Lake Weir Aquatic Preserve management plan (draft)

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

LAKE WEIR

AQUATIC PRESERVE MANAGEMENT PLAN

Ql-l 1991
90.75
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1991 DEPARTMENT OF NATURAL RESOURCES

LAKE WEIR

AQUATIC PRESERVE MANAGEMENT PLAN

(DRAFIr)

September 1991

Tom Gardner

Executive Director

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.

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This document was prinLed on recycled paper.

TABLE OF CONTENTS

CHAPTERI INTRODUCTION 1

CHAPTER 11 MANAGEMENT AUTHORITY
A. Statutory Authority 7
B. Administrative Rules Governing Aquatic
Preserves 9
C. Relationship to Other Applicable Plans & Programs 11

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location, Boundary, and General Uplands
Description 13
B. Physiography 13
C. Geology 14
D. Water Quality 15
E. Hydrology 15
F. Archeological and Historical Resources 16
G. Vegetative Communities 18
1. Emergent Vegetation 18
2. Submergent Vegetation 18
3. Exotic Vegetation 25
4. Algae 25
H. Fisheries Resources 28
1. Vertebrate Wildlife Resources 30
1. Birds 31
2. Mammals, Reptiles and Amphibians 32
3. Designated Species--Rare, Endangered
or Threatened 33
J. Regional Land Use, Development and
Associated Impacts 36
1. Adjacent Upland Uses 36
2. Uses of the Preserve 40
3. Planned Use 41
4. Associated Impacts 41

CHAPTER IV MANAGEMENT AREAS
A. Introduction 43
B. Management Area Classifications 44
C. Minimum Criteria for Allowable Uses 48
D. Management Areas 53

CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS 59

CHAPTER VI MANAGEMENT ACTION PLAN
A. Resource Management 63
B. Resource Protection 67
C. Research 69
D. Environmental Education 70

CHAPTER Vill MANAGEMENT COORDINATION NETWORK
A. Federal Agencies 73
B. State Agencies 74
C. Regional Agencies 77
D. Local Governments 78
E. Private and Non-Regulatory Interests 80

CHAPTER Vill STAFFING AND FISCAL NEEDS 85

CHAPTERIX RESOURCE AND ACTIVITY MONITORING PROGRAM
A. Resource Monitoring 89
B. Progress Monitoring 89

BIBLIOGRAPHY 91

LIST OF FIGURES AND TABLES

Figure I Florida Aquatic Preserve System 3

Figure 2 Lake Weir Aquatic Preserve Boundary Map 5

Figure 3 Freshwater Aquatic Vegetation Key 19

Figure 4 Vegetation Pro-file 21

Figure 5 Vegetative Communities 23

Figure 6 Land Use Map 45

Figure 7 Management Areas 57

Table 1 Aquatic Vegetation Species List 26

Table 2 Fish Species List 29

Table 3 Designated Flora Species List 34

Table 4 Designated Fuana Species List 35

Table 5 Management Coordination Network 81 &83

Table 6 Current and Anticipated Budget 87

LIST OF APPENDICES

Appendix A. Relevant Legislation 93

Appendix B. Vegetative Illustrations 103

Copies of the legal description of the Lake Weir 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 Submerged Lands and Preserves
Department of Natural Resources
3900 Commonwealth Blvd.
Mail Station 125
Tallahassee, FL 32399-3000

CHAPTER1

INTRODUCTION

Lake Weir, designated by the Florida Legislature to become an aquatic preserve on
July 1, 1988, is one of forty-two aquatic preserves located in various counties
throughout the state (Figure 1). Aquatic preserves are designated for the general
purpose of maintaining those areas of exceptional state submerged lands in their
11natural or existing condition." With an aggregate total of 6,005 acres of submerged
land and approximately 38 miles of shoreline, Lake Weir and Little Lake Weir
combine to constitute the largest freshwater aquatic resource in Marion County
(Figure 2). As the human population of Marion and the surrounding counties is
expected to increase, so to is the anticipated amount of pressure upon its natural
resources. This plan has been developed to assist in the public decision making
process, which will ultimately determine how the impacts of increased population
growth will affect these resources.

Historically, Lake Weir has been noted for its fishing. The lake's gamefish stocks
have included populations of largemouth bass, bluegill, redear sunfish and black
crappie. Coupled with the aesthetically pleasing surroundings and comfortable year
round climate, the area's natural resources combined to stimulate the growth of a
productive component of the areas economy.

Over the past several decades however, shoreline and sub-basin development have
intensified. These factors, have combined with decreased water levels and a
growing contingent of user groups, to alter the water quality and natural resource
diversity of this lake system. As this scenario evolves in complexity, the need for
innovative reiource oriented planning and decision making will be required to
ensure that long term resource protection goals are met.

This management plan has been developed, in part, to assist in the exploration of
possible strategies and alternatives to managing this preserve's resources. It can
also act as a tool which can be referenced by those concerned individuals or
groups, in either the public or private sector, who choose to make informed
decisions as to what they can do to help maintain the integrity of this preserve.

In addition, the plan addresses various facets of resource related policy
development and management issue needs. It identifies problems associated with
current resource uses, management issues relating to adjacent upland uses, and
present and future uses of the preserve. This effort, to collect, review and
comment on those factors, which have historically and are currently influencing the
life cycle of this aquatic resource, should help ensure that the quality of the existing
resources remain for future generations to enjoy.

Currently, the rules which govern the use of sovereign submerged lands within
aquatic preserves are found in Chapter 18-20, F.A.C. Pending its adoption by the
Governor and Cabinet (sitting as the Board of Trustees of the Internal Improvement
Trust Fund), this plan will carry the same authority as that currently founded in rule
criteria.

Specifically, this plan is divided into chapters according to their management
application:

Chapter 11 cites the statutory authority upon which this resource management
program and plan are founded.

Chapter III provides a description of the Lake Weir Aquatic Preserve and details
the physical and biological resources within the preserve. Additional information
includes the current and future uses of this preserve and use of the adjacent
uplands.

Chapter IV delineates various management areas 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 V addresses the specific needs and resource issues of Lake Weir and
develops management initiatives addressing each need and/or issue.

Chapter VI outlines site specific goals, objectives and tasks required to meet the
management needs of the preserve for resource management, resource protection,
resparch and environmental education.

Chapter VII identifies federal, state, regional and local agencies, their authorities
and programs and how they relate and assist in protection and management of this
preserve. It also identifies non-regulatory organizations and interest groups which
can assist in management.

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

This plan was written by staff of the Department of Natural Resources, Division of
State Lands, Bureau of Submerged Lands and Preserves.

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AQUATIC PRESERVES ARE ESTABLISHED
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THE GOVERNOR AND CA13INET SITTING
AS TRUSTEES OF THE INTERNAL
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AGUATIC PRESERVES CONTACT:

DISPARTMENT OF NATURAL RESOURCES

DIVISION OF STATE LANDS

BUREAU OF AOUATIC PRESERVES

3900 COMMONWEALTH BLVD Q 1@
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FIGURE 1. FLORIDA AOUATIC PRESERVE SYSTEM

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CHAPTER 11

MANAGEMENT AUTHORITY

A. STATUTORY AUTHORITY

The fundamental laws providing management authority for the Lake Weir Aquatic
Preserve are contained in Chapters 258 and 253, Florida Statutes (F.S.). These
statutes establish the proprietary role of the Governor and Cabinet, sifting 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 258.351-258.46, 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 benef it of f uture 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 onli or state-owned submerged lands and
y sovereign
lands leased by the state and specifically authorized for inclusion as part of a
preserve.

Management responsibilities for aquatic preserves may be fulfilled directly by the
Board of Trustees or by staff of the Division of State Lands of the Department of
Natural Resources through delegation of authority. Other governmental bodies may
also participate in the management of aquatic preserves under appropriate
instruments of authority issued by the Board of Trustees. The Division staff serve
as the primary managers who implement provisions of the management plans and
rules applicable to the aquatic preserves. Staff evaluate proposed uses or activities
in the preserve, and assess the possible impacts on the natural resources. Project
reviews are primarily evaluated in accordance with the criteria in Sections 258.35-
46, F.S. (Florida Aquatic Preserves Act), Chapter 18-20, Florida Administrative Code
(Rules of Florida Aquatic Preserves), and in accordance with the policies set forth
in this plan.

Staff comments on proposed uses are submitted for consideration in developing
recommendations to be presented to the Board of Trustees. This mechanism
provides a basis for the Board of Trustees to evaluate public interest and the merits
of any project while also considering potential environmental impacts upon the
aquatic preserves. Any activity located on 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 Floridas 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 1968, 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 Lake Weir, which was designated July 1, 1988.

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
authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent of this
rule is contained in Section 18-20.001, F.A.C., which states:

"(1) All sovereignty lands within a preserve shall be managed primarily for
the maintenance of essentially natural conditions, the propagation of
fish and wildlife, and public recreation including hunting and fishing
where deemed appropriate by the board and the managing agency.

(2) The aquatic preserves which are described in Chapter 73-534, Laws
of Florida, Sections 258.39, 258.391, 258-392, and 258.393, Florida
Statutes, future aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002, Florida
Administrative Code, were established for the purpose of being
preserved in essentially natural or existing condition so that their
aesthetic, biological and scientific values may endure for the
enjoyment of future generations.

(3) The preserves shall be administered and managed in accordance
with the following goals:

(a) to preserve, protect, and enhance these exceptional areas of
sovereignty, submerged lands by reasonable regulation of
human activity within the preserves through the development
and implementation of a comprehensive management
program;

(b) to protect and enhance the waters of the preserves so that the
public may continue to enjoy the traditional recreational uses
of those waters such as swimming, boating, and fishing;

(c) to coordinate with federal, state, and local agencies to aid in
carrying Out the intent of the Legislature in creating the
preserves;

(d) to use applicable federal, state, and local management
programs, which are compatible with the intent and provisions
of the act and these rules, and to assist in managing the
preserves;

(e) to encourage the protection, enhancement, or restoration of
the biological, aesthetic, or scientific values of the preserves,
including but not limited to the modification of existing man-
made conditions towards their natural condition, and
discourage activities which would degrade the aesthetic,
biological, or scientific values, or the quality, or utility of a
preserve, when reviewing applications, or when developing
and implementing management plans for the preserves;

(f) to preserve, promote, and utilize indigenous life forms and
habitats, including but not limited to: sponges, soft coral, hard
corals, submerged grasses, mangroves, saltwater marshes,
freshwater marshes, mud flats, estuarine, aquatic and marine
reptiles, game and non-game fish species, estuarine, aquatic,
and marine inv 'ertebrates, 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
amen@ed 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, aquatic grass beds,
archaeological and historical resources, and endangered species. These policies
provide some of the fundamental direction for formulating management plans and
policies of the Aquatic Preserves Program.

The Local Government Comprehensive Plan (LGCP) for Marion County is required
by the Local Government Comprehensive Planning and Land Development
Regulation Act to have a comprehensive management plan with elements relating
to different governmental functions (e.g., housing, physical facilities, conservation,
land use, etc.) The plan, in effect, is intended to guide the future development of
Marion 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.

Bureau of Submerged Lands and Preserves staff will review Marion County's
Comprehensive Plan to determine if the pertinent planning criteria and objectives
are consistent with the objectives of aquatic preserve management. Each aquatic
preserve management plan provides management guidance for those state
managed preserve lands which are beyond the jurisdiction of the County's Local
Government Comprehensive Plan. Consequently, if coordinated properly, the
management plan for an aquatic preserve can serve as a waterward extension of
County's LGCP. Marion, County's LGCP should be implemented by 1991.

Refer to Chapter VIIII for other applicable management authorities.

CHAPTER III

DESCRIPTION OF LAKE WEIR AQUATIC PRESERVE

A. LOCATION, BOUNDARY AND GENERAL UPLANDS DESCRIPTION

The Lake Weir Aquatic Preserve is situated in the southeastern corner of Marion
County, approximately 16 miles southeast of the City of Ocala. The preserve
consists of those state-owned submerged lands lying below the ordinary high water
line, excluding all privately held uplands. Although categorized as the Lake Weir
Preserve, this preserve is actually a lake system composed of three basins; Lake
Weir, Little Lake Weir and Sunset Harbor (Crissman et al., 1988).

A variety of land uses, infrastructure and ownership patterns are found throughout
the uplands surrounding the preserve. The northern and western uplands
surrounding the main lake (specifically the Town of Oklawaha and the Sunset
Harbor Community) are densely populated. The uplands surrounding Little Lake
Weir have sustained development on the north and south however, the eastern and
western uplands currently exhibit little or no residential development.

The maintransportation routes appurtenant to the preserve include U.S. Alt. 27/441
(the principal arterial lying due west) and C.R. 25, a collector road which
circumvents Lake Weir along its' northern and eastern shorelines, intersecting with
collector road C.R. 42 at the southeastern corner of the main lake (Weirsdale). At
this point C.R. 42 proceeds east to Altoona and west to intersect with U.S. 27/441
(Sunset Harbor Road parallels C.R. 42 west). In the Sunset Harbor Area, C.R. 42
links with Sunset Harbor Road (via S.E. 104 Terrace) and S.E. 100 Ave. to complete
the north to south transportation leg on the western side of the preserve and
complete the transportation network around the lake system.

Interwoven among these major transportation routes is a network of minor feeder
roads (both improved and unimproved) which serve to access those properties
immediately adjacent to and upland of Lake Weir, Little Lake Weir and Sunset
Harbor.

B. PHYSIOGRAPHY

Lake Weir, lies at an elevation of 57.85 ft. above mean sea level with depths varying
from six up to eight meters (Crissman et al., 1988). The lake receives its' inflow
and nutrients from three sources; ground water seepage, precipitation and surface
water runoff (Messer, 1975). Although considered to be a closed basin system,
there is one outflow containing a weir structure located along the northern shoreline

of the main lake, which allows for periodic outflow to the Oklawaha River (Crissman
et al., 1988).

Lake Weir is situated in the physiographic division of Florida known as the Central
Highlands. This region is characterized by large numbers of ponds and lakes in
the southern half, and numerous lakes, ponds, surface and subterranean streams,
in the north (Berner, 1950). The general topography of the uplands surrounding
the preserve is representative of this regional character in that there are nearly level
to small sloping sandhills, with numerous smaller ponds and lakes, in the vicinity
(Messer, 1975).

In their study to assess the cultural eutrophication of Lake Weir, Crissman et al.
(1 988)_ calculated the drainage area of the Lake Weir basin. Using the topographic
,highs surrounding the lake basin as a methodological boundary, and including all
wetland acreage within this designated area, they determined the watershed area
to be 17.4 sq. miles.

C. GEOLOGY

The Karst topography of central Florida contains many lakes formed by the
dissolution, by water, of the underlying limestone bedrock. Lake basins formed by
this process may have resulted from the downward percolation of water through
the soil into fractures or weak points in the underlying bedrock, ultimately dissolving
the limestone until a doline develops. Obversely, this process may involve the
movement of subterranean water sources, such that when this water continuously
moves through a subsurface aquifer it weakens the roof of the chamber to the point
of collapse, leaving a basin of fairly regular shape on the surface (Reid and Wood,
1976). Lakes formed by this process have been categorized as "solution-lakes"
and Messer (1975) has concluded that the Lake Weir basin system was formed by
this process.

As to the present day hydrogeology of the Lake Weir area, two distinct aquifers
have been identified. The upper or shallow aquifer is composed of permeable sand
in the upper level and clay like sand interspersed with clay lenses, at greater
depths. This aquifer is underlain by low permeability soils and clays of the
Hawthorne Formation (Messer, 1975).

The second deep aquifer present underneath the upper shallow aquifer, is the
Floridan Aquifer. Underlying all of Marion County, this aquifer is composed largely
of limestones and dolostones. It has an area of approximately 82,000 square miles
and underlies Coastal Plain areas including the entire state of Florida, parts of
South Carolina, Georgia and Alabama (Fernald and Patton eds., 1984) (Messer,
1975).

0. WATER QUALITY

Water quality sampling has been performed on Lake Weir by various agencies over
the past thirty-five years. The resultant observations have provided data for a
number of research projects which have analyzed various facets of the preserves
water quality.

Messer (1975) studied the nutrient budget (loading and cycling) and trophic level
of the lake stating, " The levels of chlorophyll A and the primary productivity of the
lake are representative of mesotrophy, i.e., the lake is productive but not so much
as to create problems with water use." Researchers with the St. Johns River Water
Management District (1991) have studied the water quality of the lake and
-documented nutrient loading sources, and the general good water quality of the
main lake body. The Florida Game and Freshwater Fish Commission (1989)
concluded that "Lake Weir is in the mesotrophic range based on water quality
criteria" and that, "Water quality parameters varied little from year to year during the
study, although seasonal trends in nutrient cycling were apparent". They also
documented the algal bloom phenomenom.

Finally, Crissman et al. (1991) in the Final Report for Phases 1, 11 and III of the Lake
Weir Eutrophication Study state, "Although conventional chemical indicators of
trophic.state do not indicate an acceleration of cultural eutrophication since the mid
1970's, biological parameters, especially those of the microbial loop, suggest that
while the trophic state changes may be subtle, they are nevertheless occurring".

E. HYDROLOGY

Although underlain by the Floridan Aquifer, the primary source of freshwater in the
central Florida area is rainfall (Fernald and Patton eds., 1984). Precipitation (in the
form of rainfall directly on the lake surface), artesian groundwater and surface water
entering the lake are the inflow components of Lake Weirs' hydrologic budget.
Evaporation, outflow through effluents and groundwater recharge (into the
groundwater system from the lake bottom) are the elements of outflow, which affect
the quantity of water stored in the lake basin (Messer, 1975).

Water levels in the Lake Weir Preserve have fluctuated over the years from being
as low as 54 feet MSL in 1957, to as high as 59 feet in 1961. As of 1983 these
levels were again dropping and cOrrently the lake level is at one of the lowest
stages ever recorded (Crissman et al., 1988). Fluctuation in the lake stages of Lake
Weir are due to the variability of rainfall, whether in quantity or quality. "The
alternate conditions of surplus and deficiency in the water supply of Marion County
results from the imbalance between the rate and chronological distribution of input
(rainfall and inflow) and output (infiltration, runoff and evapotranspiration) (Anderson
and Faulkner, 1988).

Even as rainfall is the primary climatic factor influencing lake levels, modifications
to the watershed, in the form of changes to the existing natural land uses, may
have altered the natural surface and groundwater runoff patterns of the watershed.
Other modifications including activities on the immediate shoreline (e.g., canal
dredging, the placement of fill for causeways, roadbeds and the stabilization of
upland property) may have altered the natural nearshore hydrologic regime.

F. ARCHEOLOGICAL AND HISTORICAL RESOURCES

1. Archeological Resources

In 1987, the Archeological Survey of Marion Counly (a survey designed to identify
historic structures and potential sites of archeological importance) was undertaken
to augment the existing data base of these resources within the county. According
to this d'ocument, little professional archeological research has been completed in
the preserve area.

The following excerpts from the survey summarize 1) the archeological work
previously accomplished around Lake Weir, and 2) those recently identified
archeological resource sites, which could prove significant in a prehistorical analysis
of the preserve:

"Another previously uninvestigated area believed to have a high potential for
prehistoric site location is in the Lake Weir vicinity. With the exception of an
excavation of a Weeden Island village complex on Bird (Timucua) Island in the
southwest portion of Lake Weir, no professional archaeological fieldwork has-been
carried out in the entire Lake Weir and adjacent Lady Lake quadrangle areas", and:

"in summary, eight new prehistoric sites were located on the basis of surface
inspection only. Several instances of isolated cultural materials were also observed.
The sites discovered, which fall into both the lithic scatter (6) and artifact scatter (2)
type categories, were all small. It is probable that subsurface testing would serve
to provide additional data for each. All the sites were directly associated with water,
including sink-holes, ponds, lakes and prairies. No riverine areas were investigated.
In the absence of water, only single artifact occurrences were noted. These
findings were completely consistent with our expectations. Although not all types
of environments were systematically sampled, it is believed that the general validity
and usefulness of the predictive model have been demonstrated. Above all else,
WATER appears to be the key to aboriginal site location". (Archeological
Consultants, Inc., 1987).

2. Historical Resources

In conjunction with the Florida Department of State, the Marion County Historical
Commission and Planning Department received a grant to complete a variety of
preservation projects relating to the county's historic preservation program. One
of the main components of this work included the completion of National Register
nominations for various properties surveyed in the county. Of these properties,
eight from the preserve area were nominated primarily due to their association with
the citrus industry, a topic which is under-represented in the National Register
listing for Florida (Historic Property Associates, Inc., 1990).

The sites which have qualified for the Multiple Property National Register
nomination, currently under review in Tallahassee include:

1) Belle Air or "Ma" Barker House

2) James Riley Josselyn House

3) General Robert Bullock House

4) Thomas S. Snook House

5) Alfred Ayer House

6) T.R. Ayers House

7) Lake Weir Yacht Club

8) Vanna P. Kelsey House

Source: Marion County Historic Preservation Project. Final Report. 1990.

The above referenced list represents only a small number of those resources
located in the vicinity of the preserve, which might be considered historically
significant. Although a great number of these resources are not currently protected
by any type of special local land-use regulation, the Marion County Board of
County Commissioners have recommended that the currently proposed Historic
Preservation Ordinance (Draft) be adopted (as recommended in the Comprehensive
Plan) to protect designated archeological or historic resources within the county
(Historic Property Associates, Inc., 1990.).

G. VEGETATIVE COMMUNITIES

A brief overview of the vegetative communities of the preserve is provided in the
following text (individual illustrations of some of the various species can be found
in Appendix B). A general freshwater aquatic vegetation key (Figure 3) and
vegetation profile (Figure 4) are also provided.

For purposes of discussion, the vegetative types have been divided into the
following four categories including: emergent, submergent, exotic and algae.
Vegetative communities on Lake Weir are illustrated in Figure 5.

1. Emergent Vegetation

Major concentrations of native emergents, surveyed by the Florida Game and
Freshwater Fish Commission (FGFWFC) for the period 1984-1989, include
maidencane (Pancium sp.) and spikerush (Eleochirusg@atga). Both species
proliferate on Lake Weir along the eastern, northern and southern shorelines, and
smaller concentrations along the shoreline in and around Sunset Harbor.
Concentrations of maidencane have been identified in waters up to 8 feet deep,
while spikerush normally inhabits the shallower shoreline region. Other
concentrations of emergents in the preserve include: spatterdock (Nupha lutem),
cattail gypha sp.), pickerelweed (Pontederia lanceolata), fragrant water lily
(Nymphaea odorata)and sawgrass (Cladium *amaicense) (Table 1). These species
are located throughout the Sunset Harbor - Little Lake Weir canal area and in other
various areas throughout Lake Weir proper (FGFWFC, 1989).

2. Submergent Vegetation

Submergent vegetation typically forms the inner most or waterward boundary of
aquatic vascular plants. This vegetation is generally characterized by having long
sinnuous; leaves or a bushy growth-form with highly branched leaves (Reid and
Wood, 1976). The function of this vegetation within the aquatic community varies,
however certain species are known to act as cover for fish, food sources for
waterfowl, and habitat for other small aquatic life (Tarver et al., 1986).

Species composition on Lake Weir is dominated primarily by the submergent Illinois
pondweed (Potamogeton illinoensis). Found to inhabit depths of up to twelve feet,
this pondweed is important to fisheries as a source of cover, and as a marginally
important food source for waterfowl (FGFWFC, 1989) (Tarver et al., 1986). Other
prominent submergents in the preserve include hairgrass (Eleochirustaldwini) and
bacopa (Bacol2a caroliniana). Noticable plant species which were missing from the
1988-1989 FGFWFC Aquatic Vegetation Surveys include: dwarf arrowhead (Sagiltria
subulata , southern naiad (Na6as guadalugensis), coontail (Ceratophyllum

AVERAGE
WET
SEASON
WATER
LEVEL

AVERAGE
DRY
SEASON
WATER
LEVEL
VEGETATION KEY

5V Bm virOWTV R
M N 0
K
E H

A. Eichhornia crassipes (Water hyacinth) J. Ceratophyllurn demersum (Coontail) S. Eleocharis spp. (Spike rush)
B. Salvinia minima (Water fern) K. Nuphar luteum (Spatterdock) T. Panicum virgation (Switch grass)
C. Najas spp. (Naiad) L. Potamogeton spp. (Pondweed) U. Xyris elliottii (Yellow-eyed grass)
D. Lemna spp. (Duckweed) A Scirpits validus (Griant bulrush) V. Centella asiatica (Coinwort)
E. Hydrilla verticillata (Hydiflia) N. Sagittariti lancifolia (Arrowhead) W. Eupatorium capillifolium (Dog fennel)
F. Utricularia spp. (Blatterwort) 0. Pontederia corihita (13ickerelweed) X. Axo1lopus spp. (Carpet grass)
G. Nelwnbo hitea (Lotus) P. Panicum hemitumon (Maidencane) Y. Panicum spp. (Low panicuili)
H. Myriophylltun spp. (Water milfbil) Q. Ilibiacits spp. (flibiscus) Z. Myrica cerifera (Wax myrtle)
1. Nymphea odorata (White water lily) R. Juncus effimis (Soft rush)

FIGURE 3.
COMMON FRESHWATER VEGETATION
(After Steve Gatewood)

Wetland/Upland Emergent Species Submerged Species Broad Aquatic Marsh Uplands
Ecotone
Loblolly Pine Maidencane Bacopa Maidencane Pines
Sweeigum Smanweed Coonlail Pickerelweed Hardwoods
Fennel Lillies flyddlla Soft Rush
Willows Hairgrass Milfbil

>> scaup
(Winter)

fleron

Largernouill Bass
- W-W -@@@Sink
Hole

NOTE: Lake width greatly lessened.

FIGURE 4.
VEGETATION PROFILE

s
464

ALT
441

ALT
27

L
TTI
ITTLE
"KE WEIR
LAKE WEIR
All

FIGL

;rz

441
27

demersum) , and eelgrass (yallisneriagme(icana). Researchers with the FGFWFC
consider that this reduction in plant species diversity is likely due to the effects of
the algal blooms which can hinder light penetration and inhibit the photosynthetic
process. (FGFWFC, 1989).*

(*Note: Although missing from the FGFWFC 1988-1989 vegetation surveys, the
submergents coontail (Ceratoghyllum demersum) and eelgrass (Yallisneria
americana) were retained on the Aquatic Vegetation Species List, Table , due. to
their identification on Lake Weir in 1988 by the FDNR, Bureau of Aquatic Plants,
Survey and Management Report.)

1 Exotic Vegetation- -

A complete listing of those exotic plant species found within the preserve is
unavailable at this time, however two species of exotics have been identified
including hydrilla (Hydrilla@Lerticjllata) and the water hyacinth (Eichorniag@@.
The expansion of these species has been contained by chemical controls
(FGFWFC, 1989).

4. Algae

Algae represents the non-vascular vegetation found in the preserve. Located
throughout the euphotic zone of the lake, agal communities can more specifically,
be found on bottom sediments, distributed in or floating on the water column,
attached to existing vegetation or secured to existing man-made structures. The
predominant algal species identified by Messer (1975) included: Chroococuss
rufescens, Lyngbya digueti, Lyngbya contortata, Lyngbya putealis and Microcystis
aueruginosa. These algae belong to the blue-green group termed cyanophytes
which can impact water clarity during algal blooms, by releasing the blue pigment
phycocyanin, which reduces light penetration and ultimately the photosynthetic
process of other plants (Reid and Wood, 1976). Other problems associated with
various species of blue greens can include the formation of surface scums and
water chemistry changes, which may also affect fish populations. Phytoplakton
blooms have occurred in the preserve (during the winter months), but as to whether
or what degree these increased numbers have affected the aquatic community is
unclear (FGWFC, 1989). R 'eid and Wood (1975) state, "Although not necessarily
"indicators" of pollution, blue-greens often thrive under such conditions, Lynqbya
and Oscillatoria being notable examples".

The predominant macroalga found within the preserve is muskgrass (Chara spp.)*.
Muskgrass, an algae which superficially resembles seed plants, has been identified
concurrent with Illinois pondweed in vegetation surveys (FGFWFC, 1989). Although

this species may become dense and impede waterfowl or fishing, it is an important
habitat for fish-food organisms and waterfowl (Tarver et al., 1986).

(*Note: The macroalga Stonewort (Nitella sp.) was dropped from the FGFWFC
1987-1989 vegetative list, due to its' noticable absence in their field surveys. This
species was also absent from the FDNR Aquatic Plant, Lake Weir Survey and
Management Report, 1988).

TABLE 1

AQUATIC VEGETATION SPECIES LIST FOR LAKE WEIR

COMMONNAME SCIENTIFIC NAME

EMERGENT SPECIES

Alligator Weed Alternanthera ohiloveroides
Arrowhead Sagittaria lancifolia
Banana lily Nymphoides aquatica
Bog moss Mayaca fluriatillis
Cat-tails Tvl)ha spp.
Floating ferns Ceratopteris
Fragrant water lily Nymphea odorata
Pennywort Hydrocytle
Pickerelweed Pontederia cordata
Spatterdock Nupha luteum
Spikerushes Eleocharis spp.
Water hyssop Bacupa curoliniana
Water-milfoils Myrophillium spp.

SUBMERGENT SPECIES

Bladderwort Utricularia floridana
Bladderwort Utricularia follosca
Bladderwort Utricularia purourea
Dwarf arrowhead SaQfttaria subulata
Fanwort Cabomba caroliniana
Hornwort/Coontail Ceratovhyllum demersurn
Hydrilla Hydrilla verticillata
Illinois pondweed Potamogeton illinoinsis
Southern naijad Naeas Quadaluvensis
Tapegrass Vallisneria americana
Websteria Websteria conferroides

TABLE I continued

COMMONNAME SCIENTIFIC NAME

SHORELINE AND DITCHBANK SPECIES

Bulrush Scripus cubensis
Burheads Echiniodorus conditolius
Bur marigold Bidens spp.
Egyptian paspalidium _@_asr)aidium geminatum
Elephant ear Colocasia esculenta
Pennywort Hydrochloa caroliniensis
Rush Fuirena scirpoidea
Smartweeds Polygonum spp.
Water primroses Ludwigia octoralls/peruriana

SEDGES, GRASSES AND RUSHES

Indiacane Phramites australis
Maidencane Panicum hemitomon
Napier grass Pennisetem r)urpuem
Saw-grass Cladium iamaicense
Sedge Cyverus spp.
Torpedo grass Panicum repens

FLOATING

Duckweed Lemna spp.
Water lettuce Pista stratiotes
Water hyacinth Eichhornia crassbes
Water spangle Saivinia minima

ALGAE

Musk-grass Chara spp.

Sources: Compiled from the Florida Game and Freshwater Fish Commission, Central Region.
1989. Lake Weir Investigations: Completion Report, Ocala, Fl., and the Florida
Department of Natural Resources, Bureau of Aquatic Plants, SW Aquatic Plant
Region Office, Survey and Management Report, Floral City, Fl., 1988.

H. FISHERIES RESOURCES

Historically, the fishery on Lake Weir has included populations of sportfish including:
largemouth bass (Micropterus salimodes), bluegill (Lepomis macrochirus , readear
sunfish (Legomis microlophus) and black crappie (Pomoxis nigromaculatus . Very
little is known as to the abundance of these species prior to 1983, due to a lack of
routine monitoring (FGFWFC, 1983-1989). Recent surveys however, have resulted
in a limited data base concerning species diversity and abundance.

1. Diversity and Abundance

Recent electrofishing surveys carried'out by the Florida Game and Freshwater Fish
Commission (FGFWFC) have resulted in the identification of twenty-three vadous
species within the preserve (Table 2). Of these, the sport fishery population
included: bluegill, largemouth bass, redear sunfish and chain pickerel. Forage fish
populations included: seminole killifish, golden shiners, threadfin shad and brook
silversides (FGFWFC, 1989).

Of those sportfish surveyed, the bass population during 1989 was significantly lower
than for all other years surveyed. Researchers have partially attributed this decline
to fish kills which have been documented on the preserve in recent years, and to
an increase in sportfishing pressure. Population estimates for bluegill, indicate that
1989 estimates are double the first estimates of 1985 while estimates for redear
sunfish were also higher than earlier estimates (FGFWFC, 1989).

2. Crappie Loss

The initial recorded data of the crappie population on Lake Weir began in 1984 with
the FGFWFC Central Region Fish Management Study (including the Lake Weir
Investiagitions: Completion Report, (1984-19U9 . The report, although
comprehensive in design (constructed to obtain long term baseline data on water
quality, fish population structure, vegetative communities and invertebrate
populations) was not originally structured to investigate solely the crappie loss. The
results of this study were inconclusive concerning this phenomenon.

The Crissman study also examined the crappie loss phenomenon on the lake. An
excerpt from the Final Report of Phases I and 11 of the Lake Weir Eutrophication
Study (1988) states, "After examining the possible causes for the dramatic loss of
the black crappie fishery, no obvious explanation exists. Extreme fishing pressure,
inappropriate use of herbicides or other factors can contribute to fish population
changes. But even these suggestions can be ruled out for Lake Weir since neither
has occurred (FDNR and FGFWFC, personal communication). Perhaps a
combination of factors led to the loss. If crappie can be re-established by stocking,
the problem will be solved although an explanation for their current demise may be

lacking. If not, further efforts to identify the factor or factors that killed the crappie
will probably continue."

3. Disease and Fish Kills

As part of the Lake Weir Investigations Project, the FGFWFC investigated other
phenomenon, which have plagued the fish population in the preserve since they
were recorded in 1985. These include fishkills and disease. The following is an
excerpt from that report:

"Events which coincided with the loss of the crappie were unexplained fish
kills. Adult redear sunfish were involved in a limited fish kill during the
summer of 1985. Since no cause could be identified and mainly large fish
were killed, it was assumed -that an old age class was dying. However,
another kill occurred from May to September 1986 affecting several species.
The majority of fish killed were adult bass and bluegill. Approximately 20 to
30 dead fish, primarily bass, could be observed on any given day. Upon
closer examination, struggling and recently-dead fish were found to have
white or pinkish gills suggesting anemia.

Fish with pale gills were collected during June 1986 and sent to the
Department of Fisheries and Allied Aquaculture at Auburn University for
pathological analyses. Additional fish samples were sent to the Florida
Department of Environmental Regulation (DER) for pesticide analyses.
Personnel from Auburn indicated Aeromonas sp. was present in liver tissue
and gill parasite concentrations were high. However, their opinion was that
these infections were secondary to stress produced by anemia. Results of
the DER pesticide investigation concluded that the only definitive statement
that could be made after four years of fish kill investigations was that some
sportfish were anemic and kills were continuing." (FGFWFC, 1989).

TABLE 2

FISH SPECIES LIST FOR LAKE WEIR

COMMONNAME SCIENTIFIC NAME

Largemouth bass Micropterus salmoides
Bluegill Lepomis macrochirus
Redear sunfish Lepomis microlophus
Spotted sunfish Ler)omis punctatus
Warmouth Lepomis aulosus
Black crappie Pomoxis nigromaculatus

TABLE 2 continued

COMMONNAME SCIENTIFIC NAME

Chain pickerel Esox n!ger
Brown bullhead Ictalurus nebulosus
Yellow bullhead Ictalurus natalis
White catfish Ictalurus catus
Florida gar Lepisosteus Platyrhincus
Lake chubsucker Erimvzon sucetta
Bowfln Amia calva
Golden shiner Notemiaonus crysoleucas
Coastal shiner Notropis Petersoni
Tadpole madtom Noturus avrinus
Dollar sunfish Lei)omis marginatus
Bluespotted sunfish Enneacanthus aloriosus
Swamp darter Etheostoma fusiforme
Seminole killifish Fundulus seminolis
Brook silverside Labidesthes sicculus
Threadfin shad Dorosoma petenense
Mosquitofish Gambusia affinis

Source: FGFWFC, 1989

1. VERTEBRATE WILDLIFE RESOURCES

Note: This section is taken from a draft report prepared by Henry Smith, Biological
Scientist 111, with the Florida Department of Natural Resources.

Wetland ecosystems and associated wetland-upland terrestrial ecotones comprise
extremely valuable wildlife range in terms of their combined foraging and breeding
habitat benefits. Many animals live their entire life cycle in lakes and wetlands.
Other species occupy temporal breeding/nursery ground niches in these habitats.
Furthermore, a high percentage of the wildlife species listed as endangered or
threatened by the U.S. Fish and Wildlife Service Endangered Species Act are fully
dependent on, or seasonally utilize, freshwater wetland habitats.

Less well publicized, more cryptic wetland values are also accrued. For example,
some wetlands provide great wildlife wintering habitat while only exhibiting limited
spring/summer breeding habitat usage. As a summary testimonial to the wildlife
values provided by wetlands it should be noted that "one third of all bird species,
190 species of amphibians and 5,000 species of plants are thought to occur" in
wetlands throughout the United States.

Several factors affect wildlife usage of lakes, wetlands and wetlands-uplands
transitional zones. Among the most important of these factors are: (a) naturally
occurring and artificially induced water level fluctuations which can accelerate or
retard plant community successional patterns. Shallow water plant communities are
particularly influenced by this factor; (b) influences of point source wastewater and
non-point source stormwater discharges; (c) agricultural activities within the
watershed; and (d) construction activities such as dredge and fill actions which
directly impact aquatic environments, as well as construction activities occurring
anywhere within the surrounding watershed which may have primary or secondary
impacts on the system.

Construction activities which occur in floodplains and on shorelines can result in a
broad spectrum of impacts to wildlife resources. Adverse effects can range from
local, temporary displacement of commonly occurring wildlife to catastrophic losses
of endangered species or irretrievable loss of significant habitat(s). Some of the
construction activities which can have significant impacts on wetland environments
include: building construction, construction of drainage structures, construction of
impervious surfaces (resulting in increased non-point source runoff discharges to
surface waters), line construction, and mineral extraction operations. Cumulative
effects of the aforementioned activities may result in additive or synergistic negative
impacts to wildlife resources.

1. Birds

The Florida Game and Freshwater Fish Commissions' (FGFWFC) Non-Game
Wildlife Program has recently completed surveys designed to document the
existence of those species of wildlife known to occur on Lake Weir. The resultant
data from these surveys indicate that there are at least two documented wading
bird nesting sites, located within the preserve area (FGFWFC, 1989).

This first colony is located on the Carney Island peninsula, and provides nesting
habitat for three primary species including: the cattle egret (Bubulcus ibis), great
.blue heron (Ardea herodias) and anhingas (Anhinga Intt". The FGFWFC
estimates that there are approximately 10-25 pair of breeding cattle egrets, 2-5 pair
of breeding great blue heron and 5-10 pair of breeding anhinga which use this site.
Reproduction estimates were unavailable due to the completion of nesting prior to
survey execution (FGFWFC, 1989).

The second documented colony site(s) is a combination of two sites which are in
close proximity to one another. One of these sites is located on the southern end
of Bird Island. Great blue herons as well as cattle egrets are known to use this site
for nesting. The second site is on a small willow island located in Sunset Harbor.
This site has also been documented as breeding habit for the great blue heron and
cattle egret (FGFWFC, 1989).

Other small wading or shorebird colonies may occur within the mix of habits found
within the preserve and the adjacent uplands, however their existence and numbers
have yet to be documented.

2. Mammals, Reptiles and Amphibians

A definitive listing of mammalian, reptilian and amphibian faunal assemblages within
the Lake Weir watershed, was unavailable at this time. However, an incomplete
listing of those animals species likely to occur within the mix of habitats found in
and around the freshwater lake areas is presented below.

8. Mammals

Common Name Scientific Name

Virginia Opossum Didelphis virainiana
Least Shrew Cryptotis parva
Shorttail Shrew Blarina brevicauda
Eastern Mole Scalopus aouaticus
Raccoon Procyon lotor
Long-tailed Weasel Mustela frenata
River Otter Lutra canadensis
Spotted Skunk Soiloaal putoriu
Striped Skunk Mer)hftis mephitis
Red Fox Vulpes vulpes
Gray Fox Urocyon cinereoargenteus
Bobcat Fells rufus
Eastern Gray Squirrel Sciurus carolinensis
Eastern Fox Squirrel Sciurus nicie
Southern Flying Squirrel Glaucomys volans
Round-tailed Muskrat Neofiber alleni
Beaver Castor canadensis
Eastern Cottontail Sylvilagus floridanus
Marsh Rabbit Sylvilacius Palustris
White-tailed Deer Odocoileus vinginianus
Nine-banded Armadillo Dasvi3us novemcinctus

b. Reptiles

Common Name Scientific Name

American Alligator Allicato mississivDiensis
Stinkpot Sternotherus odoratus
Eastern Mud Turtle Kinosternon subrubrum
Florida Cooter Pseudemys floridana
Yellow-Bellied Slider Trachemys scripta
Eastern Chicken Turtle Deirochelys reticularia
Florida Softshell Trion ferox
Snapping Turtle Chelydra serpentina

b. Reptiles (cont'd)

Common Name Scientific Name

Water Snake species Nerodia spp.
Black Swamp Snake Seminatrix Pyaaea
Mud Snake Farancia abacura
Ribbon Snake Thamnophis sauritus

C. Amphibians

Common Name Scientific Name

Greater Siren Siren lacertina
Eastern Lesser Siren Siren intermedia
Two Toed Amphiuma Amphiuma means
Green Frog Rana clamitans
Pig Frog Rana gntU2
Bullfrog Rana utricularia

Source: FDNR, 1990

3. Designated Species - Rare, Endangered or Threatened

Found in Table 3 and Table 4 are lists of floral and faunal species which may be
found at or in the vicinity of Lake Weir. These species have been given legal
protection pursuant to the U.S. Fish and Wildlife Service (USFWS) Endangered
Species Act of 1913, and/or Florida Game and Fresh Water Fish Commission
(FGFWFC) regulations.

Designated species may be classified as endangered, threatened or of special
concern. 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 crRically 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.

TABLE 3

DESIGNATED FLORA LIKELY TO OCCUR IN THE
LAKE WEIR AQUATIC PRESERVE AREA

SPECIES DESIGNATION
FGFWFC USFWS

Curtiss' Milkweed
(Ascleplas curtissii E

Florida Bonami
(Bonamia grandiflora E

Ashe's Savory
(Calamintha Aj@o T

Longspurred Mint
(Dicerandra comutissima E E

Scrub Buckwheat
(Eriogonum longifolium van cinaghalifolium T

Scrub Holly
aLex opaca var arenicola T

Florida Bear-Grass
(Nolina atopocarpa E

Large-Flowered Grass-of-Parnassus
(Parnassia grandifolia E

Lewton's Polygala
(Polyciala lewtonii E

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
S Species of Special Concern

Source: Modified from the Florida Natural Areas Inventory. August 1, 1990.
Distribution of Rare/Endangered Species in Marion County, Florida.

TABLE 4

DESIGNATED FUANA LIKELY TO OCCUR IN THE
LAKE WEIR AQUATIC PRESERVE AREA

SPECIES DESIGNATION
FGFWFC USFWS

Lake Eustis Pupfish
(Cyprinodon variegatus hubbsi S

Gopher Frog
(Rana aerolata S

American Alligator
(Alliaato mississippiensis) S -T(S/A)

Eastern Indigo Snake
(Drymarchon corais couperi T T

Gopher Tortoise
(Gopherus polyphemus S

Sand Skink
(Neoseps reynoldsi T T

Florida Pine Snake
(Pituophis melanoleucus muciftus S

Short-Tailed Snake
(Stilosoma extenuaturn T

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
S Species of Special Concern

Source: Modified from the Florida Natural Areas Inventory. August 1, 1990.
Distribution of Rare/Endangered Species in Marion County, Florida.

J. 7REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS

1. ADJACENT UPLAND USES

Based upon existing development conditions the adjacent upland uses of the
preserve can be classified as follows: low density-rural or agricultural, medium
density residential, high density residential, public recreation-preservation and
commercial. These divisions do not necessarily reflect municipal or county zoning
terminology.

A. Residential Uses

a. Low Densi% Rural or Agricultural: This designation is characterized by areas
that exhibit rural or agricultural characteristics (i.e. farmland, ranchland, open space
or pastureland). This pattern is exhibited in the upland areas of the preserve on the
southern shoreline of Lake Weir proper, from the southern boundary of the private
beach of Sunrise Beach Villas, west to the eastern boundary of the Hope Park
Recreation Area, and those uplands surrounding the southern shoreline of Little
Lake Weir.

In general, the land-use pattern of these upland areas of the preserve are
dominated by large lot single-family residences abutting or adjoining open-space,
pasture or agricultural property. Much of the agricultural property is either phased
out or currently replanted citrus groves, while the remaining property is either
currently unused open space or pastureland for livestock. There are parcels of
land along both shorelines which sustain uses other than the overall rural,
agricultural/open space or low density land-use pattern (e.g. Big Lake Village
Mobile Home Park and Eatons Beach). These uses however, are viewed as
exceptions to the general development pattern.

b. 'Medium Density: There is one area of the preserve upland considered
medium density. This area begins at Roberts Drive and extends south, along the
eastern shoreline of Lake Weir to the southern boundary of the Sunrise Beach Villas
and Condominium property.

The eastern shoreline and adjacent uplands of Lake Weir are absorbing much of
the newer growth on the preserve. Examples of this growth include the
subdivisions of 'The Sanctuary" and "Woodmar". These subdivisions are typically
composed of lot single-family homes with private single family docks appurtenant
to the shorefront properties. Other major residential developments found here
include: Weirview Bluff, Orangewood Shores, and Sunrise Beach Villas.

Farther upland, and interspered throughout the uses just described are tracts and
parcels of wooded or forrest land, wetlands, open space or pasture land and ponds

or lakes. Remnant or replanted citrus grove sites can also be found scattered
throughout the vicinity.

c. High DenjjW. Those areas of the preserve uplands considered to be high
density include: 1) that area between the northern boundary of the county lands on
Carney Island and Roberts Drive, on the northern shoreline of Lake Weir (including
the Town of Oklawaha) 2) the uplands surrounding the northern shoreline of Little
Lake Weir and 3) the southern and western uplands within Sunset Harbor
(exclusive of the adjacent Carney properties).

The northern shoreline of Lake Weir (including those uplands lying in and around
the Town of Oklawaha) are well developed with various sized single and multi-family
residences some of which reveal Queen Anne Revival, Colonial Revival or Folk
Victorian Architectural Styling, indicative that these homes have existed on the lake
for many years.

Other upland uses include numerous commercial establishments, public
infrastructure and recreational uses, while shorefront development includes a
myriad of water dependent structures and uses ranging from private beaches and
private residential docks to covered boat slips, boathouses and commercial
structures.

The northern shoreline and uplands of Little Lake Weir are also highly developed,
however the uses are not as varied as that found in Oklawaha. Large lot single-
family homes and private single family docks line the shoreline. Farther upland, are
two communities containing small lot single family residential dwellings, these are
the communities of Bliss Haven and Lake Haven. Two other more expansive
subdivisions located within the immediate uplands include Lake Weir Heights and
Lake Weir Shores. These developments do not abut the lake at any particular
point.

The last area to be described here is the Sunset Harbor area or more specifically
that area from the eastern boundary of the Hope Park Recreation area west and
north to the Lake Weir-Uttle Lake Weir connector canal (including Bird Island).

The shoreline of this section of the preserve is representative of the other well
developed areas of the preserve, consisting primarily of single and multi-family
residential docks and private swim access areas. Immediate shorefront lots are
primarily small lot single-family residences. Farther upland, development becomes
more dense with five subdivisions or communities located within the immediate
upland vicinity. Major developments include: Sunset Harbor Subdivision, Lake Weir
Harbor Estates, Lake Weir Shores, Southwood Shores Community and Loch
Harbor Condominiums. The type of residence found throughout the area can
generally be considered to be small lot single-family residential housing, either in
the form of mobile, modular or conventional style or multi-family complexes. Other

land uses which are scattered throughout the vicinity include: gas stations, schools,
convenience stores, and other forms of public infrastructure.

B. Public Uses

a. Public Recreation and Preservation: Public recreation in the forms of fishing,
swimming, picnicking, etc., have been major uses of the preserve for many years.
Preservation has also recently become more important due to increasing residential
development within the vicinity. In an effort to increase outdoor recreational
opportunities and maintain the natural integrity of various uplands, Marion County
has purchased the Carney Island property. In conjunction with the Florida Game
and Freshwater Fish Commission (FGFWFC), the county also provides or maintains
five public recreation areas. Each site provides for access to the preserve and
sustains varying forms and amounts of infrastructure. The following list furnishes a
description of the infrastructure and a general location for those public recreation-
preservation sites appurtenant to the preserve.

1) Hope Park: This recreation area has facilities for boating access
including (2) single lane and (1) double lane boating access ramps
and (2) access or loading piers. Improved parking, restroom and
picnicking facilities (tables) are also provided. The site is located
along the southern shoreline of Sunset Harbor.

2) Hamptons Beach: The facilities located at this site provide for
boating access with (1) double lane boating access ramp, picnic
tables, restroom facilities, improved parking facilities and a designated
swim area. It is located approximately mid-point (north to south)
along the eastern shoreline of Lake Weir proper.

3) Johnsons Beach Boat Ramp: The facilities at this site include (1)
single lane boating access ramp. Swimming frequently occurs here,
however there is no designated swim area. The site is located along
the northern shoreline of Lake Weir, in the Town of Oklawaha.

4) Oxners Beach ("Florida Power Beach"): This recreation area is
small in size (compared to those sites previously referenced). It
provides for picnicking (tables provided) and is used occasionally for
swimming, though not a designated swim area. The nickname
"Florida Power Beach" has been given due to the location of the
utilities office which is often used as a directional reference point.
This recreation site is located along the northern shoreline of Lake
Weir proper, in the eastern half of the Town of Oklawaha.

5) Little Lake Weir Boat Ramp: The facilities at this site consist of (1)
single lane boating access ramp. It is located on the western
shoreline of Little Lake Weir.

6) Lake Weir Seaplane Base: Located along the northern shoreline of
Lake Weir is a designated seaplane landing area. No infrastructure
facilities are located within the area, however the site is used for
taxiing, landing and take-off of seaplane type aircraft.

7) Carney Island: Much of this peninsula has recently been purchased
by the county and is in the form of abandoned citrus groves. Derelict
maintenance sheds and buildings can also be found on the property.
There are privately owned outparcels on the northern and southern
parts of the peninsula itself. These properties currently sustain private
single family residential dwellings, utility sheds and replanted or active
citrus groves. There is little public infrastructure found throughout the
peninsula.

C. Commercial Uses

There are (5) five commercial uses of the preserve that are either totally water
dependent or that include the use of the preserve as an element of their
commercial enterprise. The following is a list of these establishments and their
general location:

a) johnsons Restaurant and Beach: This enterprise consists of an over-the-
water restaurant and private (fee access) beach. -It is located along Lake
Weirs' northern shoreline in the Town of Oklawaha.

b) Eatons Beach: This establishment is a second private (fee access) beach,
located on the southern shoreline of Lake Weir proper. The facilities here
include (1) single lane boating access ramp and (1) swimming or boat
mooring pier.

c) Sunset Harbor GroggE. A convenience style grocery store, Sunset Harbor
Grocery also has fueling facilities for boating activities held on the preserve.
Its location is along the western shoreline of Sunset Harbor.*

d) Lock Weir Marina: This facility rents covered boat slips and is located at the
mouth of the unnamed canal, in Oklawaha.

e) Lake Weir Fish CaMR: This camp has several access (mooring piers), bait
and tackle shop and fueling facilities. Accessibility to the camp is periodically
obstructed, due to low water levels and heavy veg@tation growth in the
attendant canal. The camp is situated at the north end of the unnamed
canal and C.R. 25, in the Town of Oklawaha.*

(*Note: These uses are located adjacent to or are on canals title to which
may be privately held).

2. CURRENT USES OF THE PRESERVE

The uses of the Lake Weir Aquatic Preserve can be divided into four general
categories including: private, commercial, public recreation and open water.

A. Private: Private uses are reflected in the many docks, piers, ramps and
beaches associated with the single and multi-family residences (or
communities) abutting the preserves shoreline.

B. Commercial: Commercial uses of the preserve have varied throughout the
years from providing water (necessary for the irrigation of citrus), the
dredging of sand (during the mid 1900's used in the construction industry),
to sport-fishing and recreational boating. Although the dredging of sand has
ceased and the volume of commercial irrigation reduced, sport-fishing,
swimming and recreational boating remain as viable commercial uses of the
aquatic resources.

C. Public Recreation: The preserve is currently used, for a variety of active
water dependent activities including: fishing, swimming, canoeing, water
skiing, pleasure boating, sailing and increasing amounts of jet ski traffic.

D. Open Water: There are two open water areas which are buoyed and used
for water ski coursing at various times of the year. Both of these areas are
located on Lake Weir proper. One course is located in the southeastern
corner, the other in the southwestern corner.The water depths in these areas
range from seventeen to twenty-eight feet.

A second open water use of the preserve includes those areas preempted
by the Florida Game and Freshwater Fish Commissions', fish attractors.
Developed as artificial habitat, these structures average 1/4 acre in size and
are constructed of citrus, hardwood brush or other non-polluting materials.
They are marked with regulatory signs and have been located at various
points throughout the preserve.

3. PLANNED USE

In referencing the current residential development pattern of the county, planners
have noted current land-use trends stating, 'The 116,933 acres of residential land
in unincorporated Marion County is concentrated in three areas: the Ocala urban
area, the State Road 200 corridor and the Belleview/Lake Weir area, in the
southeastern portion of the county". Recognition of further potential residential
development has led the county to predict further expansion into the above
referenced areas stating, 'The State Road 200 corridor is likewise expected to
continue to be a high growth area as is the Belleview area, Marion Oaks
development and the Dunnellon area" (Marion County Comprehensive Plan, Future
Land Use Element Draft, 1991).

The major influence behind the increase in residential development is the expansion
of the county's population base. The population of Marion County in 1980 was
122,488 and 1989 estimates adjust this figure to 190,742 (BEBR 1989). The
majority of this increase is due to immigration of new residents (93% during the
1980's) from the midwest, northeast and south Florida (Marion County
Comprehensive Plan, Future Land Use Element Draft, 1991). In addition,
population estimates for the year 2,000 indicate a potential county-wide increase
to 263,798 an increase of approximately 73,000 persons. Of the 1989 county-wide
estimates 139,233 persons are estimated to be residing in unincorporated Marion
County (BEBR, 1989).

These indicators are important, as population growth and concomitant development
can have the potential to impact water resources, wildlife habitat and generally
increase the potential for environmental degradation.

4. ASSOCIATED IMPACTS

Land-use alterations in the preserves' watershed has impacted the preserves'
overall water quality. Historically, early land clearance, the installation of the weir
structure, post WWII population increases and the development of citrus agriculture
have all contributed to the cultural eutrophication of the preserve (Crissman et al.,
1991).

As to the primary source or sources of present day nutrient loading and cultural
eutrophication, Crissman et al. (1991) have attributed this phenomenon to an
increasing human population level and the fact that the residential population within
the watershed is currently serviced solely by septic tanks. Those sections of the
preserve most clearly impacted, are those areas adjacent to the uplands sustaining
the highest density residential land-uses (e.g. Sunset Harbor, Oklawaha and Little
Lake Weir) (Crissman et al., 1.991).

Other sources of nutrient loading, identified by researchers at the St. Johns River
Water Management District include those existing residential developments which
do not currently have or which do not currently maintain existing stormwater
treatment facilities. Identified as important nutrient sources, these developments,
along with existing septic tanks were not identified as the primary nutrient loading
agent of the lake. The agricultural, pasture or open lands currently surrounding the
preserve, have been identified by the SJRWMD, as the primary nutrient source for
the lake (Memo, St. Johns River Water Management District, 1991).

This lake is currently experiencing events which range from fish kills and disease,
to fish species disappearances and phytoplankton (algal) blooms (FGFWFC, 1989)
(Crissman et al., 1988). Increased nutrient loading is a result of historical and
contemporary land-use alterations and activities. To summarize Crissman et al.
(1991) states, "Since land clearance, the lake system has become progressively
eutrophic so that today it is at the mesotrophic/eutrophic transition".

CHAPTERIV

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Lake Weir Aquatic Preserve into separate management
areas where general or special rule criteria and allowable uses are defined for each
area. The management areas are classified and delineated based on the types and
locations of existing and planned uses of the adjacent uplands (Figure 6), as well
as on the types, occurrence and characteristics of the natural cultural resources on
submerged lands. The various management areas delineated may be classified
similarly or differently as these factors vary in the preserve.

The purpose of this chapter is four-fold: (1) to provide a better understanding of
the general and special rule criteria designed to preserve and protect resources
and habitat, (2) to identify the types of allowable uses on state-owned submerged
lands within a preserve, (3) to provide local planners with a guide for land use
decisions, and (4) to provide both the staff of the Bureau of Submerged Lands and
Preserves and other agencies a continuity of direction in the management of this
preserve. As such, this intent will afford habitat protection while lending some
measure of predictability for allowable public and private uses in the aquatic
preserve.

Prior to providing the criteria for specific resource management areas, it is
important"that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve
Program be reiterated. Section 258.36, F.S., states that "It is the intent of the
Legislature that the state-owned submerged lands in areas which have exceptional
biological, aesthetic, and scientific value ... be set aside forever as aquatic preserves
or sanctuaries for the benefit of future generations." The program has jurisdiction
over the use of state-owned submerged lands within the boundaries of a given
preserve. Activities which occur outside the boundaries of an aquatic preserve or
which do not directly affect state-owned submerged lands are not within the
jurisdiction of the Aquatic Preserve Program (e.g., water quality, regulation of
recreational 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 "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 the adjacent
uplands as designated in the local government comprehensive plan(s). As in the
delineation of upland uses through zoning, the delineation of a preserve into
management areas is two-fold: (1) to identify areas of public and private uses, and
(2) to provide standards with which proposed uses and activities must comply. The
intent of these management area classifications is to make potential development
activities compatible with resource protection goals.

Designated 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. Specific land uses to be
incorporated in the classification of management areas include:

Agriculture LAG): This category represents state-owned submerged lands
adjacent to land designated on a future land use map for a county and/or
municipality as agriculture. It is intended to include sparsely populated areas
used primarily for agricultural and/or forestry purposes.

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

Multi-Family (ME): This category represents state-owned submerged lands
adjacent to land designated on a future land use map for a county and/or
municipality as multi-family residential. It is intended to include areas where
more than one private residence are using the adjacent portion of the
preserve solely for private recreational activities. The associated residences
include townhouses, trailer parks, condominiums, apartments, and any other
group of multi-family dwellings. This category also includes a group of
single-family property owners (i.e., homeowners association) that proposes
to use state-owned submerged lands for the mutual benefit of the group.

Commercial-industrigLCCII: This category represents state-owned submerged
lands adjacent to land designated on a future land use map for a county
and/or municipality as commercial or industrial. The category is

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also intended to incorporate uses associated with structures that charge fees
or generate revenue.

Public Recreation (PR): This category represents state-owned submerged
lands adjacent to land designated on a future land use map for a county
and/or municipality as public recreation/preservation and is utilized for the
purposes of public recreation. It is intended to include (1) areas where
structures are used by the general public at no charge and (2) federal, state,
and municipal parks that charge a nominal fee.

Preservation (P): This category represents state-owned submerged lands
adjacent to land designated on a future land use map for a county and/or
municipality as preservation. Upland ownership can be either public or
private.

Open-water (OW): 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 lying adjacent to upland property. Each of the
land use classifications listed above is assigned an appropriate number to identify
the resource value of the adjacent submerged lands. The methodology used to
determine this resource value shall be consistent with the latest methodology
approved by the Bureau of Submerged Lands and Preserves.

If an area within the preserve is identified as a Primary Resource Protection Area
(PRPA), then it will be assigned a resource value of "ll". A PRPA essentially
combines Resource Protection Areas 1 and 2, as defined in Sections 18-20.003(31),
and 18-20.003(32), F.A.C.

Submerged areas that are characterized by the absence of resource attributes will
be designated as a Secondary Resource Protection Area (SRPA), and will be
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 example, if an area within the preserve is determined
to have a primary resource protection area, and if the adjacent land is zoned as a
single-family residential neighborhood, the adjacent management area would be
classified as SF/1.

C. MINIMUM CRITERIA FOR ALLOWABLE USES

Except where specified below, chapter 18-20, F.A.C., provides the minimum
standards with regards to utilization of state-owned submerged lands within an
aquatic preserve, as authorized by the Board of Trustees. It should be noted that
other regulatory agencies' rules and jurisdictions over activities may apply within
aquatic preserves. 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 waterward 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, scientific, historic, and/or aesthetic value
require special management considerations. Modifications to docks in these
areas may be more restrictive and shall be determined on a case-by-case
basis;

3. the number, lengths, drafts, and types of vessels allowed to utilize the
proposed facility may be stipulated;

4. where local governments have more stringent standards and criteria for
docking facilities, the more stringent standards for the protection and
enhancement of the aquatic preserve shall prevail.

Private Residential Single Docks: Section 18-20.004 (5)(e) allows for exceptions
to the standards and criteria listed in Chapter 18-20.004 (5), F.A.C. Due to the
dependent nature of the lakes overall water level, on precipitation, and the
concurrent affect of this variability on the littoral area water column depths, private
single family residential docks and covered boat slips shall conform to the following
standards and criteria:

The width of the main access dock shall not exceed five feet;

The dock may not extend to a water depth greater than minus four
(-4) feet mean or ordinary low water unless such would result in the
terminal platform or mooring area being located in a PRPA, in which
case the dock may be extended out the minimum distance necessary
to avoid the PRPA;

If the water depth is (-4) feet mean or ordinary low water at an
existing seawall or bulkhead, the maximum distance that the dock
may extend out from the seawall shall be no more than twenty-five
(25) feet;

The size of a terminal platform shall not exceed 160 square feet;

A covered boatslip if constructed;

Must have a roof with a slope of at lease 2:1;

The total covered area shall not exceed 160 square feet if located in
a PRPA or 330 square feet if outside a PRPA;

Shall not include a catwalk inside the covere d area that is more than
three feet wide;

If a dock is to have both a terminal platform and a covered slip, the
total area covered by both shall not exceed 160 square feet in a
PRPA, or 330 square feet outside of a PRPA;

A covered boatslip and terminal platform not exceeding 490 square
feet may be authorized outside a PRPA if located within an area
designated in an approved management plan as being substantially
developed with similar facilities.

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 faci.lities 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 and access channels shall not be located in Resource
Protection Areas 1 and 2; however, main access docks may be allowed to
pass through Resource Protection Area 1 or 2 that are located along the
shoreline, to reach an acceptable Resource Protection 3, 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 grassbeds or other aquatic resources in the
surrounding area;

4. marina siting will be coordinated with local governments to insure
consistency with all local plans and ordinances;

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

6. 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;

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) hand rails will be installed around the perimeter of the structure, (2) at
least one "Docking Prohibited" sign will be posted and maintained on each side of
the pier, (3) no temporary or permanent mooring of vessels will be permitted, and
(4) 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., shoreline vegetation, nesting areas), (2) the amount of dredging
and/or filling of submerged lands, and (3) accessibility to the ramp from water and
land routes.

Exceptions to the standards and criteria for any d6cking facility may be considered,
but only upon demonstration by the applicant that such exceptions are necessary
to ensure reasonable riparian ingress and egress as provided for in Chapter 18-20,
F.A.C.

Lease, or Transfer of Lands: Section 18-20.004 (1)(b), F.A.C., states that there
shall be no further lease, or transfer of sovereignty lands within an aquatic preserve
unless such transaction is in the public interest. Section 18-20.004(2), F.A.C.,
specifically defines the public interest test (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 of approved navigational aids; (4) creation or maintenance of a
commercial/industrial dock, pier, or marina; (5) creation or maintenance of private
docks; (6) minimum dredging of navigation channels attendant to docking facilities;
(7) creation or maintenance of shore protection structures; (8) installation or
maintenance of oil and gas transportation facilities; (9) creation, maintenance,
replacement, or expansion of facilities required for the provision of public utilities;
and (10) other activities which are a public necessity or which are necessary to
enhance the quality and utility of the preserve and which are consistent with the
Florida Aquatic Preserves Act (Sections 258.35 - 258.46, F.S.). Section 18-
20.004(l)(0, F.A.C., states that structures to be built in, on, or over sovereignty
lands are limited to those necessary to conduct water-dependent activities.

Wilily Easements: Section 18-20.004(3)(c), F.A.C., provides that utility cables,
pipes, and other such structures shall be constructed and located in a manner that
will cause minimal disturbance to submerged land resources such as fisheries
spawning habitat and submerged grassbeds and do not interfere with traditional

uses. It will be the policy within the aquatic preserve to locate the placement of
utilities in designated corridors, or existing easements.

-Sgoil 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.

Cumulative Imoacts: Section 18-20.006(1-7), F.A.C., sites the Departments
responsibility to evaluate particular sites for which activities are proposed, in light
of the cumulative impact on the preserve's natural system. The department shall
include as part of its evaluation of an activity:

1 . the number and extent of similar human actions within the preserve which
have previously affected or are likely to affect the preserve, whether
considered by the department under its current authority or which existed
prior to or since the enactment of the Act;

2. the similar activities within the preserve which are currently under
consideration by the department;

3. direct and indirect effects upon the preserve and adjacent preserves, if
applicable, which may reasonably be expected to result from the activity;

4. the extent to which the activity is consistent with management plans for the
preserve, when developed;

5. the extent to which the activity is permissible within the preserve in
accordance with comprehensive plans adopted by affected local
governments, pursuant to section 163.316 1, F. S., and other applicable plans
adopted by local, state, and federal governmental agencies;

6. the extent to which the loss of beneficial hydrologic and biologic functions
would adversely impact the quality or utility of the preserve; and

7. the extent to which mitigation measures may compensate for adverse
impacts.

Special criteria other than that listed in Chapter 18-20, F.A.C., may be required if
the physical conditions warrant it. Those areas requiring special management will
be referred to as special management areas and will be labeled with an additional
letter. For example if an SF/2 area requires supplemental criteria it then becomes
a special management area and would be classified as an SF/2a. Special
management area criteria includes:

A covered boatslip and terminal platform not exceeding 490 square feet may
be authorized outside a PRPA if located within an area designated in an
approved management plan as being substantially developed with similar
facilities.

Upon approval of this management plan by the Board of Trustees, the Lake Weir
Aquatic Preserve Management Plan will be incorporated into Chapter 18-20, F.A.C.,
rule by reference; therefore, new criteria in this plan will have the force and effect
of rule upon adoption of this plan into rule.

D. MANAGEMENT AREAS

In this section, management areas have been delineated for the Lake Weir Aquatic
Preserve (Figure 7). Boundaries, descriptions, and allowable uses are listed for
each area. Due to changes that will occur from rezonings of adjacent uplands, in
addition to the biological conditions on submerged lands, final decisions on
approving, modifying or denying uses within the preserve will be made based on
field surveys and assessments of prospective sites.

In addition to what is listed for allowable uses, certain activities are generally
permissible in all management areas, in accordance with general rules. These
include shoreline stabilization structures and maintenance dredging.

Note: Several management area classifications have been combined (e.g. PR-SF/1
and SF-MF/1) due to the general diversity of uses and densities intermixed
throughout the upland area.

In addition, some management areas which abut more homologous uplands,
may contain specific activities occurring within, which are not reflective of the
overall upland land use pattern. In such cases, these specific activities will
be recognized as "non-conforming uses".

MANAGEMENT AREA SF11

(Single Family/Primary Resource Protection Area)

There are two major areas within this classification.

Boundaries: This area includes those submerged lands adjacent to those uplands
along the southern shoreline of Lake Weir beginning at the southern boundary of
the Sunrise Beach Villa property and extending westward to the eastern boundary
of the Hope Park Recreation Area.

Description: This management area is characterized by a limited number of
private residential docks and a limited number of boathouses constructed among
various species of aquatic vegetation such as: maidencane, spikerush, arrowhead
and cattail. Non-conforming use features include: a private (pay access) beach and
boating access ramp and a community swim pier and swim area.

Boundaries: The second area within this designation includes those state-owned
submerged lands abutting the western and southern shorelines of Little Lake Weir.
More specifically, this area extends westward from the Lake Weir-Uttle Lake Weir
connector canal to the southwestern boundary of the Little Lake Weir boat ramp
facility (excluding any privately held canals).

Description: Those submerged lands lying within this area support aquatic
vegetation such as illinois pondweed, bladderworts and water hyssops.
Interspersed among these aquatics are private residential single docks, cleared
swim areas and shoreline stabilization structures.

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

MANAGEMENT AREA SF-MFJ1
(Single-Family-Multi-Family/Primary Resource Protection Area)

This classification contains three areas.

Boundaries: The first area includes those state-owned submerged lands lying
along the eastern shoreline of Lake Weir, beginning at a point due west of Roberts
Drive and extending south to the southern boundary of the Sunrise Beach Villa
property.

Descri2tion: The submerged lands within this management area primarily support
private single docks with attendant boat hoists, and an occasional boathouse. Non-
conforming use features are limited to that infrastructure associated with the
Hampton Beach County Park (floating tire breakwater, boating access ramp and
swim area floats, buoys and ropes) and the public recreation dock at Stanton
Beach. There are substantial amounts of the emergent plants specifically spikerush
and maidencane found in the littoral areas, except where this vegetation has been
cleared for private swim access.

Boundaries: The second area includes those state-owned submerged lands lying
adjacent to an area beginning at the eastern boundary of the Hope Park Recreation
area and extending west and north (including all of Sunset Harbor, Bird Island and

the attendant causeway island and the Lake Weir-Little Lake Weir connector canal,
but excluding any privately held canals and the adjacent Carney Island properties).

Description: The submerged lands in this area of the preserve support a variety
of aquatic plant species including water lilies, spikerush, arrowhead, cattail and
websteria. The majority of structures and activities found here include private single
family docks, shore protection structures and cleared swim areas. Isolated non-
conforming use features include: fueling facilities and that infrastructure associated
with the Hope Park County Recreation Area (Boating access ramps and mooring
docks).

Boundaries: The final area under this classification includes those state-owned
submerged lands beginning at the southwestern boundary of the Little Lake Weir
boat ramp and extending northeast and then southeast to the Carney Island
property.

Description: The submerged lands lying adjacent to the northern shoreline of Little
Lake Weir largely support single family docks and private swim areas interspersed
throughout the existing stands of maidencane, water hyssop, illinois pondweed and
other aquatic plant species.

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 SFJ2a-MF-Q1J2
(Single Family/Special Management Area-
Multi-Family/Secondary Resource Protection Area)

Boundaries: This management area includes those state-owned submerged lands
lying from a point east of Luffman Road and extending northeast and east to
Roberts Drive (including the Town of Oklawaha).

Description: The submerged lands in this area support aquatic vegetation such
as maidencane and spikerush however a great deal of this vegetation has been
removed for personal swim access. This area is more densely developed with a
variety of structures (e.g. large docks, covered boat slips and boat houses) than
is found elsewhere on the preserve.

Allowable Uses: Private residential single docks and private residential multi-slip
docks and piers, commercial docks and piers, covered slips, marinas, ramps, utility
easements.

MANAGEMENT AREA PR-SFj1
(Public Recreation-Single Family/Primary Resource Protection Area)

Boundaries: Included in this management area are those state-owned submerged
lands surrounding Carney Island (Peninsula).

Description: This area is characterized by minimal, shoreline development along
the eastern (Lake Weir), southern (Sunset Harbor) and northwestern (Uttle Lake
Weir) boundaries. These areas support an abundance of submergent, emergent
and floating leaf aquatic plant species. The western and southwestern boundaries
abut wetland hardwood forrest and freshwater marsh respectively.

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

MANAGEMENT AREA OW12
(Open Water/Secondary Resource Protection Area)

Boundaries: This designation is comprised of all state-owned submerged portions
of the preserve 500 ft. waterward of the Ordinary High Water Line (OHWL).

Description: This area is characterized by such aquatic vegetation species as
bacopa and illinois pondweed. In those deeper segments which sustain minimal
macrophytic growth, the substrate composition varies from fine to coarse sand,
found in Sunset Harbor and Lake Weir to organic muck, prevalent in Uttle Lake
Weir and at the center of Lake Weir proper.

Allowable Uses: Utility easements, artificial fish habitat structures (and attendant
regulatory signs), temporary water ski buoy markers.

S
464

ALT
441

ALT
27 FIGURE 7.
Management Areas

LIME SF/1 Single-Family/
LAKE WEIR Primary Resource
LA KE WEIR
Protection Area
Ln SF-MF11 Single-Famity -
Multi-Family/Primary
OW12 Resource Protection
Area
Kxx3m SF/2a- Single-Famity/Special
xxx
MF-Cl/2 Management Area-
Muffi-Farrdly -
Commercial Industrial/
Secondary Resource
Protection Area
PR-SF/ 1 Public Recreation -
------ - Single-Family/Primary
Resource Protection
441 Area
27 OW12 Open Water/
Secondary Resource
Protection Area

CHAPTER V

SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS

This chapter identifies issues and develops policy guidelines in regards to specific
activities (other than the regulation of structures) which directly impact the aquatic
preserve. The issues that are specific to this area include, but are not limited to:
1) excessive nutrification and stormwater runoff 2) nearshore vegetation
management 3) boating and associated activities.

1. EXCESSIVE NUTRIFICATION AND STORMWATER RUNOFF

As discussed previously in Chapter 111, studies and analyses of the preserves water
quality indicate a variety of sources of pollutants. The highly developed Sunset
Harbor, Oklawaha and Little Lake Weir areas continue to load the lake with
excessive nutrients via septic tanks. Simultaneously, existing residential
developments (without operating storm water treatment systems) and the
surrounding agricultural properties (particularly the open space or pasture land
continue to load the lake with nutrients and other pollutants via stormwater runoff.
These sources have been confirmed by scientific studies referenced earlier, as the
greatest threat to the water quality of the preserve.

MANAGEMENT INITIATIVES:

1. Support the construction of sewer treatment facilities in those areas
which have presently been identified as the most highly populated
segments of the Lake Weir watershed.

2. Coordinate with state, regional and local agencies (in particular the St.
Johns River Water Management District and Marion County) in
identifying methods for treating or preventing stormwater runoff. This
includes those existing residential areas where existing infrastructure
is found to be inoperative, inadequate or non-existent and those
agricultural (open space or pasture) properties determined to be in
need of treatment facilities.

2. NEARSHORE VEGETATION MANAGEMENT

Presently, the narrow littoral zone surrounding the preserve supports freshwater
aquatic plant species which are beneficial to the water quality. The species in this

area allow for nutrient uptake from upland runoff and provide habitat for wildlife and
fish reproduction.

As a viable resource for human oriented recreational activities (i.e. fishing) as well
as valued wildlife habitat, the preservation of the aquatic vegetation found here, in
conjunction with other watershed and lake management practices, should prove
beneficial by helping control nutrient over-enrichment and by providing needed fish
and wildlife habitat.

MANAGEMENT INITIATIVES,

1 . Promote through enforcement and education the elimination of use
of non-permitted aquatic herbicides -or other chemicals used by
adjacent property owners to control vegetation in the preserve.

2. Encourage local government and private (fee access) beach owners
to cordon off existing and planned designated swim areas to help
reduce/limit resource impacts outside these areas.

3. Coordinate with state, regional and local agencies (particularly the
local FDNR Bureau of Aquatic Plant Management Field Office) in the
aquatic plant control permit process to eliminate the non-permitted
removal of indigenous aquatic vegetation and to educate riparian
owners as to the impacts of vegetation removal.

4. Encourage through education and enforcement the proper methods
for docking boats to avoid negatively impacting nearshore vegetation.

5. Support and encourage riparian owners to replant native wetland
species, such as maidencane or spikerush, in areas currently devoid
of such vegetation along the shoreline.

3. BOATING AND ASSOCIATED ACTIVITIES

Major boating activities on the preserve include: fishing, skiing and pleasure boating
and as the population of Marion County has increased so have the number of
boaters. This trend should only intensify with the continuing influx of new residents.
Additionally, jet skis have become widely used throughout the preserve, and an
increase in this activity is also anticipated.

.Concurrent with these types of water related uses is an increase in possible
damage to the existing aquatic resources. Such damage could include: destruction

of shallow water aquatic vegetation, petro-chemical pollution (gasoline spills) and
increased disturbance to fish, wildlife and their habitats.

MANAGEMENT INITIATIVES:

1. Cooperate with the Florida Game and Freshwater Fish Commission,
Marion County Sheriffs Department and Coast Guard Auxiliary in
identifying and removing possible safety and navigational hazards
caused by non-permitted fixed or temporary structures.

2. Encourage studies on the types of boating and associated activities
believed to be potentially harmful to the aquatic resources, and
cooperate with the respective law enforcement agencies to assess
future needs to impose rules for boating activity.

3. Encourage and enforce the placement of private jet ski "mounts"
(structures constructed of PVC material which are elevated to water
level so as to allow the operator to ride onto the mount and park the
equipment) within areas previously approved for vegetation removal.

CHAPTER VI

MANAGEMENT ACTION PLAN

The objective of this chapter is to establish guidelines for the on-site management
and protection of the natural resources within the Lake Weir Aquatic Preserve.

Before an effective action plan can be designed to manage and protect natural
resources of the preserve, it is necessary to recognize the type of resources
present, their location, function, and importance. Additional efforts should
concentrate on identifying those activities or parameters that impact 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
strategies used in managing an aquatic preserve 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 Lake Weir includes: (1)
providing information on the ecological functions of the natural resources within the
preserve, (2) overseeing those activities that impact the natural resources within the
preserve, (3) ensuring that accurate resource information is considered in permit-
related issues and planning decisions, (4) ensuring that agency statutes and rules
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
values associated with natural resources, (8) conducting or cooperating with other
entities to conduct pertinent research projects, and (9) developing a comprehensive
management program that can be periodically updated.

A. RESOURCE MANAGEMENT

The overall goals of resource management within aquatic preserves are: (1)
conducting and 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 AJ: DEVELOP AND MAINTAIN A FULL RESOURCE INVENTORY

Obi ective A.1.11: To develop, maintain and update a resource inventory of
submergent and emergent vegetation.

Task A.11.11.11: Conduct an inventory of submergent, emergent and shoreline
vegetation using LANDSAT imagery, aerial photography and groundtruthing
efforts every three years.

Task A.1.1.2: Develop and maintain biological resource maps utilizing data
from this inventory (e.g. exotic plant control areas, wildlife areas, restoration
sites, special protection zones) to be consulted when assessing proposed
activities, restoration projects or other activities that may impact the natural
resources.

Objective A.1.2: To update the inventory of native wildlife species and their
habitats, including designated species.

Task A.11.2.11: Conduct a specific inventory of designated species and their
habitats by using data from available research studies and existing literature
every two years.

Task A.1.2.2: Conduct an expanded inventory of all native wildlife habitat
using available research studies and existing literature, every two years.

Task A.1.2.3: Use biological resource maps, native and designated wildlife
species inventories, on-site inspection surveys, and structure and cumulative
assessment surveys to provide for management area specific resource
inventories.

GOAL A.2: ASSESS THE EFFECT OF HUMAN ACTIVITIES

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

Task A.2.11.11: Survey and document all docks piers and other waterward
structures (private, public and commercial) to determine if a structure and
associated activity is or has previously impacted native vegetation. This
survey shall contain at a minimum the following information:

a) the physical dimensions of the structures surveyed (e.g. length, width,
total square footage and height above the current lake level);

b) the water depth at the waterward terminus of the structure(s);

c) the type of structure(s) (e.g. dock, pier, boathouse, etc.) and composite
materials;

d) the current functional condition and use (e.g. number, size and draft of
boats, diving, swimming, fishing) of the facility;

e) an inventory of the biological resources within a 25 foot radius of the
facility, and

other functions or impacts under the jurisdiction of Aquatic Preserve-
Submerged Lands rules.

Obiective A.2.2: To inventory and assess cumulative impacts on natural
resources.

Task A.2.2.1: Survey and record all boat launchings (access points), shoreline
stabilization structures, jet ski mounts, and altered or unvegetated areas to
document the following:

a) the type and intensity of the current use;

b) a description of the biological resources currently found onsite;

c) notable indicators of pollution;

d) length of altered shoreline;

e) structural dimensions (e.g. height, length, width) and composite materials)
of stabilization structures, and

f) the type and number of jet ski mounts.

Task A.2.2.2: Survey boating/jet skiing activity to assess any negative impacts
to the preserve through the intensified use of this and related activities with an
emphasis on incompatible uses.

GOAL A.3: RESTORE, ENHANCE OR MAINTAIN WATER QUALITY

Objective A.3.1: To coordinate with the Department of Environmental
Regulation, St. Johns River Water Management District and Marion County on
Improving water quality within the preserve.

Task A.3.11.11: Acquire, maintain and review past, current and future records of
water quality data of the preserve.

Task A.3.1.2: Assist in the implementation of applicable management programs
or projects designed to maintain or upgrade the water quality of the preserve,
as sponsored by the St. Johns River Water Management District SWIM program
and Marion County.

Task A.3.1.3: Provide assistance to the Department of Environmental
Regulation in an effort to further the OFW designation process of the preserve.

GOAL A.4: HABITAT RESTORATION

Oboective A.4.1: To identify unvegetated and disturbed shoreline areas as
suitable restoration sites.

Task A.4.1.1: Serve as liaison between the bureau and St. Johns River Water
Management District SWIM personnel and the Florida Game and Freshwater
Fish Commission on restoration projects proposed for the lake.

Task A.4.1.2: Provide biological assessments for those areas of the preserve
slated for restoration and monitor methods, techniques or procedures for
executing restoration projects.

Task A.4.1.3: Recommend, through the use of biological assessments and
other supporting documentation, sites which should be considered for
restoration work.

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

Obeective 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 representative for DNR Aquatic Preserves
and local government.

Task A.S.1.2: Assist local planners in the development of policies and
ordinances that regulate activities impacting sovereign 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 the existing submergent vegetation, (2) protection of
emergent vegetation, and (3) protection of habitat of designated species.

GOAL BA: PROTECTION OF SUBMERGENT AND EMERGENT VEGETATION

Ob*ectIve B.1.1: To minimize potential damage t o submergent and emergent
vegetation through the review of applications for use of state-owned
submerged lands within the aquatic preserve.

Task B.1.1.1: Field staff will coordinate with other units and the central office
in the development of a written policy describing a scientifically based,
standardized method to inventory the submergent and emergent biological
resources at proposed project sites. At a minimum this policy should include the
following information:

a) The area to be surveyed will be described:
1) as a polygon, and
2) it will include a buffer zone surrounding the project of sufficient size
so as to include a majority of the potentially affected area.

b) How the survey is to be performed:
1) Two areas within the survey area will be assessed:

i. the submerged bottom including:
� a description of all communities/habitats,
� a description of the bottom type,
� depth profiles,
� a physical description of the surrounding waterbody, and
� current lake level.

ii. the shoreline (where appropriate) including:
� a description of the vegetation,
� a description of any existing structures,
� notation of any nesting birds, and
� notation of any designated species.

c) a definition of a Resource Protection Area. This definition will be used to
determine if significant resources exist within the expected area of impact.
It will consider, but is not limited to:

1 ) floating and emergent plants,
2) submergent and floating leaved plants,
3) general bottom substrate condition,
4) fish nesting sites,
5) designated species, and
6) nesting sites for solitary or colonial birds.

Task B.1.1.2: If at the time of adoption of this 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 13.11.1.1 Coordinate with the appropriate regional DNR planner in
order to process the field staff comments in a timely manner.

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

Obeective B.1.2: To ensure that structures and projects that have been
authorized are in compliance with agency specified conditions.

Task 13.11.2.11: 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 DNR
Investigations Section.

Task B.1.2.3: Coordinate, when possible, with other appropriate agencies
which have regulatory authority for these projects.

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

TaskB.1.3.1: Report activities that do not appear to have been. authorized
to the DNR Investigations Section.

Task B.11.3.2: Coordinate when possible with other appropriate agencies
that have regulatory authority for these projects.

Oblective B.1.4: To ensure that human use of the preserve does not degrade
the submergent vegetation through turbidity.

Task B.1.4.1: Require that all projects such as dredge and fill or shoreline
stabilization projects use current turbidity controls.

GOAL B.2: PROTECTION OF SPECIES OF SPECIAL SIGNIFICANCE

Ob"ective 13.2.11: Ensure that these habitats are given maximum- protection.

Task 13.2.11.11: Discourage projects in areas known to be species of special
significance habitat areas.

Task B.2.1.2: Recommend the appropriate modifications to projects proposed
to impact designated species habitat.

C. RESEARCH

The effective management of any biological system relies almost entirely on
information relating to how a system functions. Research is the foundation upon
which this information is based. The goal of the research program for the Aquatic
Preserve Program is primarily geared towards applied research, rather than toward
basic or theoretical research. The goal of the research program is to gain a better
understanding of biological integrity of all resources within the aquatic preserve.

GOAL CA: INTEGRITY OF THE RESOURCE

Obllective C.1.1: To continue compiling research data relevant to the
protection of the resource.

Task C.1.1.1: Continue to accumulate data, research and management
studies to be used in assessing the status of the existing resources, to
update management area classifications, to supplement biological and other
surveys and to aid in the general management of the preserve.

Task C.11.1.@: Continue coordination efforts between and among those
managing agencies to ensure that pertinent research information is obtained.

Obiective C.11.2: Develop a comprehensive data base of those aquatic
resources which currently exist within the boundaries of the preserve.

Task C.1.2.1: Pursue at the bureau level and through grant proposals,
funding to secure the most up-to-date computerized technology (including
a GIS system) available to store, retrieve and view resource related data.

Task C.1.2.2: Continue to compile data, studies etc., as referenced in
Tasks C.1.1.1: and C.1.1.2.

Task C.1.2.3: Supplement existing resource maps and photographs, with
additional available historical and current materials.

Obeective C.11.3: Coordinate -the use of research findings into both
management decisions and resource education programs.

Task C.1.3.1.: Keep abreast of current and historical research and
monitoring activities making scientific information available to decision-
makers.

Task C.1.3.2: Review historical and ongoing research and monitoring studies
to enable staff to update resource oriented education programs.

D. ENVIRONMENTAL EDUCATIONANFORMATION PROGRAM

The role of the Aquatic Preserve Program in environmental education is largely to
coordinate and augment existing programs conducted out of the local school
system(s), the Florida Department of Education, or other state agencies. Education
programs are conducted in an effort to meet the overall program goal of
maintaining aquatic preserves at their current level of environmental quality for
future generations. The target population of education programs at the Lake Weir
Aquatic Preserve includes: adjacent upland landowners, developers, commercial
and recreational resource users, students and government agencies.
The involvement of aquatic preserve staff in public education will focus on the
development of both programs in the school system and to the public at large.
Specific areas of involvement may include: developing informational pamphlets,
brochures, or booklets; conducting lectures or classes; development of public
service announcements for television - and radio; and, development of video
programs and other teaching aids that can be used by public school systems in
their daily instruction to students.

Two DNR publications, Environmental Education in Florida: Needs and Goals, and
A Guide for Environmental Education, serve as important resource documents for
environmental education programs in aquatic preserves.

GOAL DA: PUBLIC EDUCATION OF WISE RESOURCE USE

Oblective D.1.1: Upgrade present staff and equipment level to provide for
expanded educational activities.

Task D.1.1.1: Pursue at the bureau level, funding to provide for (1) full-time
education specialist position.

Task D.1.1.2: Upgrade present educational information and equipment to allow
for further development of educational program.

Obiective D.1.2: To formulate programs using visual aids and literature that
provide or assist in environmental education to. the community at large.

Task D.1.2.1: Develop brochures, pamphlets and/or booklets in conjunction
with other interested agencies/organizations.

Task D.1.2.2: Disseminate the material developed in Task D.1.1.1. to local
schools, interested environmental organizations, libraries and other
governmental agencies.

Task D.1.2.3: Develop a network of outdoor displays to be constructed in
conjunction with Marion County at public access points to the aquatic preserve.

Task D.1.2.4: Periodically prepare newspaper articles or radio announcements
designed to inform/educate the general public as to the importance of making
informed resource-use decisions.

Oblective D.1.3: To provide assistance to environmentally oriented education
programs at public and private schools and local educational centers.

Task D.1.3.1: Conduct or assist in informal seminars, classes, workshops for
public discussion of current resource management issues and resource
utilization.

Task D.1.3.2: Coordinate with other resource management agency personnel
to co-sponsor exhibits, programs or other educationally oriented activities.

Task D.I.3.3: Periodically lead or assist in field trips into the aquatic preserve.

Task D.1.3.4: Develop a reference library of material relevant to the natural
resources of the Lake Weir Aquatic Preserve and make the contents available
for loan to educators.

CHAPTER V111

MANAGEMENT COORDINATION NETWORK

This chapter presents a general overview of those federal, state, regional, or local
agencies, and private entities, which currently have regulatory or resource
management interests in the Lake Weir Aquatic Preserve. A quick reference matrix
of the specific agencies and their applicable jurisdictions is presented in TABLE 5.
One of the goals of the Aquatic Preserves Program is to coordinate with these
various entities in an effort to achieve common goals, pertinent to resource
management.

It should be noted that many of the following federal, state and local agencies with
jurisdictions in the preserve may impose additional permit requirements on activities
previously outlined in Chapter IV of this plan.

A. FEDERAL AGENCIES

A number of federal agencies have property interests, land and wildlife
management programs, research activities, construction activities, and regulatory
programs that deal either directly or indirectly with aquatic preserves.
In accordance with the federal consistency review process the Bureau of
Submerged Lands and Preserves Program reviews activities proposed by federal
agencies to determine how they will affect aquatic preserves. This review is
coordinated through the Florida Department of Environmental Regulations' Office
of Coastal Management, so as to comply with the provisions of the Federal Coastal
Zone Management Act of 1972, as amended.

The U.S. Army Corps of Engineers (COgI 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 them to consider the
fish and wildlife, conservation, pollution, aesthetics, ecology, and other relevant
factors of a project. The Corps' Regulatory Program was expanded 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 by the Corps and has since been extended to wetlands
from amendments to the CWA in 1977.

The U.S. Department of Agriculture (D0AJ is involved in resource management
through its Soil Conservation and Agriculture Stabilization and Conservation

Services. Major Soil Service concerns center on furthering conservation methods
to help reduce water runoff and concomitant soil losses. The Stabilization Service
exists to help solve pollution, water and woodland problems, associated with farm
and ranchlands.

The U.S. DeRartment of the Interior (DOI) performs a variety of services affecting
wildlife and resource management through its Fish and Wildlife Service and
Geological Survey. The U.S. Fish and Wildlife Service (USFWS) has responsibility
for fish and wildlife as authorized in the Coastal Resources Barrier Act, National
Environmental Protection Act, Migratory Bird Act, Endangered Species Act, and
Fish and Wildlife Coordination Act. "Under provisions of the Fish and Wildlife
Coordination Act, the Fish and Wildlife Service- must be consulted before the Corps
of Engineers can submit a plan for congressional approval. The -USFWS comments
on the impact of proposed projects on endangered species, migratory birds and
other fish and wildlife and their habitats" (Barile et al., 1987). They are directed to
prepare environmental impacts assessments or statements for proposed projects
by the Corps, and are authorized to issue "Jeopardy Opinion" against any
proposed project which will negatively effect an endangered species (Barile et al.,
1984). The U.S. Geological Survey (USGS) performs a variety of functions
including: topographical and mineralogical surveys, stream flow, river flow and
general water quality monitoring, lake level and water, use monitoring and the
periodic publication of resource data.

The U.S. Environmental Protection Agency (EPA
I has jurisdiction over surface
waters in the state. Enforcement authority was given under the Clean Water Act
of 1972 and broadened under the 1977 revision. In general, EPA is responsible for
pollution control and abatement, including: air, water, noise, solid waste, toxic
waste, and radiation. They review permits issued by DER 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.

B. STATE AGENCIES

Many state agencies have property interests, land and wildlife management
programs, research activities, regulatory authority and construction activities within
the preserve. Additionally, DNR administers other programs which may affect the
resources and watersheds of the preserve.

The Florida Department of Agriculture and Consumer Services (AC61 provides
services to the agricultural interests of Florida such as the state's farmer's markets,

while simultaneously regulating the purchase and use of restricted pesticides. This
department also serves to manage soil drainage and control problems through its
network of Soil and Water Conservation District offices located throughout the state.

The Florida Department of Community Affairs (Q9JA and the Regional Planning
Councils (RPC) are authorized under Section 380.06, F.S., for administering the
Development of Regional Impact (DRI) 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.

The Department of Community Affairs also oversees the development of Local
Government Comprehensive Plans (LGCP) for both counties and municipalities, as
required by the Local Government Comprehensive and Land Development
Regulation Act, Chapter 163, Part 11, F.S. Subsection 163.3202(5), F.S., provides
that DCA shall adopt rules for the review of local government land development
regulations. Local governments are required to adopt land development regulations
which are consistent with the adopted local comprehensive plan for one year after
submission of the local comprehensive plan for review by the department pursuant
to subsection 163.3167(2), F.S.

The Florida Department of Environmental Regulation (DERI is responsible for
regulating air, water, noise, wastewater, stormwater, and hazardous waste pollution
through a permitting and certification process. DER also serves as the state
contact for the initiation of dredge and fill applications in conjunction with the COE
and DNR. The permitting process is a key management tool for the protection of
the preserve.

The DER's rules significant to the Lake Weir Aquatic Preserve are Chapters 17-4
and 17-312, F.A.C. Authority for these rules is based in Chapter 403, F.S. 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 use of state-owned lands shall
have prior approval of the Board of Trustees. An interagency agreement between
DNR and DER provides for DNR staff comments into the DER permitting process
for environmental impacts in the aquatic preserve.

The Florida Department of Health and Rehabilitative Services (HBS has
I
responsibilities to protect the public's health by overseeing functions that involve
water supplies, on-site sewage disposal, septic tank cleaning, and solid waste
control. Authority for these responsibilities are found in Chapter 154, 381, and 386,

F.S., and in the 10D Series of F.A.C., known as the "Sanitary Code". The local
county HRS office (County Health Department), has jurisdiction overseeing these
responsibilities.

The 'Florida Department of Natural Resources (DNRI is responsible for
administering a large and varied number of management and regulatory activities
regarding the state's natural resources. Of particular importance to the aquatic
preserve system are the Division of State Lands and the Division of Resource
Management.

Division of State Lands (DSQ - Under Chapter 18-20, F.A.C., the "Florida
Aquatic Preserves Act", and Chapter 18-21, F.A.C., the "Sovereignty
Submerged Lands Act", the DNR has been authorized to regulate
commercial and residential docks (and other structures and activities)
conducted on state-owned submerged lands. The DSL has been delegated
the authority to carry out this charge and has accordingly delegated this
authority to the Bureau of Submerged Lands and Preserves (BSLAP) and its'
thirteen field offices.

Division of Resource Management (DRW - Pursuant to Chapter 16-20,
F.A.C., "Aquatic Plant Control Permits", DNR has been authorized to control
aquatic vegetation. The responsibility for overseeing the mechanical,
biological or chemical control of aquatic plants has been delegated to the
DRM and its' Bureau of Aquatic Plant Management. The local BAP office
currently processes individual vegetation control applications on Lake Weir,
while the management of exotic species, on the preserve, has been
contracted to the St. Johns River Water Management District.

The Florida Department of State (DOS) Division of Historical Resources (DHRi
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 -Florida Department of Transl2ortation (DO][) is involved with aquatic
preserves in that they maintain many of the highways, bridges, and causeways that
abut and span the preserves.

The Florida Game and Freshwater Fish Commission (FGFWFC) authority is
provided in the rules and regulations of Chapters 39.101 and 39.102, F.A.C. This
authority involves the implementation of specific regulations and their enforcement,

for all wildlife. The office of Environmental Services reviews projects which may
affect local fish and wildlife habitat. FGFWFC is the state coordinator of the Non-
game Wildlife and Endangered Species Program in Florida. The Division of Wildlife
is also responsible for designating species. They also oversee habitat restoration
and fish restocking of freshwater rivers and lakes. The FGFWFC also has law
enforcement officers that patrol the aquatic preserve.

The Executive Office of the Governors' Office of Planning and Budgeting in
conjunction with the FDER's Coastal Zone Management Section, 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 assistance or direct 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. This includes
projects affecting resources in aquatic preserves.

C. REGIONAL AGENCIES

In addition to state and federal agencies, two regional agencies play a major role
in the use and management of this preserve. These organizations conduct or
regulate activities that are on a broader scale than those of local governments, but
smaller in scale than the state level. These two agencies are the St. Johns River
Water Management District and the Withlacoochee Regional Planning Council.

The St. Johns River Water Management District (SJRWMD) administers
permitting programs for consumptive water use, management and storage of
surface waters, well drilling and the operation and regulation of artificial recharge
facilities. The District's concerns also include flood prevention, excessive drainage,
soil erosion, the issuance of agricultural discharge and stormwater permits and
wetland conservation. The District is currently involved in various studies of the
preserve, and other waterbodies in the area, in an effort to identify excessive levels
of nutrients, potentially hazardous pollutants and wetland habitat loss and
restoration feasibility. Also, the District is currently responsible for controlling the
exotic plant species population (through its herbicide application program) on the
Lake Weir Preserve.

The Withlacoochee Regional Planning Council (LURPQ serves as a regional
planning body for numerous central Florida counties including Marion County.
Among its duties are: aid local government with planning expertise, review DRI's
(Development of Regional Impact) at the regional level, serve as a clearinghouse

for federal and state projects and programs, relay information from the local to the
state and federal levels, assist local governments in obtaining grants and prepare
and administer the Regional Policy Plan.

D. LOCAL GOVERNMENT

Local governments are the incorporated cities and counties that border the
preserve, or in which the preserve is located.

The Lake Weir Aquatic Preserve is located entirely within the boundaries of Marion
County, and as such, the aquatic resources are impacted by- those activities
regulated by the county's comprehensive plan, and its local ordinances and
regulations.

Relationship to Local Management Plans

Local (municipal and county) governments are required by the Local Government
Compreshensive 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 have a comprehensive management plan
with elements relating to different governmental functions (i.e., housing, physical
facilities, conservation, land use, coastal zone protection, etc.). These plans, in
effect, are intended to guide the future development of the city or county. Recent
statutory amendments require that these plans be updated and that cities and
counties adopt land development regulations. The land use and conservation
elements establish 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 compreshensive plan is required for all development within the
local government jurisdiction.

The intent of the aquatic preserve management program, and this plan, is to help
provide guidance for county governments during their planning process, towards
developing local plan criteria and standards that will be consistent with the
objectives of the aquatic preserve program. A review, by DNR staff of the pertinent
resource protection elements of Marion County's plan, has yet to be performed.

Local DevelORment 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 uses and land use intensities adjacent to an aquatic preserve 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.

Parks and Environmental Land Acguisition Programs

Various counties throughout the state have developed land purchase programs with
the goal of protecting environmentally sensitive properties from development, and
promoting outdoor recreational use. In 1988, Marion County bonded $20,000,000
to fund its newly founded land acquisition program entitled Pennies for Parks.

Carngy Island

Instrumental to the continued public utilization of the aquatic resources within the
preserve, is the protection or regulation of those environmentally sensitive
resources found on the adjacent uplands. Of similar concern is the actual use to
which these upland resources may be employed. In an effort to protect some of
these resources, funds from the Pennies for Parks program have been used to
purchase a 453 acre parcel of lakefront property known as Carney Island.

Carney Island (or peninsula) a remnant citrus grove, currently exhibits a habitat mix
of sandhills, mesic hammock, lakeshore and freshwater marsh. Included in this mix
of habitats are over 24 species of terrestrial and aquatic plants, and a variety of
wildlife which use the area for food and nesting habitat. It has also been suggested
that the sandhill areas in this tract act as recharge areas for both Little Lake Weir
and Lake Weir proper.

In consideration of protecting these environmental resources, while simultaneously
providing for the outdoor recreational needs of the county, the Marion County
Planning Department is currently developing a recreational/preservation site
development plan. Some of the potential activities proposed for the site include:
hiking trails, swimming area, increased boating access, fishing/mooring facilities,
and an interpretive/meeting center.

The development and management of the Carney Island site will allow visitors to
utilize and enjoy those natural resources which the county has sought to protect.
Concomitantly, this added protection of, and increased access to the aquatic
preserve will allow visitors to utilize and enjoy the preserve itself, an integral
recreational component of the parks outdoor opportunities.

E. PRIVATE AND NON-REGULATORY INTERESTS

This section applies to the private and non-regulatory organizations that have an
interest in the Lake Weir Aquatic Preserve. This includes, but is not limited to,
environmental interest groups (i.e., Save Lake Weir Association) scientific
organizations, fishing and sports interests groups, universities which may have
programs or research projects in the preserve (i.e., University of Florida, IFAS -
Lake Watch Program) and any other interest group.

Effective management of the preserve will be enhanced by continued support from
organized groups, associations, and individuals. Citizen support organizations are
particularly valuable through the provision of technical, non4echnical, and financial
assistance.

The Save Lake Weir Association (SLWA) has been deeply involved in the resource
management efforts of the Lake Weir Aquatic Preserve. Not only was the
Association involved in the initial designation of Lake Weir as an Aquatic Preserve,
they are also responsible for increased public awareness of lake management
practices through the distribution of brochures, and the sponsorship of
environmental workshops. They also played an integral role in the acquisition
process which has secured Carney Island for the Marion County Parks program.
Continued cooperation with the SLWA will receive high priority in the resource
management efforts of this preserve.

rr,P,nm.E: 5 MALWAC=1EM1EMrr (--C)C31Q.nTWAArrTC)M M1Er-VWC)1R.1<

LOCAL AGENCIES REGIONAL AGENCIES

LGT Local Governments (Cities, Towns, RPC Regional Planning Council
Municipalities) WMD Water Management Districts
CGT County Governments FIN Florida inland Navigation District
LDD Local Drainage Districts
MCD Mosquito Control Districts
ICD Inlet commissions/Districts

SWC Soil and Water Conservation Districts

FEDERAL AGENCIES

STATE AGENCIES
CG United States Coast Guard
DCA Florida Department of Community Affairs COE United States Army Corps of
DER Florida Department of Environmental Engineers
co Regulation EPA United States Environmental
DNR Florida Department of Natural Resources Protection Agency
GFC Florida Game and Freshwater Fish FWS United States Fish and Wildlife

Commission Service
HRS Florida Department of Health and NMF National Marine Fisheries Service
Rehabilitative Services GS United States Geological Survey
DOS Florida Department of State
DOT Florida Department of Transportation
FMP Florida Marine Patrol

FSG Florida Sea Grant

MFC Marine Fisheries Commission
DAC Florida Department of Agriculture and
Consumer Services

Source: modified from the Indian River Lagoon Joint Reconnaissance Report, 1987

Local Regional State Federal
LGT CGT LDD IMCD 1CD ISWC IRPC WMD FIN DAC DCA DER DNR GFC URS DOS IDUr FMP FSG MFC C COE EPA VWS NMF Gs
Dredge and Fill Permitting 0 0 0 0
0,
Docks, Fishing Piers, Seawalls 0 0 0 0
........ .... ... .......

.. ........ ........
Marinas 0 0 0 0 0 0
Submerged Lands Management
......... ...
. .. ......
Habitat Protection 010. w . ...... 0 0 0 0 0 0
.. ... . . . ........
Mangroves/Wetlands Protection 0 0 0 0 0 0
x
Seagrass Protection 0 0 0 0
... ........
Habitat Restoration 0 . ........ 0 0.0 0 0

......... ..
Mangroves/Wetlands Restoration 0 0 0 010
....... ... .......
Seagrass Restoration . ........ 0 010
.... ..... ..
Resource Inventory 0" 0 010 0 0 0
. . . ....... .
Manatees/Porpoises 0 1 .......
01 IN
Endangered Species 0 0 w 010 10 0 0 0
........ ...
0 0 0
sheiinsh/Agoaculture 0 0 E'... I
..... . .. ...... . . . .
..... . ...... . ........ ..... ...... ........
0 0 0
Public Aware ness/Education 01 0 0 0 0
00
01
Research 0 0 010
.. ...... .......... ......
Msherles Research 0 0 0 010
010
........ ........
........ ........
Fisheries Management 0 ....... 0 0 ... ....
Recreational Fishing 0 0 0 1 0 010
.... . ... . .

X.:
Commercial Fishing .. .... ...... 0 0 0 0 0
Wildlife Management 0 0
. ........ . . ........
Mosquito Impoundments 0 0 0 10

...... ........
Historical/Archeological Sites a 0 X.: 0 0 0 .......
W.-
X
:j
0 d v
Water Quality 0 0 0 0 0 0 0 0. 1 U
... .. .. . ........
Nonpoint Source Pollution 0 0 0 ::.:.W 0 0 0 0 10 1 ... .. ... .. ........
Point Source Pollution 0 0 0 0 0 0

4:: 4
Oil/Chemical Spills 0 -.0 0.0
...... ....... ...
Drainage/Freshwater Control 0 0 0 0 0 010 1 1
....... .. .
Emergency Response 0 0 0 010 0 1 0 1
0:
0, :xxx 0;
Upland Development
....... ...

..... ......... ..
Land Use Planning 0 0 0

X
Navigational/Boating 0 0 . ... .. 0 0 0 0 0
Recreational Areas 1010, 0 0.
0 0
Bridges and Roads 0

CHAPTER Vill

STAFFING AND FISCAL NEEDS

The present Aquatic Preserve management program has been implemented and
funded from a variety of sources. The writing of this management plan was funded
through a grant from the U.S. Office of Coastal Zone Management, National
Oceanic and Atmospheric Administration, and through the "Coastal Zone
Management Act of 1972", as amended.

Funding for the initial start-up and continued operation of the Lake Weir Aquatic
Preserve field office, has been provided by the Florida Legislature. As of the writing
of this plan, staff have been limited to two full-time Career Service personnel. One
additional OPS position, a grants writer has been requested for the '91-'92 fiscal
year. This position is viewed as necessary, so that funds may be secured to
increase the research efforts at this preserve.

Proposed increases in the equipment/expense categories have been requested,
to help expedite inner and inter-office communications and tasks related to
paperwork processing. Requested increases in the field equipment category would
be used to modify/update existing equipment.

Continued funding and staffing of the Aquatic Preserve Program are essential if the
goals and objectives of the program are to be realized. The additional revenues
requested represent an increased effort to facilitate those individual preserve-
oriented strategies which are representative of the program goals, on the whole.

An operational budget for field office staff indicating current and anticipated
spending levels, is listed in Table 6.

TABLE 6

CURRENT AND ANTICIPATED BUDGET FOR
LAKE WEIR AQUATIC PRESERVE

SALARY 1990-91. 1991-92

Environmental Specialist 11 $33,836 $34,851
(with benefits)

Secretary Specialist $17,255 $17,773
(with benefits)

OPS -0- $12,000
(without benefits)

Subtotal $51,091 $64,624

OPERATING EXPENSES

Office Equipment -0- $2,401

Field Equipment -0- $ 250

Office rent, gas, etc. $17,930 $22,250

Subtotal $17,930 $24,651

TOTAL ANNUAL COST $69,021 $89,275

CHAPTERIX

RESOURCE AND ACTIVITY MONITORING PROGRAM

To ensure that this management plan is effectively implemented, it will be necessary
to develop two programs that will: (1) monitor the natural changes or human
induced alterations over time, and (2) record the progress and accomplishments
that are directed at maintaining the integrity of the preserve. These monitoring
programs will consist of the following:

A. RESOURCE MONITORING

To facilitate monitoring changes or alterations in the lake's 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 initial GIS programs were developed about 20 years ago to manage large
collections of natural resource and environmental information. Since their
development, they have been employed in other areas such as: utilities mapping,
inventory management and land use planning; however, their most important
function continues to be natural resource management.

It should be noted here that in addition to those studies referenced earlier in the
plan, the St. Johns River Water Management District (SJRWMD) has developed a
list of projects through the Surface Water Improvement and Management Program.
Many of these projects are designed to investigate or address water quality or
aquatic resource issues (including the Lake Weir Eutrophication Study) and should
be of value as a resource data base for the aquatic preserve.

Inter-agency cooperation with the SJRWMD and the Florida Game and Freshwater
Fish Commission (FGFWFC) (in regards to wildlife monitoring) should be helpful in
monitoring changes in the natural resources within and adjacent to the preserve.

B. PROGRESS MONITORING

For this phase of the management plan to be effectively implemented, it is
necessary to monitor the progress and accomplishments of the Lake Weir Aquatic
Preserve Field Office on a regular basis. The purpose of this element is to detail
the offices accomplishments in view of the objectives outlined in Chapter VI. This
information, should be submitted in a report once every three years to the Bureau
Chief and should include an update as to the status of the biological resources
within the preserve and the identification of current human activities. This
information will be used in the development of a state-wide status report regarding

the Aquatic Preserve Management Program which will focus on: resource
deterioration, compatible and non-compatible use activities, and appropriate
management strategies. The field office report will include information concerning
the following topics:

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 the preserves biological resource (e.g.,
vegetative loss or gain).

b. Identify the number of current structures or activities which have been
completed. These occurrences will then be categorized as follows:

1 authorized projects - (consent from DNR has been obtained)
2) unauthorized projects - (consent from DNR has not been obtained
or has been denied)
3) authorized projects not in compliance - (consent from DNR was
obtained however the project is not in compliance as stipulated to
in the original authorization)

2. A list of accomplishments related to the tasks outlined in Chapter VI.

a. Each task will be listed, and the activities done toward that task will be
detailed. If the task has not been done, 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 Vill can be made.

3. Any new goals and/or objectives will be reflected in an update of Chapter
V1.

BIBLIOGRAPHY

Anderson, G. and W. Faulkner. 1973. Water Resources of Marion County, Florida.
FL. Bur. of Geol. Map Ser. No. 53 (Map).

Archaeological Consultants, Inc. 1987. Archaeological Survey of Marion County
Florida. Sarasota, FL.

Berner, L. 1950. The Mayflies of Florida. University of Florida Press, Gainesville,
FL.

Bureau of Economic and Business Research. 1990. College of Business
Administration, University of Florida, Gainesville, FL.

Crissman, T.L., A.E. Keller, J.H. Jones, H. Meier and J.R. Beaver. 1988. Lake Weir
Eutrophication Study: Final Report for Phases I and 11. Department of
Environmental Engineering Sciences, University of Florida, Gainesville,
Florida. A study for the St. Johns River Water Management District, Palatka,
FL.

Crissman, T.L., A.E. Keller, J.H. Jones, H. Meier and J-R. Beaver. 1991. Lake Weir
Eutrophication Study: Final Report for Phases Department of
Environmental Engineering Sciences, University of Florida, Gainesville,
Florida. A study for the St. Johns River Water Management District,
Palataka, FL.

Fernald, E.A., D.J. Patton., editors. 1984. Water Resources Atlas of Florida. Florida
State University. Tallahassee, FL.

Florida Dept. of Natural Resources. 1988. Southwest Region. Bi-annual Aquatic
Plant Survey and Management Report. Floral City, FL.

Florida Game and Freshwater Fish Commission. 1987. Central Region. Fish
Management Annual Progress Report. Ocala, FL.

Florida Game and Freshwater Fish Commission. 1989. Central Region. Lake Weir
Investigations: Completion Report. Ocala, FL.

Florida Natural Areas Inventory. 1990. Matrix of Habitats and Distribution by County
of Rare/Endangered Species in Florida. Tallahassee, FL.

Harris, S.W. and W.H. Marshall. 1963. Ecology of Water Level Manipulations on a
Northern Marsh. Ecology 44 (2):331-343.

Historic Property Associates, Inc. 1990. Final Report: Marion County Historic
Preservation Project. St. Augustine, FL.

Marion County Board of County Commissioners. 1991. Draft, Marion County
Compreshensive Plan. Marion County, FL.

Messer, JJ 1975. An Analysis of Nutrient Loading and Trophic Conditions in Lake
Weir, Florida. Ph. D. Dissertation, University of Florida, Gainesville, FL.

Reid, G.K., R.D. Wood. 1976. Ecology of Inland Waters and Estuaries. New York,
NY: D. Van Nostrand Company.

St. Johns'River Water Management District. 1991. SWIM Plan for the Upper
Oklawaha River Basin (Draft). SJRWMD, Palatka, FL.

Tarver, D.P., J.A. Rodgers, M.J. Mahler, and R.L. Lazor. 1986. Aquatic and
Wetland Plants of Florida. Bur. of Aquatic Plant Mgmt., Florida Dept. of
Natural Resources. Tallahassee, FL.

U.S. Congress. Office of Technology Assessment. 1984. Water Resources Atlas
of Florida; Wetlands Their Use and Regulation. Washington D.C.

U. S. Environmental Protection Agency. Office of Research and Development.
1976. Impacts of Construction Activities In Wetlands of the United States.
EPA-600/3-76-045, Washington D.C.

U.S. Fish and Wildlife Service. 1980. Atlantic Coast Ecological Inventory. Daytona
Beach, Florida. U.S. Geological Survey. Reston, VA.

University of Florida, Institute of Food and Agricultural Sciences, Center for Aquatic
Plants. 1990. Gainesville, FL.

APPMWDIX A

Relevant Legislation
V. 9, P. 692-20 18-20.002

CHAPTFR 19-20 (c) To ctinrdinate with federal. state. and local
FLORIDA AQUATIC PRESERVES agencies to aid in carrying out the intent of the
19-20-001 Intent. Lxgisiature in cre ting the preserves;
19-20.002 Boundaries and SLopc (if the W To use applicable federal, state. and Inml
Preserves. management programs, which are compatible with
19-20.003 Definitions. the intent and provisions of the act and these ruies.
1 &20.004 Management Policies, Standards and to assist in managing the preserves:
and Criteria. (e) To encourage the protection, enhancement
19-20.005 Uses. Sales, Leases. or Transfer of or .restoration of the biological, aesthetic. fir
Interests in Lands, or Materials. scientific values of the preserves, including but not
Held by the Board. (Repealed) limited to the modification of existing manmade
18-20.006 Cumulative Impacts. conditions toward their natural condition, and
18-20.007 Protection of Riparian Rights. discourage activities which would degrade the
(Repealed) aesthetic. biological. or scientific values, or the
18-20.008 Inclusion of Lands,'ritic to Which quality, or-utility of a preserve, when ivviewing
Is Not Vested in the 13,oard. in a applications. or when developing and implementing
Preserve. management plans for the preserves;
18-20.009 Establishment for Expanslion fir (r) To preserve, promote. and utilize indigenous
Aquatic Preserves. life forms and habitats. including but not limited to:
18-20.010 Exchange of Lands. sponges, soft coral. hard corals, submerged grasses,
18-20.011 Gifts W Lands. mancroves, salt water marshes. fresh water
18-20.012 Protection fir Indigenous Life marshes. mud flats, estuarine. aquatic. and marine
reptiles, game and non-game fish species. estuarine,
Forms. aquatic and marine invertebrates, estuarine,
18-20.013 Development of Resource aquatic and marine mammals, birds. shcIlrish and
Invensorics and Management mollusks;
Plans for Preserves. (g) To acquire additional title interests in lands
19-20.014 Enforcement. whoever such acquisitions would serve in pmteci fir
18-20.015 Application Form. (Repealed) enhance the biological. aesthetic, or s6critific vaiucs
18-20.016 Coordination with Other fir the preserves;
Governmental Agencies. (h) To maintain those beneficial hvdroloeic and
16-20.017 Lake Jackson Aquatic Preserve. biokm3ic functions. the benefits of wh 'ich 2-1 e 10
the public at large.
L Henry Dwn. 55 FU. Barj. 247. 250 (Mar, 1981). (4) Nothing in these rules shall serve to
IS-20.001 Intent. eliminate or alter the requirements or authority or
(1) All sovereignty lands within a preserve shall other governmental agencies, inciuding counties
be managed primarily for the maintenance of and municipalities, to protect or enhance the
essmtialiy natural conditions, the propagation fir preserves provided that such requirements or
fish and wildlife, and public recreaLi0ft, including authority arc not inconsistent with the act and this
hunting and fishing where deemed appropriate by ch'P"
the board, and the managing agency. Specific Auttirwisr 120.53. 258.43(t) F.S. Law
(2) The aquatic preserves which are described in [email protected],-.2.58.3-).258.39.IFS.
C-*hapter8O-2801.awsofFkAnda.Himorv-New2.2341.
73-534, Laws of Florida, Sections 258.39, 258.391, Amended 8-7.95. Farmcriy 16Q.20.01.Transierred1mm
258.392 and 258.393, Florida Statutes, future leQ-20.001.
aquatic preserves established pursuant to general or
special acts of the lcgisLaLUrr- and in Rule 18-20.002 Boumlaries and Scope of the
18-20.OOZ Florida Administrative Code. were Prvwrves.
enablished for the purpose or being preserved in an (1) .These rules shall only apply to those
essentially natural or existing condition so that their s0verOgnty lands within a p. rvc, title to which is
aesthetic, biological and scientific values may vested in the board, and those other lands for which
endure for the ekioyment of future generations. the board has an appropriate instrument in writing,
(3) The preserves "i be administered and cxecuted by the owner, authorizing the inclusion a(
managed in accordance with the following goaL= specific lands in an aquatic preserve pursuant to
(a) To preservo_- protem, and enhance thew Section 2(2) of Chapter 73@534, Laws or Fioricia,
exceptional areas of sovereignty submerged lands by Sections 258.40(t) and 258.41 (5), Florida Statutes,
reasonable rtgulaLiOn or human activity within the future aquatic preserves estabiished through
preserves through the development and general or special acts of the legislature. and
implementation of a comprehensive management Pursuant to Rule 18-20.068. Florida
program; Administrative Cride. Any publicly owned and
W To protect and enhance the waters or the maintained navicaLion channel authorized bv the
preserves so that the public may continue to enjoy United States dringress, or other public works
the traditional recreational uses fir those waters such project authorized by the United States Congress,
as swimming, boating, and fishing-, 6esigned it) improve or maintain commerce and
navipuon shall be deemed to be excluded from the

1920.002 qMMRNAL qDAPROVEMENT -MUST FUND V. 9 p. 6922P

previsions of this chapter. pursuant to SubsWi 181, pages 363-366and in he Official Records of
2q58.4q0q(2), Florida Statutes. Furthermore. all lands Fqlagier County in Book 3q3, pages q13q1-q134.
lost by avulsqion or by artificially induced erosion 4. Tomoka Marsh Aquatic Preserve, as
shal I be deemed excluded from the provisions of this described in the Official Records of Flagqier County
chapter pursuant to Subsection 25q9.40(3), Florida In Book 33. pages 13q5-138, and in the Official
Statutes. Records of qVoqiusia County In Book 1244, pages
(2) These rules do not apply to Boca Cieqga Bay. 61q5-618.
Pinellas County or Biscayne Bay Aquatic qS. Wekiva River Aquatic Preserve. as described
qPreseqmqm in Section 2q58.39(30). F.S.
(3) These rules am promulgated to clarify the 6. Mosquito Lagoon Aquatic Preserve. as
responsibilities of the board in carrying out its land described in the Official Records of Volusia County
management functions as those functions apply in Book 1244. pages 019-62q3, and in the Official
within the preserves. Implementation and Records or Brevard County in Book 1q14q3. pages
rqmpnnsibilqity for environmental permitting or 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preqwrvc. as described
preserves am vested in the Department of in the orqrqicial Records of qBrevard County in Book
Environmental Regulation. Since thew rules are - 1143. pages 195-198. less thine qiandsdediqunied to
cnnsidered cumulative with other rules, a person the U. S. A. prior III the enactment of the act. until
planning an activity within the preserves should such time as the U. qS. A. no qloriecr wishes to
also consult the other applicable department rules maintain such lands for the purpose q(or which they
(Chapter . 18-2 1. Florida Administrative Code, for were dedicated. at which time such lands would
example) as well as the rules of the Department of revert to (he Ward, and he managed as qpari of the
Environmental Regulation. preserve.
(4) These rules &hall not affect previous actions 8. Indian River - Malabar to Sebastian
of the board concerning 'the issuance of any Aquatic Preserve. as described in the Ofqricial
casement or qleasc; or any disclaimer concerning Records (if qBrevarqd County in qLq34ook q1q143. pages
sovereignty lands. 19q9-202. and in the Official Records of Indian
(q5) The intent and specific provisions expressed River 4qCAountqy in Book .q168, pages 5-8.
n 18-20.001(c) and (qf) apply generally to all 9. Indian River - 'Vero Bcach to Fort Pierce
existing or future aquatic preserves within the scope Aquatic Preserve, as described in the 4qO6qMciaql
of this chapter. Upon ctimpqiction of a resource Records or Indian River County in Book 36q8. pages
inventory and approval of a management plan for a q9-qI4qZ and in the Official Records oqr St. Lucie
preservc, pursuant to q16q&20.013, the type County in Book 187, pages 1083-1086.
designation and the resourqm sought to be preserved q10. Jensen Beach to Jupiter Inlet Aquatic
may be readdressed by the Board. Preserve. as described in the Official Records oqr St.
(6) For the purpose oqf clarification and Lucie County in Book 218. pages 2865-286q9.
interpreqution, the qiepl qdcscriqption set forth as 11. North Fork, St. Lucie Aquatic Preserve. as
follows do not include any land which is expressly described in the Official Records oqr Martin County
mcoqg. ized as privately owned upland in a in Boi)k 337, pages 2159-2162, and in the Official
pre-existing recorded mean high water line Records of St. Lucie County in 1q3,ook 201. pages
sqatq1cment agreement between the bnard and a 1676-1679.
private owner or owners. Provided. however, in 12. Laxahatchec River - Lake Wnrth Creek
those instances wherein a settlement als. cc.. ent was Aquatic Preserve, as described in the Oqfqraciaql
executed subsequent to the passage of the Florida Records of Martin County in Book 32q0, paires
4qGoamal Mapping Act, the qdeteqminatqion or the 193-196, and in the Official Records or Palm Beach
mean high water line shall be in accordance with the County in. Volume 1860. paqgqm 806-809.
provisions of such ar- 13. qBisqmqyne Bay - Cape Florida to Monrqm
q(7) Persons interqmed in obLaining details of County Line Aquatic Preserve. as described in the
particular preqorves should contact the Bureau of Official Rcq=rds of Dade County in Book 70q55.
State Lands Managqmem. 8qDwqqqnrtment or Natural pages 852-856. less, however. those lands and
Resources, 3900 Commonwealth Blvd., waters as dcscribcd in Section 258.165. F. S.,
Tallahassee, FL 32303 (telephone 900q"82q&q72q-1q97). (Biscayne Bay Aquatic Preserve Act of 19q74)q. and
(a) The preserves are described as follows: those lands and waters within the Biscayne
I. Fort Clinch State Park Aquatic Preserve, as National Park.
described in qthqe Ofrqiqcial Records or Nassau County 14. Li6qgnumvitaqc Key Aquatic Preserve, as
in Book 108, pages 343q-346, and in Book I 11q. page described in the O2qr6qr8qiqcial 60qicqcquqrds qo8qf Monqrne County
409. in Bqoqiqsk 506q2, pages 134q9q-142.
2q. Nassau River - SL Johns River Marshes 15. Coupon Eight Aquatic Preserve, as
Aquatic Preserve, as described in the Or0qricial described in the Official Records qo8qr Monroe County
Records of Duval County in Volume 3183q, pages in Book 502, pages 143q-146.
6q547q-52q532qZ and in the Ofrtqcial Records or Nassau 16. 16qC-qL0quqe Romano - Ten 20q74qhqousand Islands
County in Book 108, pages 4q232-237. Aquatic Preserve, as described in the Or2qrqicqial
6q3. 2qPellicqer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in qthqe Official Records or SL Johns County in Book 298q-301.

V. 9, p. 6922 FqLORMA AQU7C PRESERVES 19-20003
17- Rookery Bay Aquatic Preserve, as described negotiate an arrangement with any such private
in Section 2q5q8.39q(31). FqS. upland owner by which such land qmaqy be included
18. Estern Bay Aquatic Preserve as described in in the piese,
Section q258.39q(2qiq). Florida statute&. 33. Term Ccia Aquatic Preserve. as described in
19. Fine Island Sound Aquatic preserve. as Section 25q9.393, Florida Statutes.
described in the Official Records of Lee County in q34. Future aquatic preserves established
Book q648, pages 732-736. pursuant to general or special acts of theqlevislature.
20. Matiacha Pass Aquatic Preserve, as qSpe4q6qhc AuthrWity 120.5q3. 258.4q3q(t) 4qh. q1q'.
described in the Official Records of qLcc County in qiqmPkqmemed q258-q39- 258-391- 25q8-3?2qZ 2q58-39q3- q25q8-40-
Book 800. pages 721-1,728. 2q38.41. 258.42qZ 258.4q3. 258-44. 258.45 qFS. Hiserwyq-
21. 4qCasparilqla Sound - Charlotte Harbor New 2-2q3-q91. Anqwrideqd 8-7-85. Formerly 16Q--0qV.qOqZ
Aquatic Preserve, as described in Soqmqion q2q5g_392. Transifqerivd Iqnun 16(q2-20 OOqZ
F.S. 1q3-20.003 'Deqrmitqions. When used in these
2
Z2. Cape Haze Aquatic Preserve, as described in rules, the following words shall have the indicated
Seqnion 258.39q(29), F.S. meaning unless, the context clearly indicates
Zq3. Cockroach Bay Aquatic Preserve, as otherwise:
described in Section 258.391. F.S. (1) "Act" means the provisions of Sect lort 258.3 5
24. St. Martins Marsh Aquatic Preserve. as through 258.46, F.S., the Florida Aquatic Preserve
described in the Official Records of Citrus County Act.
in Book 2q76, pages 232q&241. (2) "Activity" means any pqmqject and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring board
described in the Official Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 9q8. pages 82-85. interest in sovereignty lands or materials, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the D2q"rtment of
described in the Ofricial 2qiccorqds of Gulf County in Environmental Regulation.
Book 46. pages 77.8 1. and in the Official Records of (3) "Aesthetic values" means scenic
Franklin County in Volume 98. pages 102-106. characteristics or amenities of tqhe preserve in its
27. St. Joseph Bay Aquatic Preserve. as essentially natural state or condition, and the
described in the Oqrrecial Records of Guqir County in maintenance thercoqf.
Book 46, pages 73-76. (4) "Applicant" means any person making
2q9. St. Andrews State Park Aquatic Preserve, as application for a permiL, license, conveyance of an
qdesLribed in the Oqrqricial Records of Bay County in interest in state owned lands or any other necessary
Book 379, pages 547-550. form of governmental approval in order in perform
29. Rocky Bayou State Park Aquatic Preserve_ an activity within the preserve.
as described in the Official Records of Oqkitqionsa (5) -qB2q@ncficial biological functions" means
County in Bonk 593, pages q742-q745. interactions between flora, fauna and physical or
30. Yellow River Marsh Aquatic Preserve, as chemical atuqibutes of the environment, which
described in the Oqfricqial Rcqwrqd3 of qSanLa Rosa provide benefits that accrue to the public at large,
County in Book 206, pages 566q&q571. including, but not limited to: nutrient, qpesticioc and
31. Fort PickcrtsSLate Park Aquatic Presermq-cas heavy qmq=ql uptake; sediment retention; nutrient
described in tqhe Oqrracial Records of Santa Rosa conversion to biomass; nutrient recycling and
County in Book 220, pages 60-63, in the Ofriciaql oxyqgnatqiorL
Records of Escambia County in Book q51q8, pages (6) "Beneficial hydrological functions" means
659-662, less the Lands dedicated to the U. S. A. for interactions between qfloqm fauna and physical
the establishment of the Gulf Islands National geological or geographical attributes oq( the
Seashore prior to the eqmctmcnt of the ac:6 until such environment. which provide benefits that accrue to
time as the U. S. A. no longer wishes to maintain the public at large, 'including, but not limited to:
such lands for the put for which they -ere retardation of storm watcr now; storm water
dedicated, at which time Such lands would revert to retention; qw2qW water storaqgc@ and periodical release;
the board and be managed as part of the preserve. (7) 'Biological vaqiucs" means the preservation
32- For the purpnse of this section the and promotion or indigenous life forms and habitats
boundaries or the Lake Jackson Aquatic Preserveq. including, but not limited to: sponges, soft corals,
shall be the body of water in Leon County known as hard cqorqa2qlsq@ submerged grasses, mangroves,
Lake Jackson in Sections 1q. 2, 3q. 5q. 10, 11 and 14, saltwater marshes, fresh water marshes, mudnaqtqsq,
Township I North. Range I West and Sections 11. marine, estuarine, and aquatic reptiles, games and
12q4 13, 14, 15. 21. 2 q2 23. 26. 28q7q7q. 0q26q2, 28qM 37, 33, 34. non-games fish species, marine, estuarine. and
and 35. Township 2 North, Range I West lying aquatic mammals, marine. estuarine, and aquatic
below the ordinary high water line. Such lands shall inve6qnebqratqes,- birds and shellfish.
include the submerged bottom lands and the water (S) -Board" means the Governor and Cabinet
column upon such lands, as well qaq3 all publicly sitting as the Board of Trustees of the Internal
owned islands, within the boundaries or the Improvement Trust Fund.
preserve. Any privately held upland within the (9) -Channel" means a trench. the bottom qo8qr
boundaries of the preserve shall be deemed to be which is normally covered entirely by water, with
excluded therefrom; provided that the Board may thqe upper edges of iqts sides normally 8qbqeiqaw waterq.

OL 3187)
19-20003 INTERNAL IMPROVEMENT TRUST qrUND V. 9, p. 692-2R

(10) -Commercial, industrial and other revenue (22) -Prv- mnsanvndll n,rc
generating/incrome related docks- means docking
which are c%veqptional ;areas qJ movereivniv lands
facilities for an activity which produces income. and the asuiciated water b0qMv s4s desienateqd in
through rental or any other means. or which serves Section 258.39. 258.391. and 258 3(q)q2. F.qs..
as an accessory facility to other rental, commercial including all sovereignty lands. title tit which is
or industrial operatiorts. It shall include. but not he vested in the qtockard, and such other lands ;is the
limited to docking for marinqn, restaurants. hotels. imiard nuiqv acquire oraqpprivve foor inviustion.and the
motels. commercial fishing. shipping, boat or ship water cv)qiumn 4over such lands. which have been set
construction. repair. and sales. aside to be maintained in in essentiaqlqiv natural or
1) -Department" means the State of Florida existing condition of indigenous fqloraand q[auna and
Department of Natural Resources. as administrator their supptinqinqg habitat and the natural scenic
for the board. qualities and amenities there4iqf.
(12) -Division" means the Division of State (q23) "Private residential single dot-k- means a
Lands, which perqformis all staff duties and functions diock which is used for private, ret-reatqional isr
related to the administration or lands title tit which leisure purpopses qfor a single family residence,
is. or will be. vested in the board. pursuant tit sect ion ctittaqge or other such single dwelling unitand which
253.002, F-S. is designed tit motor rut more than twit boats.
(13) "Dock" means a fixed or floating structure. (24) "Priviteresicqienti:tqlrviuiti-slipqdtK:k*'nic;ins
including moorings. used for the purpitse itq( a diwkinqg facility which is used- ffor private
berthing buoyant vicqneis either temporarily (or qm-reational tor leisure purp(iscs (or multi-unit
indefinitely. residential dwellings which shall include but is nnt
(14) -Essentially natural condition" means limited to condominiums. townhouses. subdivisions
those functions which suppnrt the continued and fithcr such dwellings or resitqicrtial areas and
qatistence or encourage the restoration of the diverse which is designed it) mitior three or more boats.
population of indigenous life forms and habitats it, Yacht Hubs associated with residential
the extent they existed prior to the siqgniqra=int developments. whose memqbcqmhiqps or utilization or
development adjacent to and within the preserve. the cqitickqinqg qrqmqilitqy requires some real property
(15) "Extreme hardship- means a signiqfqic-ant interest in the residential arca. shall also qbe
burden, unique to the applicant and not shared qliv qincqludcqd.
property owners in the area. Self-imposed (25) "Public interest- means demonstrable
circumstances caused toany degree bqyactionsoqfany environmental, stocial, and economic benefits which
person subsequent to the cnaqmmem of the Act shall would accrue to the public at large as a result of a
not be consquvieqd as an extreme hardship. Extreme proqIxoseqdactqion. and which would clearly cxceed all
hardship under this act shall not be construed it) dirqmonstraqhqle environmental, social. and casnomic
include any hardship which arises in whole (or in Costs of [he proposed action. In determining the
part from the c0qf0qfeqm of other federal. state or qlovAl public interest in a request for use, saqic, lease. nr
laws. ordinances, rules or regulations. The term transfer oqr interest in sovereignty lands or severance
may be inherent in public projects which are shown oqf materials from soveqmigntqy Lands, the board shall
qw be a public necessity. consider the ultimate pq@oqjea and pu2qMosc in be
(1q6) -Fill" itneans materials from any source, served by said use, sale, lease. or transfer of lands or
deposited by any means onto sovereignty lands, materials.
either for the purpose of creating new uplands or qfor (26) -PubiicnaVigaLionprcvqjcqm"mr-ansaqproqjqw
any other purpose, including spoiling of dredged primarily for the purpose ciq( navigation which is
mqacrqiaqls. For the purpose of this rule. the authorized and funded by the United States
pqiacement of pilings or riprap shall not be Congress or by port authorities as defined by
aqwqaidicrd. qw be filling. Section 315.02(2), F.S.
(17) "Locaqn" means a conveyance of interest in (27) -Public necessity- means the works or
qIqmds, tide to which is vested in the board, granted in improvements required for the protection of the
accqwqdance with speciqric terms set forth in writing. health and safety of the public. consistent with the
(1q8) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for reci tion. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public utilities" means those services,
means those structures n q- q@ ry for the movement provided by persons regulated by the Public Service
of oil and gas from the production site to the Commission. or which are provided by rural
consumer. cooperatives. municipaliqLies, or other 2qr qovemmqeqnqtal
(20) "Person" means individuals, minqtqi6qm. agencies, including electricity, tc2qlqe2qpqnonqe, public
partnershipsq, qcqoqrporatio6qm jqoinqtq'venqtures. estates. water and wastewater services, and structures
trustsq, syndicates, fiduciaries, firms. and all qoqt0qhcr nerqessqaqrqy for the provision (if these services.
associations and combinations, whether public qar (2q10q9) "Quality qtqif the preserve" means the d q-rqeqe
private, including governmental entities. qo8qf the biqtq4qtqo8qgicqalq. qaesqthqeqiqlqcqand scientific values qo2qf the
0q(28q12q) "Pier" means a structure in, on, qoqr over preserve necessary for present and future qen6q@qv4qymqent
sovereignty lands, which is used by the public q(8qd it In an essentially natural cqiqondition.
primarily for fishing, swimming, or viewing the (30) q"Rqe6qw8qwrqeqc manqaeqe2qmcnqi agreement" means
preserve. A pier shall not include a dock. a qLqontrqactuqal agreement 0q@qCtwqeqen q@hqc board and one

. 9 P. 6922S (qR. 3/97)
FLORIDA AQUA171C PRESERVES 1820.004

for more q@)artles which does not create an interest in watcrand where the uscof the waierorsovereiqgntqy
real Property but mq"Cqly authorizes conduct for lands is an integral pan foqr he
certain management aetiv:
#ties on lands held by the qSgoeroiqrsc Auslorwity q25q8.4.3q(jq) qrqS. qL-ess- loupirrownted
lociarqd. 8q158.37.q24qM.4.3q(iq) 8qFqS. Hisuwvq-,Vc-w q2..qji.arj. ..1n,enfiefy
(31q) "Resource Protection Area (RPA) I- - 8-7-85. Fortneriy 16Q-2 0.0-1. 8qTransieryrd qfron,
uatic pqmserves which have i6Q-20.00q3.
resources of the highest quaqlqil4qrq5qhd condition for 1q8-20.004 Management Policies, Standards
that area. These resources may include, but are not and Criteria. The following management qlooqlqicics.
limited to corals; marine grassqbeqds; mangrove standards and criteria arc supplemental fit 0qChapqwr
swamps; salt-water marsh; oyster bars; q12q&2q1, Florida Administrative Code q(.1m,wereiqgnty
2rchaeoqiogical and historical sites; endangered or Submerged Lands Management) and shall be
threatened species habitat.; and. colonial water bird utilized in determining whether to approve,
nesting sites. approve with conditions or modiqfqit--nions or denvaqlql
(32) -Resource Protection Area 2@ - Areas requests for activities on sovereignty lands in
within tqhe aquatic preserves which are in transition aquatic presqvves. Z
with either declining resource protection area 1 (1) GENERAL PROPRIETARY
resourqms or new pioneering resources within (a) In determining whether toaqroqlwovc or dcnqy
resource protection area 3. any request the Board will evaluate cach on a
(33) "Resource Protection Arta 3" - Areas me -bqy-casc basis and weigh any factors relevant
within the aquatic preserve that am characterized under Chapter 253 and/or- 2q58.'Florida qStatuis.
by the absence of any significant natural resource 6qThe Board, acting as Trustees for all state-4owned
attribuies. lands, reserves the right toapprove. motfify or reject
(34) -Riparian rights" means .those rights any qproqpqmaql.
incident to lands bordering upon navigable water&, (b) Them shall be no further sale. lease for
as recognized by the courts (of this state and common transfer of sovereignty lands except when suLh qmic,
qlaw. lease or transfer is in the public interest q(see Section
8q05) **Sale- means a conveyance or interest in 18-20.qOqD4q(2) Public Interest Assessment 0qCrqiicriaq).
lands. by the board, qfor consideration. (c) There shall be no construct "in oqf scawaqlqls
(36) "Scientific values" mq=ns the preservation waterward oqf the mean or ordinary high water linc.
'or ordinary hierqh
and promotion (if certain qualities or features which or filling waLerward of the mean
have srientiqfic sianiqfqic:ince. water line except in the case of public road ;tq;d
(37) "Shore protection structure" means a type bridge pqmqjccts where no qmasonabic alternative
of coastal construction designed to minimize the rate exists.
of crosion. qCAbasL21 construction includes any work (d) There shall. in no case, he any dredging
or activity which is likely to have a material physical waterward of the mean nr ordinary hich water line
effect on existing coastaql conditions or natural Shore for the sole or primary purpose oql"qprovidinqg fill qfor
processes. any area landward of the mean (or ordinary high
(38) -Sovereignty lands" means thaw lands Water line.
including, but not limited to: tidal Lands, islands, (c) A Icasc. casement or consent of use may be
sandqbars, shallow banks, and lands waterward or authorized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation pn).?q=;
State oqr Florida acquired title on March 3, 1q8q4 q5, by q2. maintenance of an existing navigational
virtue of sLatchoo(qi. and of which it has not since channel;
divested its title interest- For the purposes of this 3. installation or maintenance or approved
rule sovereignty lands shall include all submerged navigational aids;
lands within the boundaries of the preserve, Litqle to 4. creation or maintenance oqr a
which is held by tqhe board commercial/industrial dock. pier or a marina,
(39) -Spaiqi" means materials dredged from q5. creation or maintenance of private docks for
sovereignty lands which am redeposited or reasonable ingress and egress aql' riparian owners;
discanqiqiqd 'by any means, onto either sovereignty 6. minimum dredging for navi p'tion channels
lands or uplands. attendant to docking facilities;
(40) q"Transqter" means the act of the board by 7. creation or maintenance of 2 shore protection
which any interest in lands. including casements. qsquqcqtuqrqc,
other than sale or lease, is conveyed. 0q8. installation or maintenance qor qoi8ql and gas
(41) "Utility of the preserve" means fitness of qunsporqtatiqon facilities;
the preserve far the present and future enjoyment of 9. creation, maintenance, replacement qfqor
iqts biological, qaqcsqthqeqtic and scientific values, in an expansion of facilities required for the provision qor
essentially natural condition. public Utilities; and
(42) "Water dependent activity" means an 10. other activities which arc a public necessity
activity which can only be conducted on, in, over, or or which are necessary tqo enhance the quqaiity or
adq.2qjaqcenqt to, water areas because qthqe activity utility of the preserve and which are cqunsisqtcrqoqt 'with
requires direct access to the water body. or the act and this chapter.
sovereignty lands for transportation, recreation, (6qf) For acqtivitics listed in paragraphs
qener2qg-4q; prqodu6qniqon or transmission, or source of 18q-20.004(0ql)(qc8q)l.-qI8qO. abovqc, thqe activity shall be

(qK 3197)
1820.004 INTERNAL IMPROVEMENT TRUST FUND V. 9 p. 692r

designed so that the structure for structures it) be 2. pwid Imaing and marina se (repair.
built in. an or over swreigny lands are limited to pUMpW, .).
structures necessary to ainqduct water dependent 3 improve and enhance public health, safety,
activities. welfaqM and law enforcement.
(g) For activities listed in paragraphs 4. improved public land management.
18-q20.q0qD4q(qlq)q(cq)q?., 8.. 9. and 10. aqberve. it must be qS. improve and enhance public navigation,
demonstrated that no) other reasonabqie alternative 6. improve and enhance water quality;
exists which would aqfqlow the prtiqpqmed activity to be 7. cnhancemcnt/restoratqion of natural habitat
constructed or under-taken outside the preserve. and functions; and
(h) The use of state-owned lands for the purqptose 8. improve/proicct
of providing private or public risad access to islands endangered/threatened /unique species.
where such access did not previously exist shall be q(cq) COSTS:
prohi qbited. The use of state-4q-ned lands for the 1. reduced /degraded water quality-,
purpose of providing private fir public water supply q2- reduced/degraded natural habitat and
to islands where such water qsuppqlqy@ did not function;
previously exist shall be pnihiqbited. 3. destruction, harm or harassment iqd
q(iq) Except for public navigation projects and endangered or threatened species and habitat;
maintenance dredging for existing channels and 4. preemption of public use.
basins, any areas dredged to impriove or u. le 5. increasing navigational . hazards and
navigational access shall be incorporated into the congestion;
prrempted area of any required lease for be sub 'qiqm it) 6. reduced /degraded aesthetics; and
the payment of a negotiated private casement fee. 7. adverse cumulative impacts.
qQ) Private residential muqiti-sqlip diockinqg (d) EXAMPLES OF SPECIFIC BENEFITS:
facilities shall require a lease. q1. donation a( land, conservation casements.
(k) Aquacuiture and beach renourishment restrictive covenants or other title interests in fir
activities which comply with the standards for this contiguous it) the aquatic preserve which will
rule chapter and Chapter 18-21, Florida protect or enhance the aquatic preserve;
Administrative Code, may be approved by the 2- providing access or facilities for public land
board, but only subsequent to a formal qrqinding of management activities;
compatibility with the purposes of Chapter 2q5q8, 3. providing public access casemenLs and/or
Florida Statutes, and this rule chapter. facilities, such as beach a , boat ramps, etc.;
(1) Other - of the preserve. or human activity 4. restoration/enhancement of altered habitat for
within the preserve, although not originally natural functions, such as conversion of vertical
contemplated, may be approveqi by the qbgsaq;d, but bulkheads to riprap and/or veqgqmation for sqhorcitne
only subsequent to a formal finding of compatibility stabilization or re-establisqhment of shoreline fir
with the put of Chapter 258, Florida Statute&, submerged vegetation;
and this rule chapter. q5. improving fishery habitat through the
(2) PUBLIC INTEREST ASSESSMENT establishment of artificial reefs or other such
CRITERIA pqmqjccu, where appropriaqm
In evaluating requests qfor the sale, lease or 6. providing sewage pumpout facilities where
transfer or interest, a balancing test will be' utilized normally not required, in particular. facilities open
to determine whether the social, ecrincomic and/or to the general public;
environmental benefits clearly exceed the costs. 7. improvements to water quality such as
(a) GENERAL B4qENEFIT/COST removal of toxic seqdiqmenLe. increased nushing and
CRITERIA. circulation. etc.;
1. any benefits that are balanced against the q8. providing upland dry suirageas an alternative
costs of a particular project. shall be related to the to wc0qWip; and
affected aquatic preserqm- 9. marking navigation channeis to avoid
2. in evaluating the benefits and emu of citch disruption of shallow water habitats.
reqqui8qm specific consideration and weight shall be (3) RESOURCE MANAGEMENT
qgqivqm.to the quality and nature or the specific (a) All proposed activities in aquatic preserves
aquaLic preserve. Prqojcts in the less developed, having management plans adopted by the Bosard
more pristine aquatic preserve qs such as must demonstrate that such activities are consistent
A6q;qia6qlaqchico2qla Bay shall be subject to a higher with the management plan.
standard than the more developed urban aquatic 0qW No drilling of oil, gas or other such wells
preserves such as Boca C2qie6qga Bay; and, shall be allowed.
3. for projects in aquatic preseqrqvqics with adopted (c) Utility cables, pipes and tither such
management plans, consistency with the structures shall be Constructed and 8qlqcqKq2qiqe8qd in a
management plan will be weighed heavily when manner that will cause minimal disturbance to
determining whether the project is in the public submerged land resources such as oyster bars and
interest. submerged grass beds and dqo not interfere with
36qW B24qEN20qE20qM CATEGORIES: traditional public uses.
1. public access (public twat ramps, 4qbqoaqts8qlipsq, (d) Spoil disposal within the preserves shall be
etc.)-, strongly discouraged and may bqe approved only

q156q0

qOL 9qM)
V. 9 p. 6922U FLqOMA AQUA71C IqWEVES 1820.004

structures "I be constructed and located in a 3. the dock will extend out from the shoreline no
manner that will cause minimal disturbance to further than to a maximum depth of minus four
submerged land resourqm such as oyster bar% and 4) qleirt (mcan kqm- water);
submerged grass beds and do not interfere with when the waterdepth is minus four( - 4) feet
traditional public us=. q(qmegin qlow water) at an existing bulkhead the
2qW Spoil dqispa'q"qI within the preserves, shall he maximum dock qlenqg1h from the bulkhead shall qbe
strongly discouraged and qmay be approved only 25 (mt. suq4qiecl to Modifications acrommemqlatinqg
where the applicant has qdernimnstrated that them is shoreline vegetation overhang;
on ember masnetabqle alternative and that anivqiiy qS. wave break devices, when neqmmqurqy. shall be
may be beneficial to. or at a minimum. not harmful designed to allow for maximum water circulation
to the quality and utility of the preserve. and shall be built in such a manner as to be part of
(q4) RIPARIAN RIGHq7q7S the dock structure;
(a) None of the provisions or this rule shall 2qw 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 rights or upland riparian evinjunctqion with private residential, single cqrnck
property owners adjacent it, streeqmigntqy lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip dricks shall
reasonable riparian rights or ingress and tqTrqm for ciqmqforin to the following specific qdr-sign standards
private. residential multi-slip docks shall be based and criteria:
upon the number of linear feet of riparian shoreline. 1. the area or sovereignly, submerged land
(c) For the purposes oqr this rule, a private, preempted qbqy the docking facility shall not exceed
residential. single docking facility which meets all the square q(tiotage amounting in ten times the
the requirements or Rule 1q9-20.0q04q(5q) shall be riparian waterfront footage of the affected
deemed to mect the public interest requirements of waterbody of the applicant. or the square footage
Rule 1q8-20.q0qD4(ql)(b). Florida Administrative attenqdant.to providing a single dock in accordance
Code. However, the applicants 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 caqwment or
all or the requi-oncrits and standards of this rule other such use restriction acceptable to the Board
chapter. must qbe placed no the riparian shoreline, used for
(q5) STANDARDS AND CRITERIA FOR the calculation or the qi o. qi threshold. to conserve and
DOC6qKINC FACILITIES protect shoqmqlinc resources and subordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights or ingress and egress for
multi-slip residential or commercial, shall be additional docking facilities;
suqbjea to the following standards and criteria: 2. docking facilities and a P-4 channels shall be
1. no dock shall extend waterward or the mean prohibited in Resource Protection Area I or 2.
or-orqdqinar-y high water line mom than 500 qfeci or 20 except as allowed pursuant to qScction
percent or the width or the waterbody at that q2q58.q42q(3q)q(cq) qL. Florida Statutes, while dredging in
particular location whichever is less; Resource Prixection Area 3 shall be strongly
2- ceqnain docks qmay fall within areas of special disciouraged;
or unique importance. These areas may be or 3. docking facilities shall only be approved in
significant biological, scientific, historic and/or locations having adequate existing water depths in
aesthetic value and require special management the boat mooring. turning basin, access channels,
considerations. Modifications may be mom and other such areas which will accommodate the
rcurictive than the ncinnally accepted criteria. Such proposed boat use in order to insure that a minimum
nioqdifications shall be determined on a case-bqy-case of one (not clearance is provided between the deepest
analysis. and may include, but "I not be limited to draft of a vessel and tqh bottom at mean low water;
changes in location, configuration, length. width 4. main a - docks and connecting or cross
and height; walks shall not exceed six (6) qfect in width;
3. the number, lengths. drafts and types of qS. terminal platforms shall not exceed eight (8)
vessels allowed to utilize the proposed facility may feet in width;
also be stipulated; and 6. ringer piers shall not exceed three (3) feet in
q4. where local governments have more stringent width, and 25 feet in length;
standards and criteria for docking facilities, the 7. pilings may be utilized as required to provide
more stringent standards for qthqe protection and adequate mooring capabilities; and
enhancement of thqe aquatic preserve shall prevail. 6q8. the following provisions of Rule
28qW Private residential single docks shall 16q8q-20.2q02qD432q52q)8q(d) shall also apply to private
conform qiqtq) thqe following specific design standards residential mu2qiki-qs2qlip clocks.
and criteria: (d) Commercial, industrial and other revenue
1. an), main access dick shall be limited to a 4qLqzqencrqaqtin2qg/incqorrqit related docking facilities shall
maximum width of four (4) feet; conform to qthqe following qspqeci4qric design standards
2q2. the dock decking design and construction will and criteria:
insure maximum light pqeneqtraqt4qiqo0qm with full 1. docking facilities shall only be 4qIqtqicqaqtqed in or
consideration of safety and practicality; near areas with good circulation, flushing and
adequate water depths;

qM20.006 qVTTNAL IMPRqOVEqMqMrqTRqUST FUND V. 9, p. 6922V

2. docking facilities and act. channels shall be Cockroach Say April q21, 19q97
prohibited in Resource Protection Area qi ew 2. qFqAtcro Bay September 6, 19q83
except as allowed pursuant to Sections Chwqiottc Harbor
2q58.428q0q)q(8q0q1., Florida Statutes; while dredging in (Cape Haze,
Resource Protection Area 3 shall be strongly Gasparilqla
discouraged; Sound-Charqkitte
3. the docking facilities shall not be located in Harbor, Matlacha
Resource Protection Area I or 2; however. main pan and Pine Island
access docks may be allowed to pass through Sound) May 1q9, 1983
Resource Protection Area I or 2. that are located Indian qlp0qjvcr-Maqiaqbar
along the shoreline. to reach an acceptable Resource to Vcqm Beach January 21, 19q96
Protection Area 3. provided that such crtissing will Indian River Lagoon
generate minimal environmental impact; q(2qVcro Beach to Fort
4. beginning July 1, 19q9q6 new docking facilities Piercc and J
may obtain a lease only where the local governments qBq"ch to Jupiter
have an adopted marina plan and/or policies Inlet) January qZq2,q1985
dealing with the siting tor commercial /industrial Loxahatchec
and private, residential. multi-slip docking facilities 6qRqiver-Lake Worth
in their local government comprehensive plan; Creek June 12, 19q84
qS. the siting of the docking facilities shall also Nassau River-SL
take qinin- accuunt the access of the boat traffic to Johns River Marshes
avoid marine qgrassqbeds or other aquatic resources in and Fort Clinch
the surrounding areas; State Park April 2-1. 1986
6. the siting oqf new facilities within the preserve North Fork of the St.
shall be secondary to the expansions of existing Lucie River May q2q2, 19q84
facilities within the preserve when such expansion SL Joseph Bay June q2, q19q8q7
is consistent with the other standards; SL Manins Maqmh September 9, 1967
7. the location or new facilities and expansion or Tcrra Ccia April 21, 19q87
existing facilities shall consider the use of upland Wckiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Audqwity 25q5-4q3q(qt) qFqS. Lft- q18114q0tinenteqd
docking-, 2q38.4q1, 2q58.4qZ 4qZ0qU.4q3(l). 258.44 qFqS. 4qKinorvq-4qSew
q8. marina siting will be coordinated with local 2.2-r-eqi. Anicriqdi:q4 4q&70q4q5, Fqorqmerqti, 1q6qQqL20.01X,
governments to insure consistency with all local 2qThin0qda7ed from )6Q-q20.q0q0W, Aqmeneed f-0q"q8.
plans and ordinances; 18-20.0q05 Uses, qSaqIcs., I -acs or Transfer of
9. marinas shall not be sited within state qIntcreqm in Land,&, or Material%, Held by the
designated manatee sanctuaries. and qBoarcqL
10. in any areas with known manatee Specific Authtwity 238-43q(l) qn. Law JqmPkorwrited
concentrations, manatee warning/notict and/or 258q10Z qZ5q3.12. q2q3q8-4q2 8qFqS. qhfiporq@_Nrw- q2-q2q5-81.
speed limit signs shall be crected at the marina qfqicpq-icd q&7.8q5. qFtwincrily 16Q-20.0q3. Tran0qderred liorn
and/or ingress and cqgress channels, according to 166qQ-20-qWqS-
Florida Marine Patrol specifications. q18-2q0.0q06 Cumulative Iqmpacqm. In evaluating
(c) Exceptions to the qnandarqds and crite .ria applications for activities within the preserves or
listed in Rule I qS-q20.q08qUq(qSq), Florida Administrative which qmay impact the preserves, the department
Code, may be considered. but only upon recognizes that. while a particular aqiterittqion of the
demonstration by the applicant that such exceptions preserve may oqwqmitute a minor change. the
are necessary to insure reasonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments to the resources of the
(6) MANA4qCEME2qN'T A4qG2qRE4qE2qME8qNTS preserve. 8qTherefort. the department shall evaluate
4qThe board may enter into management a particular site for which the activity is0qproposed
agreements with local agencies for the with the recognition that the activity may. in
administration and enforcement of standards and conjunction with other activities adversely affect qthqe
criteria for private residential single docks. and preserve which is pan of a complete and interrelated
(7) In addition w the policies, standards system. The impact of a proposed activity shall be
criteria delineated in subsections (1) through (6),
considered in light of its cumulative impact an qthqe
thqe provisions of the following management plans preserve's natural system. The department shall
apply to specific aquatic preserves and are include as a pan Wits evaluation of an activity:
incorporated herein by 0qm6qfqerqeqncqeq. Where regulatory 0q(8q1) The number and extent or similar hu2qmqaq*n
criteria in 18q-20, F. A. C., may differ with specific actions within the preserve which have prqevious4qlq%
policies in the management plans listed herein, the
affected or are likely qto affect the preserve, whether
general rule criteria shall prevail. considered by the q'dqiqepqarqtmqenqt under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23q, 1986 enactment of the Aqcqt; and
Banana River September 17, 19 2q85 (2) The similar activities within the preserve

100

V. 9, p. 692-2W FLORIDA AQUAMC RESRU 1920.012

which are currently under consideration by h aquatic p ee is, sqmm. subject to confirmation by
department; and the legislature.
(3) Direct and indqerect effects upon the prese ve (2) The board may, after public notice and
and adjacent qpeacqm , if applicable, which may publichearing in the county oreqwrities in which the
reasonably be expected to result from the activity; proposed expanded or new preserve is to be located,
and adopt a resolution formally setting aside such areas
(4) The extent to which the activity is consistent its be included in the system.
with manaqtrement plans for the preserve. 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 in be included.
permissible within the preserve in accordance with A inap depicting the legal description shall also qbe
comprehensive plans adopted by affected local attached.
governments, pursuant to section 163.31q61, F.S., (b) The designation of the type of aquatic
and other applicable plans adopted by local, state. psqmseqm.
and federal governmental agencies; (c) A general statement of what is sqmghi to be
(6) The extent to which the tots or beneficial preserved.
hqydritqioqgic and qb1foqitigir functions would adversely (d) A statement that the area established as at
impact the quality or utility of the preserve. and preserve shall be subject in the management criteria
(7) The extent to which mitigation measures and directives of this chapter. -
may compensate qItir adverse impacts. (e) A directive. to develop a natural restiurce
Spq@-ifsr Ausittority qZSRqAIq(1q) qrqS. Low- Inipientented inventory and a management plan for the arca being
q239.36. 2q38.1q0. 2q58-44 qFS. qHisloryq-qNC., established as an aquatic preserqm.
qFornwri), 16Q-20.06. Transferred [tysin 16Q.q20.1qU. (4) Within 30 days of the designation and
18-20.007 Protectq;on of Riparian RqiqrhLL establishment of an aquatic preserve. the board
Sfseri/qsc Authisrsty q2q58.4.3q(1q) qFqS. qLw JqMpJnq,,,f shall qmoord in the public rectirqds of the county or
238.1q2q3. 238-124(g). q236.-94 0qFqS. Hissary-Ne-w 2.q2q3-si. counties in which the preserve is located a legal
qArpeakiffi-7-q8q3. Farnsedy 16Q-q20.0q7. Tran0qderreqdqfroqm description of the preserve.
16Q.20.007. Specific Authority 2q58.4q3q(t) qFqS. Law implemented
q2q58.41 FqS. History-New 2.2q3-91. qFormcriy 16Q-20-09.
1q9-20.008 Inclusion of qLan0q4 'ritle to Which Tqmasifqerred from 16Q.20.009.
qIs Not Vested in the Board, in a Preservc.
(q1) Lands and water bottoms which aqm within 1q9-20.010 Exchange of Lands. The board in its
designated aquatic preserve boundaries, or adjacent discretion may exchange Lands for the bcnefit of the
t hercto and which are owned by other governmental Preserve, provided that:
agencies, qmay be included in an aquatic preserve (q1) In no case shall an exchange rcsuqlt in any
upon specific authorization for inclusion bqy an land or water area being withdrawn from the
appropriate instrument in writing executed by the pmscrvc; and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which are within shall maintain or enhance the quality or utility of
designated aquatic preserve boundaries or adjacent the prcservc.
theqmin.and which am in private ownership, maybe Specific Austiorits, q2q38.q3q(1) 8qn. Law qimpskmented
included in an aquatic preserve upon specific qZqS6.41q(q5q). q2q56.q42q(t) FqS. 0qHisioqm-0qNeer 2.2q3-91,
authorization for inclusion by an appropriate qFqmvierqly 16A-q20.10, Tqriinsqlqerred q/q@q. i6Q.20.010.
instrument in writing executed by the owner. 18-20.011 Gifu of qLjLnq&L The board in its
(3) The appropriate instrument shall be either a discretion may acq=pt any gif is of Lands or interests
dedication in perpetuity. or a least. Such lease shall in lands within or contiguous to the preserve to
ctintain the qfolqlinving conselititins: maintain or enhance the quality and utility of the
(a) The term of the lease shall be qfor a minimum Preserve.
perqitqW or ten years. qSqW4qdror Aushewitqy, q2q3q6.4q3q(t) 4qFqS. Law qIqmiWentented
(b) The board shall have the power and distqy in 2q38-42q(5) 4qFqS. Hipnevq-qNew 2.2q3-81. Firsrnwriy
enforce the pruvisitins of each lease agreement. and 16Q.20.1 1. Transferied Isiq. 16Q-210.01 1.
shall additionally have the power to terminate any 18-20.012 Protection of Indigenous Life
lease ir the termination is in the best interest of the Forqn8quq. The taking or indigenous life forms 8qfqoqr sale
aquatic preserve system. and shall have the power qiqtq)
of commercial uqsqe is prohibited, except that this
include such lands in any agreement for prohibition shall not extend to the commercial
management of such lands. taking of fin rash. crusqtqacqca or moliusksq. except as
(c) The board shall pay no mom than 2qS I per Year prohibited under applicable laws, rules or
for any such lease. regulations. Members of the public may exercise
Specific- Authority 2.q58q.q43(qt) F0qS. Law qJq#nqr8qAq-qn4q"qirqd
0q238.40. 20q38.41 04qn. Hqisqsqrqorqy4q-6qNqew 00qZ00qZqSq-q81. 4qFqtqeqrq"qwqHy their rights in 8qrqeshq, so long as not contrary to other
q1q6Q-4q20q0.0q8q. 00qTrqasqtqerrqed qfq,q,0q;q. qjq6Qq.4q2qOq.qCqKq1q8q. sqtqaqtu0qiqor8qy and regulatory provisions controlling such
activities.
18q-20.009 Establishment or Expansion of qSqfqwqriqfsc Auqiqhqoq6qr.qsql 0q238.q43q(qt) 6qF0qSq. Law qi4qmpqiqrmqeqnqiqeqd
AqouaLiC Pqrqcqsqcqrq-qvqcqL. 23q8.43(qt) 6qFqS. Hqisqeqnqt-qv-8qSqeqwq- 2q-qZqI-q6q1q. 0qFqiqsrqnqsqrrqiq.y
(1) The board may expand existing preserves or q16Q-0q2q0q-q18qZ Transferred from q1q6Q-20.014q2q.
establish additional 4q@mas to bqe included in the

0q101

X 91qW)
IS20.017 qDrqTJtNAL HPROVY.ENT TRUST FUND V. 9, P. 6922X

13-20.013 Developqatment of Resource Ill-.20.017 L&kejackson Aquatic Preserve. In
qInvqMtories and Manage be it Pqlang for addition to the provisions of Rules 14q&q2q0.00q1
Preserves.. through 1q9-20.016, tqhe following requirements
(1) The board authorizes and dircqas the division shall also apply to all proposed activities within the
to develop a restitorce inventory and management Lake Jackson Aquatic qP eseov Aqfanyprovqisqionsof
plan for each preserve. this Rule are in conflict with any provisions or Rules
(2) The division qmay perform the wqmq* o 12q&q20.001 through 1q9-20.016 or Chapter 73-534,
develop the inventories and plans. or nqwv enter inte, Laws of Florida. the sarconqger provision for the
agreements with other persons to Perqf8q" The work. protection or enhancement of the aquatic preserve
In either can, all work Performed shall be subject to shall prevail.
board approval. .(I) No further sale, transfer or lease of
Spoqmirer Audoowity 238.4q3q(t) FqS. Low. qiqm0qoqfqfqlenrd onvefriqgnty lands in the preserve shall be approved
23q3.0q3(7q). q2q54q10q3q(8) qFqS 4qHiman-4qNe... 2.2.r.,qt, or consummated by the Board. except upon a
A-wrode P-q7-q8q5.Fqormeri)-i0qQ 2p. /qJ. Tran0qderred qfqmm showing of extreme hardship on the pan of the
16Q.20.01q3. applicant or when the board \shall determine such
1q8-20.01q4 Enq10rCVnqMnL The rules shall qbe sale. transfer or lease to be in the public interest.
enforced as priovided in qSqmion 258.46. (2) No further dredging or filling of sovereignty
Speciqfqir Authimvi), 238.4q3(1) qFqS. Lp@ Iqmpirnenirgy lands of the prewrve shall be apprcq!vcqd or tolerated
q238.46 8qFqS.Hisrarwq-qNew,q2-2q3-81. qFroo-orri), 16Q-20. t4. by the Board of Trustees cicept:
4qTrAnsqferrqvY hvion 16Q.20.014. (a) Such minimum dredging and speoi ling as may
1q6-20.015 Application Form. be authorized qfor public navigation priqoqicqas or for
qsxxvifo Authront. q2q5.43q(1q) qFqS. L.A.- qFo reservation of the lake according to the expressed
2.58.4.1 4qFqS. 4qf4qf4qinforyq-0qNew 2.qzq3q4q1. kepcjqe f_7,1.5. intent of Chapter 73-q5.4qU. Laws of Florida, and
qFrororocriy 16Q-20. i5, Transferred Irroon i6Q.q2oaI3. 2qM Such other alteration caqr physical tvinditsions
Other as may be nqmvqmry to enhance the quality tor utility
4qM-20.016 Coordination with of the preserve.
Goveqminental Aqgqmcqiqm When a Department of (3) Them shall be no drilling or wells,
Environmental Regulation permit is required for excavation for shell or minerals, and no erection or
activities on sovereignty lands the department will structures (other than dncks), within the preserve.
coordinate with the Department or Environmental unless such activity is assoq6ated with activity
Regulation to obtain a copy of theqjoint Department authorized by Chapter 7.k-5q34, Laws of Florida.
or Army/Fqlorida Department of Environmental (4) The Board shall not approve the reqlocsitqions
Regulation permit application and the biological or bulkhead lines within the preserve.
survey. The information contained in the joint (q5) Notwithstanding other provisions of this act,
permit application and biological assessment shall the board may, rtspqmlnqg lands lying within the
be considered qbqy the department in preparing its Laqkc Jackson basin:
qnafqf recommendations to the board. The qkxsard may (a) Enter into agqme. eqms for and establish lines
also consider the reports or other governmental dcqlqincating sovereignty and privaicqiv owned lands;
aqgqmcies that have related management or
(qb) Enter into agreements for the exchange and"
permitting responsibilities regarding the proposed exchange sovereignty lands for privately owned
activity. lands;
qSPecirse Audqwrqity 2q5q3..(3q(tq) 4qFqS. qLv. inpkwn,,d
q2q3q8.43qFqS. Hisuavq-4qNe-wq2-q2q3.81. qFemqmqmly- (c) Accept gifts or land within or contiguous to
Transqiqerred i0qmin 16Q.20.q016. the preserve.
qSqMcirsr Authority q25q8.39q(2q6) 4qFqS. Law qIqmpleqmqmieqd
q2q3q9.q39q(q26). 2q38. -4q0 4qFqS. Hisooryq-4qNew qS. 7.8q3. Formerly
164qQ-2q0.017. Transferred qIqmm 16Q.20.017.

102

Utricularia purpurea
Bladderwort

..........

LL R

illustration provided by.
IFAS, Center for Aquatic Plants
University of Florida, GainesvWe, 1990 103

Vallisneiia amvicana
Tapegrass

iffwtrmion provided by. 104
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990

Salvinia rotundifolia (minima)

I
A A I

4 4A

illustration provided by.
IFAS, Center for Aquatic Plants 105
University of Florida, Gainesville, 1990

Pontederia cordata
Pickerel,Ael
@iji U@

illustration provided by.
IFAS, Center for Aquatic Plants 106
Universitv of Florida@ GainesvWe. 1990

Pistia stratiotes
Water lettuce

N
vz@

surface hairs

illustration provided by. 107
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990

Phragmites austrads
common ree

?WAN
A

illustration provided bY 108
IFAs, Center for Aquatic Plants
university of Florida, Gainesville, 1990 46

Panicum repens
Torpedograss

4 h

illustration provided by. 109
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990

Nymphaea spp.
Water lily

. . . . . . . . . . .

illustration provided by.
IFAS, Center for Aquatic Plants 110
University of Florida. Gainesville, 1990

Nuphar spp.
Cow lily, Spatterdock

OEM

illustration provided by.
IFAS, Center for Aquatic Plants
UniversitY of Florida, Gainesville, 1990

Nitella spp.
Stonewort

04, 04P
40
0'a
00 d
43 000 40
0300
0000
90
0

00
0

illustration provided by.- 112
IFAS, Center for Aquatic Plants
University of Florida, GainesviUc. 1990

Najas guadalupensis
Southern naiad

iffiLstration provided by. 113
IFAS, Center for Aquatic Plants
University of Florida, GainesviUe, 1990

Hydrilla vetticillata
Hydrilla

turion

tuber

underside of leaf

LL
C

d1usawion provided by. 114
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990

Chara spp.
Muskgrass

illustration provided by. 115
IFAS, Center for Aquatic Plants
University of Florida, GainesviUe, 1990

CeratopA@'Ilutn de,
coontail

I
lifu4trm'On PrOvided by.-
FAS, Center for @L@tj Planu
universiry Of FlOrid (;c
linesville, 1990 116

T domingensis T latifolia)

illustration provided by.- 117 Typha Cattail
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990

f ,

3 6668 14104 0537