Pleistocene when Atlantic Beaches were one to four miles landward of the
present shoreline and sea- levels were five to ten feet higher than at present. The
Holocene topographic features, formed during the past 10,000 years, are
composed of the recent remnant beach and dune ridges, swamps, marshes, tidal
flats, creeks, rivers and estuarine bottoms.

The largest contiguous land area within the preserve is the Guana peninsula
between the Tolomato and Guana rivers. The peninsula is 12.5 miles long and
varies in width from .25 to .75 mile. The peninsula tapers to a point at the south
end at the confluence of the Tolornato and Guana Rivers. An earthen dam was
constructed across the Guana River in 1957 to form Lake Ponte Vedra (Guana
Lake) from the middle and upper reaches of the Guana River. The supposition is
that the Guana peninsula (including Lake Ponte Vedra) is a piece of the mainland
consisting of elongated, coastal, sandy ridges and low troughs that are being
inundated as the sea level rises (FGFWFC,1990). A topographic profile -of the
Guana River peninsula is shown in Figure 3.

A low broad ridge extends along the east side of the peninsula from the south point
to the north end of the tract. The general elevation of the ridge is 10 - 15 feet
above mean sea level (MSL). The ridge drops off abruptly to the east down to the
shoreline of Lake Ponte Vedra. The ridge drops off gradually to the west and the
west side of the Guana peninsula is nearly level. From the west slope of the
peninsular ridge, at an elevation of ten feet, the land dips gradually to the Tolomato
River where low, nearly level salt marshes are inundated by tidal fluctuation twice
daily. This type of tidal marsh is also found adjacent to the lower Guana River in
the southern portion of the preserve.

The upper, inland reaches of the estuarine tidal marshes, flats and creeks receive
a limited amount of fresh water through drainage and may be classified within a
range from saline to brackish or freshwater swamps and marsh basins.

The largest contiguous wetland within the preserve is the vast estuarine ma rsh
system associated with the Tolomato River. The largest interior wetland on the
Guana River tract is Lake Ponte Vedra, which includes the impounded bed of the
Guana River, and extends northward from the dam for a distance of approximately
ten miles. The earthen dam with a water control structure acts as a partial barrier
to tidal surge so that the resulting lake is brackish or freshwater depending on the
distance north from the dam. The impoundment inundates approximately 2,364
acres, providing both open water and marsh habitats for a number of migratory and
resident wildlife species.

Back Dune Ridges

Tolomato River Guana Lake

30- Atlantic
20- Guana Peninsula Ocean

z A@A A
10-
State Road A l A
20
Primary Dune
30

FIGURE 3.

A topographic profile of the Guana River peninsula'and dune system. This cross-section is adapted from Figure 21, Technical Report
No. SJ804, St. Johns River Management District.

A distinct topographic feature of the Guana River tract is the high dunes between
State Road Al A and the beach. The dunes rise to an elevation of 35-40 feet above
MSL at the north end of Guana State Park beach; with the highest dune crest at
42.5 feet. The high dunes extend about one mile from the north boundary of
Guana State Park beach, then gradually decrease in height to crest elevations of
25-30 feet at the south end. The dune system extends west of State Road Al A to
the shoreline of Lake Ponte Vedra. At the north end of the property, there is a
single dune ridge between the highway and the lake. Further south, there are two
ridges in the back dune area west of the highway.

The Guana dune system is high and stabilized with vegetation. These features
provide an effective storm barrier. The 100 year storm surge elevation projected
by the National Oceanic and Atmospheric Administration (NOAA) for the South
Ponte Vedra area is about 9 feet; the tide range is 4.5 feet. With crest elevations
ranging from 25 to more than 40 feet, it is unlikely that the Guana dunes will be
overwashed by "northeasters" or tropical storms except in areas that have been
damaged by pedestrian or vehicular traffic. These dunes, however, could be
significantly eroded from such storms.

C. GEOLOGYISOILS

Surface deposits and underground formations within the aquatic preserve contain
typical coastal geologic strata. The subsurface geology consist's of limestone beds
at depths ranging from sea level to more than 300 feet below sea level. The Ocala
Formation, formed in the Eocene epoch, is the uppermost layer of a series of
limerock strata which collectively form the Floridan Aquifer. This formation lies about
250 feet below land surface. Overlying this stratum is the Hawthorn Formation
which consists of various marine sediments, including clay deposits and lenses of
shell and sand. The top of the Hawthorn Formation is about 100 feet below the
surface. The surface area is blanketed by Pleistocene and Recent deposits in
varying depths.

The soils of the uplands within the Guana River Marsh Aquatic Preserve are derived
from sandy marine sediments. They are primarily of two general soil map units
outlined by the Soil Conservation Service (SCS).

The sand ridges and flatwoods areas of the Guana peninsula consist of the
Astatula-Tavares map unit. These soils are nearly level to sloping, excessively
drained and moderately well-drained soils that are sandy throughout.

The coastal dunes along State Road AlA are made up of the Fri 12p-Satel I ite- Paola
map unit. This unit consists of soils on narrow, rolling sandy ridges interspersed
with narrow swales. These soils are excessively drained sandy soils in the primary
and secondary dunes and somewhat poorly drained in the swales.

The beach consists of quartz sand, shells, shell fragments, and pebbles derived
from exposures of the Anastasia Formation (Tanner, 1960). This formation consists
of a sandy coquina held together by calcareous cement, and obtained its name
from Anastasia Island opposite St. Augustine (Cooke, 1945).

The salt marsh soils are derived from the depos ition of estuarine clay sediment and
organic detritus. These are the soils of the estuarine tidal marshes along the
boundary of the Tolomato and Guana Rivers. They are in the Pellicer-Tisonia map
unit and are nearly level, very poorly drained, and are subject to frequent tidal
flooding. Typically, the surface layer is very dark brown silty clay loam about 10
inches thic k. The soil is flooded twice daily by normal high tides. Organic matter
content is very high, while natural fertility is limited by excess salt.

This Pellicer soil. is not suited to cultivated crops, improved pasture, or trees. The
high salt, sulfur, and clay content, and low strength severely restrict the use of this
soil for agricultural purposes. The soil becomes extremely acid when it is dry for
long periods. The low soil strength will not-support grazing cattle or equipment.

Potential.for community development is low. The hazard of flooding, excessive
wetness, and low strength make the soil poorly suited to the construction of
buildings or roads.

Areas of this soil are important wildlife habitats. The native flora and fauna provide
important links in the food chain for many recreational and commercial finfish and
shellfish.

More information regarding the soil types in the preserve can be found in the USDA
publication, Soil Survey of St. Johns County (1983).

Q. CLIMATE

The climate of the northeast Florida coastal region is under a pronounced maritime
influence (NOAA, 1982). The heat of summer and cold of winter are moderated by
the close proximity of the Gulf Stream. As a result; this area experiences a humid,
subtropicalclimate characterized by long summers with heavy rainfall and mild, dry
winters.

Specifically, the average maximum and minimum temperatures range from 81 to 58
degrees Fahrenheit (F), respectively. The mean annual temperature is about 70
degrees F near the coast and about 72 degrees F inland. The average annual
rainfall* is about 53 inches, of whic ,h 50-60% falls between June and October.
Ocean breezes tend to retard the movement of rainstorms moving west to east, so
the amount of rain falling directly on the coast is less than in the interior regions
(Jones & Mehta, 1978).

E. HYDROLOGY

The Guana River Marsh Aquatic Preserve is located within the Florida East Coast
Drainage Basin which encompasses approximately 5,700 square'kilometers of the
east coast from north of St. Augustine to south of Vero Beach (FDER, 1979), and
drains directly into the Atlantic Ocean or into coastal lagoons (Snell and Anderson,
1970). The majority of the watersheds in this basin are drained into lagoons by
relatively small creeks. This basin is divided into upper and lower sub-basins. The.
Upper East Coast sub-basin contains seven drainage areas, including the Tolomato
and Guana Rivers.

There are six types of water resources present on or adjacent to the Guana River
tract: marine waters of the Atlantic Ocean; estuarine waters of the Tolomato River
and its tributaries and the Guana River below the dam; freshwater and brackish
water wetland and surface waters of Lake Ponte Vedra; peninsula ponds; swamps,
and man-made water features such as ditches and five artesian wells.

The marine waters of the preserve encompass approximately 25,00 acres of open
Atlantic Ocean. These waters stretch down the 13 miles of preserve beaches from
the MHWL along the Atlantic shore eastward three miles to the state territorial limits.

The Tolomato River has a drainage basin encompassing 84 square miles. The'river
is part of the Atlantic Intracoastal Waterway (AIW) and is maintained as such.
Dredging has straightened the course of the river at some points and established
spoil islands which are now partially or entirely vegetated.

Smith Creek, Deep Creek, Sweetwater Creek, Marshall Creek, Stokes Creek, and
Casa Cola Creek all drain in the Tolomato Nver from the west. Smith, Deep, and
Sweetwater Creeks drain a large wetland area to the west of the preserve known
as Cabbage Swamp. The six creeks are included in the preserve boundaries
upstream to the extent of tidal influence. Capo Creek, Jones Creek, and Sombrero
Creek flow west into the Tolomato River from state-owned lands within the Guana
River tract and are entirely within the preserve boundaries.

The headwaters of the Guana River originate in the Diego Plains drainage basin
north of the preserve in Ponte Vedra Beach. From there the river flows south to
join the Tolomato River. In 1957 an earthen dam was constructed across the
Guana River creating Lake Ponte Vedra. This shallow impoundment (2,364 acres)
extends ten miles north from the dam. South of- the dam the river follows its
original meandering course past Guana Point to join the Tolomato River. At high
tide, saline water floods the adjoining tidal marshes as well- as flooding through the
gates of the water control structure on the dam creating a brackish /freshwater lake.
The Diego Plains drainage basin encompasses approximately 7,800 acres
extending from the dam 17 miles north into Jacksonville Beach.

Several freshwater basin marshes or ponds exist on the property. Some of these
ponds are fed from the artesian wells which are scattered through the property.
The wells, permitted by the SJRWMD, extend into the Floridan Aquifer and can be
-turned on by means of a control valve in order to' regulate water levels in the
associated ponds. Water levels are also manipulated through a series of water
control structures and drainage ditches.

The natural hydrology of the Guana River property has been significantly altered
over the last fifty years. The construction of the dam, the inland wells, the water
control structures, dikes, and drainage ditches have altered the natural flow
patterhs of the surface and ground water.

F. WATER QUALITY

Limited water quality data have been collected on most of the preserve area. The
Department of Environmental Regulation 1990 Florida Water Quality Assessment
305(b) Technical Appendix classifies the water quality in the Tolomato River (AIW)
and the adjacent Atlantic Ocean as "fair". The sampling station data have indicated
a stable trend in overall water quality in the 1980-1989 assessment.

The assessment of water quality in the AIW, in general, indicated more serious
water quality problems both north and south of the Guana River Marsh Aquatic
Preserve. It was noted. that there was a consistent dissolved oxygen sag near
Ponte Vedra Beach north of the preserve. This was most likely due to untreated
urban stormwater and a horse ranch sludge site in close proximity (DER, 1990).
Factors contributing to water quality problems immediately south of the preserve
include airport and aircraft repair plant runoff from nearby St. Augustine Airport.
Further south, factors include urban runoff, wastewater treatment plants, scallop
processing, and port activities in the Matanzas River around St. Augustine. These
conditions outside of the preserve boundaries have led to the degradation of water
quality within the preserve.

No water quality data were available for the Lake Ponte Vedra portion of the
preserve. However, it is theorized that runoff containing nutrient and chemical
residues from residential and resort developments to the north may negatively affect
water quality in the take and adjacent tidal waters. The drainage basin of the lake
extends from the dam 17 miles north into Jacksonville Beach. This area has
recently been subjected to high developmental pressure. Expansive residential and
resort communities have been constructed in this area. Developments such as
Sawgrass, Ponte Vedra, L'Atrium, and Marsh Landing are within this watershed.
Residential and golf course development warrants concern for water quality and the
water resources of the preserve.

The inland wildlife ponds are supplemented with Floridan Aquifer water to maintain
artificial surface water elevations. Downward percolation of the pond water (120
mg/I CI) has increased local shallow aquifer chloride concentration from original
values of less than 60 mg/I Cl- to higher values (Figure 4). Deeper zones (58 feet)
still yield concentration of 60 mg1I Cl-. Water from the unconfined aquifer exhibits
a strong hydrogen sulfide odor (Frazee and McClaugherty, 1979).

Septic tanks are the primary means of domestic waste disposal for single-family
dwellings in and adjacent to the aquatic preserve. These tanks and associated
drainfields represent a potential non-point source of pollution, mainly due to poor
siting, construction, and maintenance. High densities of septic tanks, in conjunction
with unsuitable soils and high water table conditions, can be a principle cause of
bacterial and viral contamination to ground and surface waters.

There are no municipal wastewater treatment plants (WWTP) within the boundaries
of the preserve. There are six package type WWTPs in the preserve area. Only
one plant (Grumman-St. Augustine Corporation) discharges into the Tolomato River.
The discharge point is south of the preserve boundaries. This plant has. relatively
low volume and the effluent must travel approximately one mile via a drainage ' ditch
before discharging. The remaining five package WWTPs are removed from the
shoreline and utilize either drainfields or evaporation-percolation ponds (DNR,
1985). There are no industrial waste discharges into waters of the preserve.

All surface waters of the. state are classified by DER according to designated uses.
Each classification has corresponding water quality criteria. Criteria applicable to
a classification are designed to maintain the minimum conditions necessary to
assure the suitability of water for the designated use of the classification.

Surface waters within the Guana River Marsh Aquatic Preserve are classified as
Class III and Class 11. Class III waters are designated for recreation and the-
propagation and maintenance of a healthy, well-balanced population of fish and
wildlife. Class 11 waters are designated for shellfish propagation or harvesting.

The Tolomato River and tributaries, from a line connecting Spanish Landing to
Booth Landing south to an east-west line through the AIW marker 55, are
designated Class 11 waters. The Guana River and tributaries, from Guana Lake
Dam south to the Tolomato River are also designated Class II.. All other surface
waters within the preserve are designated Class III (Figure 5).

The DNR Shellfish Environmental Assessment Section further'delineates Class 11
waters into specific harvesting areas: Approved, Conditionally Approved, or
Prohibited. This classification system allows for oysters and clams to be harvested
when the water quality meets specific standards, specifically fecal coliform levels.
The National Shellfish Sanitation Program establishes guidelines and standards for

shellfish control. The public health risk of consuming raw or partially cooked
shellfish harvested from waters. conforming to these guidelines is acceptable.

In northern St. Johns County, shellfish can be harvested in Approved areas in the
absence of hurricanes, red tides, sewage spills, oil spills, chemical spills, and other
pollutional events. In the event of closure following such catastrophic occurrences,
the area may be reopened when acceptable water samples and shellfish meat
samples have been obtained. In Conditionally Approved areas, rainfall amounts
further dictate when shellfish can be harvested.' These areas are closed to
harvesting when rainfall, as recorded in St. Augustine, meets or exceeds 2.0 inches
in any 72-hour period. One acceptable set of water quality samples from the
stations in the Conditionally Approved area will be required to reopen the area after
a closure. Shellfish cannot be harvested at any time within a Prohibited area.

Prior to 1985, both the Tolomato and Guana River Class 11 areas were classified as
Approved harvesting areas. Bacteriological water quality survey data from
September 1978 through March 1984 indicated that these areas should be
reclassified. In 1985 they were reclassified to their current status of Conditionally
Approved (AIW Marker 28 south to AN Marker 47) and Prohibited.

Surface waters within the Guana River Tract were designated as "Outstanding
Florida Waters" (OFW) on May 14, 1986. Because of their natural attributes, these
waterbodies are assigned additional protection through the DER.

Chapter 17-302, F.A.C., addresses the water quality standards by which OFW
designated waterbodies are -managed. Permit applications for activities that lower
ambient water quality standards within OFW designations are normally denied.

G. BIOLOGICAL COMMUNITIES

The diversity of biological communities within the Guana River Marsh Aquatic
Preserve is one of the preserves most unique features. This association of natural
communities provides habitat for a wide variety of resident and migratory wildlife
including over 20 species of mammals, over 200 species of birds, over 30 species
of reptiles, seven species of amphibians, and around 75 species of fish.

Game animals on the Guana River tract include native and migratory species. Gray
squirrels, white-tailed deer, quail, rabbits, rails, mourning doves, and wood ducks
are year-round residents. Migratory game includes an estimated wintering
population of approximately 10,000 ducks, 30,000 coots, snipes, rails, doves and
some woodcock (DNR, 1985). The total wetland area of the preserve can
potentially support 50,000 wintering ducks..

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ST. JOHNS COUNTY
MAP 33-3

------ Aqucrflc Preserve
South Pont,
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ST. JOHNS COUNTY NORTH -N-

-- --------------

NAUTICAL MILES

SCALE

FIGURE 5 Shellfish Harvesting Area Map V.Po
Fla. Deportmeno a# matwol olemseurces ..stock..
Shellfish Sanitation section
P 0. Due so 100
AvelachmMle, Floe 32320

Approweld

C*rdifioi%olly Approwod

Prohibited
ip
Lkiclimnsibod JUftapprow*d) PARK

All areas or* subject to change based on
Welor ssweli-ly 8 m tions. Coatoct County
Health DeParIN116,014 of Marine Patrol #or
information.
This -P wq% revised on. June 1985

Nees. This
m&D Os A&I to be used for
afroverooft Purposes 31

Numerous non-game migrants utilize the tract due to its unique coastal location.
Many are small and inconspicuous, such as warblers. These species migrate on
a fly-way to and from South America and use the coastal forested areas as resting
sites between migration over the Atlantic.

The Guana River Marsh Aquatic Preserve contains thirteen distinct biological
communities: tidal flats, tidal beaches, tidal marsh, oyster bars, basin marsh,
cypress swamp, hardwood swamp, Atlantic beach dune, coastal strand, pine'
flatwoods, scrub, shell middens, and maritime hammock. A wetland vegetation
map is provided in Figure 6.

Tidal flats, tidal beaches, tidal marsh, and oyster bars are marine and estuarine
communities and will be described in detail. Basin marshes, cypress swamps, and
hardwood swamps are palustrine communities and will be discussed briefly.
Atlantic beach dune, coastal strand, pine flatwoods, scrub, shell middens, and
maritime hammock are upland communities and the reader is referred to.General
Assessment of the Guana River State Lands Upland Biological Communities (DNR,
1985).

1 . TIDAL FLATS

Tidal flats are estuarine mineral-based unconsolidated substrate communities
Consisting of mud and sand flats associated with river mouths, channels and
creeks. These flats lie between the extreme spring high and low tide lines
in lagoons and estuaries. While these areas may seem relatively barren,
these communities may support a large population of infaunal organisms as
well as a variety of transient planktonic and pelagic organisms.

The intertidal flats are inhabited by microscopic benthic algae. Pomeroy
(1959) suggested that "mud algae" may contribute as much as one-third of
the total estuarine productivity in Georgia. Algae-based food webs eliminate
the loss of energy associated with trophic intermediates (i.e., bacteria and
fungi) in detritus-based food webs. Infaunal organisms in subtidal zones can
reach the tens of thousands per square meter, making these areas
important feeding grounds for many bottom feeding fish, such as redfish,
flounder, spot, and sheepshead. The intertidal and supratidal zones are
extremely important feeding grounds for numerous species of birds and
invertebrates.

Fauna commonly associated with tidal flats are listed in Table 1.'

Table 1

FAUNA COMMONLY ASSOCIATED WITH TIDAL FLATS

Invertebrates Fishes
amphipods striped anchovy
polychaete worms bay anchovy
horseshoe crabs Atlantic menhaden
blue crabs Atlantic spadefish
fiddler crabs spotted seatrout.
bivalve molluscs spot - I
gastropod molluscs silversides
Atlantic croaker

Birds striped mullet
American oystercather threadfin herring
semipalmated -plover pigfish
black-bellied plover summer flounder
ruddy turnstone southern flounder
willet sea robins
least sandpiper red drum
western sandpiper lookdown
sanderling puffers
common tern Atlantic needle fish
least tern inshore lizardfish
royal tern Atlantic stingray
black skimmer sheepshead'
herring gull pinfish
ring-billed gull
laughing gull
fish crow (Peterson et al., 1979)
great blue heron (City of Jacksonville, 1984)
little blue heron (FNAI, 1990)
great egret (St. Johns County, 1990)
snowy egret

Micklers Pt. ------ --------
Preserve Boundary extends out 3 miles so-

FIGURE 6. Wetiand Vegetation

Fresh Water Marsh

Salt Marsh

m@ tit,
210
AlA

A'.-2 - -

NOTE Western preserve boundary
extends to the westerly mean high @VMNJ
9@'- 4@,
water line of the To mato River
lo
and Its tributaries.
1A, -
0

Miles

FIGURE 6. Wet
iand Vegetation
"TWA.'-
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Anw

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extends to the Westerly mean 4qr8q@2qqh
water 2q9nqe of the T6qo2qlomqa8qtqo 12qMqYq-qOqr

2. TIDAL BEACHES

Tiddl beaches are marine mineral-based unconsolidated substrate
communities found along the shoreline of the Atlantic Ocean. The beach
substrate is mainly coquina with white quartz -sand. Although the turbulent
wave conditions appear to result in an unstable and harsh environment, the
surf zone is an important habitat for a variety of animal life. For species
adapted to this environment, the wave energy may provide a subsidy by
supplying plankton and detritus to secondary filter feeders, exposing prey to
fishes, and concentrating plankton along the sw"ash zone (Ross, 1983).
Swash zones also act as biological purification systems for coa stal water.

Organic matter from the ocean, especially macroscopic algae, is acted upon
by bacteria in the beach sands. The bacteria are, in turn, eaten by
nematodes, flatworms, protozoa, and amphipods. In the high energy zone
of the beach, permanent residents are primarily burrowing marine life such
as ghost shrimp, polychaetes, and sea cucumbers. At low tide, shore birds
actively feed on the many burrowing organisms.

For some fish species, the surf zone is used only by larval stages, with
juveniles occurring in other, primarily lower salinity, environments. Other
species, spawn-offshore and utilize the surf zone as a juvenile nursery area.
A third group spawns offshore and nearshore and may be found in the surf
zone as larvae, juveniles, or even adults.

The upper beaches of the preserve are important nesting areas for the
threatened least tern and loggerhead turtle. The endangered Atlantic green
and Atlantic leatherback* turtles occasionally nest in this region.
Fauna commonly associated with tidal'beaches are listed in Table 2.

Table 2

FAUNA COMMONLY ASSOCIATED WITH TIDAL BEACHES

Birds Invertebrates
American oystercatcher ghost shrimp
sernipalmated plover mole crabs
Wilson's plover polychaete worms
black-bellied plover razor clams
ruddy turnstone acorn wo 'rms
willet sea cucumbers
least sandpiper gastropods

39'

western sandpiper sand dollars
semipalmated sandpiper brittle stars
sanderling horseshoe crabs
common tern copepods
least tern nematodes
royal tern flatworms
black skimmer amphipods
herring gull
laughing gull
ring-billed gull
fish crow
godwits
redknots

Fishes Reptiles
Florida pompano Atlantic loggerhead turtle
Gulf kingfish Atlantic green turtle
flounder Atlantic leatherback turtle
lizardfish
killifish
whiting
scaled sardines
striped anchovy (Johnson et al., 1974)
Gulf menhaden (FNAI, 1990)
bay anchovy St. Johns County, 1990)
sea catfish
Atlantic threadfin
white mullet
Atlantic bumper
pinfish
Atlantic croaker
silversides

3. TIDAL MARSH (SALT MARSH, BRACKISH MARSH)

The tidal marsh is an estuarine floral based community. This is the largest
community within the Guana River Marsh Aquatic Preserve and exists along
the boundaries of the Tolomato and Guana Rivers and in the southern
portions of Lake Ponte Vedra. This is an extremely productive community
that begins at the supra-tidal zone and gradually slopes to the intertidal
rivers and creeks. Tidal marshes are subjected to rapid changes in salinity,
drainage, tidal fluctuation and temperature. This rigorous environment
restricts the number of species that can inhabit the marsh and creates the

distinct vegetation zones that are characteristic of tidal marshes. Zonation
of plant species within the tidal marsh is dependent on elevation, depth of
tidal flooding, and salinity.

The vegetation of the salt marsh community consists of a number of species
in the grass (Poaceae), sedge (Cyperaceae), and rush (Juncaceae) families.
The tidal marsh within the preserve is dominated by smooth cordgrass
(Sgartina alterniflora). Smooth cordgrass is well adapted to sea-strength
salinity, 35 parts per thousand (ppt), and occurs in the regularly flooded or
low marsh (zone between MILW and MHW). Smooth cordgrass becomes
mixed with glasswort (Salicornia spp), saltwort @qtis maritima), sea purslane
(Sesuvium portulacastrum), and salt grass (Distichlis - spicata) on sandy
substrates near the high water mark.

Areas of high marsh (zone between MHW and IVILW spring tide) occur
where tidal flow is restricted and are dominated by black needlerush (Juncus
roemerianus). Other commonly occurring species in the high, marsh include
sea oxeye. (Borrichia frutescens), sea lavender (Limonium carolinianum),
marsh elder (LLa, frutescens), and groundsel tree (Baccharis halimifolia).
Some black mangrove (Avicennia germinans) is scattered throughout the
preserve's salt marshes although no,viable populations exist due to their
intolerance of freezing temperatures.

Widgeon grass (Rul2pia mariti ma) is a submerged aquatic herb which prefers
brackish water less than 25 parts per thousand salinity. It is one of the most
valuable of submerged aquatic plants for fish and wildlife food and cover.

Tidal fluctuation is the most important ecological factor- in salt marsh-
communities. The frequency and physical action of tidal flooding attributes
to the fragmentation of vegetation and the rate of decomposition. The
nutrients, sediments and detritus from the uplands filter into the marsh
contributing to this highly productive environment. The changing water
levels allow for the cycling of these nutrients and gives marine and estuarine
fauna access to the marsh. This exchange or flushing action helps to make
salt marshes one of the most biologically productive natural communities in
the world, even to the degree of surpassi.ng the most intensive agricultural
practices.

Decomposing organic matter generated from the salt marsh vegetation
provides an essential link in the estuarine - oceanic food cycle. Bacteria and
fungi modify detritus by converting lignins and cellulose into proteins, fats,
and sugars. These microorganisms act as the first consumers in a detrital-
based food web. The second trophic level is dominated by detritivores rather
than herbivores. Blue crabs, shrimp, and fish such as the striped mullet and
killifish belong in this group. These detritivores are consumed by

carnivorous fish. Figure 7 illustrates the dynamics of a typical marsh food
web and its importance to top carnivores extending outside the salt marsh
community.

A great number of invertebrates and fish, including most of the commercially
and recreationally important species such as shrimp, blue crab, oysters,
sharks, grouper, snapper and mullet, use salt marshes throughout part or
all of their life cycles. The habitat provides ideal protection and an abundant
food supply for juvenile and adult fish, birds and invertebrates, and forms the
perfect "nursery" grounds.

Tidal creeks are preferred by many commercially important species such as
blue crab, shrimp, mullet, menhaden, and many other fishes. According to
Seaman (1985), at least 75% of Florida's recreational and commercial fish
depend on estuaries for at least part of their life. In Florida, at least 72% of
the 89 commercially-landed species of finfish and shellfish and 74% of the
84 recreational species are estuarine-dependent.

Seaman (1985), goes on to say that penaeid shrimp, which use the marsh
for refuge and feeding, represent the most economically important fishery in
Florida with a 1980 dockside value of $48,107,789.

The amount of salt marsh vegetation is directly related to the yields of
penaOid shrimp. Alterations of freshwater flow and reduced water quality
from runoff have been shown to have an affect on penaeid shrimp (Seaman,
1985).

According to the Department of Natural Resources, 1988 Assessment of
Fisheries Habitat: Northeast Florida, the loss or alteration of wetland
habitats, resulting from population growth and development, is probably the
most important issue affecting coastal fisheries in northeast Florida. The
secondary effects of development that act to stabilize the landscape (e.g.,
dredging, filling, bulkheading, channelization) alter freshwater inflow and
increase pollutants, thereby contributing to reduced fisheries production.

Salt marshes are also extremely important because of their abilities to buffer
storms and to filter out pollutants from the water. The dense composition
of roots and stems holds.the unstabilized soils together, reduces the impact
of storm wave'surge, and protects shorelines from erosion. The plants,
animals and soils filter, absorb, and neutralize,many pollutants, such as
heavy metals, pesticides, and sewage effluents, before they can reach
adjacent marine and estuarine communities. This removal of excess
nutrients and pollutants is in a manner analogous to tertiary waste treatment.
These are additional factors that make tidal marshes an extremely valuable
natural resource.

FRESHWATER

WETLANDS

MACRO-ALGAE
& PLANKTON FEEDERS

20 CARNIVORE

Redflah

So
MARSH GRASSES PHYTO- op r::rout
PLANKTON C kers
zoo- Flounder
40;@p 90 N* PLANKTON

ITUS

MID-
CARNIVORES
DETRITAL FEEDERS
SEAGRASSES

DEPOSIT

Killifish
FEEDERS TOP CARNIVORES
Spot
Sharks
Pinfish
Herons
Tidewater Gulls
ailverside

Pelicans

Racoons

_j
Man

FIGURE 7.
Generalized marsh-estuarine food web (Durako et al., 1985).

The high density of plant stems and roots effectively anchors sediments from
upland runoff or from littoral and storm currents. As suspended solids from
runoff are restrained, water clarity increases, thereby providing suitable
habitat for phytoplankton and submerged vegetation. Decaying marsh
plants and transported detritus which are also trapped by the living plants,
accumulate to form peat deposits. Together these accretion processes build
land.

Fauna commonly associated with salt marsh communities are listed in Table
3. Marine mammals such as the bottle-nosed dolphin and West Indian
manatee occasionally travel the open waters of the Tolomato River (AIW)
and also the Guana River north to the Guana Dam. In fact, three manatee
mortalities have been reported for the Tolomato River between 1974 and
1990.

Table 3

FAUNA COMMONLY ASSOCIATED WITH SALT MARSH COMMUNITIES

Mammals Birds
marsh rabbit great blue heron
rice rat great egret
raccoon snowy egret
bobcat little blue heron
river otter tricolored heron
cattle,egret
green-backed heron
Fishes black-crowned night
lady fish heron
Atlantic menhaden white ibis
sea catfish wood stork
spot green-winged teal
mummichog ring-necked duck
silverside hooded merganser
striped mullet osprey
spadefish northern harrier
pinfish clapper rail
spotted sea trout black-bellied plover
red drum wilson's plover
weakfish sernipalmated plover
croaker American oystercatcher
northern kingfish willet
jack crevalle spotted sandpiper
lookdown ruddy iurnstone

Florida pompano western sandpiper
pigfish grunt least sandpiper
threadfin herring dunlin
southern fluke short-billed dowitcher
summer flounder marsh wren
bluefish seaside sparrow
butterfish
sharks
mojarra Invertebrates
sheepshead minnow barnacles
striped kilifish marsh periwinkle
clam worm' fan worm
groupers salt marsh snail
snappers blue crab
hard-shelled clam or quahog
fiddler crab
Reptiles horseshoe crab
American alligator penaeid shrimp
diamonback terrapin grass shrimp

(City of Jacksonville, 1984)
(FNAI, 1990)
(St. Johns Courity, izj90)

A component of the tidal marsh community is the brackish marsh
community. Brackish marshes are found in preserve areas such as the
managed Diego Pond, higher zones of the tidal marsh, and north-central
portions of Lake Ponte Vedra. Brackish marshes have salinity levels of
about one-third sea strength. Salinity is strongly influenced by rain water
runoff. Vegetation consists mainly of species found in the saltmarsh, but
includes additional species less tolerant of higher salinity levels. Some
representatives are: cattail C[ypha domingensis), dwarf spikerush (Eleocharis
parvula), saltmarsh bulrush (Scirpus robustus), rush (Juncus spp.), and
muhly grass (Muhlenbergig capillaris).

4. OYSTER BARS

Oyster bars are estuarine faunal based mollusk.reef communities typically
characterized as concentrations of sessile mollusks occurring in intertidal
and subtidal zones. This community is common in the low-energy,
sedimentary environment characteristic of the continuous strands of
saltmarsh occurring along the Tolomato and Guana Rivers and in the
southern portion of Lake Ponte Vedra.

The extensive surface area of an oyster reef provides essential habitat for a
wide variety of organisms. Every square meter of oyster bed provides up
to 50 square meters of hard substrate (Bahr and Lanier, 1981). This
substrate is colonized by many suspension- and deposit-feeding
macrofaunal consumers such as barnacles, polycheates, -amphipods, and
mud crabs. These are preyed upon by carnivores, such as the bluecrab
and black drum. Oyster reefs that are exposed during low tides are
frequented by a multitude of shorebirds, wading birds, raccoons, and other
vertebrates.

One of the functions of the oyster reef inhabitants in a saltmarsh ecosystem
is to mineralize organic carbon and release nitrogen and phosphorus in
forms usable by the primary producers (phytoplankton and benthic algae).

Oyster reefs also affect the physiography and hydrology of estuary by
modifying current velocities and changing sedimentation rates and patterns.
Oyster reefs trap sediment, stabilize erosional processes, and provide a
stable island of hard substrate.

Historically, oysters have been an important commercial product in St. Johns
County. The National Marine Fisheries Service (NMFS) reports that 65,179
pounds of oyster meats valued at $81,511 were harvested in St. Johns
County in 1980.

The major threats to oyster reefs continue to be pollution and high levels of
turbidity. Oysters are filter feeders, filtering up to 100 gallons of water a day.
In addition to filtering food, they also filter and accumulate toxins from
polluted waters. Declining oyster populations can be expected in coastal
waters that are being dredged or are receiving pollutant-laden stormwater
runoff or drain-age from untreated or improperly treated residential or
industrial sewage systems.

Fauna commonly associated with oyster reef communities are listed in Table
4.

Table 4

FAUNA COMMONLY ASSOCIATED WITH THE OYSTER REEF COMMUNITY

Invertebrates Fishes
stone crab menhaden
blue crab lizard fish
mud crab toadfish
mussel catfish

ivory barnacle pinfish
amphipods sea trout
shore shrimp spot
clams black drum
mud worms mullet'
oyster drill sheepshead minnow
polychaetes sheepshead

Birds Mammals
American oystercatcher raccoon
boat-tailed grackle
fish crow (Bahr and Lanier, 1981)
ruddy turnstone (City of Jacksonville, 1984)
dunlin (FNAI, 1990)

5. BASIN MARSH (FRESHWATER MARSH)

The basin marsh community is a freshwater community found in the interior
lakes, marshes, borrow areas, and northern portions of Lake Ponte Vedra.
It is characterized as an herbaceous or shrubby wetland. Vegetation
consists almost entirely of low growing wetland species but graduates into
other communities. Open areas of relatively permanent water within the
marsh are considered to be Marsh Lakes communities.

Basin marshes have a cover composed primarily of emergent grasses and
sedges, but also include leafy aquatics and various submergent species.
Plant diversity and species richness are characteristically much higher than
that found in higher salinity brackish and salt marshes.

Annual emergent grasses are the most abundant vegetation with other
grasses such as sawgrass and sand cordgrass existing on slightly higher
marshlands. Other emergent plants include softstem bulrush, woolgrass
bulrush, smartweeds, foxtail grass, wild millets, and water primrose. The
most abundant submerged species is widgeon grass which constitutes an
extensive bottom Cover, extending to the water surface. Other submergents
include muskgrass, pondweeds, naiads, coontail, and bladderwort. Floating
aquatics consist mainly of duckweeds.

Wildlife of the basin marsh includes birds (e.g. roseate spoonbill, anhinga)''
reptiles (e.g. American alligator, Florida watersnake), amphibians (e.g
leopard frogs), and fish (e.g. Florida gar, largemouth bass and sunfish).

Ecotones formed by basin marshes adjoining hammock' areas function as
important day-use areas for many bird species such as roseate spoonbills,
wood storks, white ibis, egrets, and yellow-crowned night herons.

Inland freshwater marshes are dependent upon the seasonal hydroperiod
or management that mimics natural water level fluctuations. Shortened
hydroperiods will permit the invasion of mesophytic species, while longer
hydroperiods will convert marsh into lake. Fire is also necessary to control
hardwood encroachment.

Man-modified wetlands should be managed in lieu of becoming stagnant.
Proper water controls and drainage are vital for synchronizing management
objectives and flexibility (FGFWFC, 1990.)

6. CYPRESS SWAMP (DOME SWAMP)

This community is comprised of relatively small wetlands located in the
northern portion of the Guana peninsula. They are characterized as shallow,
forested, usually circular depressions that generally present a domed profile
because smaller trees grow in the shallower water at the outer edge, while
bigger trees grow in the deeper water in the interior. Vegetation is
dominated by pond cypress, swamp tupelo, maple, loblolly bay, pond
pine and button bush.

The cypress swamps are important communities in the Guana River Marsh
Aquatic Preserve in that they serve as bird rookeries or resting areas for
listed species. One swamp is a rookery for the wood stork (Mycteria
americana). This rookery occupies a cove-shaped portion of a larger
swamp. Numerous wood stork fledglings seemed to be most abundant on
dead or largely defoliated. cypresses, with one tree containing up to, 15
fledglings (DNR, 1985). Fledgling tri-colored heron (Egretta tricolor.) and
anhingas were also present in this rookery.

Another cypress swamp is used as a day rest area by white ibis (Eudocimus
aLbus) (Endangered, FNAI).

7. HARDWOOD SWAMP

Hardwood swamps.are floodplain wetland forested communities that occur
on the northern portions of the Guana peninsula, primarily in poorly drained
depressions and floodplain zones. Plant species diversity is low, with the
overstory dominated by gum, oaks, and maples. Hardwood swamps usually
occur in close association with basin marsh communities.

Hardwood swamps harbor a diverse array of animals including both
temporary and permanent residents. Typical animals include salamanders,
frogs, toads, snakes, alligators, various bird species, shrews, rats,. mice,
opossum, beaver, racoon, and bear.

The maintenance of natural hydrologic regimes is critical to the health of
hardwood swamps and to the downstream systems with which they are
connected. Species composition and the functional relationships throughout
a floodplain system are negatively impacted by hydrological alterations such
as artificial impoundments, river diversion projects, pesticide use, forest
clearcutting, or intensive agriculture.

H. LISTED SPECIES

Table 5 catalogs listed animal species that are known or are likely to occur within
the Guana River Marsh Aquatic Preserve. These species have been given legal
protection pursuant to the U. S. Fish and Wildlife Service (USFWS) Endangered
Species Act of 1973, and/or the Florida Game and Fresh Water Fish Commission
(FGFWFC) regulations..

Listed species may be classified as endangered, threatened, of special concern, or
are candidates for such listing. Endangered species are those threatened with
extinction if the deleterious factors affecting their. populations continue. These are
species whose numbers have already declined to such a critically low level, or
whose habitats have been so seriously reduced or degraded that without active
assistance, survival is questionable. Threatened species are those likely to become
endangered in the foreseeable future if current trends continue. Species of special
concern are those that warrant special attention even though they do not fit the
other categories. These species, although perhaps not rare, may be especially
vulnerable to certain types of exploitation or environmental changes and have
experienced long term population declines. Species of this designation may also
have potential impact on endangered or threatened populations of other species.

A major objective of this plan's management policy is to identify, map, and protect
the endangered and threatened species habitat within the preserve boundary and
provide input in decisions that would affect known habitat of these species on
adjacent lands and in marine areas.

In many cases, these species will benefit most from proper management of their
natural communities. Natural systems management will simultaneously help
preserve the listed species which inhabit those systems. At times, however,
additional management measures, such. as increasing public awareness through
interpretive literature and programs, are needed because of the disturbed condition

of some communities, or because of unusual circumstances which aggravate the
particular problems of a species.

In nat*ural and man-modified habitats within the WMA, FGFW`FC management
objectives include maintaining, increasing, and ensuring the abundance and/or
distribution of threatened and endangered- wildlife.

The beach at Guana River is nesting habitat for two threatened species, the least
tern and loggerhead turtle, and possibly two endangered species, the leatherback
turtle and the green turtle.

Local turtle watch groups have monitored loggerhead nesting at Guana River since
1981. Their survey results indicate that Guana is an active nesting beach: the
average nesting density over a five-year period, 1981-1985, was 5.2 nests per mile.
More recent data from a 1990 beach index survey indicates 59 nests occurred over
about 4.2 miles of beach at Guana River State Park. This data would result in a
density of 14.0 nests per mile in this area.

There is a significant nesting colony of least terns along Guana beach. Monitoring
over the past few years has shown that the beach is used by as many as 100 pairs
of nesting terns. The nests were dispersed over a mile of beach in the north-
central portion of the preserve.

The north coast region of Florida, including St. Johns County, is of great
importance as a travel corridor for manatees moving between winter habitat in
'
south Florida and feeding and resting areas along the east coast of Florida and into
south Georgia. Preferred warm weather feeding and and resting sites typically lie
along quiet creeks, rivers, and embayments on the mainland side of the Atlantic
Intracoastal Waterway (AIW). Therefore, the Tolomato River would be a likely area
that the manatees would use as they travelled up and down the east coast. -

There is a colony of roseate spoonbills (species of special concern) which regularly
roost in trees along "Big Savannah Pond", the southernmost artesian-fed basin
marsh in the preserve. There were 32 birds observed in this area on August 21,
1985 (DNR, 1985). Wood storks (endangered) also roost in the same area and
have nested in a cypress dome at the north end of the Guana peninsula. .

The interior freshwater marshes (basin marshes) of the preserve are important
feeding and nesting sites for several other birds that are species of special concern.
The little blue heron, tri-colored heron, snowy egret, and limpkin are all dependent
on these type of wetlands for their survival. Loss of habitat, water management
practices on uplands, and the introduction of pesticides into the food web are some
of the events occuring outside of the preserve that imperil these species survival.

51'

Peregrine falcons wintering in Florida require an area that has a plentiful and
dependable supply of birds for food. Florida's coastal areas provide optimum
wintering habitat in regions where ducks, coots, and herons abound.
Impoundments and marshy lakes, like 'Lake Ponte Vedra, attract wintering
peregrines. Management and use of wetlands to maximize wildlife productivity will
benefit the peregrine falcon in- the preserve.

The bald eagle population in Florida has declined by at least 50% in the past 30
years (Robertson, 1978). Persistent pesticides may have played a role in the
decline. Over most of Florida, however, destruction of coastal nesting habitat and
disturbance of nesting eagles by man were undoubtedly the major causes of the
decline.

The Eastern brown pelican has suffered a similar fate on a national level. A
massive die-off in Texas and Louisiana during the 1960'8 prompted the federal
government to list the pelican as an endangered species until 1984. It appears that
local populations have remained stable and the pelican has been deleted from the
endangered category and is now considered to be a species of special concern in
Florida.

The Florida m ink is confined to the coastal zones of the northern half of the Florida
peninsula. This mink presumably feeds almost entirely on food resources in marine
and estuarine environments. The high rate of disappearance of coastal marshes.
makes the fate of this rare mink of critical concern.

Not included in Table 5 are species that are likely to occur in the preserve and have
legal protection through the Convention on International Trade in Endangered
Species (CITES). These include: osprey (Pandion hariaetus), northern harrier
(Circus - gyaneus), merlin (Falco columbarius), eastern American kestrel (Falco
sparverius sgarverius), river otter (Lutrg cana-densis) and bobcat -(Lynx rufus).

In addition, the Florida Natural Areas Inventory (FNAI) identifies rare and
endangered species. Those likely to occur in the preserve but are not listed in
Table 5 or the CITES list include: great egret (Casmerodius albus), white ibis
(Eudocimus albus), least bittern (Ixobfychus exilis , yellow-crowned night heron
(Nyctanassa violacea), black-crowned night heron (Nycticorax nvcticorax), hairy
woodpecker (Picoides villosus), glossy ibis (Plegadis falcinellus), black skimmer
(Rynchogs nLqer) caspian tern (Sterna casgia), royal tern (Sterna maxima),
sandwich tern (Sterna sandvicensis) , southeastern big-eared bat (Plecotus
rafinesquii), opposum pipe fish (Oostethus brachyurus , sea lamprey (Petromyzon
marinus), and spotted turtle (Clemmys guttata),

Table 5

Listed Wildlife Species
Likely to Occur In Guana River Marsh Aquatic Preserve

Listed Status

COMMON NAME/SCIENTIFIC NAME FGFWFC USFWS

BIRDS:

Brown pelican
Pelecanus occidentalis SSC

Little blue heron
Egretta caerulea SSC

Tricolored/Louisiana heron
EQretta tricolor SSC

Snowy egret
Earetta thula SSC

Limpkin
Aramus Quarauna SSC C2

American oystercatcher
Haematogus palliatus SSC

Least- tern-
Sterna antillarum T

Bald eagle
Haliaeetus leucocephalus T E

Wood stork
Mycteria americana E E

Piping plover
Charadrius melodus T T

Southeastern American kestrel
Falco sgarverius paulus T C2

Florida scrub jay
Aphelocoma coerulescens T T

Roseate spoonbill
ALaia AL&@a SSC

Peregrine falcon
Falco geregrinus E T

Kirtland's warbler
Pendroica kirtlandii E E

MAMMALS:

West Indian manatee
Trichechus manatus
latirostris E E

Right whale (migratory)
Balaena alacialis E E

Humpback whale (migratory)
Megagtera novaeang!jgg E E

Florida black bear
Ursus americanus
floridanus T C2

Round-tailed muskrat
Neofiber alleni C2

Florida mink
Mustela vison lutensis C2

REPTILES:

American alligator
Alligato mississippiensis SSC T(S/A)

Eastern indigo snake
,D[ymarchon corais couperi T T

Gopher tortoise
Gopherus polyphemus SSC C2

Atlantic loggerhead turtle
Caretta caretta caretta T

Atlantic green turtle
Chelonia' mydas myda-s- E E

Leatherback turtle
Dermochelys conacea E E

FISH:

Atlantic sturgeon
Acipenser oxyrhynchus SSC PT*

Common snook
Centropomus undecimalis SSC

Shortnose sturgeon
Acipenser brevirostrum E E

*Applicable only to the subspecies A-o. desotoi (Gulf sturgeon)

FGFWFC = Florida Game & Fresh Water Fish Commission
USFWS = United States Fish & Wildlife Service
E = Endangered
T = Threatened
T(S/A) = Threatened Due to Similarity of Appearance
C1 = A candidate for federal listing, with enough substantial information
on biological vulnerability and threats to support proposals for
listing.
C2 A candidate for listing, with some evidence of vulnerability, but for
which not enough data exist to support listing.
PE Proposed Endangered
PT Proposed Threatened

1. CULTURAL RESOURCES

The GuanaRiver Marsh Aquatic Preserve contains several significant prehistoric
and historic cultural sites. The history of the area dates back more than 4,000
years and artifacts found have included samples ranging from a late Archaic period
(ca. 2500-1000 B.C.) arrowhead to late 19th century pottery.

To date, the Division of Historical Records, Department of State, has identified 23
archeological and historic sites. These sites are located primarily in the maritime
hammock habitat on the Guana peninsula. Extensive archeological work has not
been conducted and the discovery of up to 40 additional sites is anticipated within
maritime hammock environments on the tract. To date there have been no
archeological or historic sites recorded on the Atlantic coastal beaches and dunes,
on the coastal strand between SR AlA and the tidal marsh, or on the estuarine
marsh along the Tolomato and Guana Rivers.

A preliminary walkover survey identified eight of the 23 known sites as being
archeologically significant. Three of the sites are not considered to be
archeologically or historically significant and the remainder are considered to be
potentially significant and should be protected until further detailed assessments
can be performed.

-Notable among the significant sites are:

1. "Shell Bluff Landing" - This is an extensive midden site located on the
west side of the Guana peninsula along the shoreline of the Tolomato
River. Artifacts representing the cultures of the area from the Orange
period (ca. 2500 B.C.) to Recent times have been found at the site.
On February 8, 1991, the Florida National Register Review Board
approved the nomination of this site for listing in the National Registe
of Historic Places. The site has experienced extensive shoreline
erosion problems over the years and much of the midden has been
lost to the encroaching Tolomato River.

2. "Guana River Shell Ring" - This is a large (100 meter diameter) shell
ring made up of oyster, clam, conch, and coquina shells located on
the east side of the Guana peninsula adjacent to Lake Ponte Vedra
(formerly part of Guana River). Artifacts found indicate a late Archaic
period (ca. .2500-1000 B.C.) date for the ring's construction. This is
the only Archaic shell ring reported to date in the State of Florida. It
is considered to be eligible for, listing in the National Register o
Historic Places.

3. "Guana River Site" - This extensive shell midden. site extends over 100
meters along_ a ridge overlooking Lake Ponte Vedra. The midden is

made up of layers of zones bel 'ieved to date from the preceramic
Archaic period (prior to 2500 B.C.) in the lowest zone to historic
European occupation, Spanish or British (ca. A.D. 1763-1900) in the
upper zone. This site appears to have been -occupied (or
reoccupied) over a period of several thousand years.

CHAPTERIV

REGIONAL LAND USE AND DEVELOPMENT

A. PREVIOUS USES

The Guana River tract contains archeological sites that indicate that there were both
prehistoric and Spanish-era settlements on the property. Spanish colonial and early
English inhabitants used the area for ranching and farming activities. Early farm
crops included rice, indigo, and sugar cane. A network of dikes, levees, and
ditches and the remains of a rice or sugar mill still exist on the property. The uses
of these lands during the nineteenth and twentieth centuries included logging,
hunting, fishing, camping, and beach recreation. Evidence of a sawmill and logging
tram roads further indicate that the area was used as a source of lumber by early
settlers in the Jacksonville-St. Augustine area. Intense pine timber harvest began
during the late 1930's and continued until the 1970's (FGFWFC, 1 990).

The Guana River-tract was purchased in parcels by Stockton, Whatley, Davin and
Company (SWD) or predecessor firms (i.e., Ponte Vedra Corporation, State
Investment Company, and other entities) between 1931 and 1980. Plans were
prepared for multi-phase development of the property as a resort community. SWD
tried unsuccessfully to sell the land to the state for a park as early as 1965. Several
attempts to effect a purchase by either the state or federal government ended in
SWD eventually taking the property off the market (FGFWFC, 1990).

In 1957, the Florida Game and Fresh Water Fish Commission (FGFWFC) leased
part of the Guana River unit as a wildlife management area (WMA). The FGFWFC
undertook numerous projects and wildlife management procedures, including
construction of an earthen dam and water control structure across the Guana River,
which created Lake Ponte Vedra (1957-1962). Lake Ponte Vedra (Guana Lake)
was a cooperative effort between the landowner and the FGFWFC designed to
increase and enhance habitat for wintering waterfowl in northeast Florida. Saltwater
and freshwater fishing were excellent and hunting opportunities were developed.
The lake was officially designated a fish management area from 1964 to 1981.

During the 1960's, the landowner, the FGFWFC, and Anastasia Mosquito Control
District jointly developed selected interior ponds by installing earthen dikes,
drainage ditches, and.water control structures. Artesian wells on the interior ponds
were installed between 1955 and 1965 to assist in water management for fish and
wildlife. During the summer of 1981, the WMA lease agreement was not renewed
by SWD.

The property was sold, to Gate Petroleum Company of Jacksonville in July, - 1983.
In the following three years, the state acquired the property under the auspices of

the CARL and SOC Programs. Management authority was granted to DNR,
Division of Recreation and Parks (DRP), by Interim Management Agreement No.
745-0009 on July 25, 1985, for a period of twelve months. A conceptual land use
plan was prepared by DRP in cooperation with the FGFWFC and the Department
of State, Division of Archives, History and Records Management. The land use plan
phase of the planning process included the recommendation that the Guana River
tract be divided into a state park managed by DRP and a WMA managed by
FGFWFC.
The Guana River State Park covers 2,398 acre's including the southern portion of
the Guana River tract and 4.6 miles of beach front property along SR AlA. DRP
entered into a 50 year lease agreement (No. 3462) with the Board of Trustees of
the Internal Improvement Trust Fund (Board) on January 8, 1988. A management
plan was approved by the Board on August 14, 1990.

On April 1, 1988, the Board entered into a 50 year lease agreement (Nos. 770-9006
& 3585) with the FGFWFC for management of the WMA. The WMA consists of
9,815 acres in the northern and central portions of the tract. Open water areas,
marshes, and uplands are to be managed under a multiple-use management
program to include production of game and non-game fish and wildlife, and multiple
public uses including both consumptive and non-consumptive recreation. The
FGFWFC has a management plan that was approved by the Board on August 14,
1990.

On July 11, 1984, the Board entered into a 50 year lease agreement with State
Investment Company. These leased premises are used for a convenience store
and an automobile service station. The parcel covers 3.34 acres.

A Land Use Agreement between DNR and the North Florida Council, Boy Scouts
-of America was executed on January 9, 1989, for a period of 25 years. This
agreement provides for access to and use of lands designated within Guana River
State Park for camp facilities to be used for 180 days a year. Advance written
approval by DNR must be obtained prior to development of facilities, structures or
improvements with regards to purpose, location and design. An overall site plan;
indicating the purposes and location of facilities -i's subject to approval by the
Governor and Cabinet. The property covers approximately 175 acres.

B. ADJACENT UPLAND USES

Based on existing development conditions and Future Land Use Maps of St. Johns
County, the adjacent upland uses in this preserve are'categorized as follows:
Single-family residential, multi-family residential, commercial, industrial, agricultural,
public recreation, and conservation. These broad categories identify the upland
use adjacent to state-owned submerged lands and -do not necessarily reflect

county, State, or Federal zoning term inologies. The adjacent land use categories
are delineated in Figure 8.

Single-Family Residential, For the purposes of this plan, this category includes:
(1) low density and (2) medium density residential areas as delineated on the St.
Johns County Future Land Use Map. Low density areas have an allowable density
of 1-2 dwelling units per acre (du/acre) in mainland areas and .4-2 du/acre in the
coastal corridor east of the AIW. Medium density areas have an allowable density
of 2-8 du/acre in mainland areas and 2-5 du/acre in the coastal corridor.

1. Low density residential - There are two low density residential areas
located -in the preserve. The Mickler's Landing area is located in the coastal
corridor at the northern boundary of the preserve and covers 313 acres.
This area begins at the intersection of SR AlA and Mickler's Road and
extends in a southerly direction along both east and west sides of SR AlA
approximately 2.5 miles to the northern limits of. Guana River State Park.
The northern portion of the east side tract is moderately developed with
oceanfront single-family residences while the s *outhern portion is nearing
buildout. The tract west of SR Al A that borders the marshes of Lake Ponte
Vedra is currently undeveloped. The second low density area is locate d on
the mainland in the southwest corner of the preserve. This tract is east of
U.S. 1 and begins at the southern boundary of the preserve at Casa Cola
Creek. It extends in a northerly direction 4.5 miles to approximately 0.5 mile
north of Shannon Road and borders the -marshes and tidal creeks of the
Tolomato River. The majority of this area is sparsely developed at this time.
There is moderate development of single-family residences in the Stokes
Landing area. A few small, private docks are scattered along the tidal
creeks in this low density zone. One small subdivision, Casa Cola Landing,'
is currently being developed along the -marshes of Casa Cola Creek and
*contains ten 3/4-1 acre marsh-front lots. Island Landing subdivision is
located along Capo Island Drive north of Casa Cola Landing and borders
the marshes of Stokes Creek. This subdivision was approved in 1987 for
240 mobile home sites and 70 single-family lots. The infrastructure (roads,
central sewer and water, storm water retention) was constructed but final
development did not take place. The future of the project is uncertain.

2. Medium Density Residential - There are three medium density residential
areas located in the preserve. The largest is a tract of approximately 250
acres along the east side of SR AlA. This tract begins 6.7 miles south of
the intersection of SR AlA and Mickler's Road and extends in a southerly
direction 5.6 miles to the southern boundary of the preserve. The property
consists of oceanfront single-family residences and vacation rentals on lots
varying from 75 to 150 ft. wide. Turtle Shores, a single-family subdivision,
is located at the southern limits of the preserve and includes residences on
both sides of SR AlA. The second medium density area is located in the

northern section of the preserve along Neck Road. This area is moderately
developed with single-family residences. The properties on the east side of
Neck Road border the marshes of Lake Ponte Vedra. There are a few
single-family docks present. The third and smallest medium density area is
located on the southeast corner of the intersection of CR 210 and the AIW.
This 20 acre area along Canal Road is fully developed on small lots facing
either the AIW to the west or a man-made canal to the east and south.
There are ten single-family docks present in the AIW.

Muiti-Family *Residential: For the purposes of this plan this category includes high
density residential areas as delineated on the St. Johns County Future Land Use
Map. High density areas have an allowable density of 2-13 du/acre in both
mainland and coastal corridor areas. There is one multi-family residential area in
the preserve. It is located on SR AlA 1.2 miles south of Mickler's Road and is
sandwiched between two low-density zones. The property contains a 93 unit
oceanfront condominium complex and tennis courts that are west of Al A bordering
the marshes.of Lake Ponte Vedra.

Commercial: There are three small areas adjacent to state-owned submerged
lands in the preserve that are designated commercial. Palm Valley Fish Camp,
although north of the preserve boundary, is located within a commercial zone that
extends southward into the preserve. This zone is located on the east bank of the
AIW on both north and south sides of the CR 210 bridge. The southern half, which
is inside the preserve, hosts no commercial, activities.

Another commercial zone is located on Mickler's Road at the northern tip of the
marshes of Lake Ponte Vedra. This area contains a bar/restaurant with no water-
dependent structures. The third commercial zone is located south of the Guana
Dam entrance-road on the west side of SR AlA. This 19 acre site is situated on
Guana River State Park land but is designated for commercial land use. The state
leases 3.35 acres to a private company for a convenience store and automobile
service station. There are no water-dependent structures present on the property.
Another small parcel in the same vicinity is leased to the South Ponte Vedra Beach
Volunteer Fire Department.

Industrial: There is one zone designated industrial on the St. Johns County Future
Land Use Map that borders the preserve. It is located in the southwest corner of
the preserve adjacent to the tidal marshes associated with Casa Cola Creek. This
zone contains the St. Augustine Airport and the Geumman-St. Augustine
Corporation, an industry that modifies and overhauls aircraft.

M1 12 ---------------------- ---------- ------ ------
P
eserve Boundary exlends oul 3 miles 0-
r

FIGURE 8. Adjacent Land Use

Residential Single-Family

Residential Multi-Family
210
AIA
Public Recreation

Agriculture

Commercial

717

1.0

0
0

Miles

NOTE Western preserve boundary
extends to the westerly mean high
water line of the.Tolomato River
and Its tributaries.

..... . ..... .
FIGURE 8. Adjacent Land Use

Residential Single-Family

Residential Multi-Family

Public Recreation

Agriculture

M
Commercial

Q
S
M
W.
.

AIA
Z
N.

AOMN:6
V@f
X:

4.. ... .. ..

........ . . . . .
0
INV

iggp
Miles
Z

Ne.
0

Preserve Boundary
extends out 3 miles w
--- -------------------------

NOTE: Western preserve boundary
extends to the westedy mean high
water line of the Tolornato River
and Its trbutarled,

Agricultural: This category represents areas adjacent to the preserve that are
designated "Rural/Silviculture" on the St. Johns County Future Land Use Map. This
designation includes all uplands adjacent to the westerly MHWL of the Tolomato
River and its tributaries beginning at CR 210 and extending south to 0.5 mile north
of Shannon Road. This category contains the largest contiguous tract of privately
owned upland bordering the preserve. At the present time, this large tract of land
remains almost completely undeveloped. There are a few single-family residences
adjacent to Deep Creek at the east end of- Pine Island Road. Pine Island Fish
Camp is also located in the immediate vicinity. The fish camp offers boat rentals
and has a boat ramp and docking facilities. The majority of the property north of
Pine Island Road to CR 210 is owned by Davis Diversified Industries, Inc., a
Jacksonville-based company. The land is currently managed for its timber
resources.

All residential and related development of lands designated as "Rural/Silviculture"
are required to be reviewed by the Planned Rural Development District (PRD) of St.
Johns County. The minimum parcel size which can be submitted for review is 100
acres. Parcels submitted to PRD review must contain two distinct areas, a
"Development Area" and a "Reserve Area" which is to be designated open space.
The permitted density of the Development Area is based on the ratio of
Development Area to Reserve Area. Allowable densities range from 1 du/2.5 acres
to 2 du/acre. A minimum buffer of 200 feet is required between Development
Areas and adjacent land uses. Owners of lands whose size does not meet the
minimum acreage threshold for PRD development are permitted to construct one
single-family residence on each exempt parcel subject to all other applicable county
land development regulations.

Public Recreation: This category includes upland usage by the general public at
no charge as well as federal, state, county or municipal parks that charge a nominal
fee.

Guana River State Park contains almost 2,400 acres and provides a unique
setting for public recreation. Upland recreational uses are currently limited
to hiking, bicycling, and nature study. Proposed upland activities include
group camping, primitive camping, picnicking, and horseback riding.

The Guana River Wildlife Management Area provides upland recreational
activities such as hunti.ng, hiking, bicycling, horseback riding,- photography,
and nature study.

South Ponte Vedra Beach Recreational Park is an oceanside recreation area
on SR AlA in the southern reaches of the preserve. The park is on state-
owned land and is maintained by St. Johns County through an informal use
agreement. The park provides 30 parking spaces and.picnic facilities.

Conservation: Both the FGFWFC and DRP have ongoing programs for upland
conservation in the preserve. Ecological. burn plans coordinated with the
Department of Agriculture and Consumer Services, Division of Forestry focus on
the need to maintain fire-dependent Comm unities. Prescribed burning is used to
reduce hazardous fuel accumulation and to increase species diversity and richness.
Non-fire dependent plant communities are to be managed passively, without fire.
Certain roads, trails, observation points, and parking areas will be designated to
reduce unregulated travel, mechanical damage to plant communities, -and
unnecessary disturbance of sensitive wildlife and habitat. Roads not used for
management will be allowed to revert to a natural condition. Other upland
conservation measures include cultural resources protection, exotic species control,
native species restoration, restoration of disturbed areas, and listed species
protection.

Q. USES OF THE PRESERVE

The uses of the Guana River Marsh Aquatic Preserve can be divided into. five
general categories: private, commercial, public recreation, public transportation,
and conservation.

Private: Private uses are reflected in the presence of several docks
associated with adjacent upland single-family residences along the Tolomato
River and its tidal creeks and on Lake Ponte Vedra.

Commercial: Pine Island Fish Camp, located on Deep Creek, is the only fish
Camp in the preserve. Facilities include a boat ramp, a dock, and boat and
motor rental. Other commercial uses of the preserve include crabbing,
shrimping, fishing, and shellfish harvesting. There are six shellfish leases
approved under Chapter 370, F.S. These leases cover a total area of 204
acres.

Public Recreation: The preserve offers exceptional water-related recreational
activities. Guana River State Park provides two beach access areas for
Atlantic Ocean swimming, surfing, and fishing. The Guana Dam Use Area
provides access to both Lake Ponte Vedra and the Guana River for
recreational fishing, boating, crabbing and shrimping. Two boat ramps are
proposed.for this area. Parking and boat launch facilities are provided by
the FGFWFC in Lake Ponte Vedra at Six-Mile Landing. The FGFWFC Wildlife
Management Area provides excellent fresh and brackish water fishing
opportunities in Lake Ponte Vedra and inland ponds. Selected ponds are
stocked with bass and bluegill. The Tolomato River and its tributaries are
popular boating and fishing areas.

Public Transportation: The Tolomato River is part of the Atlantic Intracoastal
Waterway and is heavily used by vessels as a navigation route to inlets north
and south of the preserve and as access to other portions of the preserve.

Conservation: The FGFWFC and DRP have ongoing programs to conserve,
protect, restore, maintain, or enhance the quality of natural and/or- man-
modified aquatic resources of the preserve. DRP has a restoration plan for
a disturbed marsh area of about 25-30 acres. This site has been ditched or
drained in the past. Restoration is possible with the backfilling of ditches
and some restoration of natural water flow patterns. The FGFWFC has a
similar plan for an area in the WMA. Both agencies have ecological burn
plans to restore fire-adapted wetland communities to their natural condition
(see B. ADJACENT UPLAND USES: Conservation).

The most extensive of the aquatic conservation programs in the preserve is
the FGFWFC's wetland management program on Lake Ponte Vedra and the
inland ponds of the WMA. Water level manipulations will emulate natural
wetland fluctuations to enhance conditions for fish and wildlife. The use of
natural tidal currents and precipitation to provide the spacial and structural
requirements for fish and wildlife is a form of natural habitat management.
Drawdowns will allow oxidation of accumulated organic matter which will
allow lake and pond bottoms to become firm, providing a suitable substrate
for plant germination and growth. The multi-purposed management
objectives for Lake Ponte Vedra include a multi-species management plan
.for game and non-game wildlife and fisheries, and multiple consumptive and
non-consumptive public activities. Short-term water management objectives
include: (1) control of cattails and rank stands of submerge.nt vegetation.
(FGFWFC staff, in coordination with DNR's Bureau of. Aquatic Plant
Management, have been able to manage nuisance levels of cattails.); -(2)
restore natural wildlife and fish habitats; and (3) restore traditional public use
and access. Long term objectives include: (1) maintain and enhance a
mosaic of natural plant communities under a multi-species management
plan; (2) provide a desirable interspersion of wildlife food and cover plants
and open water; and (3) ... increased public recreational use of the lake
resources (FGFWFC, 1990).

The WMA contains seven inland ponds comprising 184 acres and averaging
26.3 acres in size. Five of the ponds have regulated artesian wells that are
capped with discharge valves. Water levels are controlled by the wells,
water control structures (spillways), and a series of drainage ditches.
Through water level manipulations, the interior ponds are to be managed as
a complex of wetland habitats to provide high levels of productivity and
diversity for fish and wildlife conservation.

Q. PLANNED USE

Nearly 897,000 people live within a 60 mile radius of the Guana River Marsh Aquatic
Preserve. The northeast Florida region (Baker, Clay, Duval, Flagler, Nassau,
Putnam and St. Johns counties) is one of the state's fastest growing regions. It
has experienced a 27 percent increase in population since 1970. By 1995, the
region is expected to grow by an additional 15 percent. Over 2.9 million out-of-
state tourists visited the region in 1985. The population of St. Johns County has,,
like the rest of the region, been increasing over the last 20 years. Growth in the
unincorporated area has been dynamic. The population of the unincorporated
areas increased by more than 70 percent between 1980 and 1988. County-wide
growth increased by over 56 percent during those same years. Population
estimates and projections are provided in Table 6.

TABLE 6

ST. JOHNS COUNTY POPULATION ESTIMATES AND PROJECTIONS

1980 THROUGH 2005

Year County Unincorporated Areas Percent Increase

1980 51,303 37,370 N/A
1985 68,822 53,506 43.2
1988 80,. 278 63,797 19.2
1990 93,800 77,488 21.5
1995 116,200 98,637 27.3
-2000 138,500 119,894 21.6
2005 161,800 141,614 18.1

Source: St. Johns County Planning Department, 1988

PERCENT INCREASE IN TOTAL POPULATION

1980-1988 1988-2005
56.4% 101.5%

These dramatic increases in population growth affect water resources and wildlife
habitat and, generally, increase the potential for environmental degradation.
Impacts from urban development including the filling of marshes, increased erosion,
and alterations such as buikheading, would have negative -effects on the aquatic
resources of the preserve. The degradation of water quality from stormwater
runoff, wastewater effluent, and oil/gas residue from increased boat traffic will also
have an impact. Along with the destruction of land and vegetation, many animal
species will not adapt to the changes, and may also vanish.

CHAPTER V

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Guana River Marsh Aquatic Preserve into separate
management areas and delineates the general rule criteria 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 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 iden tify 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 contin 'uity of direction in the management of this aquatic 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 provi ding 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 exceptio nal
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.

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 theadjacent
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 (AG): This category represents state-owned submerged lands
adjacent to land designated on a local government future land use map as
agriculture/ silviculture. It is intended to include sparsely populated areas
used primarily for agricultural and/or forestry purposes.

Single-Family (SF): This category. represents state-owned submerged
lands adjacent to land designated on a local government future land use
map as single-family residential. It is intended to include areas using the
adjacent portion of the preserve solely for private recreational activities.

Multi-Family (MF): This category represents state-owned submerged lands
adjacent to land designated on a local government future land use map 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 Oarks, condominiums, apartments, and any other group
of multi-family dwellings. This category also includes a group of single-family
property owners (Le.,' homeowners association) that proposes to use state-'
owned submerged lands for the mutual benefit of the group.

Commercial-industrial Q): This category represents state-owned
submerged lands.adjacent to land designated on a local government future

land use map as commercial or industrial. The category is also intended to
incorporate uses associated with structures that charge fees or generate
revenue. Examples of commercialuses include: marinas, restaurants, fish
houses, and yacht clubs that charge membership fees.

Public Recreation (Eft. This category represents state-owned submerged
lands adjacent to land designated on a local government future land use
map as public recreation/conservation 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.

Open-water (Oft This category represents state-owned submerged lands
within an aquatic preserve which are of a distance of greater than 500 feet
from land.

Classifications of management areas are also derived from the resource value of
the state-owned submerged lands adjacent to the upland property. Each of the land
use classifications listed above is assigned an appropriate number to define 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 "2". 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.

In the following section of this chapter, minimum criteria are outlined for a number
of uses and activities that can occur in this preserve. These minimum criteria,
provided by Chapter 18-20, F.A.C., apply to the uses and activities designated for
each management area.

Areas requiring specialized management policies will be referred to as special
management areas and such areas will be labeled with the additional letter "a".
These areas would include tracts within the preserve which are under multiple
agency management where the primary managing agency is one other than the
Department of Natural Resources. The role of the Aquatic Preserve Program within
these areas will be that of cooperation and coordination with the primary managing
agency and its policies providing that such policies are consistent with the Florida
Aquatic Preserve Act, Chapter 258, F.S., and Rules of Florida Aquatic Preserves,
Chapter 18-20, F.A.C.

Q. MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C. 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 DNR. It should be noted that other regulatory agencies'
rules and jurisdictions over activities may also apply within aquatic preserves (DER,
ACOE, SJRWMD, FGFWFC, DRP). In addition, the DNR's Division of Beaches and
Shores regulates coastal construction in beach management areas through the
establishment of the Coastal Construction Control Line. This line defines the area
within which special structural design consideration is required to insure prot ection
of the beach-dune system.

The minimum standards for.each allowable use are detailed below.

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 wat erward of the mean or ordinary high water line
more than 500 feet or 20 % of the width of the waterbody at that particular
location, whichever is less;

2. areas of significant biological, s cientific, 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.

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 pier shall be limited to a maximum width of four feet;

2. must be designed and constr ucted to ensure maximum light penetration;

3. may extend out from the shoreline no further than to a maximum depth of -
4 feet at Mean Low Water (MLW);

4. when the water depth is -4 feet IVILW 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 MLW;

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;

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 multi-slip docks.

Commercial-industrial Docking Facilities and Marinas: Section 18-20.004(5) (d),
F.A.C., states that commercial, industrial, and other revenue generating/income
related docking facilities, as defined by Section 18-20*.003 (10), F.A.C., shall conform
to the following specific design criteria and standards:

1 . docking facilities shall only be located in or near areas with good circulation,
flushing, and adequate water depths;

2. docking facilities shall not be located in Resource Protection Areas 1 and 2
PRPA);.however, main access piers may be allowed to pass through
Resource Protection Area 1 or 2 that are located along the shoreline to
reach an acceptable Resource Protection 3 (= SRPA), provided that such
crossing will generate minimal environmental impact;

3. the siting of docking facilities shall take into account the access of boat
traffic to avoid marine seagrass beds or other aquatic resources in the
surrounding area;

4. the siting of new facilities within the preserve shall be secondary to the
expansion of existing facilities when such expansion is consistent with other
standards;

5. 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;

6. marina siting will be coordinated with local governments to ensure
consistency with local plans and ordinances;

7. marinas shall not be sited within state designated manatee sanctuaries;

B. 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 Marine Patrol specifications.

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 th@ public interest. Section 18-20.004(2), F.A.C.,
specifically defines the public interest test (see Appendix A for a copy of Chapter
18-20, F.A.C.). 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 Pf 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(1)(f), F.A.C., states that structures to be built in, on, or over sovereignty
lands are limited to those necessa ' to conduct water-dependent activities.
ry
Utility 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 (e.g., seagrass beds, oyster
bars) and do not interfere with traditional uses. It will be the policy to encourage
the placement of utilities into designated corridors or existing easements within the
Guana River Marsh Aquatic Preserve.

Spoil 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. It will be the policy to not recommend approval
of spoil disposal onto a PRPA within the Guana River Marsh Aquatic Preserve.
Exceptions to this criteria may be granted where beach quality sand is transferred
and deposited onto shoreline beaches as part of an approved beach restoration
Management plan.

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
MHWL, (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., seagrasses, shoreline vegetation, nesting areas), (2) the amount
of dredging and/or filling of subm erged 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.

For the purposes of this plan, the following conditions will apply: (1) the Atlantic
Intracoastal Waterway (AIW) navigation channel is exempt from aquatic preserve
rules and regulations, pursuant to Section 258.40, F.S., and functions only as a
boundary between management areas; and (2) certain activities are generally
permissible in all management areas. These activities include shoreline stabilization,
maintenance dredging, and maintenance of channel markers. Where appropriate
to protect environmental resources, certain conditions or restrictions may be placed
an these type of activities. - For example, seawalls in some locations may be
discouraged and riprap may be required to be placed along a seawall, in order to
provide additional habitat.

Q. MANAGEMENT AREAS

In this section, each management area is delineated with boundaries, descriptions,
and allowable uses. Specific criteria and supporting rationale for each special
management area are also provided. 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 ordenying uses of the submerged
lands within the preserve will be made based on field surveys and assessments of
project sites. Figure 9 is a map of all management areas within this preserve. The
purpose of providing this -map is to give some general guidance and an
understanding of where the management areas lie within the -preserve.

The determination of management area classifications have been based on
information presented earlier. In the event that a site visit concludes that the
management area for a specific site is different from that shown on the map in

Figure 9, the determination made during the site visit will be judged as the correct
determination.

Some management areas may have a specific activity occurring within that is not
reflective of the overall upland use. As an example, an upland parcel consists of
a fishcamp surrounded by single-family homes. The fishcamp may have preceded
residential development and the aquatic preserve designation; therefore, it would
be unreasonable to remove the facility. Conversely, marina expansion and new
commercial-type activities may not be allowed in this management area because
of the presence aquatic resources and/or the upland zoning restrictions. In such
cases, the specific activity will be recognized as a "non-conforming use".

MANAGEMENT AREA AG11

(agriculture/primary resource protection area)

Boundaries: Begin at the westerly MHWL of the Tolomato River approximately
2000 feet south of CR 210 bridge; then proceed southerly along the MHWL of said
river and its tributaries to an east-west line approximately 0.5 mile north of Shannon
Road; then proceed easterly along said line to the AIW navigation channel;
proceed northerly along said channel to an east-west line 2000 feet south of CR
210 bridge; then west to the point of beginning (POB).

Description: The submerged lands of this management area are characterized by
expansive reaches.of tidal marsh dominated mainly by smooth cordgrass. The
marsh varies in width from a few hundred feet in the extreme northern section to
nearly a mile in the central sections. Numerous named and unnamed tidal creeks
flow through the marsh. Tidal flats and oyster beds are abundant. Spoil islands
dot the marsh adjacent to the Tolomato River as a result of the dredging of the
AIW. The marsh rises slightly in elevation along the fringes that abut the uplands
to the west. These fringe areas are dominated by black needlerush. The shoreline
is in a natural, unaltered state throughout most of the area. The adjacent uplands
are largely undeveloped except for a few single-family residences at the east end
of Pine Island Road. A non-conforming use,feature of this agricultural zone is the
presence of a commercial fishcamp on Deep Creek. The fishcamp has a boat
ramp and docking facilities and offers boat rentals.

A large tract of land held in private single ownership adjoins this management area
and is the largest such upland tract abutting the preserve. The tract extends
northward from Pine Island Road to CR 210. The land'is currently in an
undeveloped state and is managed for its timber resources. There are no reported
plans for development at this time. A large area of freshwater wetland known as
Cabbage Swamp transects the tract from north to south. The pr .essures of
population growth in unincorporated areas of St. Johns County may.lead to future

development of this property for any number of uses. The combination of
freshwater wetland habitat in its interior and its ability to buffer the adjacent preserve
marshes and surface waters make this tract of land a high priority for' state
acquisition.

Allowable Uses: Private residential single docks and piers; utility easements (in.
designated corridors).

MANAGEMENT AREA AAZ2

(agriculture/secondary resource protection area)

Boundaries: Begin at the westerly MHWL of the Tolomato River at the CR 210
bridge south right-of-way; proceed southerly along the MHWL of said river
approximately 2000 feet; then easterly to the center line of the AIW navigation
channel; then proceed northerly along said line to the CR 210 bridge south right-of-
way; then west to the POB.

Description: The-submerged lands of this management area are characterized by
the unvegetated open water bottoms of the AIW. This area is in an upland cut
portion of the AIW and the shoreline drops off rapidly into deep water. There is little
or no littoral zone present. Some salt marsh vegetation is present in scattered
breaks in the shoreline bluffs. The adjacent uplands are undeveloped. There is a
dock and shoreline nprap immediately south of the CR 210 bridge.

Allowable, Uses: Private residential single docks and piers; utility easements.

MANAGEMENT AREA 5ffll

(sing le-fam i ly/pri mary resource protection area)

There are three major areas in the preserve that are designated this classification.

1. Boundaries: All the beaches and submerged lands along the Atlantic
Ocean that are adjacent to uplands in the preserve which are designated
single-family residential. These management areas extend 500 feet
waterward of the MHWL.

Description: The beaches and submerged bottoms along the Atlantic shore
consist mainly of white quartz sand, shells, and shell fragments. In most
areas, the upper beach has no vegetative cover. Sea oats and beach elder
are present at the base of the primary dunes. These dunes have been
highly altered or destroyed to accommodate residential construction. These

beach management areas are designated as primary resource protection
areas because they serve as nesting habitat for listed species (e.g.,
loggerhead tu rtles).

2. Boundaries: Begin at the intersection of the easterly MHWL of the
Tolomato River and the southern boundary- of the preserve; proceed
northerly along said MHWL for a distance of one mile; then west to the
center line of the Guana River; then southwest along said center line to the
Tolomato River; then south, east, and southeast to the POB.

Description: This management area is adjacent to a one mile stretch of
single-family tract along the west side of SR AlA at the southern boundary
of the preserve. The submerged lands are characterized by tidal salt marsh,
tidal flats, and oyster bars associated with the Guana River, Tolomato River,
and Sombrero Creek. The shoreline remains in a natural, unaltered state.

3. Boundaries: Begin at the intersection of the AN navigation channel and
the southern boundary of the preserve; proceed northerly along said
channel to an east-west line 0.5 mile north of Shannon Road; then west
along said line to the MHWL of the Tolomato River; then southerly along said
MHWL to the southern boundary of the preserve; then east to the POB.

Description: The submerged lands of this area are characterized by
expansive salt marshes associated with the Tolomato River, Stokes Creek,
Casa Cola Creek, and many unnamed tidal creeks. The marsh is as much
as a mile wide in the southern half of the area. Tidal flats ,And oyster bars
are abundant throughout the entire area. Most of the adjacent uplands are
sparsely developed. There is moderate development of single-family
residences in the Stokes Landing area. A few small, private docks are
scattered along the tidal creeks.

Allowable Uses: Private residential single docks and piers; utility easements (in
designated corridors); beach restoration .(where beach quality sand is transferred
and deposited onto shoreline beaches as part of an approved beach restoration
management plan). Motorized vehicular traff ic is not an authorized activity on
sovereign submerged lands within PRPA beach management areas.

MANAGEMENT AREA SF/1 a

(single-family/ primary resource protection area)
special management area
Boundaries: This managem'ent area includes the submerged lands adjacent to
single-family tracts that border Lake Ponte Vedra in the extreme northern sector of

the preserve. The tracts are located along the east side of Neck Road a.n.d west
of SR AlA.

Description: The' submerged lands are characterized by freshwater marshes
dominated by annual emergent grasses. Submergent vegetation includes widgeon
grass, musk grass, pond weeds, and coontail. The upland properties along Neck
Road are moderately developed with single-family residences. A few small, private
docks and bulkheads have been constructed. The tract along the west side of SR
Al A is currently undeveloped. This special management area lies within the WMA
managed by FGFWFC.

Allowable Uses: private residential single docks and piers; utility easements (in
designated corridors).

MANAGEMENT AREA SFL2

(single-family/secondary resource protection area)

Boundaries: Begin at the easterly MHWL of the Tolomato River at a point 300 feet
south of CR 210 bridge; proceed southerly along said M HWL for a distance of 1700
feet to the mouth of a man-made canal; then west to the center line of the AlW
navigation channel; then northerly along said line for a distance of 1700 feet; then
east to the POB.

Description: The submerged lands of this management area are characterized by
the unvegetated open water bottoms of the AIW. This area is in an upland cut
portion of the AlW and the shoreline drops off rapidly to deep water. The adjacent
uplands contain single-family residences on small lots. The shoreline has been
armored with bulkheads and riprap revetments. There are ten private, single docks
in the area.

Allowable Uses: Private residential single docks and piers; utility easements.

MANAGEMENT AREA MfLl

(multi-family/primary resource protection area)

Boundaries: This area consists of a stretch of beach and submerged bottoms
along the Atlantic.Ocean beginning 1.2 miles south of the intersection of SR AM
and Mickler's Road and extending south for a distance of 0.4 mile. The
management area extends 500 feet waterward of MHW.

Description: The beaches and submerged bottoms along the Atlantic shore
consist mainly of white quartz sand, shells, and shell fragments. In most areas, the
upper beach has no vegetative cover.* The adjacent uplands contain a 93 unit
condominium complex. This beach management area is designated a primary
resource protection area because it serves as nesting habitat for listed species
(e.g., loggerhead turtles).

Allowable Uses: Private residential docks (a single two-slip dock built in
accordance with standards and criteria for private residential single docks); piers;
utility easements (in designated corridors);. beach restoration (where beach quality
sand is transferred and deposited onto shoreline beaches as part of an approved
beach restoration management plan). Motorized vehicular traffic is not an
authorized activity on sovereign submerged lands within PRPA beach
management areas.

MANAGEMENT AREA MF/1a

(multi-family/primary resource protection area)
special management area

Boundaries: The submerged lands of Lake Ponte Vedra adjacent to the multi-
family parcel described above. The management area extends 500 feet waterward
of the OHWL of Lake Ponte Vedra.

Description: The submerged lands are characterized by freshwater marshes
dominated by cattail. Other emergent vegetation include bullrush and sawgrass.
The adjacent upland parcel contains tennis courts provided for residents of the
oceanfront condominium complex. The shoreline remains unaltered. This special
management area lies within the WIVIA managed by FGFWFC.

Allowable Uses.: Private residential docks (a single two-slip dock built in
accordance with standards and criteria for private residential single docks); piers;
utility easements (in designated corridors).

MANAGEMENT AREA CIL1

(com m ercial-i nd ustrial/ primary resource protection area)

There are two areas in the preserve that are designated this classification.

1. Boundaries: A small cove at the northeast reach of the Guana River.

Description: The cove lies adjacent to upland state-owned land that is
leased for commercial purposes. The property contains a convenience store
and automobile service station. The cove has a narrow fringe of saltmarsh
vegetation (cordgrass, needlerush) along the perimeter. The shore is
unaltered and there are no water-dependent structures present.

2. Boundaries: An area of submerged lands in the southwest corner of the
preserve that border an upland tract zoned "Industrial" on the St. Johns
County Future Land Use Map. The tract includes the St. Augustine Airport,
the Grumman-St. Augustine Corporation, and the St. Augustine Rod and
Gun Club.

Description: The submerged lands are characterized by saltmarshes, tidal
flats, tidal creeks, and oyster bars associated with the southern reaches of
Casa Cola Creek. There are no water-dependent structures currently in the
area.

Allowable Uses, A single, two-slip dock built in accordance with standards and
criteria for private residential single docks; piers; utility easements (in designated
corridors). A commercial dock, however, may be permitted to pass over a primary
resource protection area in order to reach a secondary resource protection area.

MANAGEMENT AREA QVla

(commercial-industrial/primary resource protection area)
special management area

Boundaries: A small tract of submerged land at the extreme northern tip of Lake
Ponte Vedra at Mickler's Road.

Description: The submerged lands are characterized as freshwater marsh typical
of the northern reaches of Lake Ponte Vedra. The adjacent upland is zoned
commercial and contains a bar/restaurant. The shoreline is natural and there are
no water-dependent structures present. This special management area lies within
the WMA managed by FGFWFC.

Allowable Uses: A single, two-slip dock built in accordance with standards and
criteria for private residential single docks; piers; utility easements (in designated
corridors). A commercial dock, however, may be permitted to pass over a primary
resource protection area in order to reach a secondary resource protection area.

MANAGEMENT AREA C1/2

(commercial-industrial/secondary resource protection area)

Boundaries: Begin at the easterly MHWL of the Tolomato River at the south right-
of-way of CR 210 bridge; proceed southerly along said M HWL for a distance of 300
feet; then west to the center line of the AIW navigation channel; then northerly
along said line for a distance of 300 feet; then east to the POB.

Description: The sub-merged lands of this area are characterized by the
unvegetated water bottoms of the AIW. The shoreline drops off -rapidly to deep
water. The adjacent uplands are zoned commercial. There is a single-family
residence on the property and the shoreline contains riprap and a private single
dock.

Allowable Uses: Commercial docks and piers; marinas; ramps; utility easements.

MANAGEMENT AREA PRL1

(public recreation/ primary resource protection area)

This management area includes all the state-owned sub.merged lands that border
the uplands of the Guana River State Park. Management agreement No. 745-0017
and a subsequent amendment provides management authority to the Division of
Recreation and Parks over sovereign submerged lands lying within 400 feet of the
MHW or OHW line, or within 400 feet of the emergent edge of wetland vegetation,
within the riparian area of the State Park unit. In areas of overlapping management
authority between the Aquatic Preserve Program and DRP, Aquatic Preserve staff
will coordinate closely with DRP staff on matters of resource protection and
restoration.

There are three areas within the preserve that fall in the PR/1 classification.

1 . Boundaries: The sovereign submerged lands adjacent to the uplands of
the Guana peninsula and the coastal tract west of SR Al A that comprise the
Guana River State Park. The western boundary shall be the AIW navigation
channel and eastern boundary shall be the easterly MHWL of the Guana
River.

Description: The.submerged lands of this management are characterized
by the saltmarshes, tidal creeks, tidal flats, and oyster bars associated with
the reaches of the Tolomato and Guana Rivers that surround the State Park.

2. -Boundaries: All the beaches and submerged lands along the Atlantic
Ocean that are adjacent to the Guana River State Park. The area comprises
approximately 4.2 miles of contiguous shoreline and 0.4 miles of non-
contiguous parcels. The management area extends 500 feet waterward of
the MHWL.

Description: The beaches and submerged bottoms along the Atlantic shore
consist mainly of white quartz sand, shells, and shell fragments. In most
areas, the upper beach berm has a sparse vegetative cover of sea bats and
.beach elder. The primary dunes are stabilized with herbaceous vegetation
and are relatively undisturbed. These beach management areas are
designated as primary resource protection areas because they serve as
nesting habitat for listed species (e.g., loggerhead turtle, least tern).
Vehicles are not allowed on the 4.2 miles of beach within Guana River State
Park pursuant to DRP policy.

3. Boundaries: This area is a 147 acre out-parcel of Guana River State Park
land located at the southern boundary of the preserve.

Description: The submerged lands are characterized by the salt marshes,
tidal creeks, tidal flats, and oyster bars associated with Sombrero C reek.

Allowable Uses: Utility easements (in designated corridors); public docks (meeting
the requirements - of a private residential single dock); ramps; piers; beach
restoration (where beach quality sand is deposited onto shoreline- beaches as part
of an approved beach restoration management plan). Motorized vehicular traffic
is not an authorized activity on sovereign submerged lands within PRPA
beach management areas.

MANAGEMENT AREA PRZ1a

(public recreation/ primary resource protection area)
special management area

This special management area includes *all sovereign submerged lands bordering
state@owned uplands within the WMA managed by the FGFWFC. There are three
areas in the preserve that fall into. this classification.

1 . -Boundaries: Begin at the easterly MHWL of the Tolomato River at a point
2000 feet south of CR 210 bridge; proceed southerly along the MHWL of
said river and Jts tributaries to its intersection with an east-west line dividing
the WMA from the Guana River State Park; then proceed westerly along said
line.to its intersection with the AN navigation channel; then northerly along

said channel to a point 2000 feet south of CR 210 bridge; then east to the
POB.

Description: The submerged lands of this area are characterized by vast
expanses of tidal saltmarsh associated with the Tolomato River, Capo Creek,
Jones Creek, and numerous unnamed tidal creeks. The marsh is over one
mile wide in some areas. Tidal flats, oyster bars, and spoil islands are
abundant. The shoreline remains in an unaltered, natural state. The
FGFWFC has constructed a boardwalk and observation tower on Capo
Creek as part of an interpretive trail system.

2. Boundaries: This area includes all submerged lands below the OHWL of
Lake Ponte Vedra with the exception of the single-family and commercial
zones along the northern tip.

Qesgi@2tion: The lake and its associated wetlands combine a myriad of
biological communities. Saltmarsh, tidal flats, and oyster bars are common
in the high salinity zones in the southern reaches. The salinity of the lake
decreases as you proceed north where salt marshes blend into brackish
marsh which, in turn, give way to freshwater marsh in the northern reaches.
The areal extent and location of the communities can vary over time.
Specific water level manipulations for Lake Ponte Vedra are designed. by
FGFWFC. The FGFWFC has constructed an observation tower on the west
bank of the lake as part of an interpretive trail system.

3.' Boundaries: The seven inland ponds of the WMA. These include Big
Savannah, Little Savannah, Reitchies, Booths, Cooks, McNeils, and Diego
Ponds.
Description: The ponds vary in area and depth and' water level
manipulations are designed by FGFWFC. The primary community type in
the ponds is basin marsh, with the exception of Diego Pond. Diego Pond
is tidally influenced by Jones Creek and the pond is best characterized as
brackish marsh. The FGFWFC has constructed a boardwalk and
observation platform'on Big Savannah Pond as part of an interpretive trail
system.

Allowable Uses: Utility easements (in designated corridors); public docks (meeting
the requirements of a private residential single dock); ramps; piers.

MANAGEMENT AREA QW12

(open water/secondary resource protection aroa)

Boundaries: Open water areas of the Atlantic Ocean beginning 500 feet from
MHW and extending easterly three miles to the state territorial limit

DescriplLon: The submerged bottoms in this open Water area are characterized
by unvegetated benthic substrate typical of nearshore areas of the Atlantic Ocean
in this region.

Allowable Uses: Utility easements; spoil disposal; private leases.

Micklers Pt.
.: ..... .-------- ----------------------------- ----------
a
Preserve Boundary extends out 3 miles W

FIGURE 9. Management Areas

SF/ 1 Single-Family/Primary
Resource Protection Area
SF/la Single- Family/Primary
Resource Protection Area
Special Management Area
woo IVIF/ 1 Mulfi-Family/Primary
Resource Protection Area

-Famlly/Prlmary
MF/la Multi
Resource Protection Area
CI/2
Special Management Area
SF/2 Single-Family/Secondary
Resource Protection Area
AG/1 Agriculture/ Primary
21
Resource Protection Area
AIA
AG/2 Agriculture/Secondary
Resource Protection Area
r77=
PR/ 1 Public Recreation/Primary
..........
Resource Protection Area
-1 PR/la Public Pecreation/Primary
Resource Protection Area
Special Management Area
Cl/ 1 Commercial-Industrial/ Primary
Resource Protection Area
Cl/la Commercial-Industrial/Primary
Resource Protection Area
Special Management Area
-Industrial/Second,
CI/2 Commercial
Resource Protection Area
0
Open Water/Secondary
. .. .... OW/2
Resource Protection Area
cl-"

NOTE. Western preserve boundary
extends to the westerly mean high
OW/2
water line of the Tolomato River
and Its tributaries.

Miles

FIGURE 9. Management Areas

-Family/Primary
SF/1 Single
Resource Protection Area
SF/la Slngle-Famlly/Prlmary
Resource Protection Area
...... .....
-z*.-:. Special Management Area
MF/.1 Mulfi-Famity/Primary
Resource Protection Area
MF/la Multi-Famity/PrImary
Resource Protection Area
Special Management Area
SF/2 Single-Famlly/Secondary
Resource Protection Area
.1A AG/ I Agriculture/PrImary
,Ck um Resource Protection Area
P77771
AG/2 Agriculture/Secondary
Resource Protection Area
PR/ I Public Pecreation/PrImary
Resource Protection Area
PR/la
N
Public Pecreation/Primary
Cr.
Resource Protection Area
Special Management Area
Cf
StOA-es Cl/ I Commercial-industrlal/Primary
Resource Protection Area
Commerclal-IndustrIal/PrImary
Cl/la
Resource Protection Area
Special Management Area
CI/2 Commercial-industTial/Secondary
Resource Protection Area
Open Water/Secondary
V A A W/2
Resource Protection Area

W.
V 0

. . . . . . . . . OW/2

Preserve Boundary
extends out 3 miles

C', - ------------------
NOTE. Western preserve boundary % C11
extends to the westerly mean high 0
water line of the Tolornato River I
and Its tributaries. Miles

CHAPTER VI

SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS

The first part of this chapter deals with management issues and special needs of
the Guana River Marsh Aquatic Preserve. The management issues involve specific
activities, as opposed to permitted structures, that directly affect the biological
integrity of the preserve. The issues that are specific to this area include, but are
not- limited to: the protection of listed species and their habitat, the protection of
bird feeding and resting areas, acquisition of additional property, and upland
development. Special needs of the preserve include, but are not limited- to:
staffing, resource data, and research. Other issues and needs may arise as future
use intensifies and these will be identified as they develop.
The second part of the'chaptere'stablishes management initiatives for these issues,
providing additional management direction not set forth by Chapter 258, F.S.,
Chapter 18-20, F.A.C., or Chapter V of this plan. These management initiatives are
intended to be used as a tool by the Department of Natural Resources in managing
the preserve, and in encouraging the local governments and/or other agencies to
provide the necessary restrictions for resolving those issues,and/or needs.

A. MANAGEMENT ISSUES AND -SPECIAL NEEDS

1. PROTECTION OF LISTED SPECIES AND THEIR HABITAT

Species Whose existence is threatened are currently listed by four agencies: the
Florida Game and Fresh Water Fish Commission. (FGFWFC), the Florida
Department of Agriculture and Consumer Services (DACS), the U. S. Fish and
Wildlife Service (USFWS), and the Convention on International Trade in Endangered
Species of Wild Fauna and Floras (CITES). Each agency has its own focus, and
the regulations regarding what level of protection is given to which species reflects
this orientation. For example, the FGFWFC does not designate plant species,
whereas the DACS addresses plants only.

Listed species are afforded some protection by other agencies as well. These
measures do overlap and, thus, reinforce each other. The D *NR is actively involved
in protecting manatees and sea turtles, both of which are listed by the FGFWFC
and the USFWS. The Marine Fisheries Commission (MFC) regulates the taking of -
certain salt water species which includes snapper, sea trout, grouper, black drum,
and redfish. All of these species are present in. *this preserve. Some of the
protected species are detailed in the following:

Ma .rine Turtles: The beach/berm habitats of the preserve are known nesting,
areas for marine turtles. At the present time, vehicular traffic is permitted, by county
ordinance, on the beach below the line of natural vegetation. Vehicles are not
allowed on the 4.2 miles of beach within Guana River State Park.. Vehicles pose a
significant threat to nesting marine turtles, nests, and hatchlings. Beach lighting
during the nesting season disorients hatchlings and may contribute significantly to
mortality when young turtles crawl onto roadways instead of towards the water.
Entanglement with nets, traps and fishing lines, ingested plastics, poaching (eggs
or turtles), and wounds from boat propellers are also serious problems.

Manatees: The AIW is of great importance as a travel corridor for manatees
moving between winter habitat in south Florida and feeding and resting areas along
the east of Florida and into south Georgia. The minimum estimated population of
manatees on the east coast is 800. The principle threats to manatees in this area,
as well as in other parts of Florida, are: 1) increasing levels of boat traffic in
essential travel corridors, feeding and resting areas, warm-water refuges and
freshwater sources and 2) loss of essential habitat. Other significant threats are
entanglement with nets, traps, and fishing lines and ingested plastics.

Listed Bird Species: Colonial wading and diving birds nest in the interior portions
of the preserve and use the area extensively for feeding and resting. Lake Ponte
Vedra, the inland ponds, and the saltmarsh areas are especially attractive to them.
Encroaching development and destruction of saltmarsh disrupts or destroys vital
habitat and inhibits expansion of nesting areas. Ground nesting birds, the least tern
in particular, are equally subject to disturbance from foot and.vehicular traffic.

Other Listed Wildlife Species: As new species are listed or more information
becomes available about the life histories and habitat needs of presently listed
species, certain activities and management policies may need to be established or
revised to reflect these changes. For the present, all state owned lands will be
maintained in their "essentially natural condition", as listed species' affinity for these
types of areas has been demonstrated.

Listed Plant Species: To the greatest extent possible, state owned lands within
the preserve should be protected from land clearing and topographic alterations
that would negatively impact habitats for these plants. Collecting, vehicular and foot
traffic, altered water flow and herbicides represent serious impacts to the plants
themselves and the habitat required for their survival. Pineland communities that
would benefit from - ecological burning should be identified and appropriate
measures taken to institute a fire regime when deemed necessary. Restoration of
historic plant communities and eradication of invasive exotic plants would also
enhance habitat for these species and-wildlife.

2. BEACH DRIVING

At the present time, motorized vehicular traffic is permitted, by county ordinance,
below the natural vegetation line on the beaches adjacent to the Atlantic Ocean in
St. Johns County: Vehicles are not allowed on the 4.2 miles of beach within Guana
River State Park. The coarse coquina sand'and steep profiles of the beaches in
the'preserve make driving on the wet sand area difficult. Drivers are forced to
cross the dry sand area, damaging the foredunes, pioneer dune vegetation and sea
turtle nesting habitat. Due to the negative environmental impacts resulting from this
activity, motorized vehicular traffic shall not be considered an 'authorized activity on
sovereign submerged lands within PRPA beach managem.ent areas of the preserve,
and therefore will be prohibited.

3. ACQUISITION OF ADDITIONAL PROPERTY

The majority of adjacent uplands west of the preserve are privately owned. These
lands contain important resources such as archeological sites, endangered or
threatened species habitat, and freshwater wetlands. Efforts shoul d be made to
acquire portions of these lands that border the aquatic preserve to form a linking
corridor of public lands. This land corridor would help to create a protective buffer.
for the aquatic resources, prevent the development of sensitive areas, maintain
species viability and diversity and allow the removal of disruptive uses. Acquisition
of these upland properties by the Conservation and Recreation Lands (CARL)
program would help to ensure compatible management goals and would limit the
possibility of negative impacts on the aquatic preserve.

4. UPLAND DEVELOPMENT

The regulation of upland development is the responsibility of local government and
the Department of Community Affairs (DCA) not the Bureau of Submerged Lands
and Preserves. Nevertheless, upland development activity has the potential to have
significant adverse impact on the natural resources of the aquatic preserve.

The best avenue for the staff associated with the Guana River Marsh Aquatic
Preserve to help control upland development activities is to work closely with the
local government. The Local Govern 'ment Cc 'mprehensive Plan (LGCP) for St.
Johns County has already been prepared. It is not too late, however, for staff
associated with the Aquatic Preserve Program to be actively involved in the
preparation of land development regulations and local ordinances necessary to
implement the goals, objectives, and policies of the LGCP. Aquatic preserve staff
could also work cooperatively with the county on monitoring the implementation of
the policies of the LGCP which relate to protecting and conserving the natural
resources of the preserve.

5. STAFFING NEEDS

The implementation of this management plan is heavily dependent on the
placement of adequate staffing necessary to obtain resource data and other
information about the aquatic preserve. Staffing, funding, and equipment needs are
addressed in Chapter IX

6. RESEARCH NEEDS

Declining oyster populations and closure of previously approved shellfish harvesting
area are priority issues in the preserve area. Water quality research and monitoring
will hopefully provide a better understanding of the causes, processes, extent and
severity of shellfish decline. Knowledge of the sources, concentrations and long
term effects of pollutants that enter waters of the preserve are needed. Additional
research needs of the preserve include an applied coastal research program,
estuarine ecology studies, listed species biology and ecology studies, performing
a detailed archeological survey of the area and designing methods for protecting
significant cultural resources.

B. MANAGEMENT INITIATIVES

This section of the plan contains a number of management initiatives that address
the issues identifi'ed as being particular to the Guana River Marsh Aquatic Preserve.
Adoption of these initiatives will provide specific direction for managing those issues
not addressed directly by statute or rule. The major management initiatives for
these issues include:

1 . Protect, and where possible, . enhance habitats of species
endangered, threatened, and of special concern within the aquatic
preserve.

2. Expand the resource inve ntory and natural habitat maps within the
aquatic preserve.

3. Encourage the development of local government ordinances that will
prohibit motorized vehicular traffic on the beaches north of Surfside
Avenue in Vilano Beach because of their unique physiological and
biological nature.

4. Encourage the development of local government ordinances that will
regulate beach lighting during marine turtle nesting season.

5. Encourage acquisition, where feasible, of privately owned uplands
and wetlands adjacent to the aquatic preserve, through state or local
government land acquisition programs.

6. Encourage the assistance of federal, state and local government
agencies in implementing the Aquatic Preserve Management Plan,
especially in areas of protection of natural and cultural resources and
the enforcement of applicable resource laws and ordinances.
7. Seek full-time staffing of thIe preserve as outlined in Chapter IX'of'this
plan.

8. Establish a close working relationship with local government and
attend both planning and zoning and county commission meetings
whenever there is an appropriate iss ue on the agenda.

9. Closely coordinate with county and city government on the
preparation, adoption, and enforcement of land development
regulations which will protect the natural resources of the aquatic
preserve.

10. Develop a cooperative working relationship with adjacent landowners
to develop and implement management criteria conducive to the long-
term protection of both upland and submerged habitats.

11. Encourage the placement of docks and piers in locations that
traverse the least amount of wetland vegetation.

.12. Encourage property owner associations to incorporate the communal
use of an individual private residential single dock or a private
residential multi-slip dock, within their community, as opposed to the
building of numerous personal docks.

13. In coordination with the scientific community, establish a prioritized list
of research and monitoring needs for the aquatic preserve.

14. Encourage, through the efforts of the Department of Environmental
Regulation and the St. John's River Water Management District, the
maintenance and upgrading of the water quality,. and ensure the
natural seasonal flow of freshwater and tidal fluctuations of saltwater
into the preserve.

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CHAPTER V1111

MANAGEMENT ACTION PLAN

This chapter establishes the guidelines which allow for the management and
protection of the Guana River Marsh Aquatic Preserve's natural and cultural
resources for the benefit of future generations (Section 258.35, F.S.).

Before an effective program can be designed to manage and protect natural
resources, the function, importance, and location of the resources must be defined.
Additional efforts will consist of identifying those activities or parameters that affect
these resources, either positively or negatively. 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 management, resource
protection, research, and environmental education.

In general, the role of the management program for the preserve includes: (1)
providing information on the ecological functions and economic importance of the
natural resources within the preserve, (2) overseeing those activities that affect the
natural resources 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
and economic values associated with natural resources, (8) conducting or
cooperating with other entities to conduct pertinent research projects, and (9)
developing a comprehensive management program thatcan be periodically
updated.

A. RESOURCE MANAGEMENT

The overall goals of resource management within aquatic preserves are: (1)
maintaining current, detailed resource inventories, (2) assessing the impact of
human activities on the resources, (3) establishing habitat restoration programs,
and (4) cooperating with other agencies in water quality improvement.

GOAL A.11: CONDUCT AND MAINTAIN RESOURCE INVENTORIES

Objective. A. 1. 1: To conduct and maintain a resource inventory of submerged
and emergent vegetation.

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Task A.1.1.1: Conduct an inventory of submerged and emergent vegetation
by using available satellite imagery (e.g., LANDSAT), aerial photography, and
groundtruthing efforts. This inventory shall be conducted once every three
years.

Task A.1.1.2: The database generated.from this inventory will be used to
createand maintain biological resource maps

Task A.1.1.3: Staff will coordinate this inventory effort with FGFWFC, Guana
River State Park, and DRP District 4 staff.

Obeective A.1.2: To conduct an inventory of listed species and their habitats.

Task A.1.2.11: Conduct an inventory of listed species and their habitats by
using data from existing literature, managing agencies, field observations,
and current research studies, if available. This inventory shall be conducted
once every two years.

Task A.1.2.2: Staff will coordinate this inventory effort with FGFWFC, Guana
River State Park, and DRP District 4 staff.

Obeective A.11.3: To conduct an inventory of wading and diving birds and their
habitats.

Task A.1.3.1: Conduct an inventory of coastal birds that feed, roost and
nest throughout the preserve by using existing literature, bird counts, field
observations, and current research studies, if available. This inventory shall
be conducted once every three years.

Task A.1.3.2: Staff will coordinate this inventory effort with FGFWFC, Guana
River State Park, and DRP District 4 staff.

GOAL A.2: ASSESS THE EFFECT OF HUMAN ACTIVITIES AND CUMULATIVE
IMPACTS

Obeective A.2.11: To inventory and assess the effects of human activities on
the natural resources of the preserve.

Task A.2.1.1: Survey. and inventory human activities in the preserve. This
survey shall contain at a minimum:

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a) types of structures (dock, pier, seawall, riprap, piling, utility pole, etc.);

b) design of structures .(width, length, height above MHW or OHW, square
footage of access pier and terminal platform, number and size of finger
piers,, construction material, etc.);

c) the water depth at the terminus of the structure and/or relation to
MHW/OHW line for shoreline stabilization;

d) the number, size, and drafts of boats using the structure;

e) the functional condition of the structure;

f) any accessory facilities and ancillary uses associated with the structure;

g) the structure's use category (e.g., single-family, commercial);

h) an inventory of the biological resources within the preempted area and
within 25 feet of the structure or activity;

i) a survey of all dredged areas including:
1) the length, width, and depth of the dredged area;
2) depth profiles of the surrounding. area;
3) traditional use of the area;
4) biological resources in the dredged and surrounding area;
5) review of information on pre-existing resource conditions, if
available; and
6) whether the dredged area is a private or public project.

j) a survey of all shoreline stabilization projects including:
1) location and total length of riparian shoreline;
2) the length of shoreline stabilization;
3) design of the project;
4) review of existing and pre-existing biological resources in the vicinity
.of the structure, if available; and
5) whether the project is effective in stabilizing the shoreline.

k) an assessment of existing beach driving practices and resulting impacts

1) a determinatioh as to whether the structure or activity complies with the
applicable statute or rule and. with lease, easement or consent of use
conditions, where appropriate.

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Obaective A.2.2: To assess cumulative impacts of activities and structures on
the resources of the preserve.

Task A.2.2.1: All activities and structures will be surveyed as outlined in Task
A.2.1.1. and appropriate fles kept and updated every three years to establish
net loss or gain of resources as related to structures or activities.

Task A.2.2.2: Files shall contain at a minimum:

a) size, configuration and preempted area of the structure and related use;

b) a survey of the biological resources within the preempted area and withn
25 feet of the preempted area;

c) condition and extent of those resources as related to previous surveys
(vegetation expanding or declining, prop scouring, establishment of
different type of community, etc.) and;

d) whether existing use is consistent with type use activity authorized.

GOAL A.3: HABITAT RESTORATION

Obaective A.3.1: Restore or enhance suitable habitats or resources where
feasible.

Task A.3.1.1: Using resource inventories generated from Goal.A.1., identify
those resource areas that have been negatively impacted by external influences.
These influences may include, but are not limited to: spoil banks, dredged
areas, clearings, dumping, mosquito ditches, erosion, abandoned vessels,
exotic vegetation, and roads.

Task A.3.1.2.: Prioritize potential restoration areas according to severity of
impact to the immediate resources and to the overall functional integrity of the
preserve.

Task A.3.1.3.: Develop procedures and guidelines for addressing the priority
areas for restoration, such as exotic plant removal, beach clean-up, removal or
planting of spoil banks, revegetating marsh areas, removal of derelict vessels,
filling in mosquito ditches, reestablishing historic water flows, etc.

Task A.3.1.4.: Investigate and contact other agencies, groups, institutions, and
individuals who may, be available to provide scientific, logistic, financial,

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enforcement, manpower or other support in accomplishing the habitat
restoration or enhancement.

Task A.3-1.5.: Coordinate with and assist FGFWFC and Guana River State
Park staff in implementing habitat restoration projects in the WMA and state
park. - Coordinate habitat restoration efforts with DRP District 4 staff.

Task A.3.1.6.: Monitor and review progress on restoration projects.

GOAL A.4: IMPROVE WATER QUALITY

Objective A.4.11: To coordinate with DER, FGFWFC, the St. John's River Watei
Management District, and local governments toward improving water quality
in the preserve.

Task A.4.1.1.: Acquire, maintain, and review all records of water quality data
for the preserve area.

Task A.4.1.2.: Coordinate with regulatory and managing agencies in identifying
.and managing areas within the preserve that may be contributing to undesirable
impacts to waters of the preserve.

Task A.4.1.3.: Encourage local governments to retrofit existing untreated
stormwater management systems with detention /retention areas.

Task A.4.11.4.0 Request local governments to require onsite stormwater
retention and buffer areas for new development sites.

Task A.4.1.5.: Coordinate with St. John's River Water Management District and
local governments toward improving the management of surface water and
stormwater discharges into the preserve.

Task A.4.1.6.: Report suspected or identified instances of violations to
appropriate regulatory and enforcement agencies.

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GOAL A.5: COORDINATE WITH LOCAL GOVERNMENTS ON LAND USE
PLANNING

Obmective A.5.1: To coordinate with local planning departments, regional
planning councils, and the Department of Community Affairs to
develop/revise/evaluate local government comprehensive plans and
amendments.

Task A.5.1.1: Establish role as field repr esentative for DNR Aquatic Preserves
with local governments.

Task A.S.1.2: Contact local planners to assist in the development of policies
and ordinances that regulate activities affecting state-owned submerged lands.

B. RESOURCE PROTECTION

In order to maintain the biological integrity of the aquatic preserve, it is imperative
to protect the resources that comprise the system. Since it is not feasible to target
all of the organisms adequately, the primary thrust of the resource protection
element is the protection of the various habitats that make up the preserve. The
goals of the aquatic preserve program, with regard to resource protection, therefore
include (1) protection of submerged vegetation, (2). protection of emergent
vegetation, and (3) protection of habitat of listed species.

GOAL BA: PROTE CTION OF SUBMERGED AND EMERGENT VEGETATION

Oboective B.1.1: To minimize potential damage to submerged and emergent
vegetation through the review of applications for use of state-owned land in
the aquatic preserve.

Task B.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) Th'e 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

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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:

L the submerged bottom, including:
* a description of all communities/habitats,
* a description of the bottom type,
* depth profiles,
* tidal amplitude and stage (where appropriate)., 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 listed species.

c) A definition of a Resource Protection Area. This definition will be used to
determine if significant resources exist within the expected @irea of impact.
it will consider, but is not limited to:
1) seagrasses and algae,
2) mangroves and marsh grass,
3) harvested bivalves,
4) unvegetated soft-bottom communities,
5) hard-bottom communities,
6) listed species, and
7) nesting sites for solitary or colonial birds.

Task B.1.1.2.: If at the time of a doption of this management plan the
Department's "Methods Manual for Field Inspections within Aquatic
Preserves" has been adopted, it will be used to assess resources within the
preserve.

Task B.1.1.3: Coordinate with the'appropriat e regional DNR planner in order
to process the field staff comments in a timely manner.

Task,B.1.1.4: Coordinate with other appropriate agencies that have regulatory
authority for these projects.

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Obiective B.1.2: To ensure that structures and projects that have been
authorized are in compliance with the authorized conditions.

Task B.1.2.1: 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 B.1.2.2: Report variations -from the authorized conditions to the
appropriate DNR enforcement agent.

Task B.1.2.3: Coordinate with other appropriate agencies that have regulatory
authority for these. projects.

Objective B.1.3: To ensure that structures and projects that have been built
or are occurring have been authorized.

Task B.1.3.1: Report activities that*do not appear.to have been authorized to
the appropriate DNR enforcement agent.

Task B.1. 3.2: Coordinate, when possible, with other appropriate agencies that
have regulatory authority for these projects.

GOAL B.2: PROTECTION OF LISTED SPECIES HABITAT

Oboective B.2.1: To comply with Objective C.2.1 through the implementation
of Tasks C.2.1.1 and C.2.1.2.

Objective B.2.2:'To ensure that these habitats are given maximum protection
through the permit-review process.

T.ask B.2.2.1: Recommend modifications to proposed projects in order to take
into account known habitat of listed species over state-owned submerged land.

Task B.2.2.2: Field staff will coordinate with the Florida Game and Fresh Water
Fish Commission when listed species habitat or "significant use areas" could be
affected by proposed -activities.

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C. RESEARCH

Effective management of any biological system relies almost entirely on information
as to how that system functions, and research is the foundation upon which this
information is based. Estuarine systems are incompletely understood, and it is
essential that some of the gaps in this understanding are filled. Therefore, the
goals of the research program within the Bureau of Submerged Lands and
Preserves are primarily directed toward applied research, rather than toward basic,
or theoretical, research.

The goals of the research program are: (1) to gain a better understanding of those
factors that are essential to the continued biological integrity of the major wetland
habitats (beds of submerged vegetation, oyster bars, marshes, and tidal flats) within
the aquatic preserve, and (2) to gain a better understanding of those factors that
govern the continued survival and propagation of listed species that use the aquatic
preserve for any portion of their life cycle.

GOAL CA: DETERMINE THE FACTORS THAT AFFECT THE INTEGRITY OF
ESTUARINE HABITATS

Oboective C.1.1: To determine the primary factors that affect the survival of
marsh plant species.

Task C.11.1.11: Whenever possible, participate in research on the biology and
ecology of the marsh.plant species present.

Task C.1.1.2: Pursue, at the bureau level, funding to*conduct research on the
colonization rates of all marsh plant species.

Task C.1.1.3.: Pursue, at the bureau level, funding to conduct research on the
effects of dock/pier shading on the various species of marsh plants present.

ObeectiveC.1.2: To determine the primary factors that affect 'the functioning
of tidal flats.

Task C.1.2.11: Whenever possible, participate in compiling an inventory of the
benthic infauna present in tidal flats.

Task C.1-2-2: Whenever possible, participate in research on the changes in
tidal flat configurations.

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Task C.1.2. : Whenever possible, participate in research on the rates of
colonization by submerged and emergent vegetation. on tidal flats.

Obiective C.1.3.: To determine the primary factors that aff ect the survival and
functioning of oyster bars.

Task C.1.3.1.: Whenever possible, participate in compiling an inventory of
oyster densities and populations, and the benthic infauna present in the oyster
bars.

Task C.1.3.2.: Whenever possible, participate in research on the changes in
oyster densities and populations.

Task C.1.3.3.: Whenever possible, participate in water quality studies designed
for the classification of *the shellfish growing waters.

GOAL C.2: DETERMINE THE FACTORS WHICH AFFECT SURVIVAL AND
PROPAGATION OF LISTED SPECIES

Objective C.2.11: To determine which portions of the preserve serve as habitat
for listed species.

Task C.2.11.11: Coordinate with the. Florida. Game and Fresh Water Fish
Commission, the U.S. Fish and Wildlife Service, the Division of Recreation and
Parks, the Florida Audubon Society, and any other relevant group to determine
which listed species use what portion of the aquatic preserve for various
aspects of their biology and ecology.

Task C.2.1.2: If additional information is necessary, establish a system of
seasonal monitoring sites to determine the preserve's use by listed species,.
particularly by birds.

Ob*ective C.2.2.: To determine the species composition, distribution,
abundance, seasonality, and size classes of marine turtles that utilize the
aquatic preserve.

Task C.2.2.1: Whenever possible, participate in research on the biology and
life history of marine turtles and. the factors affecting their nesting habits in the
aquatic preserve.

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Task C.2.3.2: Coordinate with and, if necessary, lend assistance on a local
level to the Division of Marine Resources' marine turtle research and
conservation program.

Oblective C.2.3.: To determine the distribution, abundance, seasonality, and
size classes of manatees that utilize the aquatic preserve.

Task C.2.2.11: Whenever possible, participate in research on the biology and
life history of manatees and the factors affecting their utilization of the aquatic
preserve.

Task C.2.3.2: Coordinate with and, if necessary, lend assistance on a local
level to the Division of Marine Resources' manatee research programs.

GOAL C.3: DETERMINE THE FACTORS THAT AFFECT THE INTEGRITY OF
BEACH-DUNE ECOSYSTEMS

Obliective C.3.11'. Identify those beach-dune areas that have been negatively
impacted by external influences.

Task C.3.11,11: Coordinate with the Division of Beaches and Shores on coastal
research activities.

Task C.3.1.2: Coordinate with local governmemts to assess existing beach
driving activities and the resulting impacts.

D. ENVIRONMENTAL EDUCATION

The integrity of the biological systems within the preserve can be affected, both
directly and indirectly, by the public's enjoyment of the preserve. Without a
biologically "healthy" preserve, water quality will deteriorate, fisheries will fail due to
loss of habitat, and many species of birds will disappear. One of the primary aims
of the aquatic preserve program, therefore, is to educate the public as to the
importance of t.he 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 [e.g.,
developers and. marine contractors]; (5) special interest groups (e.g., Audubon-
Society, boating clubs); and (6) local, regional, and state government agencies that
are involved in making decisions regarding the preserve.

The overall goal of the environmental education element is to instruct individuals as
to the importance of preserving natural and cultural resources so they may
consider all issues prior to making decisions that affect these resources. In
general,- the purpose of this element is to educate the public hoping they become
responsible users of the preserve. Two DNR publications, Environmental Education
in Florida: Needs and Goals, and A Guide for Environmental Education, are
available references to aid in accomplishing this goal.

GOAL D.11: EDUCATE THE PUBLIC TOWARD WISE RESOURCE USE

Objective D.1: To provide information to existing environmental education
programs at public and private schools and to coordinate with other local
educational centers.

Task D.1.1: Notify the 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 D.1.2: Coordinate with and assist the Guana River State Park staff on
their scheduled interpretive talks.

Oboective D.2: To establish and con duct educational programs in the county
where such programs do not currently exist.

Task D.2.11: Notify the county School Board of the field staff's intent to
establish environmental education programs in their jurisdictional area.

Task D.2.2: Conduct off-site classroom instruction and field trips in the
preserve, in coordination with the appropriate manager (DRP,FGFWFC).

Task D.2.3: Conduct or assist in informal seminars, classes, workshops for
public discussion of current resource management issues, resource utilization,
and regulatory activities. Public forums such as these should involve private
and public interests.

Objective D.3: To produce educational literature and materials that inform the
public of the preserve's natural and cultural resources and the importance of
preserving and protecting these resources.

Task D.3.11: Develop brochures, pamphlets, and/or booklets that describe to
the public; (1) the purpose of and activities conducted at the local aquatic

112

preserve office and (2) general information on the preserve's ecosystem and its
cultural*history: If feasible, this task will include video presentations. .

Task D.3.2: Upon approval from IDNR Office of Communication, submit
newspaper articles or radio announcements designed to educate the general
public about the ecological functions and economic importance of the natural
resources within a preserve. This approach may be the vehicle with which to
disseminate the findings of recent research efforts to the public.

Qb*ective DA To provide informal workshops to instruct other environmental
educators on the preserve's natural resources.

Task D.4.1: Schedule instructional workshops designed to teach other
environmental educators.'

Obiective D.5: To establish an on-site environmental education center.

Task D.5.1: 'Pursue, at the bureau level, the necessary funds to construct an
environmental learning center in conjunction with that of FGFWFC and Guana
River State Park.

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CHAPTER Vill

MANAGEMENT COORDINATION NETWORK

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
Guana River Marsh Aquatic Preserve. A reference matrix of these regulatory
programs and their jurisdictions is presented in Table 7. One function of the
aquatic preserve program is to coordinate with these agencies to achieve common
goals relevant to aquatic preserve managdment.

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. Coast Guard, U.S.
Environmental Protection Agency, U.S. Geological Survey, U.S. Fish and Wildlife
Service, and the National Marine Fisheries Service.

The U.S. Army Corps of Engineers (COE) 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 was exp@nded in 1972
to include the Federal Water Pollution Control Act Amendments, now known as the
Clean Water Act (CWA). Section 404 of this act requires the Corps to control
dredge and 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 Coast Guard (USC91 regulates boating safety, enforces maritime law,
operates search-and rescue missions, and conducts surveillance and interdiction
of contraband importation. USCG also regulates construction of bridges,
causeways, and aerial utilities that may pose navigational hazards and the
placement and maintenance of public navigation aids. Joint responsibility for the
discharge or spillage of oil or other hazardous substances into surface waters is
shared with EPA.

The U.S. Environmental Protedtion Agency (EPA) 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

115

for pollution control andabatement, 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 p ertaining to
topography and water resources of the Guana River Marsh region.

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 a[., 1987).

The National Marine Fisheries Service (NMUS , under the Department of
Commerce, is involved with fisheries management.

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.

Although not a state agency, the Office of Planning and Budgeting of the
Governor's Executive Office, in conjunction with the DER's Office of Coastal
Management, is responsible for administering project reviews applicable to Florida's
Coastal Management Program Federal Consistency evaluation process-. This
process includes all projects in the state that involve federal permitting, federal

116

assistance or control federal activities. Each project must undergo this additional
review to determine if the project is consistent with established programs, policies,
and rules of the state, including aquatic preserves.

The Department of Natural Resources' (QNRJ jurisdiction include state lands,
sovereignty submerged lands, and marine resources which include marine research
projects.

The Division of Marine Resources has several programs beneficial to aquatic
preserves. The Marine Research laboratory in St. Petersburg has several projects
including resource protection area mapping, a survey of the status of oyster bars,
and fishery habitat utilization studies which generate valuable resource management
information. They also administer a permitting program for the collection of certain
marine species and the use of certain chemicals. The Aquatic Preserve Program
receives notification of issuance of permits within the preserve. Marine Resources
also conducts a variety of research projects, including those aimed at manatee and
marine turtle protection.

The Division of Law Enforcement's Marine Patrol enforces statutes relating to
marine resources, * fishery management laws, boating safety, vessel
titling/registration, and illegal narcotics.

The Division of State Lands is granted authority under Chapters 18-20 and 18-21,
F.A.C., "Sovereignty Submerged Land Management", which gives DNR the
responsibility to regulate commercial and residential docks and other structures and
activities conducted on submerged lands. In addition to the work related to aquatic
preserves, the Division of State Lands is charged with overseeing uses, sales,
leases, or transfers of all state-owned lands. The aquatic preserve staff interact
with other staff of State Lands in all transactions concerning submerged lands
within the preserve, including acquisition of privately titled submerged lands or
contiguous uplands important to the integrity of the preserve. Land acquisition is
conducted through the Conservation and Recreation Lands (CARL) program,
authorized under Chapter 253, F.S.

The Division of Resource Management is responsible for the management of
aquatic plants, mineral resources, oil and gas exploration, and geologic studies.
Under Chapter.16C F.S., responsibility is given for various aquatic plant control
programs, including permitting for mechanical, biological, and chemical control of
aquatic plants. Permits are also nec 'essary under Chapter 16C-52 F.S., "Aquatic
Plant Importation, Transportation, Cultivation and Possession", for any persons
cultivating, vegetating, or collecting aquatic plants. The Division of Resource
Management also supervises state Navigation Districts and Canal Authority.

The Division of Beaches and Shores is responsible for managing erosion control,
hurricane protection, coastal-flood control, shoreline and offshore rehabilitation, and

117

the regulation of work activities likely to affect the physical condition of the beach
and shore (Chapter 161, F.S.).

The Division of Recreation and Parks oversees operations at the Guana River State
Park. Since the principle functions of research, education, and resourd e
management are closely compatible with the aquatic preserve and they are located
adjacent to one another, the programs will be closely integrated.

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). As an OFW, ambient conditions, instead of prescribed values,
become the water quality standards for the waterbody. The Guana River Marsh
became an OFW upon its purchase as C.A.R.L. and S.O.C. lands and was officially
designated as such in 1986. 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 interag ency
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 Department of Health and Rehabilitative Services (HRS) 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.

118

Also affecting the public's health and the aquatic preserve program is the arthropod
(mosquito) control program, which is usually administered through the local
mosquito control district. Each of these public health programs holds the potential
to create significant impacts,upon the aquatic preserves.

The Game and Fresh Water Fish Commission (GFWFQ was created pursuant
to Article IV, Section 9 of the State Constitution. The GFWFC is empowered to
exercise the regulatory and executive powers of the state with respect to wild
animal life and freshwater aquatic life. Authority for the implementation of specific
regulations and their enforcement, for all wildlife, is provided in the rules and
regulations of Chapters 39.101 and 39.102, F.A.C. The Office of Environmental
Services reviews projects which may affect local fisli and wildlife habitat. The
GFW_FC is the state coordinator of the non-game Wildlife and Endangered Species
Program in Florida. The Division of Wildlife also designates Critical Wildlife
Management Areas to protect listed species, oversees habitat restoration and
includes the State Waterfowl and Alligator Coordinators. Local staff of the Bureau
of Wildlife Management manage the 9,815 acre Guana River Wildlife Management
Area within the Guana River Marsh Aquatic Preserve under a management
agreement with DNR. . General regulations for this "Type I" WMA can be found in
Chapter 39-15.004, F.A.C. Regulations specific to the Guana River WMA can be
found in Chapter 39-15.065(16), F.A.C. The Division of Law Enforcement has law
enforcement officers that patrol state lands, including aquatic preserves. The
Division of Fisheries oversees fisheries management, including fish re-stocking of.
freshwater rivers and lakes.

'The Department of Community 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 ofthe 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.

119

Within one year of submission fo r 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
Coastal Zone Management Element and the Conservation Element.

The Marine Fisher Iles Commission (MFC) was established as a rulemaking
authority pursuant to Section 370.027, F.S. The seven members appointed by the
Governor are delegated full rulemaking authority over marine life (subject to
approval by the Trustees), with the exception of endangered species. This
authority covers the following areas: (a) gear specifications, (b) prohibited gear, (c)
bag limits, (d) size limits, (e) species that may not be sold, (f) protected species,
(g) closed areas, (h) quality control codes, (i) open/closed- seasons, and 0) special
considerations related to egg-bearing individuals, and (k) relaying of clams and
oysters. The MFC is also instructed to make annual recommendations to the
Trustees regarding marine fisheries research priorities.

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 Department of Transportation (QM 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, the Northeast Florida Regional Planning Council,
and the Florida Inland Navigation District. These organizations conduct activities'
that are on a broader scale than those of local governments, but are on a smaller
scale than the state level.

The St. John's River Water Management District (SJRWMD) was created by
Chapter 61-69, Laws of Florida, as a public corporation for carrying out Chapter
378, F.S., and is governed by provisions of Chapter 373, F.S. Chapters 40C-4 and
40C-40 were adopted to ensure continued protection of the water resources of the
District including wetlands and other natural resources. The rules in these chapters
are to implement the surface water management permit system mandated in Part
IV of Chapter 373, F.S. The statutes resulted from passage of Chapter 84-79, Laws
of Florida, the Warren G. Henderson Wetlands Protection Act of 1984.

120

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 bontrol 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 SWIM legislation required
each water management district to prepare a prio., 'tized list of regionally significant
waterbodies in need of restoration or preservation. 7he St. Augustine Management
Unit, consisting of the Tolomato and Matanzas basins, has been ranked number
12 on the SRJWMD SWIM prioritization list. The SJRWMD has not yet developed
a SWIM management plan for these basins.

The Northeast Florida Regional Planning Council (NEFBPCI 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.

The Florida Inland Navigation District (FIND) is a multi-county district created by
the Legislature to provide spoil sites for maintenance of the Atlantic Intracoastal
Waterway. Presently, FIND holds four disposal easements adjacent to and within
the Guana River Marsh Aquatic Preserve and is developing management plans -to
replace these disposal areas with two permanent upland spoil sites along the
western boundary of the preserve.

Q. LOCAL GOVERNMENT

Local governments are the incorporated cities and counties that border the
preserve. The Guana River Marsh Aquatic Preserve is located entirely within St.
Johns County. No incorporated municipalities lie adjacent to or are within the
preserve boundaries. The key area of-interaction between county and/or municipal
government and the Guana River Marsh Aquatic Preserve is the area of. land use
on the adjacent uplands and its associated impacts on and uses of the aquatic
resources of the preserve. To this end, there are two basic areas of concern: local
government comprehensive plans and local ordinances and regulations.

121

Local Government Comprehensive Plans

Local (municipal and county) governments arerequired by the Local Government
Comprehensive Planning Act of 1975 (Section 163.3161, F.S.), (as amended by
Chapter 85-55, Laws of Florida, to the Local Government Comprehensive Planning
and Land Development Regulation Act) to develop and adopt comprehensive plans
to guide their future development. The plans are to be composed of elements
.relating to different governmental functions (i.e., housing, physical facilities,
conservation, land use, coastal zone protection, etc.). These plans must meet the
approval of state agencies and be consistent with minimum standards set in
Chapter 9J-5, F.A.C.

The coastal management element of the Local Government Comprehensive Plan,
along with the land use and conservation elements, establishes long range plans
for orderly and balanced development, with particular attention to the identification
and protection of environmental resources in the planning area. Conformance with
the criteria, policies, and practices of a local government comprehensive plan is
required for all development within local government jurisdiction.

Local Government Codes

The local development and zoning codes (e.g., building codes) provide the major
local regulation that defines what an owner can do on a particular parcel of
property. The zoning prescribes the allowable uses and the intensity of those uses.
Certain land use and land use intensities adjacent to an aquatic can lead to
profound impacts on the resources of the preserve.

Within one year after the approval of their Local Government Comprehensive Plan,
local governments are required to amend their'land development regulations to be
consistent with the provisions of the plan. St. Johns County ordinances that relate
to the management and protection of resources within the Guana River Marsh
Aquatic Preserve are listed in Appendix B.

122

r4qr-qA-8q0q1E,q14qE 4qM1qa-8qM.4qA8qC4q3q14qE0qM4qEq:8qWr4qr [email protected])4qCq)4qFP118qn4qx4qM-qn-r4qr8qT2qa4qW 8qW4q1

LOCAL AGENCIES REGIONAL AGENCIES

LGT Local Governments (Cities, Towns,. RPC Regional Plannin6q@
Municipalities) WMD Water Management
CGT County Governments FIN Florida Inland N
LDD Local Drainage Districts
MCD Mosquito Control Districts
ICD Inlet Commissions/Districts

qSqWqC Soil and Water Conservation Districts

FEDERAL AGENCIES

STATE AGENCIES
CG United States Coe
DCA Florida Department of Community Affairs COE United States
DER Florida Department of Environmental Engineers
Regulation EPA United States
DNR Florida Department of Natural Resources Protection Agenc2q3
GFC Florida Game and Freshwater Fish FWS United States F

Commission Service
HRS Florida' Department of Health and NMF National Marine I
Rehabilitative Services GS United States Gec

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,

Local Regional State
qUqn CCT I.DD MCD ICD SWC RPC ANDqIFIN qJDAC DCA DER DNR CFC IIRS DOS Dar FMP FSG M
Dredge and Fill Permitting 8q0 8q0
Docks, Fishing Piers, Seawalls 8q0 4q0 8q0q18q0
.. ........
Marinas 4q0 4q0
8q0 4q0 8q0
Submerged Lands Management
Habitat Protection 8q0 8q0 8q0 2q0 2q0 8q0
Mangroves/Wetlands Protection 2q0 8q0 8q0 8q0 8q0 4q0
Seagrass Protection 4q0 8q0 .4q0 8q0.0q0
Habitat Restoration 4q0 q12q0 4q0 8q0 8q0 2q0
Mangroves'/Wet lands Restoration 2q0 8q0 8q0 4q0 2q0 8q0.
Seagrass Restoration
6qV 2qV1p
Resource Inventory 8q0 8q0 4q0 4q0 8q0
Manatees/Porpoises 4q0 8q0 ... ... 8q0 4q0 Ilqb
Endangered Species 2q0 2q0 8q0 8q0 8q0 2q0 8q0
Shelqlfqish/Aqquaculture 2q0 2q0
Public Aware ness/Educatqion 4q0. 48q0, 4q0 4q0 2q0
Research 4q0 4q0 8q0
Fisheries Research 8q0 4q0 4q0 4q0 8q0
-1 .... ..... ....

....... . .... ......
Fisheries Management ........
Recreational Fishing ...... ....... 4q0 4q0 8q0
..... .. .. ......

...... ..... .
....... ........ .......
.. ....... .. ...
....... ....... .....-
Commercial Fishing .8q0
Wildlife Management q101

. . ..... .......
... ........ .......
Mosquito Impoundments 8q0 8q0 8q0 8q0
Historical/Archeological Sites 4q0 4q0 4q0 4q0 8q0
Water Quality 4q0 8q0 2q0 8q0 8q0 8q0 2q0 8q0 8q0
Nonpoint Source Pollution 8q0 4q0,8q0,8q0 2q0 2q0
Point Source Pollution 8q0 2q0 8q0
Oil/Chemical Spills 2q0 8q0 4q0 4q0 0q0
Drainage/Freshwater Control 8q0 8q0 8q0 8q0 4q0 4q0
Emergency Response 8q0 4q0 2q0 8q0 4q0 8q0 8q0 8q0
Upland Development 4q018q01 8q0 4q0
Land -Use Planning 8q0 4q0 2p
Navigational/Boating 4q0 8q0 8q0 8q0 4q0 8q0 q18q0 8q0
Recreational Areas 8q0 Is q0 2q0 4q0 2q0 q14q018q00q1
Bridges and Roads 4q0 j8qjq7 8q0

CHAPTERIX

STAFFING AND FISCAL NEEDS

Historically, the Aquatic Preserves Program has been largely dependent on federal
coastal zone grant funds for its operation, and as a result, the funding of both field
positions and central office positions has been limited.

In order-for the Guana River Marsh Aquatic Preserve to be managed in accordance
to the goals, objectives, and tasks set forth in this plan, adequate funding, staffing
and equipment is essential. At the present time, management of this preserve and
three others in northeast Florida (Ft. Clinch, Nassau River-St. John's River Marshes,
Pellicer Creek) is handled out of the Jacksonville Field Office. Currently there is not
legislative funding for additional staffing at the four aquatic preserves. It is
anticipated that one field office with at least two full time employees would be able
to provide adequate staffing to cover these four preserves. An annual review of the
accomplishments of the program relative to the tasks listed in Chapter VII will help
to determine if the initial staffing estimate is adequate to meet the legislative intent
of the prograrh.

A budget covering projected staff time, equipment, travel and other expenses for
this area, which would include Guana River Marsh Aquatic Preserve, is found in
Table 8. The budget is required to fulfill the short range needs of the preserve as
described in this management plan, and accomplish the Department goal of on-site
management for all aquatic preserves by 1991, as expressed in the Agency
Functional Plan.

125

126

TABLE 8

ESTIMATED BUDGET FOR THE FIRST TWO YEARS FOR GUANA RIVER MARSH,
NASSAU RIVER-ST. JOHN'S RIVER MARSHES,FT. CLINCH,
AND PELLICER CREEK AQUATIC PRESERVES

SALARY 1 st YEAR 2nd YEAR

ES 11 (with benefits) $ 33,836. $ 34,851
ES I (with benefits) 28,224 29,071
Secretary (with benefits) 17,255 17,773

Subtotal * ............... $79,315 81,695

OPERATING CAPITAL OUTLAY

Vehicle $ 15,000
16' Boat/ motor/traile r 12,000
Offic6 Equipment 3,500
Computer 3,600

Subtotal ............... $ 34,100

OPERATING EXPENSES

Office Rent/Gas/Pho.ne $ 19,000 $ 21,dOO

TOTAL COS $132,415 $ 102,695

127

128.

CHAPTER X

RESOURCE AND PROGRESS MONITORING PROGRAM

To ensure that the management plan is effectively implemented, it will be necessary
to institute two programs that will: (1) monitor changes in the biological resources
over time, and (2) record any accomplishments achieved by the -Guana River Marsh
Aquatic Preserve Program. These monitoring programs will consist of the following:

A. RESOURCE MONITORING

To monitor changes in the natural resources, a geographic information system
(GIS) will be required. 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;
however, their most important function continues to be natural resource
management.

Future use of the 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 will 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 this phase of the management plan to be effectively implemented, it is
necessary to monitor the accomplishments and progress of the Guana River Marsh
Aquatic Preserve Program on a regular basis. The purpose of this element is to
detail the program's accomplishments in its pursuit of the objectives outlined in
Chapter VII. 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:

129

1. The state of the natural environment of the aquatic preserve.

a. Through the use of resource inventories and the GIS system,
document the status of each biological resource (e.g., saltmarsh loss
or gain).

b. Identify the current number of structures and activities 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

2. A list of accomplishments of those tasks outlined in Chapter VII.

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 IX can be made.

3. Any new goals and/or objectives will be reflected -in an update of Chapter V11.

130

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South Atlantic Coast: A Community Profile. U. S. Fish Wildlife Service, Off.
Bio. Serv., Washington, D. C. FWS/OBS-81/15. 105 pp.

City of Jacksonville. 1984.. Water Quality Assessment in the Jaxport area with
Analysis and Plan for the Estuarine Marsh System. 120 pp.

Cooke,C. W. 1945. Geology of Florida, Florida Geological Survey Bulletin 29.
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Daiber, C. Franklin, 1982. Animals of the Tidal Marsh. Van Nostrand Reinhold
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Durako, J.Michael, Michael D. Murphy, and Kenneth D. Haddad. 1988. Assessment
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Florida Department of Natural Resources. 1985. Comprehensive Shellfish Growing
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Florida Department of Natural Resources. 1989. Guana River State Park Unit
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Florida Game and Fresh Water Fish 'Commission. 1990. A Conceptual.
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Florida Game and Fresh Water Fish Commission. 1990. Off. Lists of Endangered
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Florida Natural Areas Inventory. 1990. Guide to Natural Communities of Florida.
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Florida Natural Areas Inventory. 1990. Matrix of Habitats and Distribution by
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Frazee, J. M., Jr., and D. R. McClaugherty. 1979. Investigation of Groundwater
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Johnson, A. Sydney, H. D. Hillestad, S. F. Shan Holtzer and G. F. Shanholtzer.
1974. An Ecological Survey of the Coastal Region of Georgia. National
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Jones, C. P., and A. J. Mehta. 1978. Ponce de Leon Inlet. Glossary of Inlets
Report No. 6, Rep. No. 23. Florida Sea Grant, Gainesville, Florida. 57 pp.

Kojima, H., and S. D. Hunt. 1980. Fort George Inlet. Glossary of Inlets Report No.
10, Rep. No. 38. Florida Sea Grant, Gainesville, Florida. 52 pp.

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Peterson, C. H., and N. M. Peterson, 1979. The Ecology of Intertidal Flats of North
Carolina: A Community Profile. U. S. Fish Wildlife Service, Off ice of
Biological Services, Washington, D.C. FWS/OBS-79/39. 73 pp.

Pomeroy, L. R. 19.59. Algal productivity in saltmarshes of Georgia. Limnol.
Oceanogr. 4: 386-397.

Readle, E. L. 1983. Soil Survey of St. Johns County, Florida. Soil Conservation
Service. U. S. Department of Agriculture. 196 pp.

Robertson, W. B. 1978. Southern Bald Eagle. Pp. 27-30 IN Kale, H. W. 11, ed. Rare
and Endangered Biota of Florida, Vol. 2, Birds.. University Presses of Florida,
Gainesville.

132

Ross, S. T. 1983. A revie w of surf zone icthyofaunas in the Gulf of Mexico, Pp. 25-
34 in S. V. Shabica, N. B. Cofer, and E. W. Cake, Jr., eds Proc. of the
northern Gulf of Mexico Estuaries and Barrier Islands Research Conference,
1983, Biloxi, Mississippi, U. S. Dept. Int., Natl. Park Serv. SE Reg. Off.,
Atlanta, Georgia.

Seaman, Jr., William. 1985. Florida Aquatic Habitat and Fishery Resources Florida
Chapter of American Fisheries Society. Gainesville, Florida. 153 pp.

Schreiber, R.W. 1978. Eastern Brown Pelican. Pp. 23-25 IN Kale, H.W. 11, ed. Rare
and Endangered Biota of Florida, Vol. 2, Birds. University Presses of Florida,
Gainesville.

Snell, L. J., and W. Anderson. 1970. Water Resources of Northeast Florida. Rep.
of Investigation No. 54. Fla. Dept. Nat. Resour. Bureau of Geology. 77 pp.

Snyder, H. 1978. Peregrine Falcon. Pp 7-9 IN Kale, H.W. 11, ed. Rare and
Endangered Biota of Florida, Vol. 2, Birds. University Presses of Florida,
Gainesville.

St. Johns Cou nty Planning Dept. 1990. Draft, St. Johns County Comprehensive
Plan: 2005. Florida.

Tanner, W. F. 1960. Florida Coastal Classification. Gulf Coast Assoc. Geol. Trans.
Soc. 10: 259-266.

White, William A. 1970. T he Geomorphology of the Florida Peninsula. Geological
Bull. No. 51. Fla. Dept. of Natural Resources, Bureau of Geology.
Tallahassee, Florida.

133

134

APPMqMtX -A

Relevant Legislation
V. 9, p. 692-24D
18-20.002

CHAPTER 18-20 (c) To coordinate with federal. state. and local
FLORIDA AQUATIC PRESERVES agencies to aid in carrving out the intent (qW the
18-20.001 Intent. Legislature in creating the prescive ,
19-20.002 Bounq"rics and Scope or the 8qW To use applicable federal, state. and Inc
Preserves. management programs, which are compatible with
1q6-200q0q3 Definitions. the intent and provisions of the act and these rules,
1q8-20.004 Management Policies, Standards and to assist in managing the preserves;
and Criteria. (e) To encourage the protectin'n. enhancement
18-20.00q5 Uses. Sales, qLc2scs, or Transfer of or .restoration of the biological. aesthetic, or
scientific values of the preserves. including but not
Interests in Land&, or Materials. limited to the modiqfqic2tion or existing manmade
Held by the Board. (Repealed) conditions toward their natural condition, -and
qM-20.q06q% Cumulative Impacts. discourage activities which would degrade the
1q6-20.007 Protection or Riparian Rights. aesthetic, bioql(qmical. or scientific values, or the
(Repealed)
18-20.008 Inclusion or Lands, T'itic to Which quality, or utiliv oqf a preserve, when reviewing
Is Not Vested in the 6q&i2rqd. in a 2qpqpqhC2tiOnS. Of when developing and implementing
Preserve. management plans for the preserves;
1q9-20.009 Establishment or Expansion of (q1) TO preserve. promote. and utiqfqi= qindirenous
Aquatic Preserves. life forms and habitats. incqludinc but not limited to:
18-20-010 Exchange of Lands. sponges, soft coral, hard corals, ;ubmerqLzed grasses,
18-20.011 Gifts oqf Lands. manerrves, salt water marshes, fresh water
18-20.012 Protection or Indigenous Life marshes. mud nats, estuarine. aquatic, and marine
Forms. reptiles, game and nn-game Fish species. estuarine.
18-20-013 Development or qRest"irce aquatic nd marine invertebrates, cstuarinc,
Inventories ' and Management aquatic and Marine mammals, birds, shelqlqish and
Plans for Preserves. mollusks;
16-20.014 Enforcement. (g) To acquire additional title interests in lands
19-20.015 Application Form. (6Rcpcq=qlcqdq) wheiever such acquisitions would serve to protect or
18-20.016 Coordination with 4q0,her enhance the biological, aesthetic, or scientiqric values
Goverrmcnial Agencies. of the preservesq;
(h) To maintain Lhnsc beneficial hyqdroicigicand
1q6-2q0.q0q17 Lake Jackson Aquatic Prcscrvc. biologic function&, the benefits of which aq@qvc qW
8qLa*qhrarqy qJ8qWerencq= Riparian rich" on 1q=vqiqr2qWv wateqn. the 4q-
public at Large.
q1. Henry Dean. Sq5 2qFqLt qBarqj. q24q7. q2q30 (Mar- 19q8tq). (4) Nothing in these rules shall serve to
1q8-20.Dqoql IntenL eliminate or alter the requirements or 2utqhoritqy or
(q1) All sovereignty lands within 2 preserve shall other governmental agencies, including counLICS
be inanaged primarily for the maintenance oqr and municicialqitics, to protect or enhance the
essCotialqlqy natural conditions, the propa6qption or Prseves Provided that such requqirer. ents or
qrish and wiqidliqfc@ and public rccrq=Lion, including authority arc not inconsistent with the am and this
hunting and qrishinqg where deemed appropriate by chapter
the board, and the managing agency. qSpecqilic AUthqwitt, 1q20-qSqJ. qZq58.4q3(1) qFqS. qI-r-
(2) The aquaLic preserves which aqrr dcscribed in qiqmplerqmnied qZq5q88qJq@. 25q8-q36. qZSqE.q37.q25qS.q39. q2.5q8.q39.3 qFqS.
7q3,.q534, Laws oqf Florida., qScqmions 25q9.39. 258.39 1, Amended q8-7-q9q5. qForqmerqty 16Q-20.01, J ransqiqerrrd qIrrom
q258-392 and 25q9.393, Florida Statutes, future 16Q-q2q0.0q01.
aquatic preserves established pursuant to general or
Special acts Of the qJeWqiSqiqMUqM and in Rule 1q9-20.002 Boundaries and qSqw6qm of tqhe
1q9-20.002, Florida Administrative Cade, were Prescrvcz.
established for tqhe purpose or being preserved in an (1) These rules shall only apply in those
essentially natural or cxisLinqg qwnqdit.ion so that their sovereignty lands within a preserve, title to which is
acsqthqeqtic, q- bio8qio2qLqricqal and sciqeqnqtiqlqlqic values may vested in the board, and those other lands for which
endure for the enjoyment of future 6qr qcrqiqcqrqAqtiqonqs. thqe board has an appropriate instrument q*qin writing,
(3) The prom2qxqiq-qo4qm shall be administered and CqXqCqI8qVIqCd by the owner, qauqthorizinqiqz thqe inc0qlusiqnn or
managed in accordance with the following goals: sqoqcqci8qiqic lands in an aquatic preserve pursuant to
(a) To preserve, prqotc0qm, and enhance these 6qS8q@4qm8qiqon 20q(2) of Chapter 73q-2q534, Laws o8qf Ficqirqlda,
exceptional areas or sovereignty submerged lands by Sections 2q2.58q8.40(8qi) and 6q26q58q9.44q)4q(5), Florida 6qSqtaqiuqiqcqsq,
qrqcaqsoqnab2qic qreqvu8qlaqtion or human activity within t0qhqe future aquatic preserves qcsqLabiishqed through
preserves through thqe cievqelqocqirrqicrqiqt and general or sp6qm4qial acts of qt0qhqe legislature, and
2qi2qm8qp8qiqcmqeniqaqt8qiqoqn Of a comprehensive' management pursuant to Rule 18q6q-20.8qD8q02q8q, Fiqnqri4qca
program; Administrative Codeq. Any publicly owned an6qd
(b) To pqroqtqe6qm and enhance the waters or qthqe maqinqiqainqe0qd qnqaviqrqaqt4qion channel authorized by qtqhr
preserves so that the public 2qmqay continue to enjoy United States Congress, or other public works
qthqeqtradiqLionalqiqeqc, qtiqoqnal uses of those water such pqrn6qiqcqcqi authorized 68q@qv the United States 20qConqerqess,
as swimminqrq,q, 8qbquaqti4qn8qiq. and fishingq, 4qdqeqsqi00q4nqe8qd to improve or maintain commerce and
135 navigation shall 4qbqe deemed to be excluded from the

fqp 3/87)
1920.002 qMqMRNAL qWIPRqOTqME'T TRUST FUND qV. 9 P. 6922p

pwisins or this chapter, pursuant in Subsection 181. Pages 363qU6nd in the Official Recrds f
q2q5q8.4q0q(2). Florida Statutes. Furthermore. all lands Fqiaqgqler County in qBtwoqk 33. pages q131-134.
lost by avulsion or by aqniqfqiciaqllqy induced cic 4. Tomisqka , Marsh Aquatic Preserve. as
shall be deemed excluded from the provisions of this described in the Official Records of Fiaqgier Ciountqy
chapter pursuant to Subsection 2q58.40(3), Florida in qBijoqk 33. pages 135-138, and in the Orqrqiciaql
Statute&. Records of qV4q6usia 6qC.4qwrity in qBemiqk 1244. pages
(2) These rules do not apply to qBroca Cqiqm Bay. 615-618.
Pinellas County or Biscayne Bay Aquatic S. Wekiva River Aquatic Preserve. as described
Preserves. in Section 2q58.39(30). F-S.
(3) These rules are promulgated to clarify tqhe 6. Mosquito L.-Aqgqmn Aquatic Preserve. as
responsibilities of the board in carrying out its land described in the official qRettirqds (iqf voqiusia 0qQbuntqy
management functions as those functions apply in Book 1244. pages 611q9-623. and in the Ofqrocial
within the preservq= Implementation and Records (if Brevard 6qCtouniqy in qBcxok 1143. pages
responsibility for environmental qpei-mitting or 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preserve. as described
preserves are vested in the Department or in the Official Revorqds of Brrv;trxql qCA#univ in 2q&Kok
Environmental Regulation. Since these rules are 114q3, pages 195-198. less those lands dcq@qiczitcd in
considered cumulative with other rules, a person the U. S. A. prqinr too the cnarimcni of the am. until
planning an activity within the preserves should such time as the U. qS. A. no qloricer wishes it)
also consult the other applicable department rules maintain such lands for the purporsc for which they
(Chapter 18-21, Florida Administrative Code, for were deqdiqmied, at which time such lands wfluqlq@
example) as well as the rules of the Department of revert &to the qLociarqd, and q6c qm-inageqd as part (if the
Environmental Regulation. preserve.
(4) These rules shall not affect previous actions q8. Indian Rover - Malabar to Sebastian
of the board concerning the issuance of any Aquatic Preserve. as described in the . 0(qriciaql
casement or lease-, or any disclaimer concerning Records of qBrevarqd 4qCdiuntqy in qBemik 1143. pages
stwereigntqy lands. 199-202, and in the 0fqrociaql Rec-ords 6qW Indian
(q5) 'the intent and specific provisions expressed River 4qQ)unty in 6q&xik 368, qjuives q5-8.
in 1q8-20.001(c) and (qf) apply qgeneqmqlly to 211 9. Indian River - *Vent Beach to reirt Pierce
-ks tqiqm-rqiqbcqd in the Orqrqicqiaql
CxqMing or future aquatic preserves within the scope Aquatic Preserve, . I
or this chapter. Upon completion or a resource Records or Indian River County in qB(xvk 368. pages
inventory and approval or a management plan for a 9-12. and in the 0(qrqicial Records (or qSt. Lucie
preserqm pursuant to 18-20.013, the type County in Bot)k 187, paces 1083-108q6.
desiqgriation and the resource sought to be qpq"SCrVeqd 10. Jensen Beach qw Jupiter qInqIct Aquatic
may be readdressed by the qBasirqd. Preserve, as described in the 0qOqfqfqittqinqi Records Or qSL
(6) For tqhe purpose or cqhitriqfication and Lucie County in Book 21q8, pages 2865-2q86q9.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve, as
follows do not include any Land which is exprv=sqlqy described in the 0qfqricial Records nr Martin Ccounty
'ecoqg. qizeqd as privately owned upland in - a in Btook 337, pages 2159-21q62, and in the 4qOqrqrqicial
pre-cxqisting recoiqded mean high water line Records or SL Lucie Ciountqy in qBqmik 20 q1_ pages
settlement acrcq=ncnt between the board and a 1676-q1679.
private owner or owners- Provided. however, in 1q2. Lxahatchee River - I-Ake Worth Creek
those insLances wherein a sqaderricrit agreement was Aquatic Preserve. as descriqheqd in the 0qOMcial
executed suqbs;equent to the passage of the Florida Records or Martin 4qQ)unty in B(Kbk 320, paces
Coastal Mapping Act, the determination or the 193-196, and in the Official Reciorqds or Paim Beach
mean high water line shall be in accordance with the County in Volume 1860. pages 806-809.
provisions of such at- 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons interested in obtaining details or County Line Aquatic Preserve. as ocq=ibed in the
par%icuqLar preqwrves should contact the Bureau of 0qOqrqricial Records or Dade County in Book 7055,
State Lands Manaqgernent.. Department of Natural pages 852-856, less, however. those lands and
0qRcsources, 3900 Commonwealth Blvd., waters as described in Section 2q58.1q65, F. S.,
Tallahassee, FL 3Zq303 (telephone 904q-488-q2297). (Biscayne Bay Aquatic Preserve Act cir 1974), and
(a) 20qThe preserves am described asq'fqollows: those 'lands and waters within the Biscayne
1. Fort Clinch State Park Aquatic Preserve, as National Park.
described in the Ofrqicia6ql Records or Nassau County 14. Liqrnumqviqtqaqc Key Aquatic Prqr-sqcqrvqc, as
qT
in Book 106q8, paqiqtqeqs 2q30q46q3-3q46, and in Book I 11, page described in thqe Official 12qRqeqcqoqrqas or Monroe County
q42q09. in 6qBqgKqik 506q2, pages 139q-142.
6q2. Nassau River - SL Johns River Marshes 15. Coupon Big hqt Aqo q'uqaqtic Preserve, as
Aquatic Preserve, as described in the 24qO2qf6qlqocial described in the 02q(2qlqiqcqiqa4ql Rqeqcqtqiqr8qdqsqo8qrMqonqrqoqcCqiqounty
Records of Duval County in Volume 3183. 8qpqa qes in Bq(xq)k 0q502, pages 143q-144q6.
547q-6qS6qS28qZ and in the 20qO64q&qicial Records or Nassau 0q16. Cave Rqiqsmqanqiqs - Ten 16q7housand Islands
County in Book 108q8, pages 232q-237. Aquatic Preserveq, q;qiqs qnqeqscqr8qi0qhqe4qd in the 20qOMciqal
0q3. 0q@cllicqer Creek Aquatic Preserve, as described Rec-qtq)qrds of Collier County in 6qBq(xqlk 36q81, pages
in the 20q02q1q-qlqiciqal Records Or 6qSL Johns County in Bqcxq)k 6q292q6q-301.

136

fit. 318)
V. 9 p. 692-2qQ FLqOKMA AqQU77qC PRESERVES 1920.003

17. Ron-kery Bay Aquatic Preserve- as described neqvxiate an arrangement with any such private
in Section 2q5q8.398q01). FS. u2q@and owner by which such land M*qaqy be Included
IS. Emeqm Bay Aquatic Preserve as described in in the pvewiv
Section 258.39(28), Florida SLatuteL 33. Tcrra 4qCcia Aquatic Preserve, as described in
19. Pince Island Sound Aquatic Preserve, as Section 25q9.393, Florida Statute&.
described in the Ofricial Records of Let County in q34. Future aquatic preserves established
0q&onk q&4q8. pages 732-736. pursuant to rencraql or special acts of the qicrisiaturt.
20. Matqiacqha Pass Aquatic Preservc, as qSpecqiqrq- Aq@ihroiiy 120.5q3. 2q5q8-4q3q(t) qkqs. L.
described in the Official 6qReqwf'qds of 1qXc County in qi1nPkynen$eqd qZq5q8-q39. qZ5q8.qJ91. 25q8.q39qZ 25q8.39q3. q258. An.
qBcxik 800, pages 72-c-72q8. qZq58.41, 2q58.4Z 4qZqSq8.4q3. 2q38-44. 2q38-45 qFqS Hisqwr.vq_
21. Gasparilqla Sound - Charlotte Harbor New q2.qZq3.81. Ainentieqd q8-7-85. qForqmer1jr 16Q-q20.0q2.
Aquatic Preserve. as described.in Section 25q8.q39Z Tqmitsferreqd qfnmn 164qQ.q20.qOqOqZ
F.S. 1q3-20.003 '6qDerqmqitq;oas. When used in these
=. Cape Haze Aquatic Preqwrvc,asqdcscriqbed in rules, the following words shall have the indicated
Section q2q5q8.39q(29), F.S. meaning unless, the context clearly indicates
2q3. CAickroach Bay Aquatic Preserve. as otherwise:
described in Section 258.391. F.S. (1) -Act" means the provisionsorqSectqion 258.35
24. St. Martins Marsh Aquatic Preserve, as through 258.46, F.S., the Florida Aquatic Preserve
described in the Official qRcqwrqds of Citrus County AcL
in Book 2q76, pages q238-241. (2) -Activity" means any pqm_qject and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring qtx)ard
described in the 4qOMcial Records oqf Franklin approval for the use., sale, lease or transfer or
County in Volume 98, pages q82-85. interest in sovercientqy lands or materials, or which
26. Aqpaqiacqhia)qia Bay Aquatic Preserve, as may require a license from the Department or
described in the Official Records of Gulf County in 4qEnvironmcmaql Regulation.
Bcx)qk 46, pages 7/7-q81. and in thc0q0qfqrocial Rccnrqdsof (3) -Aesthetic values" means scenic
Franklin County in Volume 98, pages 102-106. characLcrisLics or amenities or.the preserve in its
27. St. qjoscph Bay Aquatic Preserve, as esscntiaqby natural state or condition, and. the
described in the Oqfqiscial Records of Gulf County in nqiaintertance tqhe., r.
qFmook 46. pages 7q3-76. .q(4) "Applicant" means any person making
2q9. SL Andrews State Park Aquatic Preserve, as applicaLin for a permit., license, conveyance of an
described in the Orqrqicial Records or Bay County in interest in state owned lands or any other neccq=ry
Book 379, pages 54q7-q5q5q0. form of qgovcqmmen2qW approval in order to perform
29. Rtickqy Bayou State Park Aquatic Preserve, an acLivqitv within the preserve.
as described in the 4qOqf-ticial Records of Okstionsa (q5) t*qBq:cr0q@qicqial biological functions" means
County in Book 593, pages q742-o-7q45. interactions between flora, fauna and physical nr
30. Yellow River 2qMarsh8qAquatic Prescrvv_ as cqhernical atuibutes of the environment, which
described in the Ofricial Records. oqf SanLa Rosa provide benefits that accrue to the public at qiargC,
County in Book 206, pages q5q6q8-S71. including, but not limited to: nutrient., pesticide a-nd
31. Fori Pickens State Park Aquatic qPrcscqm,_-as hc2vqy metal upLakc; sediment retention; nutrient
described in the 4qOMcial Records oqf Santa Rosa conversion to biomass; nutrient recycling and
County in Book Z2q0. pages 60-63 in the Official oxqyqgenaLion.
Records oqf Escaqmbia County in Book q51q8, pages (6) "Beneficial hydrological functions" means
6q5q9-6q6Z, less the lands dedicated to the U. S. A. for interactions between flora, fauna and pqhvsical
the establishment of the Gulf Islands National qgqmqloqgical or geographical attributes or the
Sc2shore prior to the enactment of the acL, until such criviroriqmcrit., which provide benefits that accrue to
Limp ;Ls he U* S* A, no longer wisqiqms to maintain the public at large, including, but not limited to:
such lands for the purpose for which they wq= rq=rqdation of storm water flow; storm water
dedicated, at which Lime such Lands would revert to rqmcnLqion: and water storaqgc. and periodical reicas.-;
the board and be managed as part of the prc3crvc. (7) -Biological values" means the preservation
3q2. For the purpose of this section the and promotion of indigenous life forms and habiLaLs
boundaries or the Lake Jackson Aquatic Pqrqcqsqcqr8qm including, but not limited qic: s rqiqgqeqs, soft corals,
shall be t2qhe body of water in Leon. County known as. hard corals, submerged 6qgqr=q, mangroves,
20q"kqe ackson in Sections 1,) 3. 0q5. 4q30, 11 and 14, saltwater marshesq, fresh water marshes, mq%8qid nqaqtqsq,
Township I North. Range I West and Sqe6qmions 11, marine, qcsqtuarinqt, and aquatic reptiles, games qand
12q.16q3q,14q,15.28q1_q2q2 0q23.22q6q,6q2q7q7,22q8,29q,16q14q_q233q;34, noqnq-2qgqamqes fish s4qpqeqnqc2qiqesq. mqarint, estuarine, and
and 35, Township 2 North, Range I West lying aqUaLiC mammals, mariqnqrq- estuarine, and aquatic
4qlqoqc4qiqow the ordinary high water line- Such lands shall invertebrates, birqcis and shellfish.
include the submerged 8qbqoqtqtqorn lands and thqe water (S) -Board" means thqe Governor and Cabinet
column u2q;xq)n such lands, as well as all publicly sitting as the Board or Trustees Of qthqe Internal
owned islands, within the boundaries of qt4qhqe Improvement Trust Fund.
preserve. Any privately held upland Within the (9) -Channelq" means a trench. the bqntqtqorqn or
boundaries of the preserve shall be deemed qto be which is normally covered entirely by waqtcqrq. with
excluded therefrom; provided that the Board 2qmay the upper edges or its sides normaliy 4qbqeiqnw water.

137

qOL 3/87
13-20.003 INqMERNAL IMPROVEMENT qTRusT qr:ND V. 9, P. 692211

(0) qCrmmcil industrial and est her revenue (22 Premns%n.I All r
generating/qincrione related qd(scqks- means docking which are qexivqokiiinal arcas of wn,cretorniv land...
facilities for an activity which prooduces qirqK-timt, end the asuaciaied water bloolv sit nesignated in
through rental or any other means, or which serves Section q2q58.39. q25q8.391. end q2q5qS 3q@q2. F.qS..
as an accq=sorqy facility to other rental, commercial include nqg all stovereiqgniqv lands. title too which is
or industrial operations. It shall include. but rocest lie vested in the betarqd, end such father qlancis as the
limited to docking for. marinas, restaurants. hoicis, imiard truivacquirc cirappro-ve fair ltwiusqmn.and ihc
motels, commercial fishing. shipping, boat (or ship WAICr ClOlunin cover such lands. which have been set
construction. repair. and sales. aside so be nialnialned in in essentially natural air
"'Department" means (he State or Florida existing condition nq( indigenous noriand qrauna and
DepartmentorNatural 6qKcsourccs. as administraqmr their suppcininqg habitat ;enqd the natural 'sacenic
for tqhe board. qualities and amenit -ies therecof.
(12) -Division" means the Division of State (23) -Private residential single d4x-qk** means a
Lands, which performs all sLaqIT duties and functions diock which is used fair private. recreational air
rrqAateqd to the administration or lands title to which leisure purposes. fair a single family resident-c.
is. or will be, vested in the board. pursuant 10 sell ion cytitaqge: for father surh single dwelling unqitanqd which
253.002, F.S. is designed oft ffwocor roc) misre than twat basat s.
(13) -Dock" means a fixed or floating structure. (q24). "Privaic residential muqlti-sqlqip qdiack- nicans
including moorings. used for the purpopso: soq( a dqw-kinqg facility which is used- fair private
berthing buoyant vessels either temporarily air recreatocinal for leisure qpurpcosc for rnuqiti-unit
inedcqrinit6q6qy. residential dwellings which shall include but is nnt
(14) "Eisentiallqy natural canditicon- rotates limited its ctindcomeniums. townhisuses. subdivisions
those functions which support the ctintinuted ;enqd isiher such dwellings air residential areas and
existence or encourage the restoration of the diversc which is designed to motor three car more boats.
population or indigenous life forms and habitats fit Yacht clubs associated with residential
the extent they existed prior to the siqgniqrqiqmni qdevelteponcrets. whose.member%hiqps for utiqlizailaren air
development adjacent to and within the preserve. the qdilt-king facility requires scorne rr-aql property
(15) -Extreme hardship" means a siqgnqiqrqwant inferno in that resldcnti;kql arca. shall also) be
burden, unique to the applicant and reciot shared by included.
property owners in the area. Scqiqr-qimpir4qaql (q2q5) "qPuqliqlic interest- qmr-ans tqictroonstrmqbqle
circumsLanccs caused to any derrec by actions of any environmental. SNICial. and economic qbeneqrms which
n subsequent to the enactment oqr the Act shall W(Juqld accrue: its the public at large as a result for a
not be consu%ked as an extreme hardship. Extreme proqrx)scqd action. and which would clearly exceed all
hardship under this act shall root be construed to) demonstrable crovirainniental, s4sciaql. and evorsomic
include any hardship which arises in whole or in Costs toq( the qpnbfXrscd action. In determining the
part from the c0qf0qfect of'otqhcr qfcqdcraql. state or qlioc-Aql public interest in a request fair use, sale- lease, or
laws, orqdinanccs@ rules or regulations. The term transfer or interest in sovereignty lands or severance
may be inherent in public projects which are shown of materials from scovereigntqy lands, the qbnard shall
to be a. public necq=sqity. consider the ultimate proqyqm and purpose to be
(16) -Fill- :ncans matcriaqLs from any source, served by said uqm sale, qicase. or transqier aql' lands or
cqpOsqiLcqd by any means onto sovereignty lands. materials.
either for the purpose of creating new uplands or for (26) -Public navigation prisoJect" means a proqiect
any other purpose, including spoiling of dredged primarily for the purpose fir navigation whicq@ is
materials. For the purpose of this ruqlat, the authorized and funded by the United States
qP&acrqmcnt of pilings or riprap shall not be 0qQ)nqgrqms or by port authorities as dei-ined by consicifered to be filling. Section 31q5.0q2(2). F.qS.
(17) 'qLcase:" means a coriveqyance of interest in (27) -Public necessity" means the works or
lands. title to which is qwqzqwqd in the board, granted in improvements required for the protection or the
acqmrqdancr with specific terms set forth in writing. health and safety (if the public, consistent with the
(q18) "Marina" means a small cqmft harbor Act and these rules, for which no other rt0qWnaqbqic
complex used primarily for recreation. alternative exists.
(19) -Oil and qgas qwansporLation facilities" (28)* "Public utilities" means those: servicesq,
means those structures necessary for the movement provided by persons regulated by the Public Service
of a and ps from the production site qacqt the Cqtqimmiss4qiqonq. or which are provided by rural
Consumer. qcqrqeqcqipqerativqes. municipalities, or other qrqoqwqcqt-rqemqenqtq.al
(20) "Person- means individuals. minors, aqrqtqIqnqc4qiqcqsq, including electricity. qtqeicphqoqenqc, public
parqtqnqers8qhi2qm corporations, qnqicqsq, water and wastewater services. qand structures
joint ventures. est.
trusts, syndicates, fiduciaries, firms, and all either rqeqe6qmqsqsqar4qy for the provision of these services.
aqsqsqocqtaqtqionqs and combinations, whether public qaqir (29) "Quality qtqe8qr the preserve" mqeqans.qthqe 8qdqeqrqrqe-qc
private- including governmental entities. qoqff the biqtqiqlqtqsqiqeqlqt6qm4qlq. aesthetic and scienti2qr8qiqcva0qiuqcs o2qi the
(28q16q) -Fier" means a structure in. on, or qt4qwqcqr Preserve n8qe0qcqcq%qsqar8qy tier present and future qcnJqcqv4qymcnt
sovereignty lands, which is used by the public for it in an essentially natural qcqtqindiqiiq(8qon.
primarily for fishing. swimming, or viewing qthqe
(30) q"Rqt8qwqiurqt.q-qeqr0q6anqieqemqenqtqaqLrqeqc8qmqcqrqiqtq"q-mqeqans
preserveq. A pier shall not include a dock. a contractual qaqurqeqe12qmqenqt between q@hc board and fine

138

qM 3197)
V. 9, P. 692-2S FLORIDA AQUA= PRESERVES 920.004

oor nuore Ixtriees which dopes newt create an interest in for. tier and where the use fit the water for s4werciqgnty
real property but merely allLhnrqizqm cn0qMu1q:1 ,q( Inds is an integral part ciqf tht avt1%%ty.
(rIAin management activities an lands held qby the qSqMqiq/qfc Authrority 2q38.4.10q) rqS. Low Inipir"wneed
lNuird. 2q5q8..77. qZ4qM.43q(1q) 8qFqS. Hisqmrv-0qNrw.q?-q2q3-d1. inqwnrievi
(31) -Resiouree Protection Area (RPA) q1@ - 0q& 7-85. Farmeriy 16Q-20.0.1. 0qTransierrrd qIrvam
Areas wqiqi2qhqt 8q@tq@_uatic qpoeseq-es which have 16Q-20.00q3.
resoqwrivs isq( the hiche'st qqualiT8qr-aqhd condition for q1q8-20.004 Management Policies, Standards
Mat area. These resources may include, but are not ,d Criteria. The following manneement lxiiqiLics,
limited to corals; marine grassqbeqdl; manqgrfq-c standards and criteria are supplemental iiv Chapter
swamps; saqh-water marsh; oyster bars; 19-21, Florida Administrative qCAide (qS4#vercienty
archaeoqloqgicAql and historical sites; egqtdanqgered or Submerged Lands Manacemeni) and shad be
threatened species habitaL; and. colonial water bird utilized in determining -whether if) aqpprcvc.
nesting sites. approve with conditions nr modiqrwitions fir dcrivaqlql
(32) -Restpurce Protection Area
J. Areas requests for activities tin s4overeiqgnty qlancis in
within the aquatic preserves which are in tra *nsition aquatic preserves. :
with either declining resource protqminn area 1 (q1) GENERAL PROPRIETARY
rqMources fir new pioncerinqg resources within (a) In determining whether to aplqmsvc for cqicnqy
resfourcc priptection atq= 3. any request the Board will evaluate cach ton a
(33) -Resource Protection Area 3" - Arms case-qbqy-case basis and weigh any faacirs relevant
within the-aquatic preserve that are characterized under Chapter 253 and/nr 2q58.'Fqlorqiqda Statuses.
by the absence of any signiqtqicant natural rts"qmrUt 0qThe Board, acting as Trustees q(fir all %tate-oqwned
at Itributes. Lands. rescrvqm the right toappnovc. qmqmqlifqy fir reject
(34) "Riparian richu- means those rights any propcisaql.
incident to lands qkxvrcqicnng upon navigable waters. (b) Them shall be no further sale. lease fir
as recognized by the courts of this state and common transfer of sovereignty lands extcpi when such sa le.
law.
lease ar transfer is in the qpuqbqlir interest (scc SeLt ion
(35) "Sale" mc2ns a conveyance of interest in 1q8-20.qDqO4q(2) Public Interest Assevsnicni Criteriaq).
lands, by the qixiard. for consideration. (c) Them shall be no constructition fir scawaqlqls
v if
(36) _-qScienqdqric values" means the preservation waterward fiqt the mean or orqdinar. hi-h water 1111c.
and pronuition tiqt certain quaqlqhies or features which or filling waterward or the mean for ordonary high
have sq6entiqfqic sqigniqtqiqmnce. water line except in the case oqr public rtuid and
(37) -Shorc protq=ion structure" means a type bridge prqojecLs where no reasionaqbic alternative
of coastal construction designed to minimize the rate qmistL
or ertysion. Coaqnqal cnnsuuction includes any work (d) There shall, in no case, he any dredging
or activity which is likely to have a material physical waterwarqd or the mean or ordinary hirh water-line
eqfqtect on existing coastal condiqdons Or natUr;Lql q@qho)rg for the sole or primary purpnse oqf .providing qliqll for
qprocessqm any area landward of the mean, fir ordinary high
(3q9) -Stwerciqgntqy lands" means those lands water line.
including, but not limited to: tidal land.-, islands. (e) A lease. casement or consent or use may be
sandqbars, shallow banks, and lands foraterward of authorized only for the following activitict
the ordinary or mean hiqgqbWaLcr line, to which tqhe 1. a public naviqptinn proqjeqm;
State or Florida acquired title on March 3, 1 qS4 qS. by q2. maint net 'or an existing navigational
ena
viruc of sLa,ehood, and or which il has not since channel;
divested its title intcrq=L For tqhe purposes or this 3. installation or maintenance or 2qpprtived
rule sovereignty lands shall inciuqde all submerged navigational aq;cqis-
lands within the boundaries of tqhe preserve, title to 4. crc2Lion or maintenance (iqt a
which is held by the board. comqmcrciaql/industrial dock, pier or a marina;
(39) "Sqpnqiqi" means materials dreqdired from 5. creation or maintenance of private docks for
savercianiv lands which are redeposited or reasonable ingress and ceress. or riparian owners-,
discarceqd by any means, onto either sovereignty 6. minimum dredging- for navigation chaniqncqis
lands or uoiands. attendaqw to docking facilities;
6qf hqe board by 7. 0qCq-qCqILiqOn or ncqe tit a short protection
(46q0) q1 ranqsqiqcqr- means the act of t mainqtqenqa.
which anqy interest in lands, including qcqasqcmqenqtqiq, sqLrucqtuqrcq.
other than sale or lease, is conveyed. 2q8. insqta8ql8qlaqLion or maintenance of oil and 2qgas
(4 1) "Utility of. the preserve" means fitness or qLrqansporqtatiqon facilities;
the preserve for thqe present and 6qf2quLquqrqt enjoyment of 9. creation, maintenance, replacement qfqir
its qhqoqo4qlqnqeicqal. aesthetic and scientific values, in an expansion of fqaciiiLiqes required for the provision qfqir
qessqenqtiqa0qf8qly natural condition. pu4qb8qiic utilities; and
(42) '.Water dependent activity" means an 10. other activities which arc a public necessity
activity which can oniv be conducted on, in, over. or or which are n40q=qry qtqiqt enhance the quality qfqir
ad8qJqacqenqt. to, water areas because the activity utility of thqe preserve and which are consistent with
requires direct access in the water body or thqe act and this chapter.
qsqtqivqerqci0qgnqt2qy lands for transportation, recreation. (6qr) For activities listed in paragraphs
energy production or transmission, or source of 18q8q-20.004(4qj2q)8q(qc2q)4ql.-0qI2qO. a4qkqxqlvqcq,q. the activity shall' qbqe

139

1820.004 Iq7ERNAL IqMPRoqmmqLVqT TRUST FUND V- 9. p. 692--r

designed in that the structure or suurs be 2. provide bing and mrn vs (repair.
built in. on or over sovereirritqy landsare limited to pumqpoUL, etc.);
structures necessary to conduct water dependent 3 improve and enhance public health. safety,
activities. welfare, and law enqforceqmeni.;
(g) For activities listed in paragraphs 4. improved public land management;
1q8-q20.0q04q(qjq)q(cq)4q% q8.. 9. and 10. above. it must qbe 5. improve and enhance pubqliqj navigation,
demonstrated that no other rcasonabic aqlternativc 6. improve and enhance water qquafity;
exisLs which would allow the proposed activity it) be 7. enhancemenL/restorat inn of natural habitat
constructed or undertaken outside the preserve. and functions; and
6qW 4qTqhe use of state-owned lands for the purposc q8. iqmp.ov /protect
of providing private or public road aqm-qM its islands endangered 6qAhqmatened/unique species.
where such a r r did not previously exist shall be q(c) COSTS:
prohibited. The Use oqf qMte-ds-netqi lands for the 1. reqduced/demded water quality;
put pose of prnvidihqg private or public water supply q2. reduced /degraded natural habitat and
to islands where such water supply, did not functinn;
previously exist shall -be prohibited. 3. destructq;on, harm or harassment or
(i) -Except for public navigison ind endangered or threatened species and hAbitat;
qPqMOCLqU .
maintenance dredging for existing channels and 4. pre-emption of public use.
basins, any areas qdreiieed in improve or Ic 5. increasing navigational . hazards and
navigational acccss shall be incorporated inin the congestion;
qp een pled area o(anqy required lease or be suqbqjea to 6. reduced /degraded aesthetics; and
the payment of a negotiated private casement fm 7. adverse cumulative Insqpiacts.
q0) Private residential muqitqi-sqhp docking (d) EXAM PLES OF SPECIFIC BENEFITS:
facilities shall require a least-. 1. donation or land, conservJILinn easements.
(k) Aqquaculurc and . beach rersourishmcrit restrictive covenants or other title interests in or
activities which comply with the standards or this ctintiqguous to th aquatic preserve which will
rule chapter and Chapter 18-21, Florida prvitect or enhance thq@ aquatic prescrvc;
Administrative Ct)dc, may be apprioved by the 2. providing ax - or facilities for public land
board. but only subsequent to a formal qAndinqg or management activities;
compatibility with the purposes of Chapter 2q5q8. 3. providing public access cascmenLs and/or
Florida Statutes, and this rule chapter. facilities, such as beach access, boat ramps, etc.,
(1) Other - of the preserve, or human activity 4. restaraticin/crihanceqment of altered habitat or
within the preserve, although hot originally natural functions, such as conversion of verticml
contemplatetqL may be approve by the qbtsaq;qd, but bulkheads to riprap and/or vegetation for shoreline
only subsequent to a formal finding of compatibility stabilization or rc-estabqiisqhment or shoreline or
with the purposes or Chapter 258, Florida Statutes, submerged ve6qpqution;
and t.his rule chapter. q5. improving fishery habitat through the
(2) PUBLIC INTEREST ASqSE6qMME6qNT establishment Of 2rtiqrqiCial recqh or other Such
CR8q=RIA qpqmqjcq=. where appropriate;
In evaluaLinqg requesu for the sale, lease or 6. providing sewage pumpout facilities where
uqmnsqfer or interest- a balancing test will be' utilized normally not required. in particular, facilities open
to determine whether the social, economic and/or to the general public;
environmental berieqfqits cqicarqlqy exceed the cnsLs. 7. improvements to water quality such as
(a) 0qO0qENERAL BENEFIT/8qCOST removal nf toxic sedimenu, increased qrjushinqg and
CRITERIA. circulation. etc.,
1. any benefits that are balanced against the q8. providing upland dry stararcasan alternative
costs of a particular proqicqa shall be related to the to wetsqlip; and
affected acuatic prcscr%-v. 9. marking navicat.ion charincis to avoid
qZ. in evaluating the benefits and cosu or each disruption of shallow water habitats.
requcr.. specific consideration and weight shall-qbc (3) RESOURCE MANAC8qE0qM8qE4qNT
given to the quality and nature nq( qihc specific (a) All proposed activities in acuaLic preserves
aquaLic preserve.' Prqjeq= in the less developed, having management plans aqdopica: by the Board
more pqnqsqtqsnc aquatic pqrcscrvqes such as must demonstrate that such activities are consistent
Apalachicola Bay shall be. su4qbq.6qi0qm qtqo a higher with thqe management plan.
standard than thqe more. dqeqvqclqopqc6qd urban aquatic (b) No drilling of oil, 6qg6qm or other such wells
prqeqsqervcs such as Boca Ciqe2qgqa Bay, and, shall 8qbqe allowed.
3. for projects in aquatic 4qpqrqcsqeqrvcs with adopted 4q(qc2q) Utility cables, pipes and other such
manaqr2qmqent plan.%, consistency with qthqe structures shall be constructed and 8qhqicqnqiqe8qd in a
management plan will be weighed heavily when manner that will cause minimal disturbance to
determining w4qhqeqth.cr the project is in the pub8qiic submerged land qrqesqoqu cqe such as oyster bars and
inqtcrqe0qw. submerged gra0qn beds and tin not interfere with
(b) BENEFIT CATEGORIES: traditional public uses. .
1. public access (public boat ramps, 4qbquqaqLs4qlips. 32qW Spoil disposal within qthqe 2qPqr2q=qrqvqeqS shall 8qbqe
qcqtqrq-2q)q; strongly discouraged and may be. approved oniy

140

V. 9 P 692-2 9/ss)
FLORIDA AQUATIC PRESERVES 1320.00

structures 5haq"' be eqmstr"eied and located in a q1, I8qk dock will extend q"it from he sheirchnc no
manner that will cause minimal disturbance a further than to a maximum depth of minus four
submerged land resources such as oyster bars and - 4) feet (mean loft- water);
submerged grass beds and qdo not interfere with 4. when the water qd2qMqh is minus four 4) qfeirt
traditional public uses. (mean qlow water) at an existing bulkhead the
4qW Spoil disposal within the.preserves shall qLic maximum dock q1criqgih from the bulkhead shall be
strongly discouraged and mail be approved I-qlqy 25 fen, subq@ct in modifications accommodating
where the applicant has demonstrated that there is shoreline vegetation overhang;
no other rcasnnaqbqic aqiternaq6vc and that activity qS. wave break devices, when nercqury, shalql'qbe
may be beneficial in, or at a minimum. not harmful qdcsiql!ncqd to allow for maximum water circulation
in the quality and utility of the preserve. and shall be built in such a manner as to be pan aql'
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions or this rule %hall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional, common law and 7. dredging to obtain navigable water depths in
statutory riparian riqghu or upland riparian twinjunctqion with private residential, single dock
property owners adjacent too sawerrignoqy lands. applications is strongly discouraged*
. (b) 2qTht'cvaqiuatqmin and qdirierminasinn (if the q(c) Private residential qmuqliq;-sqlqip docks shall
reasonable riparian rights or ingress and eqgrrgs [fir conform to the following specific drsign standards
private, residential muh;-slip docks shall be based and criteria:
uponthenumqberof linear feet aql' riparian shoreline. 1. the area oqr soverriqgniqj-, submerged land
8qW For the purposes oqf this rule, a private. preempted by the docking qlacqihiqj, shall not exceed
residential. single docking facility which meets all the square qiliqmage arnountinqg in ten times the
the requiremenu aql' Rule 1q9-20.OqCAq(qSq) shall be riparian waterfront footage of the affected
deemed to meet the public interest requirements or watcrqixody of the applicant. or the square footage
Rule 1q9-20.004(qi)(b), -Florida Administrative attendant to providing a single dock in aqmrdance
Code. However, the applicanu for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all or the requiremems and standards of this 'rule other such use restriction acccpLabqle to the Board
chapter. must be placed on the riparian shoreline, used for
(q5) STANDARDS AND CRITERIA FOR the qmqicuqUtIon of the 10: 1 threshold. to conserve and
DOCKING FACILMqES protect shoreline resources and suborqiinate/waivc
(a) All docking facilities, whihr for a single fir any further riqparian'riqgqhu or ingress and egress for
muhq;-slqip resq;dentqial or qmmmercial, shall be additional docking facilities;
su8qkpq= to the following sLandards and criteria.- q2. docking facilities and a i rc channels shall be
1. no dock shall extend waterwarqd or the mean prohibited in Resource Protectqinn Area I or q2,
or ordinary high water line more ghan q500 feet or 20 except as allowed pursuant to Section
pcq=nt of the width or the waterqbq6dy at that qZ58.42q(3)(cq)ql., Florida Statutes, while dredging in
particular location whichever is less; Resource Protection Arta 3 shall be strongly
q2. certain docks nquqy fall within areas of special discouraged;
or unique importance. These arras may be or 3. docking facilities shall only be approved in
significant biological, scienqdqrqic, historic and/or locations having adequate existing water depths in
aesthetic value and require special management the boat mooring, turning basin, a-4 channels,
considerations.. Modifications may be more and other such areas which will aC0Dmm0dZtc the
restrictive than the normally accepted criteria. Such propened boat use in order to insurc that a minimum
modifications shall be determined on a cse-by-case of one foot clearance is provided between the cqleepest
analysis. and may include. but "I not be limited in draft of a vessel and the bottom at mean low waten,
changes in location. configuration, length, width 4. main cceqn docks and connecting or cross
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths, drafts and types or qS. terminal platforms 4q"qll not exceed eight (q8)
vq=scqls allowed to utilize the proposed facility may I'm in width;
also be stipulated; and 6. ringer piers shall not exceed three (3) feet in
A. where local governments have more stringent width. and 25 feet in length,
sqLandqardqs and criteria for docking facilities, qthqe 7. pilin12qp may 4qbqe utilized as required to provide
more stringent standards for qthqe protection and adequate qnqiqoqorin8qg capabilities; and
enhancement of thqe aquatic preserve shall prevail. 8q8. qthqe following provisions or Rule
(b) Private residential single docks shall 12q6-20-004(5)(d) shall also apply to private
conform to the following speqt8qi2qf2qic design sqtqandq2r4qds residential multi-slip docks.
and criteria: (d) Commercial. industrial and other revenue
1. any main access dock shall be limited to a 2qrcrqiqcrqaqtin2qg/inqcqtqimqc related docking facilities shall
maximum width or tour (4) feet; conform to the [allowing specirqic design standards
2. the dock- decking design and construction will and criteria:
insure maximum light penctrqatinrL with full 1. docking facilities shall nn0ql0qy be 4qlocqaq.qtqe4qd in qoqr
cqonsi4qdcraqtion or safety and practicality; near areas with 8qgqcxq-qm2qd circulation, rushing and
adequate water depths;

141

qOL 9q1q")
&20006 qV. 9 p. 692-2V

2. docking facilities and a channels shall qbe Co6q&qmach Say April q2q1, q1q9q8q7
prohibited in Resource Protection Area I or q2, qEAU!qM Bay %Member 6, 19q93
except as allowed pursuant to Sections Charlqicatic Harbor
q2q5q6.q42q(3)q(4q01., Florida Statutes; while dredging in (Cape Haq=,
Resource Protection Area shall be sirongqiy 0qcasqparqiqlia
discouraged; Sound-Charlotte
3. the docking facilities shall not be qkicated in Harbor, Maqdacha
Rcsnuqmt Protection Am& I car 2; however. main Pan and Pint Island
access docks may be allowed to pan through Sound) May 1q8, 19q83
Resource Protection Arta I or 2. that am qkxated Indian 0qRiver-Maqla8qbar
along the shoqmlinc. to reach an acceptable Resource to VCqM beach January 21, 19q96
Protection Area 3, provided that such crossing will Indian qPLiver Lagoon
generate minimal environmental impact. q(Vcro qBcach to Fort
A. beginning July 1. 19q9q6 new docking facilities Pierce and Jensen
may obtain a lease only where the local govemments Beach to Jupiter
have an adopted marina plan and/or policies Inlet) January qZqZ, 19qEqS
dealing with the siting car commcmial/indusirial Loxithatchec
and private. residential. multi-slip docking facilities RivEr-qlqAkc Warth
in their local government comprehensive plan; Creek June 12, 19q84
q5. the siting of the docking facilities shall als,, Nassau RivCr-SL
take into ace ount (he access car the boat trarqric i(i Johns River Marshes
avcaiqd marine grass beds or other aquatic resources in and Fom Clinch
the surrounding areas; State Park April qZ1, 19q86
6. the siting car new facilities within the prqmrvc North Fork of the St.
shqill be secondary to the expansions or existing Lucic River May q2q2, 19q84
facilities wiihin'thc preserve when such expansion SL Joseph Bay June q2, 19q87
is consistent with the other q"ndarqds; SL Martins Marsh September 9, 19q67
7. the qkq=tqion of rqwqw* facilities and expansion or Tcj, Ccia April q21. 19q87
existing facilities shall consider the use of upland Wtkiva River 0qAu6qpqw q2q5, q19q8q7
dry storage as an alternative to multiple wet-slip Spe4qdqric Audmwq@ty qZq5q8.4q3q(qyq) qFqS Low qIqmqpderric"reqd
docking; qZ4qU.41, 258-4q4 q25,6-438qU), ZqS:4d qFqS. Hinorv-0qNeq-'
qE. marina siting will be coordinated with q10q=q1' 2-qZqS-8q1. qAppapbdeqd q&-74q45,. Forqmerqtr J6qQqL20.OCX.
qjove-qmcnts to insure consistency with all local 4qTran4qdierqmqd from qj6Q-q20.OL9, Anacraced
Plans and ordinances; 1q9-20.005 Uses, Sales., I cases or Transfer or
9. marinas shall not be sited within state q1,tnqmqu in 2q"aqds, or materials, field by the
qdcsi0q"tcqd manatee sanctuaries; and qBoarcqL
10. in any areas with knq-n manatee Specitir Autimq"ty 258.43M FS. Law JonpJefienjed
concentrations, manatee waming/noticc and/or q25qj.qGqZ 2q5q3.12, qZq58-4q2 qFqS. His3tarqvq-qSew 2-q2q3-81.
speed limit signs shall be erected at the marina Acpczied q& 7-8q3. qFqw7nciqtv 162qQ-20.0q5, Tran0qdcrred from
and/or ingrq=s and egress channels. according to 16qQ-20-00q5-
Ficarida Marine Patrol specifications. q1q6-q20.qOqDq6 Cumulative qImmpact.L. In evaluating
(c) exceptions to the standards and criteria applications for activities within the preserves or
listed in Rule 16-20.004q(5q). Florida Administrative which may impact the prrscrvcs. the department
Code, "my be consqiqdeqmqd, but only upon retoqgnizes that, while a parLicular aqitqmtion or the
demonstration by the applicant that such exceptions
q:
re necessary to .insure reasonable riparian in preserve may constitute a minor change, the
72;76qcqgrqm. q9"s cumulative effect of numerous such changes often
(6) 8qMANAC0qEME2qN'T A0qGqPLEEME2qN-1q7S preserve. Therefore, the department shall evaluate
results in maq@jtirimpairmcnts %tathe resibuic raqfthe
The board may enter into management
a particular site for which the activity is proposed
ag. cements with kicaql agencies for the with the recognition that the activity may. in
administration and enforcement or standards and conjunction with other activities adversely aqfiqca the
criteria for private residential single 4qdq4qaqckqsq. p qesqe, vqe which is pqam of a complete and interrelated
(7) In addition to the policies, standards and systemq. The impact of a proposed activity shall be
criteria delineated in subsections (1) through (6).
cqonsi4qdqerqiq;8qd in light of its cumulative impact on the
2qS management plans 8qpqrqtqsqeqrqvqe Is natural svsqtqc8qm. 0q7q-qnc dqe0qpanmcnqi shall
apply to specific aquatic pqrqc6qwqrqv6q= and are include as a part Wits evaluation of an acqtqiviqaqv:
the provisions or the fqiqallowin

incorporated herein by m8qfqerqcqnqcr- Where regulatory
(4q1) Thqe number and extent of similar human
criteria in 18q8q-20, Fq. q4q- C., may differ with specific actions within the preserve which have pqrqrviousi0qy
policies in the management plans listed herein, the a2qr8qfqcqcqwqcd or am likely to affect thqe preserve. whether
general rule crqit20q" shall prevail. considered by the *department under iqt$ current
Date Adopted authority or which 'existed prior to or since the
Alligator Harbor September 23q, 1986 enactment of qthcq-Aqcqt; and
Banana 6qP4qiqvqcqr September 17, 1985 (2) The siqrni4qiqar activities within the preserve

142

V. 9, P. 6922W qOM AQUA= PRESERV
1920.012

which are currently under consideration bqy the aquatic prese we system. subject to confirmation by
ocpartment; and the legislature.
(3) Direct and Indirect effects upnn the preserve (2) The board may, after public notice and
and adjacent presse v , if applicable, which may public hearing in the county orcountles in which the
reasonably be cxpqmed in result from the activity; propowqd expanded or new preserve is to be located,
and adopt a resolution formally setting aside such arras
(4) The extent to which the activity is consistent sit be included in the system.
with management plans -for the qpreserv..when (3) The resolution setting aside an aquatic
developed; and preserve area shall include:
(q5) The extent to which the activity is (a) A legal description of the area to be included.
permissible within the preserve in accordance with A qmap depicting the legal description shall also be
comprehensive plans adopted by affected local Attached.
governments, pursuant to section 163.3161. F.S., (b) 6qThe designation or the type or 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 nqf bencqrecqial preserved.
hqydniqlimqeqic and bqitiloqgir functions would adversely (d) A statement that the area established as a
impact the qualioq% or utiqliiqy or the preserve. and preserve shall be suqbq@cct in the management criteria
(q7) The extent iii which mitigation measures and directives of this chapter. -
may compensate for adverse impacts. q(c) A dirraqive in develop a natural rcuiurcc
Spnific AuiJacwhy q!S8.43q(lq) q1:q3. Law, qInipirnarnin4 qinveninrqy and a management plan qfurJqhC area being
238.36. 259-43. 23S.- qFS. established as an aquatic prcscrve.
FriqmirHy 16qQ-20.06. Translrrivdi,-q@,, )cQ-2.tw)6. () Within 30 days or the designation 'and
1q8-20.007 Protection of Riparian Rq;qFhtL. establishment of an aquatic prrscrvr, the board
Srxviqric Auiepriij, q238.43q(1) 4qFqS. qj,, jqm10,,on,,d shall record in the public records of the county or
2.58.1q2q3. 238.124(8). q2q35.44 4qFqS. Hsim--w-New 2.23-8 1. counties in which the preserve is located a legal
kepeakdX-7-8q3. qFrnscriy 16Q.20.07, Transierredqfqmin description of the preqwrvr-
16Q.20.007. qSpe0qdfir Aushority Z58.43q(lq) FqS. Low Jqmpjcffwn#Ed
qZqS8.41 qFqS. 0qHwarq@-0qNrw 2-2q5q41, Formerly 16Q20.09.
1q9-20.008 Inclusion or IqAnc0qk, Title to q%4rqhq;cqh 8qTq"nsifqerred qImqm 160qQ-20.qW9.
qI& Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within 18-20.010 6qEcqhanqgeof Lanq&_ 0qThe board in its
designated aquatic preserve boundaries., or adjacent discretion may exchange lands for the benefit Of the
thereto and whq;ch are owned by other governmental prq=crv--, provided that:
agencies, may be included in an aquatic preserve (1) In no case s0q"qlql an exchange result in any
upon specific authorization qfor inclusion by an land or water area being withdrawn from the
appropriate instrument in writing executed by the Prcqwrvcq; and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which arc within shall maintain or enhance the quality or utility or
designated aquatic preserve boundaries or adjacent the preserve.
thereto. and which are in private ownership, may be Speciqrc Audwirsits, 4qZq58.43q(1) qFqS. Law qJin0qocincritcd
. qfil 2q38.41q(5). q2q3.42(l) FqS. 0qHixiarwq-Neqw 2-23-81,
included in an aquatic pn:scrve upon specs ic Farinerly 1&4.q20.0, Traifced 1q@q. )6Q.20-010.
authorization for inclusion by an appropriatc
instrument in writing executed bqy the owner. 1q8-20.011 Gifu or qLiLnqd& The board in its
(3) The appropriate instrument shall be either a discrCLqion may accept any gifts or lands or interests
dedication in perpetuity, or a least. Such lease shall in lands within or contiguous to the prcscrvc to
contain the qlqoqlqlowinqg ctindiisons: maintain or enhance the quality and utility of the
q(ia) The term of the lease shall be for a minimum preserr.
peritid or ten years. q5;x0q6iir Audwority- 2q58.43(l)' FqS. qLvw Im6qMeqmrnted
(b) The buard shall have the power and duty to q?q38.-(2qtq5) FqS. 2.23-81, qFtirqmeHY
cnqfcorq= the provisions of each lease agreement, q;nd 16Q.20.11. Tq...I.-qmd'nq. 16Q--10.011.
shall additionally have the power to ics-minaic any .
lease if the termination is in the best interest or the 1q9-20.012 Protection of Indigenous 6qUqlc
aquatic preserve system, and shall have qt0qhqe power to Forms,. The taking or indigenous life forms 2q(qor sale
or commercial use is prohibited, except that this
include such lands in any agreement for prohibition shall not extend so thqe commercial
management of such lands. taking of ran 2qrishq. crusqLaccqa or mollusks, except as
(c) Thc board shall pay no more than 4qZ I per year
for any such least. prohibited under applicable laws-, rules or
qrqe2qgquqlaqiiqonqs. Members, of the public ma4qy exercise
qSpqeqviqrqiqc Authority 04q!qSq8.q430q(q1) F0qSq. Lqvw J4qmqpqiqe0qm0qmqiqrd
q20q3q,q1q,40q* 20q1q8,q4q1 00qFqSq, 2q,0q20q3-q6q1. 0qFqoqr4qmqcrqly their rights in fish, so long as not contrary so other
q1q6Qq-0q20q.q0qEq, 00qTqrqansqfq6-rqrd qIqnqwqiqt qJq6Q-2qUq.q(qKq)q8. statutory and qrqr8qgu0qlqaqiqnry provisions controlling such
activities.
04qMq-20.04q09 Establishment or Expansion of 0qSqjqwqrqirqsqr Auqtqhqrwiqt q'qv q20q58q-q43(qt) 00qF0qSq. qLqvw qimqpqiqcq'0qmeq"qIqeqd
2qAouat8q;c Pqrqcqsqeqrvqeqs.q. 23q6q.q43q(qt) 6qRq5q. Hqtqsqiqorqv-8qNqe.q- 2q.q2q3-81. 0qFqeqrqrqynqcqHy
(1) The board may expand existing preserves or q1q6Qq-q2q1q4q1q2q. Transferred qimm q)q636qQ-2n.oq1q:q!q.
establish addqiqtqsq'qanal areas qtqu bc included in qthqe

143

X q/q")
1820.017 INTERNAL IMPROVEMENT TRUST FUND V. 9 P. 692-2X
1 S20.013 1),vlopt or Resource 1820.017 In
Inventories and 4Manafenic I Plants for addition to the provismms of Rules 16-20.001
Preserves. through 19-20.016, the following requirements
(1) The board authorizes and directs the division "I also apply to all proposed activities within the
to deveop a resource inventory and wnagement Lake Jackson Aquatic Preserve. If any provisions of
plan for each preser"Ve. this Rule are in coarba with any provisions of Rules
(2) The division may Perform the work to 19-20.001 through 19-20.016 or Chapter 71-5N4.
develop the inventories and plans. or may enter inu, Laws of Florida. the stronFer prtivision for the
agreements with other persons in perform the work. prootecLi n o enhancement of the aquatic preserve
(3) There shall be no drillin ofwells
excavation for shell or minerals and noereaction 00 r
In either cast. all work performed Shall be subject to "I prevail.
board approval. (1) No further sale. transfer or lease or
applicant or when the board shall determine such
(2) . (b) Such either alteration of physical timcintions
as may be nmxuary to enhance the quality (or utility
16-20.016 Coordination with ()thLr of the preserve.
Governmental &Vencics. Where a Department of (3) 6Theim shall be no drilling or wells,
Environmental Regulation permit is required for excavation for shcll or mincrals. and no crmion or
activities on sovereignty Lands the department will strucLurct; (other than docks), within the prcscrvt@
enordinaic with the Department of Environmental unless such activity as associated with activity
Regulation to obtain a copy or thcjoint Department authorized by Chapter 73@534. Laws or Florida.
or 0Army/6Florida Department or Environmental (4) 6The board shall not approve the rcloc2tions
Regulation permit application and the biological or bulkhead lines within the preserve.
survey. Thc nformation contained in the joint (5) Notwithstanding other, pr(Wisions of this am,
permit application and bialagical assessment shall the board may. respecting land& lying within the
be considered by the department in preparing its Lake Jackson basin:
Starr recommcndations to the board. The Ward may s
also consider the rvpnru or other governmental (a) Enter into agreements for and establish line
delineating sovereignty and privately owned Lands;
agencies that have related management or (b) Enter into agreements for the cxchangc-and
permitting responsibilities regarding the propised exchange sovercignty lands for privately owned
activity., Lands;

144

APPENDIX B

ST. JOHN'S COU N*T Y ORDINANCES

ORDINANCE NO. 73-2

AN ORDINANCE OF THE COUNTY OF ST. JOHNS, STATE OF
FLORIDA, TO HELP PREVENT EROSION ALONG THE ATLANTIC
OCEAN; TO PROTECT CHILDREN; TO REGULATE TRAFFIC AND
TO PROHIBIT MOTOR VEHICLES FROM ENTERING ANY OF THE
BEACHES EXCEPT BY OPEN ROADS, STREETS OR RIGHTS OF
WAY; PROVIDING PENALTIES FOR VIOLATION AND PROVIDING
TIME FOR TAKING EFFECT.

ORDINAN CE NO. 73-9

AN ORDINANCE OF THE COUNTY OF ST. JOHNS, STATE OF
FLORIDA, REGULATING THE CONSTRUCTION AND LOCATION OF
SEWAGE DISPOSAL PLANTS IN THE INCORPORATED AREAS OF
ST. JOHNS COUNTY, FLORIDA, AND PROHIBITING SAID PLANTS
FROM BEING LOCATED IN CERTAIN AREAS AND REQUIRING
APPROVAL OF THE PLANS AND SPECIFICATIONS BY THE BOARD
OF COUNTY COMMISSIONERS, PROVIDING CERTAIN
EXEMPTIONS, PROVIDING PENALTIES FOR VIOLATION AND
PROVIDING TIME FOR TAKING EFFECT.

ORDINANCE NO. 76-18
AN ORDINANCE OF THE UNINCORPORATED AREA OF ST'. JOHNS
COUNTY RELATING TO THE CONTROL AND REGULATION OF THE
ENVIRONMENT; MAKING CERTAIN FINDINGS OF FACT;
INCLUDING A FINDING THAT THE PROVISIONS OF THIS
ORDINANCE PROVIDE FOR REGULATION OF AIR, WATER, SOILS
POLLUTION AND EXCAVATION AND FILL' OPERATIONS;
PROVIDING GENERAL DEFINITIONS; ADOPTING AND
INCORPORATING BY REFERENCE, THE LAWS OF FLORIDA THAT
REGULATE OR CONTROL MINING, EXCAVATION AND FILL
OPERATIONS AND LAWS OF FLORIDA THAT REGULATE OR
CONTROL THE POLLUTION OF AIR, WATER OR -SOILS AND
ADOPTING THE RULES AND REGULATIONS PROMULGATED
UNDER SUCH LAWS; PROVIDING FOR ENFORCEMENT AND
PROVIDING THAT VIOLATORS SHALL BE PUNISHED BY BOTH
CIVIL AND CRIMINAL PENALTIES; REQUIRING PERMITS FOR THE
ALTERATION, CONSTRUCTION AND USE OF ANY INSTRUMENT,

145

BUILDING, OR DEVISE THAT MAY RESULT IN AIR, WATER, OR
SOILS POLLUTION; REQUIRING PERMITS FOR MINING, FILL AND
EXCAVATION OPERATIONS; ESTABLISHING THE PROCEDURE
FOR THE OBTAINING. OF A PERMIT; PROVIDING FOR THE
SUSPENSION OR REVOCATION OF PERMITS; PROVIDING THE
PARTY; PROVIDING ADDITIONAL REMEDIES IN CASE OF
VIOLATION; PROVIDING A SEVERABILITY CLAUSE AND A SAVING
CLAUSE; ADOPTING FLORIDA STATUTES; PROVIDING THE
MANNER IN WHICH THIS ORDINANCE SHALL BECOME
EFFECTIVE.

ORDINANCE NO. 81-71

ORDINANCE OF THE COUNTY OF ST. JOHNS, STATE OF FLORIDA,
AMENDING ORDINANCE 73-9 WHICH IS THE ORDINANCE
REGULATING THE CONSTRUCTION AND LOCATION OF SEWAGE
DISPOSAL PLANTS IN THE UNINCORPORATED AREAS OF ST.
JOHNS_ COUNTY, FLORIDA. THIS AMENDMENT REGULATES
EFFLUENT BEING DISCHARGED IN ANY BODY OF WATER IN ST.
JOHNS COUNTY AND PROVIDES THAT EACH DAY VIOLATION
EXISTS CONSTITUTES ASEPARATE OFFENSE, AND ESTABLISHES
AN EXEMPTION PROCEDURE TO THE ORIGINAL ORDINANCE.

ORDINANCE NO. 86-16

AN ORDINANCE OF THE COUNTY-OF ST. JOHNS, STATE OF
FLORIDAADOPTING ADDITIONAL CONSTRUCTION REGULATIONS
AND STANDARDS FOR CONSTRUCTION WITHIN THE COASTAL
BUILDING ZONE AND COASTAL BARRIER ISLANDS; DESCRIBING
THE LAND AREAS AND THETYPES OF CONSTRUCTION TO
WHICH THIS ORDINANCE SHALL APPLY; REQUIRING THAT
APPLICATIONS FOR BUILDING P,ERMITS FOR CONSTRUCTION-
WITHIN SUCH AREAS BE CERTIFIED BY A FLORIDA REGISTERED
ARCHITECT OR ENGINEER; PROVIDING DEFINITIONS; PROVIDING
COASTAL CONSTRUCTION AND 'DESIGN REQUIREMENTS;
REGULATING RELOCATION OF CONSTRUCTION; REGULATING
REMOVAL OR IMPAIRMENT OF PUBLIC ACCESS RIGHTS;
PROVIDING REFERENCES; PROVIDING FOR SEVERABILITY;
PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE.

146

APPENDIX C

PARTIAL LIST OF THE FAUNA OF THE GUANA RIVER
MARSH AQUATIC PRESERVE

INVERTEBRATES

Barnacles Balanus spp.
Marsh periwinkle* Littorina irrorata
Blue crab Callinectes sapidus
Stone crab Mennige mercenaria
Hermit crab Pagurus spp.
Horseshoe crab Limulus polypemus
Fiddler crabs Uca spp.
Hard clam or quahog Mercenaria spp.
Eastern oyster, Crassotrea virainica
White shrimp Penaeus setiferus.
Brown shrimp Penaeus aztecus
Pink shrimp Penaeus duarorum
Mantis shrimp Squilla empusa
Ghost shrimp Callianassa spp.'
Grass shrimp Palaemonetes spp.
Coquina Donax variabilis
Oyster drills Urosalp]n spp.
Southern acorn worm Pjychodera bahamensis
Razor clams Ensis spp.
Saltmarsh snail Melaml2us coffeus
Scuds Gammarus spp.
Beach fleas Talorchestia spp.
Sea stars Class Asteroidea
Brittle stars Class Ophiuroidea
Sea urchins Class Echinoidea
Sea cucumbers Class Holothuroidea
Cow killer Dasymutilla occidentalis
Long-tailed skipper Urbanus proteus
Giant swallowtail Papilio cresphontes
Golden silk spider Nephila clavipes
Grass spider Agelenopsis spp.
Crablike spiny orb weaver Gasteracantha elipsoides
Centruroides scorpion Centruroides spp.

147

AMPHIBIANS

Southern toad Bufo terrestris
Oak'toad Bufo quercus
Bullfrog Rana catesbeiana
Leopard frog Rana sl2henocephala
Green treefrog Hyla cinera
Barking treefrog Hyla gratiosa
Florida cricket frog Acris dorsalis

REPTILES

Leatherback sea turtle Dermochelys coriacea coriacea
Loggerhead sea turtle Caretta caretta caretta
Green sea'turtle Chelonia mydas mydas
Florida box turtle Terral2ene caroling bauri
Florida mud turtle Kinosternon surbrum
Florida cooter Ch[ysemys floridana
Florida softshell Trionyx ferox
Florida snapping turtle Chelydra serpentina osceola
Gopher tortoise Gogherus l2olyphemus
,Florida red-bellied turtle Ch[ysemys nelsoni
Diamondback terrapin Malaclemy terrapin
Diamondback rattlesnake Cortalus admanteus
Dusky pygmy rattlesnake Sistrurus miliariaus barbouri
Florida cottonmouth Aakistrodon piscivorus
Florida watersnake Nerodia fasciate
Eastern coachwhip Mesticoghis fl6gellum
Scarlet kingsnake Lampropeltis triangulum
Yellow rat snake Elaphe obsoleta
Red rat snake Elaghe auttata
Eastern indigo snake D[ymarchon corais couperi
Southern black racer Coluber constrictor priapus
Rough green snake Opheod[ys aestivus
Eastern garter snake Thamnophis sirtalis.
Eastern ribbon snake Thamnophis sauritus
Eastern coral snake Micrurus fulvius I
Scarlet snake Cemophora coccinea
American alligator Alligato mississipiensis
Green anole Anolis caroliniensis
Five-lined skink Eumeces inexpectatus
Broadhead skink Eumeces laticeps
Six-lined racerunner Cnemidoghorus sexlineatus
Eastern glass lizard Ophisaurus ventralis
Ground skink Scinella lateralis
Greater siren Siren lacertina

148

FIS.HES

Flounders Paralichthys spp.
Redfish Sciaenops ocellatus
Atlantic croaker' Microl26aon undulatus
Sheepshead Archosargus probatocepglus
Spotted seatrout Cynoscion nebulosus
Weakfish Cynoscion regalis
Striped mullet Mucfil cephalus
White mullet Muoil curema
Snook Centropomus undecimalis
Florida gar Lepisosteus osseus
Largemouth bass Micropterus floridanus
Bluegill Lepomis macrochirus
Stumpknocker Lepomis gunctatus
Bowfin Amia calva
Brown bullhead Ictalurus nebulosus
Pinfish Laaodon rhomboides
Redear sunfish Lepomis microlophus
Warmouth Lepomis gulosus
Mosquitofish Gambusia affinis
Mollies Poecilia spp.
Gizzard shad Dorosoma cepedianum
Hickory shad Alosa mediocris
Threadfin shad Dorosoma petenense
Lake chubsucker Erimyzon sucetta
Golden shiner Notemi gonus crvsoleucus
Redbreasted sunfish Lepomis auritus
Jack crevalle Caranx hippos
AmberjaCk Seriola dumerili
Atlantic stingray Dasyatis sabina
Pigfish Orthopristis ch[ysoptera
Black drum Pogonias cromis
Silver perch Bairdiella ch[ysoura
Ladyfish Elops saurus
Spot Leiostomus xanthurus
Menhaden Brevoortia spp.
Anchovy Anchoa spp.
Mojarra Eucinostomus spp.
Needlefish Stronaylura spp.
Hardhead catfish Arius felis
Killifish Fundulus Spp-
Sheepshead minnow Cygrinodon variegatus
American eel Anguilla rostrata
Tarpon Megalops atlantica

149

Bluefish Pomatomus saltatrix
Sandbar shark Carcharhinus plumbeus
Bull shark Carcharhinus leucas
Tiger shark Galedcerdo cuvieri
Hammerhead sharks Sphyrna spp.
Blacktip shark Carcharhinus limbatus
Remora Remora remora
Stargazers Astroscogus spp.
Scaled sardine Harengula gensacolae
Inshore lizardfish Synodus foetens
Toadfish Opsanus tau
Silversides Menidia spp.
Black seabass Centropristis striata
Sandperch Diplectrum formosurn
Groupers Epinel2helus spp.
Cobia Rachycentron canadum
Florida pompano Trachinotus carolinus
Lookdown Selene vomer
Snappers Lut'anus spp.
Grunts Haemulon spp.
Southern kingfish Menticirrhus americanus
Gulf kingfish Menticirrhus littoralis
Atlantic bumper Chloroscombus chNsurus
Atlantic spadefish Chaetodipterus faber
Great barracuda Sphyraena barracuda
Spanish mackerel. Scomberomo.rus maculatus
King mackerel Scomberomorus cavalla
Little tunny Euthynnus alletteratus
Butterfish Peprilus spp.
Searobins Prionotus spp.
Filefish Monacanthus spp.
Triggerfish .8alistes. spp.
Cowfish Lactogh[ys spp..
Puffers Sphoeroides spp.
Gobies Gobiosoma spp.

BIRDS

Common loon Gavia immer
Pie-billed grebe Podilymbus podiceps
Horned grebe Podicegs auritus
Brown pelican Pelecanus occidentalis
White pelican Pelecanus eWhro[ynchos
Double-crested cormorant Phalocrocorax auritus

150

American anhinga Anhinga anhing
Great blue heron Ardea herodias
Little blue heron Earetta, caerulea
Tricolored heron Egretta tricolor
Great egret Casmeroides albus
Snowy egret Earetta thula
Cattle egret Bubulcus ibis
Black-crowned night heron Nycticorax nycticorax
Yellow-crowned night heron Nycticorax violaceous
Green heron Butorides striatus
Least bittern Ixob[ychus exilis
American bittern Botaurus lenticionosus
Wood stork Mycteria americana
Glossy ibis Pledagis falcinellus
White ibis Eudocimus albus
Roseate spoonbill ALa@ia ALaLa
Fulvous whistling-duck Dendrocygna bicolor
Gadwall Anas strepera
Mallard Anas platyrhynchos
American black duck Anas ruprides
Northern pintail Anas acuta
American widgeon Anas americana
Northern shoveler Anas clvoeata
Blue-winged teal. Anas discors,
Mottled duck Anas fulviaula'
Green-winged teal Anas crecca
Wood duck Aix sponsa
Ringneck duck AAhya collaris
Canvasback AZhya valisineria
Redhead AZhya americana
Lesser scaup AZhya affinis
Greater scaup AZhya marila
Bufflehead Bucephala albeola
Ruddy duck OL(yura iamaicensis
Red-breasted merganser Meraus serator
Hooded merganser Lophod)@es cucullatus
Black scoter Melanitta EjM
Brant Branta bernicla
Snow goose Chen caerulecens
Tundra swan Cygnus columbianus
Turkey vulture Cathartes aura
Black vulture Coragyps atratus
Swallow-tailed kite Elanoides forficatus
Sharp-skinned hawk Accipite striatus
Northern harrier Circus gyaneus

151

Red-tailed hawk Buteo jamaicensis
Red-shouldered hawk Buteo lineatus
Bald eagle Haliaeetus leucocephalus
Osprey Pandion haliaetus
American kestrel Falco sgarverius
Merlin Falco columbarius
Peregrine falcon Falco peregrinus
Common bobwhite Colinus virainianus
Wild turkey Meleagris gallopavo
Virginia rail Rallus limicola
Clapper rail -Rallus lonairostris
King rail Rallus ele-aans
Sora Porzana carolina
American coot -Fulica americana
Common moorhen Gallinula chloropus
Purple gallinule Porphyrula martinica.
Amercan oystercatcher Haemotopus palliatus
Black-necked stilt Himantopus mexicanus
Black-bellied plover Pluvialis sguatarola
Semipalmated plover Charadrius semipalmatus
Piping plover Charadrius melodus
Wilson's plover Charadrius wilsonia
Killdeer Charadrius vociferus
American woodcock Philohela minor
Common snipe Gallinago aallinaao
Short-billed dowitcher Limnodromus ariseus
Long-billed dowitcher Limnodromus scologaceus
Red knot Calidris canutus
Marbled godwit Limosa fedoa
Willet Catoptrophorus semipalmatus
Greater yellowlegs Tringa melanoleuca
Lesser yellowlegs. Irincla flavipes
Solitary sandpiper Tringa solitaria
Sanderling Calidris alba
Dunlin Calidris alpina
Least sandpiper Calidris minutilla
Semipalmated sandpiper Calidris pusilla
Western sandpiper Calidris mauri
Spotted sandpiper Actitus macularia
Ruddy turnstone Arenaria interpres
Greater black-backed gull Larus marinus
Lesser black-backed gull Larus fuscus
Herring gull Larus arcientatus
Ring-billed gull Larus delawarensis
Laughing gull Larus atricilla

152

Bonaparte's gull Larus 12hiladelphia
Gull-billed tern Sterna nilotica
Sandwich tern Sterna sandvicensis
Royal tern Sterna maxima
Caspian tern Sterna caspja
Least tern Sterna antillarum
Common tern Sterna hirundo
Forster's tern Sterna forsteri
Black tern Chlidonias niM
Black skimmer Rynchops DjW
Mourning dove Zenaida macroura
Ground dove Columbina passerina
Rock dove Columba livia
Yellow-billed cuckoo Coccyzus americanus
Screech owl Otus asio
Great horned owl Bubo virginianus
Barred owl Strix varia
Common nighthawk Chordeiles minor
Chuck-will's widow Caprimulaus carolinensis
Whip-poor will Caprimulaus vociferus
Chimney swift Chaetura r)elaqica
Ruby-throated hummingbird Archilochus colubris
Belted kingfisher Cervie alcvon
Common flicker Colaptes auratus
Red-bellied woodpecker Melanerpes carolinus
Red-headed woodpecker Melanerpes eWhrocephalus
Pileated woodpecker D!yocopus gileatus
Red-cockaded woodpecker Picoides borealis
Downy woodpecker Picoides pubescens
Hairy woodpecker Picoides villosus
Yellow-bellied sapsucker Sphyrapicus varius
Eastern kingbird jyrannus lyrannus
Western kingbird jyrannus verticalis
Gray kingbird jyrannus dominicensis
Great crested flycatcher Myiarchus crinitus
Eastern phoebe Sayornis phoebe
Eastern pewee Contopus virens
Purple martin Procine subis
Barn swallow Hirundo rustica
Tree - swallow Tachycineta bicolor
Rough-winged swallow Stelaidol2t@ryx serripennis
Blue jay Cyanocifta cristata
Florida scub jay Aphelocoma coerulescens
Fish crow Corvus ossifragus
American crow Corvus brachy[ynchos

153

Tufted titmouse Parus bicolor
Carolina chickadee Parus carolinensis
Brown-headed nuthatch Sitta pusilla
Red-breasted nuthatch Sitta canadensis
House wren Troalod)des aedon
Carolina wren Th!yothorus ludovicianus
Marsh wren Cistothorus palustris
Sedge wren Cistothorus l2latensis
Brown thrasher Toxostoma rufum
Gray catbird Dumetella carolinensis
Northern mockingbird Mimus polyglottos
American r6bin Turdus migratorius
Hermit thrush Catharus auttatus
Veery Catharus fuscescens
Swainson's thrush Catharus ustulatus
Gray-cheeked thrush Catharus minimus
Wood thrush - Flylocichla mustelina
Ruby-crowned kinglet Regulus calendula
Blue-gray gnatcatcher Polioptila caerulea
Water pipit Anthus spinolett
Cedar waxwing Bomb@cilla cedrorum
Loggerhead shrike Lanius ludovicianus
European starling Sturnus vu!gq@g
Red-eyed vireo Vireo olivaceus
Yellow-throated vireo Vireo flavifrons
Whie-eyed vireo Vireo ariseus
Solitary vireo Vireo solitarius
-Northern parula farula americana
Yellow-thrOated warbler Dendroica dominica
Black-throated green warbler Dendroica virens
Blackpoll Dendroica striata
Black-throated blue warbler Dendroica caerulescens
Magnolia warbler Dendroica maanolia
Yellow-rumped warbler Dendroica coronata
Cape May warbler Dendroica tiarina
Blackburnian warbler Dendroica fusca
Pine warbler Dendroica pinus
Prairie warbler Dendroica discolor
Palm warbler. Dendroica palmarum
Yellow warbler Dendroica petechia
Chestnut-sided warbler Dendroica pensylvanica
Bay-breasted warbler -Dendroica castanea
Prothonotary warbler *Protonotaria citrea
Black-and-white warbler Mniotilta varia
American redstart Stenoghaga ruticilla

154

Worm-eating 'warbler Helmitheros vermivorus
Orange-crowned warbler Vermivora celata
Tennessee warbler Vermivora peregrina
Nashville warbler Vermivora ruficapilla
Hooded warbler Wilsonia citrina
Common yellowthroat Geothlypis trichas
Northern waterthrush Seiurus noveboracensis
Louisiana waterthrush Seiurus motacilla
Ovenbird Seiurus aurocapillus
House sparrow Passer domesticus
Eastern meadowlark Sturnella magna
Northern.oriole Icterus galbula
Red-winged blackbird Agelaius phoeniceus
Brown-headed cowbird Molothrus ater
Common grackle Quiscalas quiscula
Boat-tailed grackle Quiscalas m?jor
Bobolink Dolichony oryzivorus
Summer tanager Pirancia rdbra
Scarlet tanager Piranga olivacea
Dark-eyed junco Junco hyemalis
Northern cardinal Cardinalis cardinalis
American goldfinch Carduelis tristis
Indigo bunting Passerina cyanea
Painted bunting Passerina ciris
Rose-breasted grosbeak Phoucticus ludovicianus
Rufous-sided towhee EWLilo eWhrophthalmus
White-crowned sparrow Zonotrichia. leudoph[ys
White-throated sparrow Zonotrichia albicollis
Field sparrow Sgizella.pusilla
Chipping sparrow Spizella passerina
Swamp sparrow Melospiza georgiana
Song sparrow Melospiza melodia
Vesper sparrow Pooecetes aramineus
Savannah sparrow Passerculus sanwichensis
Sharp-tailed sparrow Ammodramus caudacutus
Seaside sparrow Ammodramus marilimus
Grasshopper sparrow Ammodramus savannarum
Fox sparrow Passerella iliaca
Purple finch Carpodacus purpureus

155

MAMMALS

Short-tail shrew Blarina brevicauda
Eastern mole Scalol2us aquaticus
Racoon Progyon lotor
Opossum Didell2his virginiana
Eastern cottontail Sylvilagus floridanus
Marsh rabbit Sylvilagus galustris
Striped skunk Meghitis meghitis
Nine-banded armadillo Dasypus novemcinctus
Gray fox Urocyon cinereoargenteus
'River otter Lutra canadensis
Southern flying squirrel Glaucomys volans
Feral hog Sus scrofa
Gray squirrel Sciurus carolinensis
Cotton rat Siamodon hispidus
Cotton mouse Peromyscus gossypinus
Southeastern pocket gopher Geomys pinetis
White-tailed deer Odocoileus virainianus
Bobcat _Lynx rufus
Seminole bat Nycteris seminolis
Red bat Lasiurus borealis
Rafinesque'� big-eared bat -Plecotis rafinesguii
Eastern spotted skunk Spilociale putorius
Eastern woodrat -Neotoma floridana
Florida black bear -Ursus americanus floridanus
Round-tailed muskrat -Neofiber alleni
Florida mink Mustela vison lutensis
Atlantic bottlenose dolphin Tursiogs truncatus
Right whale (migratory) Balaena alacialis
Humpback whale (migratory) Megaptera novaeangliae
Pygmy sperm whale (migratory) Kogia breviceps
Manatee Trichechus manatus latirostris

(DNR, 1985) (DNR, 1989) (FGFWFC, 1990)

156

APPENDIX D

PARTIAL LIST OF THE FLORA OF THE GUANA RIVER
MARSH AQUATIC PRESERVE

Pond pine Pinus serotina
Sand pine Pinus clausa
Longleaf pine Pinus palustris
Slash pine Pinus elliottii
Sand live oak Quercus oeminata
Myrtle oak Quercus myrtifolia
Chapman's oak Quercus chapmanii
Water oak Quercus nicira
Laurel oak Quercus laurifolia
Live oak Quercus virginian
Southern red cedar Junigerus silicicola
Cabbage palm Sabal galmetto
Pignut hickory Ca[ya qlabra
Southern magnolia Magnolia garndiflora
Swamp bay Persea palustris
Loblolly bay Gordonia lasianthus
Redbay Persea borbonia
Black cherry Prunus serotina
Carolina willow Salix caroliniana
Wax myrtle Myrica cerifera
Common persimmon Diosgyros virginiana
Buttonbush Cephalanthus occidentalis
Pond cypress Taxodium ascendens
Red maple Acer rubrum
Swamp black gum Nyssa sylvatica var. biflora
Sweetgum Liquidambar styraciflua
Black mangrove Avicennia, aerminans
Groundsel tree Baccharis halimifolia
Bamboo Bambusa sp.
Swamp dogwood Cornus stricta
Bottlerush three-awn Aristida sr)iciformis
Winged sumac Rhus copallina
Saw palmetto Serenoa repens
Indian pipe Monotropa uniflora
Staggerbush Lyonia ferruginea
Poor joe Diodia teres
Cinnamon fern Osmunda cinnamomea

157

Bracken fern Pteridium aquilinum
Paspalurn Paspalum spp.
Bluestern Andropogon spp.
Greenbrier Smilax spp.
Fly-poison Amianthium muscaetoxicum
Yellow-star grass Hypoxis 'uncea
Pointed blue-eyed grass Sisyrinchium anaustifolium
Ladie's tresses Sl2iranthes spp-
Poorman's pepper Legidium virginicum
Blackberry Rubus spp.
Sensitive briar Schrankia microphylla
Wild sensitive plant Cassia nictitans
Hop clover Trifolium dubium
Partridge pea Cassia chamaecrista
Beggar's lice Desmodium spp.
Milk pea Gallactia elliottii
Spurred butterfly pea Centrosema virciinianum
Wood sorrell Oxalis florida
Yellow milkwort Polygala lutea
Orange milkwort Polygala nana
Yaupon Ilex vomitoria
Gallberry Ilex qlabra
St. Andrew's cross Hypericum hypericoides
St. Peter's wort Hypericum stans
Naked St. John's-wort Hypericum nudiflorum
St. John's-wort Hypericum spp.
Meadow beauty Rhexia mariana
Tarflower ..Befaria racemosa
Fetterbush Lyonia lucida
Huckleberry Gaylus6acia spp.
Blueberry Vaccinium spp.
Common deerberry, Vaccinium stamineum
Shiny blueberry Vaccinium myrsinites
Sparkleberry Vaccinium arboreum
Yellow jessamine Gelsimium sempervirens
Dodder Cuscuta spp.
American beauty berry Callicarpa americana
Tyre-leaved sage Salvia lyrata
Horse nettle Solanum carolinense
Toadflax Linaria canadensis
Southern plantain -Plantacio virginica
Thistle Carduus spp.
Deer's-tongue Trilisa odoratissima

158

Thoroughwort Eugatorium spp.
Rabbit tobacco Gnaghalium obtusifolium
Pineland aster Aster walteri
Resurrection fern Polypodium polypodioides
Switch cane Arundinaria tecta
Uniola Uniola spp.
Needle grass Stioa avenacea
Panic grass Panicum dichotomiflorum
Nutrush Scleria spp.
Spanish moss Tillandsia- usneoides
Sanish bayonet Yucca spp.
Orchid Ochidaceae
Spiny coral-root Corallorhiza wisteriana
Red mulberry Morus rubra
Mistletoe Phoradendron serotinum
Hog plum Prunus umbellata
Plum Prunus spp.
Indian firecracker Erythrina herbacea
Violet wood sorrel Oxalis co[ymbosa
Tread softly Cnidoscolus stimulosus
American holly Ilex opaca
Large gallberry llex coriacea
Virginia creeper Parthenocissus quinque olia
Prickly sow thistle Sonchus aW-e-r
Black nightshade Solanum pseudogracile
Common ragweed Ambrosia artemisifolia
Swe6t'goldenrod Sol@@ odora
Prickly ash Xanthoxylum clava-herculis
Coastal. white snakeroot Eupatorium aromaticum
Camphorweed Heterotheca subaxillaris
Wild bean Strophos!yles helvola
Seaside panicum Panicum amarum var. amarulum
Seaside spurge Chamaegyse bombensis
Winterberry Ilex ambiaua
Russian thistle Salsola kali
Sida Sida rhombifolia
Croton Croton arand6losus
Sandbur Cenchrus spp.
Indigo bush Amotpha fruticosa
Sea beach atriplex Atriplex arenaria
Wild olive Osmanthus americanus
Florida privet Foriestiera segreaata
Southern buckthorn Bumelia tenax
Papaw Asimina oarviflora
Pin-weed Lechea racemulosa

159

Gopher apple Licania michauxii
Pokeweed PhAolacca rigida
Coralbean E!)qhrina herbacea
Bladderpod Sesbania vesicaria
Dune evening primrose Oenothera humifusa'
Seaside -pennywort Hydroco!yle bonariensis
Frog fruits Pbylla nodiflora
Railroad-vine lpomoea pes-caprae
Beach morning-glory Ipomoea stolonifera
Standing cypress lpomopsis rubra
Lantana Lantan camara
Seashore elder Iva imbricata
Silverleaf croton,Beach tea Croton punctatus
Bull nettle Cnidoscolus stimulosus
Passion flower Passiflora incarnata
Butterfly pea Clitoria mariana
Dayflower Commelina erecta
Horse mint Monarda punctata
Climbing hempweed Mikania scandens
Muscadine Vitis rotundifolia
Wild grape -Vitis spp.
Pepper vine Ampelopsis arborea
Prickly-pear cactus .0puntia spp.
Devil's walkingstick Aralia spings
Trumpet creeper Campsis radicans
Cross vine Bignonia capreolata
Hairy ruellia Ruellia caroliniensis
Narrow-leaved cattail Typha angustifolia
Broad-leaved cattail Iypha latifolia
Tropical cattail Iypha domingensis
Arrowhead Sagittaria spp.
Smooth cordgrass Spartina alterniflora
Marshhay cordgrass Spartina patens
Sand cordgrass Spartina bakeri
Widgeon-grass Ruppia maritima
Arrowgrass Trialochin stiata
Salt marsh bulrush Scirpus robustus
Black needlerush Juncus roemerianus
Glasswort Salicornia spp.
Aster Asterspp.
Sea blite Sueda linearis
Sea oxeye Borrichia frutescens
Salt marsh fleabane Pluchea purpuracens
Muhly grass Muhlenbergia capillaris
Sea purslane Sesuvium maritinum

160

Saltwort Batis maritima
Sealavender Limonium carolinianum
Wedgescale Sphenopholis obtusata
Giant foxtail Setaria maana
Foxtail Setaria spp.
Wild millet Echinochloa w'alteri
American cupscale Sacciolepis striata
Cutgrass Laessia hexandra
Nutgrass Cygerus spp.
Umbrella sedge Cyperus filicinus
Flatsedge Cyperus strigosus
Spikerush Eleocharis spp.
Bald rush Psiloca[ya nitens
Woolgrass bulrush Scirpus gyperinus
Soft-stem bulrush Scirpus validus
Bulrush Scirpus spp.
Beakrush Rynchospora spp.
Sawgrass Cladium Oamaicense
Sedge Carex spp.
Yellow-eyed grass &-ris spp.
Bogbuttons lachnocaulon spp.
Spiderwort Tradescantia spp.
Pickerelweed Pontederia cordata
Rush Juncus dichtomus
Softrush Juncus effusus
Rush Juncus spp.
Redroot Lachnanthes caroliniana
Blue flag iri's virainica
Lizard's-tail Saururus-cernuus
Hestate-leaved dock Rumex hastatulus
Dock Rumex spp.
Smartweed Polygonum spp.
Pigweed Amaranthus spp.
White waterlily Nymphea odorata
Pink sundew Drosera capillaris
Polygala Polygala cymosa
Hibiscus Hibiscus spp.
Bedstraw St. John's-wort Hypericum galioides
Water primrose Ludwiaia octovalis
Long-leaf violet Viola lanceolata
Pennywort * Hydroco!yle spp.
Mock bishop's-weed Ptilimnium capillaceum
Mermaid-weed Proserpinaca pectinata
Germander Teucrinum canadense
Marsh pink Sabatia bartramii

161

Rough skullcap Scutelleria integrifolia
Skullcap Scutelleria spp.
Blue water hyssop Bacopa caroliniana
Water hyssop Bacol2a monnieri
Hedge hyssop Gratiola ramosa
Violet butterwort Pinaguicula vulgaris
Lobelia Lobelia nuttallii
Marsh-fleabane Pluchea rosea
Begger-ticks Bidens alba
Blanket-flower Gaillardia pulchella
Muskgrass Chara spp.
Mosquito fern Azolla caroliniana
Water fern Salvinia rotundifolia
Sago pondweed Potamocieton Pectinatus
Pondweeds Potamogeton spp.
Southern naiad Bas _quadalupenis
L
Marine naiad Na6as marina
Naiads Naias spp.
Duckweed Spirodela golyrhiza
Duckweed Lemna spp.
Bog-mat Wolffiella floridana
Big moss Mayaca fluviatilis
Coontail Ceratophyllum spp.
Floating bladderwort _-Utricularia inflata
Bladderwort Utricularia spp.

(DNR, 1985)
(DNR, 1989)
(FGFWFC, 1990)

162

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