Tomoka Marsh Aquatic Preserve management plan (cabinet ready draft)

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

TOMOKA MARSH

AQUATIC PRESERVE MANAGEMENT PLAN

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DEPARTMENT OF NATURAL RESOURCES

TOMOKA MARSH

AQUATIC PRESERVE MANAGEMENT PLAN

(CABINET READY DRAFT)

JANUARY 1992

VIRGINIA WETHERELL

Executive Director
Dep@rtment 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 printed tot recycled paper.

EXECUTIVE SUMMARY

The Tomoka Marsh Aquatic Preserve comprises approximately 8,000 acres of
submerged land located on Florida's central Atlantic Coast in Volusia and Flagler
counties.

Tomoka Marsh Aquatic Preserve was designated an aquatic preserve on October
21, 1969, for the purpose of preserving,the biological resources of the estuarine
system. The major habitats found within the preserve include marshes, tidal flats,
oyster bars, soft mud and sandy bottoms, and open water. The preserve
designation is intended to protect habitats critical to an extensive array of
invertebrates, fish, birds, and other wildlife. Listed species found within or in close
proximity to the preserve include three mammals, thirteen birds, two reptiles, one
fish, and seven plants.

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

The Tomoka Marsh Aquatic Preserve has been divided into several management
areas. The classification of each management area is based upon the resource
value of submerged lands associated with existing and future us-es on the adjacent
uplands. The intent of these management areas is to make potential development
activities and uses of the preserve compatible with resource protection goals. The
major uses of the preserve are commercial and recreational navigation, and,
adjacent land uses and their attendant facilities (e.g., docks, marinas, etc.).
Because of the close proximity of the Tomoka and Halifax Rivers to existing and
rapidly developing urban ares, maintaining and improving the health of the preserve
involves minimizing adverse impacts from all uses within and adjacent to the
preserve, including discharges associated with upstream areas.

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

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

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

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

TABLE OF CONTENTS

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

CHAPTERII MANAGEMENT AUTHORITY
A. Statutory Authority ...................... 9
B. Administrative Rules .................... 11
C. Other Applicable Plans & Programs ......... 13

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location and Boundaries ................. 15
B. Climate ............................. 20
C. Geology ............................. 21
D. Hydrology ........................... 21
E'. Water Quality ......................... 22
F. Biological Communities .................. 24
1. Marshes ........................... 24
2. Tidal Flats .............. I ............ 30
3. Algae 31
4. Seagrasses ........................ 31
G. Listed Species ........................ 32
H. Archaeological and Historical Resources ..... 37
1. Paleontological ........................ 38

CHAPTERIV REGIONAL LAND USE AND DEVELOPMENT
A. Adjacent Upland Uses ................... 41
B. Uses of the Preserve ................... 47
C. Planned Use ......................... 47

CHAPTER V SITE SPECIFIC MANAGEMENT
ISSUES AND NEEDS
A. Management Issues & Special Needs 49
B. Management Initiatives .................. 60

CHAPTER V1 MANAGEMENT AREAS
A. Introduction .... 63
B. Management Area Classifications .......... 64
C. Minimum Criteria for Allowable Uses ........ 66
D. Management Areas ..................... 70

CHAPTER Vill MANAGEMENT ACTION PLAN
A. Resource Management .................. 86
B. Resource Protection ..................... 89
C. Research ............................ 92
D. Environmental Education .......... I ....... 94

CHAPTER Vill MANAGEMENT COORDINATION NETWORK
A. Federal Agencies ...................... 97
B. State Agencies ........................ 99
C. Regional Agencies ..................... 103
D. Local Agencies ....................... 105

CHAPTERIX STAFFING AND FISCAL NEEDS .............. 111

CHAPTER X RESOURCE AND PROGRESS MONITORING PROGRAM
A. Resource Monitoring ................... 115
B. Progress Monitoring ................... 115

BIBLOGRAPHY ........................... 117

LIST OF FIGURES AND TABLES

Figure 1. Florida Aquatic Preserve System Map ............. 3

Figure 2. Aquatic Preserve Boundary Map ............... 5-7

Figure 3. Tomoka Watershed ......................... 17
Figure 4. Vegetation Map ........................... 25-27

Figure 5. Adjacent Land Use Map .................... 43-45

Figure 6. Tomoka River Manatee Sanctuary ............... 53

Figure 7. Manatee Protection Zones .............. I ..... 55

Figure 8. Manatee Protection Zones .................... 57

Figure Management Area Map ............... * .... 81-83

Table 1. Listed Wildlife Species ..................... 33-34

Table 2. Management Coordination Network .......... 108-109

Table 3. Anticipated Budget .......................... 113

LIST OF APPENDICES

Appendix A. Administrative Codes ....................... 123

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

Bureau of Submerged Lands and Preserves
Department of Natural Resources
3900 Commonwealth Boulevard
Mail Station 125
Tallahassee, Florida 32399-3000

CHAPTERI

INTRODUCTION

The Tomoka Marsh Aquatic Preserve, located on Florida's central Atlantic Coast in
Volusia and Flagler counties (Figure 1) represents one of 42 aquatic preserves in
Florida. This preserve, a contiguous coastal estuarine and marine area (Figure 2),
was established by the Florida Board of Trustees of the Internal Improvement Trust
Fund by a resolution on October 21, 1969 and designated by the Florida
Legislature in 1970 for the purpose of preserving the biological resources of the
estuarine system. The preserve is approximately 8,000 acres in size and includes
only the sovereignty submerged lands located below the mean high water line
(MHWL).

The Tomoka River system has long been recognized as one of the state's
exceptional water resources. All of Tomoka Marsh Aquatic Preserve is designated
an Outstanding Florida Water (OFW) by the Florida Department of Environmental
Regulation (DER). The purpose of the OFW program is to recognize waterbodies
of the state having outstanding quality. The adjacent uplands are largely used for
residential, preservation or recreational purposes. Increasing urbanization confirms
the need for an integrated management program by state, regional, and local
governments to accomplish a goal of long-term resource protection for the
preserve.

This management plan developed for Tomoka Marsh Aquatic Preserve is only one
of many steps that will be necessary to accomplish this goal. It is intended
primarily to serve as a useful guide to the manager and others in maintaining the
natural integrity of the preserve. As more information is learned about this preserve
and ambient conditions analyzed, management strategies outlined in this plan may
need to be adjusted.

The process of developing this management plan involved collecting an inventory
of resource information, coordinating with other plans that have been developed for
the area, and identifying resource problems and management issues relating to the
present and future uses of the preserve and adjacent uplands. Supporting policies
were developed to be consistent with statutory authority and the overall intent of
the Aquatic Preserve Program for helping to ensure that the submerged land
resources of the river remain for future generations to enjoy.

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

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

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

Chapter III provides a description of the Tomoka Marsh Aquatic Preserve and
details the physical and biological components of the preserve as well as any
cultural resources. Additional information includes the current and future uses of
this preserve and use of the adjacent uplands.

Chapter IV discusses regional land use and development.

Chapter V discusses specific needs and issues particular to the Tomoka Marsh
Aquatic Preserve. Management initiatives have been developed in addressing each
need and/or issue.

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

Chapter VIII identifies local, regional, state and federal agencies, their authorities
and programs, and how they relate and assist in protection and management of the
preserve. It also identifies non-gove rn mental organizations, interest groups and
individuals that can assist in management.

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

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

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AQUATIC PRESERVES ARE ESTABLISHED ",BNO
BY THE FLORIDA LEGISLATURE AND K,
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LAND&
THE GOVERNOR AND CABINET SITTING
AS TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS. M-ON

FOR MORE INFORMATION REGARDING
AQUATIC PRESERVES CONTACT: GAI

DEPARTMENT OF NATURAL RESOURCES

DI-41SION OF STATE LANDS

BUREAU OF AGUAT I C PRESERVES

3900 COMMONWEALTH 13LVO
TALLAMASSEE,FLOPIDA 32303
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CHAPTER 11

MANAGEMENT AUTHORITY

A. STATUTORY AUTHORITY

The fundamental laws providing management authority for the Tomoka Marsh
Aquatic Preserve are contained in Chapters 258 and 253, Florida Statutes (F.S.).
These statutes establish the proprietary role of the Governor and Cabinet, sitting
as the Board of Trustees of the Internal Improvement Trust Fund, as Trustees over
all sovereignty submerged lands. In addition, these statutes empower the Trustees
to adopt and enforce rules and regulations for managing all sovereignty submerged
lands, including aquatic preserves.

In particular, Sections 258.35-258.46, F.S., enacted in 1975 by the, Florida
Legislature represent the Florida Aquatic-Preserves Act. These statutes set forth
a standardized set of management criteria for all designated aquatic preserves, and
represent the primary laws governing use of sovereignty. submerged lands within
aquatic preserves.

The Legislative intent for establishing aquatic preserves is stated in Section 258.36,
F.S.: "it is the intent of the Legislature that the state-owned submerged lands
in areas which have exceptional biological, aesthetic, and scientific value, as
hereinafter described, be set aside forever as aquatic preserves -or
sanctuaries for the benefit of future generations." This statement along with the
other applicable laws clearly mark the direction for management of aquatic
preserves. Management will emphasize the maintenance of essentially natural
conditions, and will include only sovereign or state-owned submerged lands and
,lands leased by the state and specifically authorized for inclusion as part of a
preserve.

Management responsibilities for aquatic preserves may be fulfilled directly by the
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 Trustees. The Division staff, however, 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., and 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 Trustees. This mechanism provides a
basis for the Trustees to evaluate public interest and project merits within the
context of 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 Florida's aquatic environment. The
rampant dredge and fill activities that occurred in the late 1960's had a stimulating
effect on 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 waterbodies 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) on
submerged lands was created to develop strategies for the protection and
management of state submerged lands.

In 1968, the Florida Constitution was revised, declaring in Article 11, Section 7, the
state's policy of conserving and protecting the 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, which included Tomoka Marsh Aquatic Preserve. Other preserves were
individually adopted at various times through 1989.

B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

Chapters 18-20 and 18-21, Florida Administrative Code (F.A.C.), are the two
administrative rules directly applicable to the uses 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:

"Jl) 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 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;

4L (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, mudflats-, estuarine, aquatic and marine
reptiles, game and non-game fish species, estuarine aquatic,
and marine invertebrates, estuarine, aquatic,' and marine
mammals, birds, shellfish and mollusks;

(g) to acquire additional title interests in lands wherever such
acquisitions would serve to protect or enhance the biological,
aesthetic, or scientific values of the preserve;

(h) to maintain those beneficial hydrologic and biologic functions,
the benefits of which accrue to the public at large."

2. CHAPTER 18-21, F.A.C.

Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged
lands in general and is predicated on the provisions of Sections 253.03 and 253.12,
F.S. The stated intent of this administrative rule is:

"(1) to aid in fulfilling the trust and fiduciary responsibilities of the Board
of Trustees of the Internal Improvement Trust Fund for the
administration, management, and disposition of sovereignty lands;

(2) to insure maximum benefit and use of sovereignty lands for all
citizens of Florida;

(3) to manage, protect, and enhance sovereignty lands so that the public
may continue to enjoy traditional uses including, but not limited to,
navigation, fishing and swimming;

(4) to manage and. provide maximum protection for all sovereignty lands,
especially those important to public drinking water supply, shellfish
harvesting, public recreation, and fish and wildlife propagation and
management;

(5) to insure that all public and private activities on sovereignty lands
which generate revenues or exclude traditional public uses provide
just compensation for such privileges;

(6) to aid in the implementation of the State Lands Management Plan."

Q. 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 the goals and policies of the State
Comprehensive Plan pertaining to the water resources, coastal and marine
resources and natural systems.

The Conceptual State Lands Management Plan, adopted on March 17, 1981, and
amended by the Trustees on July 7, 1981 and March 15, 1983, contain specific
policies concerning spoil islands, submerged land leases, "Outstanding Native
Florida Landscapes," unique natural features, seagrass beds, archaeological and
historical resources, and endangered species. These policies provide some of the
fundamental direction for formulating management plans and policies of the Aquatic
Preserves Program.

The Local Government Comprehensive Plans (LGCP) for Volusia and Flagler
counties are required by the Local Government Comprehensive Planning and Land
Development Regulation Act to have a -comprehensive management plan with
elements relating to different governmental function (i.e., housing, physical facilities,
conservation, land use, coastal zone protection, etc.). Each plan, in effect, is
intended to guide the future development of the county. Cities and counties are to
adopt land development regulations and conform to the criteria, policies, and
practices of their comprehensive plan, which must be updated periodically as
required by recent statutory amendments.

The intent of the Aquatic Preserve Program is to guide city and county
governments during their planning process towards developing local planning
criteria and standards that will be consistent with the objectives of the program.

Volusia and Flagler counties' LGCPs have been submitted to the state for review.
Volusia County's Comprehensive Plan has been accepted by the State Department
of Community Affairs, while the comprehensive plans of Flagler County, the city of
Flagler Beach, and the city of Ormond Beach have not yet been formally accepted.

CHAPTER III

DESCRIPTION OF AQUATIC PRESERVE

A. LOCATION AND BOUNDARIES

The preserve is located in southeastern Flagler County and northeastern Volusia
County and is comprised of six distinct areas: 1) approximately seven miles of the
Halifax River, north from the southern boundary of Ormond by the Sea; 2) Smith
Creek, south and west of Flagler Beach State Park; 3) Bulow Creek; 4) the Tomoka
River, east of U.S. 1; 5) the Tomoka Basin; and 6) a 1100-acre mosquito
impoundment area consisting mainly of tidal marshes interspersed with ditches.
Two municipalities border the preserve: the city of Flagler Beach and-the city of
Ormond Beach. Figure 2 represents the gross boundary of the preserve; the actual
preserve includes only those state-owned submerged lands located waterward of
the mean high water line (MHWL) within this boundary. The aquatic preserve is best
described in terms of its components:

Halifax River

The Halifax River is a long, wide, shallow estuarine lagoon bounded on the west by
the Florida mainland and on the east by a barrier island. The estuary is created by
the mixing of saline water from the Atlantic Ocean, introduced through the
Matanzas inlet to the north and the Ponce DeLeon Inlet to the south, with fresh
water from the Tomoka River, Bulow Creek, and the upper Halifax River drainage
basin.

The average depth of the Halifax River segment of the preserve is approximately
3.7 feet at mean low water. Average width is approximately 3,000. feet. The shallow
configuration of the overall lagoonal system makes it particularly vulnerable to
adverse effects from stormwater runoff, siltation, chemical and heavy metal
contamination.

The Atlantic Intracoastal Waterway (ICW) channel in the Halifax River is 125 feet
wide and has been dredged to a depth of 12 feet.

Smith Creek

Smith Creek, the northernmost reach of the preserve, is located in Flagler County.
A section of the natural channel of the creek was dredged to accommodate the
ICW. The remaining natural channel of Smith Creek is shallow, with numerous
oyster beds. The southwestern segment of the creek, north of Tomoka Basin, is
primarily salt marsh, interspersed with small islands, both natural and created. A
portion of Smith Creek is bounded on the east by Flagler Beach State Recreation

Area, and on the west by Bulow Creek State Park. Flagler County has recently
acquired 376 acres along Smith Creek just north of the preserve boundary. The
lower reaches of Smith Creek are schooling grounds for redfish and an autumn
stop-over for migratory waterfowl. Bald eagles, woodstorks and numerous other
wading birds also frequent the area.

Bullow Creek

Much of Bulow Creek's drainage basin is located within Flagler County. Bulow
Creek is a shallow, meandering waterway interspersed with several islands. From
its origin in vast wetlands, the creek flows south for about 4 miles, between John
Anderson Highway (County Road 201) to the east and Interstate 95 to the west
then turns generally eastward below the bridge 'at Walter Boardman Lane. Fro@
here the creek meanders eastward along the south side of Highbridge Road until
it turns north and crosses under Highbridge Road at its confluence with the Halifax
River, just south of the Flagler County boundary. Three canals (Iroquois Canal,
Little Canal, and Korona Canal) connect Bulow Creek to large wetland areas
located to the west of 1-95.

Bulow creek is noted for bird-watching, canoeing, crabbing, and fishing. It has a
maximum water depth of about 8 feet, although sandbars, such as the one located
at the mouth of the Cysco Canal, just north of the bridge at Walter Boardman Lane,
often require canoeists to portage. Alligators, osprey, and wading birds are.often
observed along the creek. Woodstorks frequent the area located north of Walter
Boardman Lane. Other noticeable wildlife in this reach of the preserve include
brown pelicans, snowy egrets, little blue heron, kingfishers, rails, raccoons, and
white-tailed deer.

Tomoka River

The Tomoka River watershed drains an area of about 150 square miles, making it
one of the largest sub-basins within the Florida East Coast Basin. Man-made
drainage, including the Tiger Bay Canal and the Thayer Channel, has increased the
boundary of the Tomoka watershed. These canals cut through ridge lines to drain
landlocked swamps to the west of the Rima Ridge, an ancient sand dune ridge line
that extends north and south from the southern edge of Hull Cypress Swamp to the
north, and the Lake Ashby area to the south. The approximate boundary of the
Tomoka watershed is depicted in Figure 3.

The natural headwaters of the Tomoka River originate in low lying areas south of
Interstate 4 (1-4) and west of Interstate 95 (1-95). From its natural headwaters, the
river flows generally northward for about 9 miles, about 1/2 of a mile west of and
generally parallel to 1-95, to just north of its intersection with S.R. 40. From hero the
Tomoka River runs in a generally northeasterly direction until its confluence with the
Halifax River estuary at the Tomoka Basin.

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The upstream reach of the Tomoka River has three primary natural tributaries:
Priest Branch, the Little Tomoka River, and Groover Branch. These three tributaries
drain the northern and western areas of the watershed, east of the Rima Ridge.
Numerous other tributaries and canals, varying in size, flow into the Tomoka River.

Misner's Branch is a smaller natural tributary which drains a generally north-south
41C' corridor, located generally between Nova Road on the east and Clyde Morris
Boulevard on the west. Its headwaters begin south of Ormand Beach.

Thompson Creek is a natural tributary up to approximately the future Wilmette
Avenue extension. South of this point the creek has been dredged. This tributary
drains a larger north-south corridor, located generally between Ridgewood Avenue
on the east and Nova Road on the west. Its headwaters begin in Holly Hill.
Thompson's creek north of North of US 1 is part of the Tomoka River Manatee
Sanctuary.

Strickland Creek is a man-made waterway which extends from the confluence of
Thompson Creek and Dodson Creek north through properties included in the
John's Island tract and Tomoka State Park. It enters the. Tomoka River just south
of the bridge at Old Dixie Highway. The creek is much wider and deeper than
Thompson Creek and gives the appearance of a natural waterway. Strickland Creek
is utilized extensively by manatee, and is part of a designated Manatee Sanctuary
(Figure 6)..

Bear Creek is a natural drainage feature which enters the Tomoka River north of
the Ormond Beach Airport and south of U.S. 1. This waterway drains the area
between the airport and U.S. 1 and some of the area to the east of U. S. 1,
including portions of Tomoka Estates and National Gardens housing developments.

The Lamoureaux Canal is a man-made feature which drains approximately 9 square
miles in the northeastern section of the Tomoka drainage basin. It enters the east
side of the Tomoka Basin via the salt marsh.

Tornoka Basin

The Tomoka Basin is 376 acres of shallow estuarine bay, located at the confluence
of the Tomoka and Halifax Rivers. Water depth throughout most of the Tomoka
Basin is approximately three feet or less, depending upon the tide, There are,
however, some deeper holes located throughout the basin and it is relatively deep
around the "point" at Tomoka State Park. A small island (approximately 3.7 acres)
is located in the southeast section of the basin, adjacent to Tomoka State Park.

Tomoka Marsh Mosquito Impoundment

An I 100-acre marsh was impounded by the East Volusia Mosquito Control District
in 1968 to control the production of saltmarsh mosquitoes. The impounded marsh
is located between the Tomoka Basin and Bulow Creek, to the south and north,
respectively, and is bordered on the west by uplands and to the east by upland
spoil created from the Intercostal Waterway. The impoundment has not been
actively managed since 1980 and is permanently opened to the estuary by seven
39 inch culverts and two breaches in the impoundment dike wall.

Within an impounded area, unfavorable conditions may occur which decrease the
productivity of the impounded area. The combination of high temperature, high
organic content, and shallow water depths typically result in low dissolved oxygen
levels in the near-dawn hours, the time of greatest biological oxygen demand.
Under these conditions, mortalities or severe stress can affect species which
require relatively high levels of oxygen. Although the marsh inside the impoundment
is disturbed, culverts and breaches in the deeper perimeter ditches and other
interior ditches provide access -to marsh habitat for many fish from the estuary.

Access to estuarine marsh habitat is significant to the health of an estuary because
1) -it provides important habitat for juveniles of many species; 2) it exports detritus
and other natural plant nutrients that are consumed by the estuary; and 3) it
provides numerous "cleansing" functions, such as natural storm water treatment.
Impoundments also significantly change the salinity, water levels, vegetation, and
hydrology of both the impounded area and the adjacent or nearby estuary.

B. CLIMATE

The preserve is located with@in subtropical east central Florida, which has an
average annual temperature of 70 degrees Fahrenheit (Lichter, 1972). The nearby,
Atlantic Ocean moderates extreme conditions with predominant inshore winds,
which blow from the ocean o.nto the land approximately 22.9 percent of the time in
coastal Volusia County (Ormond Beach, 1990).

Volusia County has an average annual rainfall of approximately 52 inches, as
measured at the National Oceanic and Atmospheric Administration's (NOAA) station
at the Daytona Beach Regional Airport. Large variations occur in levels of yearly
rainfall. Rainfall during a wet year may amount to twice that which occurred during
a dry year. The maximum annual rainfall recorded in Volusia County was 67.3
inches in 1941, while the minimum recorded annual rainfall recorded was 31.4
inches in 1956 (Volusia-Flagler Sierra Group, 1989).

C. GEOLOGY

The rise and fall of sea level has played a continuing role in the condition of the
region and the present estuary and barrier island. In the late Pleistocene, sea level
was higher than it is today, and the present chain of barrier islands existed as
offshore sand bars. The Atlantic Coastal Ridge functioned as a barrier island that
protected a shallow lagoon which is now known as the Pamlico Terrace. When the
sea level dropped at the beginning of the glacial age, the current estuary and
barrier islands were exposed. These barrier islands had partially lithified through
,!F the precipitation of calcium carbonate. As the sea level rose during the deglaciation
of the continent, the estuary became brackish through partial inundation by oceanic
water. A subsequent drop in sea level, exposed the site of today's estuary.
Deposition of sediments through fresh water transport and wind partially filled the
estuary until the last great ice sheets melted, and the sea level rose to form what
is today's Halifax River and Smith Creek.

Where beachfront development has occurred on the barrier island, it has either
destroyed or significantly altered large portions of the natural dune system which
serve to protect the island during storm events. The natural dune system also
functions to protect both the estuary and the mainland.

Q. HYDROLOGY

Intense development on the barrier island -has affected the hydrology of the area
in varying dearees by stormwater drainage, septic tank leachate, package plant
effluent, and dredge and fill operations. Other freshwater impacts include pesticides,
herbicides, bacteria, and nutrients transported as they run off from agricultural,
residential, and urban lands.

The hydrology of the preserve is influenced substantially by the wide, shallow
nature of the Halifax River (lagoon) and of the Tomoka Basin. Bridges, causeways,
pilings, revetm.ents, and spoil islands are man-made features which can have a
significant direct impact on the hydrology of a waterway and indirectly affect water
quality.

Most of the estuaries! watershed has been modified. by mosquito control,
residential development or silvicultural drainage. Silvicultural areas west of the
preserve represent the earliest stage of these alterations. Major artificial drainage
networks typically allow larger amounts of fresh water to flow into the estuary more
quickly and with more silt deposition and nutrient loadings than would have under
the natural drainage conditions. Natural drainage patterns include freshwater input
via creeks and rivers; groundwater seepage; and sheet flow, where surface water
is slowed and filtered as it flows through natural upland and wetland vegetation.

Tidal action affects the Tomoka Basin, the Tomoka River, and all of the tributaries
for a distance of about 10 miles upstream from the Halifax River, although the U.
S. Geological Service flow records indicate that at 5 feet mean sea level (MSL)
gravity driven flow and tidally driven flow normally separate. Above 5 feet MSL, flow
is largely downstream, except during extreme wind and rain conditions. Below 5
feet MSL, flow reversals and water stacking may occur. When this happens,
typically during fall "northeasters," suspended water columns may deposit large
quantities of sediment on the bottom.

The Tomoka Basin is influenced almost equally by both the Matanzas Inlet, to the
north, and the Ponce DeLeon Inlet, to the south. For example, the average net tidal
flow into the Tomoka Basin from Matanzas Inlet, approximately 25 miles to the
north, is 211 cubic feet per second. Because of low gradients and poorly integrated
drainage from nearby former marine terraces, water movement in the Halifax River
(lagoon) is influenced more by tidal flushing than by surface runoff (Ormond Beach,
1988).

E. WATER QUALITY

Water quality directly affects the plants and animals naturally adapted to living in the
Tomoka Marsh. Aquatic Preserve. The Florida Department of Environmental
Regulation (FDER) conducted- extensive water quality testing in the Halifax River
during 1986 and 1987, from the Tomoka Basin south to Bethune Point at Daytona
Beach. Water quality was found to decline progressivbly from the Tomoka Basin
south, with the poorest water quality found between Daytona Beach and Port
Orange. Water quality progressively improved north of the Tomoka Basin.

Point and non-point sources of pollution, compounded by low flow rates and the
shallow nature of tidal estuary, affect water quality within- the preserve. Manmade
modifications (including: boat ramps, finger canals, marinas, stormwater outfalls,
upstream drainage facilities, and wastewater treatment outfalls) are also among the
many variables that influence the water quality of the preserve (Ormond Beach,
1990). The timing, quantity, and chemical constituents associated with these
pollution sources are different and therefore will have differing impacts on the
estuarine system.

Point source pollutants are those which enter the receiving water body at a specific
point, such as a ditch or discharge pipe. They are generated at an easily definable
location, such as a wastewater treatment plant or factory, and are generated from
a particular process, i.e., the treatment of domestic sewage or dry
clean ing/com mercial laundry operations. Sewage, industrial, and utility discharges
are three general types of point source pollution. The FDER is the agency
responsible for permitting and monitoring point source discharges to waters of the
state.

Non-point source pollution is that which is generated over a large area and which
generally enters the receiving water gradually along a certain length of the
waterway. In some cases, non-point source pollution may enter the receiving water
body at a specific point (e.g., culverted stormwater runoff from parking lots, farm
fields, etc.). Non-point sources generally are less well defined than point sources
in terms of the location and the processes which created the effluent. The six basic
categories of non-point pollution are: urban stormwater runoff, construction,
agriculture, silviculture, residual waste, and hydrologic modification.

Urban stormwater runoff generally results from rainfall striking and flowing off
impervious surfaces such as buildings, roads, and parking lots. The water picks up
dust, dirt, litter, and residual products from automobiles. Other predominant
constituents of urban stormwater include suspended solids, oil, grease,
microorganisms, heavy metals, and biologically/chemically demanding substances.

Construction related activities have the potential of introducing a number of
pollutants to aquatic systems through site runoff, especially on small waterfront lots
which are typical of the Tomoka Basin. Runoff can occur during the land clearing,
construction, and landscaping processes. Exposed soil is subject to erosion during
the land clearing process. During the construction process, substances such as
sanitary wastes, petroleum products, trash, and cement are common constituents
of site runoff. Landscaping activities may contribute suspended sediments,
nutrients, herbicides and pesticides to site runoff. Package wastewater treatment
facilities which discharge to percolation ponds or drainage fields may pose
potential water quality problems. One package treatm 'ent plant (Tymber Creek) is
located adjacent to the Tomoka River a short distance upstream from the preserve
boundary north of US 1.

Septic tank systems are another potential non-point pollution source. Areas with
high concentrations of septic tanks are found on the barrier island in
unincorporated Volusia County and Ormond-by-the-Sea and on the mainland in
several subdivisions. Subdivisions with septic tanks located on the Tomoka River
directly south of the Preserve boundary include Tomoka Estates, Twin Rivers,
Hidden Hills, Tidewater and Broadwater.. In areas where percolation is rapid, even
properly functioning septic tanks have a significant potential to degrade water
quality. The close proximity of numerous housing developments to major water
bodies creates the possibility of ground water and, eventually, surface water (via
lateral subsurface flow) contamination by improperly functioning septic tanks or
associated drainfields.

F. BIOLOGICAL COMMUNITIES

Knowledge of the importance of ecological communities and their associated floral
and faunal structure, as well as the interdependency between communities, has
greatly increased in recent years. Public awareness of the numerous services that
ecosystems provide "for free" is increasing as is cognizance of the global
magnitude and ramifications of vegetative community destruction.

The Tomoka Marsh Aquatic Preserve is a valuable nursery area for fishes, shrimps,
and crabs caught commercially and recreationally in the Atlantic Ocean. Other
species not directly important to commercial fishing but necessary to the food chain
also depend on the estuary and the diversity of habitats within. The preserve is also
important habitat for resident and transient wildlife species. Marshes, tidal flats,
seagrass beds, algal beds, and deepwater areas provide refuge from predation and
from extremely adverse environmental conditions, such as drought, storms, and
from the effects of development-related activities. Other habitat benefits include
sites for feeding, resting, mating and nesting.

The preserve is utilized by over 50 species of fish, including snook and redfish, as
well as manatees, marine turtles, bottlenose dolphins , wood storks and other
wading birds and- a variety of other wildlife. The variety and abundance of wildlife
found in the preserve can be attributed to the diversity and availability of a number
of biological communities present in the preserve: salt marsh, tidal flats, marine
macroalgae, seagrass, and black mangrove. The following plant communities are
presented separately, although they are ecologically interdependent.

1. MARSHES

Salt marsh comprises one of the most extensive communities within the Tomoka
Marsh Aquatic Preserve (Figure 4). Although many salt marshes often are
dominated by a single floral species, salt marsh vegetation within the preserve
typically has smooth cordgrass (Spartina alterniflora) as the first emergent
vegetation, succeeded landward by black needle rush LJuncus roemerianus), which
occurs in large vegetative bands or zones. Salt flats, located farther landward, are
only intermittently flooded by tidal water. High evaporation, transpiration, and
percolation rates result in high salinities in the interstitial water, with consequent
domination by halophytes, such as saltgrass (Distichlis spicata), annual glasswort
(Salicorniahigalovyii), perennial glasswort (Salicornia virginica), and saltwort (Elafis
maritima). Soils are typically level, saturated or inundated consisting of coarse
textured sands or organics underlain by clay or sand.

Salt marsh vegetation is frequently the dominant biological community within the
estuarine environment, especially north of tropical and subtropical. ranges of
mangrove swamps. This occurs because the naturally turbid estuarine water limits
the amount of light penetration to bottom sediments, thus limiting seagrass

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proliferation and creating a situation favorable to the emergent salt marsh
vegetation which can establish itself in the upper intertidal areas (Nybakken, 1982).

Salt marshes foster a food chain that starts with vegetation fragments decomposing
into detritus. Detrital matter leaves the marsh and enters the estuary where it
serves as the base for the estuarine and marine food cycle. Amphipods, bacteria,
clams, crabs, insect larvae, mussels, etc., consume cletritus and are subsequently
consumed by successively larger creatures. Salt marshes are noted for high
productivity and for the shelter and habitat they provide for juvenile and adult fish,
birds, invertebrates, and mammals. Salt marsh grasses also protect the shoreline
from erosion and remove suspended nutrients and sediments from the water.

As salt marsh vegetation traps nutrients and sediments, the rate of deposition of
detritus around individual plant bases is accelerated. As deposition or accretion
continues, an environment emerges which is less and less marine and more
terrestrial, with salt marsh flora replaced by upland plant species. This succession
continues with a series of vegetative zones occurring progressively farther from the
water, as the marsh reduces the surface water area by slowly converting it to dry
land (Nybakken, 1982).

Extensive areas of salt marsh within the preserve have been ditched for mosquito
control. Under natural conditions, depressions within the marsh are intermittently
inundated by unusually high tides or by rainfall. Mosquito production is a natural
part of marsh ecosystem which becomes a problem when developed areas occur
in close proximity to natural areas.

Natural salt marsh is classified as either high marsh or low marsh. High marsh is
rarely -inundated by tidal water, in contrast to low marsh, which is flooded either
daily or on a regular basis.

a. High marsh

High marsh is typically found on a relatively sandy substrate, where water
percolates rapidly. The infrequent inundation and rapid percolation, in combination
with high evapotranspiration rates, results in a highly saline environment. Halophilic
plants, including saltgrass (Distichlis spicata), annual glasswort (Salicornia
biclelowii , perennial glasswort (Salicornia virginica), and saltwort (gatis maritima)
are dominant high marsh vegetation in undisturbed areas.

b. Low marsh

Low marsh is typically found on muck soils, such as Turnbull muck, which is flat
soil formed in clayey and sandy estuarine deposits. Some low marsh, however, can
be located in hard-packed sandy soils.

In undisturbed areas of the preserve, primary vegetation consists of smooth
cordgrass (Spartina giterniflora) and black needle rush (Juncus roemerianus).
When low marsh is flooded by tidal action, its shallow ponds, ditches and tidal
creeks are important feeding areas and habitat for arthropods, such as crabs and
shrimp, as well as for finfish, such as mosquito fish, sheepshead, minnows, and
killifish. The Atlantic salt marsh snake, which is designated as "threatened" by both
the U. S. Fish and Wildlife Service and by the Florida Game and Fresh Water Fish
Commission is an inhabitant of this area.

The abundance of small invertebrates and vertebrates in the low marsh makes it
a natural feeding area for waterfowl, wading birds, raptors, aquatic mammals, and
some wildlife from adjacent upland habitats. Predatory fish lurk near the edges of
these marshes to prey upon shrimp, crabs, and small finfish, especially when the
outgoing tide carries many of these smaller creatures into deeper waters.

Revegetated ruderal spoil areas were created when dredged spoil material was
deposited on low marsh areas during the 1950s and 1960s. These spoil areas are
largely revegetated with high marsh grasses and succulents and often have a high
unnatural berm of spoil material, which separates the low salt marsh from the
adjacent estuary. The berm is comprised primarily of sea ox-eye daisy (Borricia
frutesce0s). When water is entrapped behind these unnatural berms, mosquito
propagation is enhanced, as there are few or no natural predators, such as the
mosquito fish to consume the mosquito larvae. To correct this situation, natural
estuarine processes should be restored by ecologically-compatible management
techniques,. such as Open Marsh Water Management to enhance tidal flow onto
and off the marsh.

The black mangrove (Avicennia germinans), the most cold-tolerant mangrove, is the
only species of mangrove found in the preserve. Although a few black mangroves
had existed as far north as South Ponte Vedra in St. Johns County, the preserve
is considered to be the northernmost extent of its range, especially since the severe
freezes of the 1980's. At this time, only relict populations of black mangroves exist
within the preserve, although they could recolonize in the absence of severe
freezes.

2. TIDAL FLATS

Tidal flats are located throughout the Tomoka Basin. They comprise a variety of
shallow aquatic habitats which are largely void of either seagrasses, attached
estuarine algae, or emergent salt marsh vegetation. They may be found along
lagoonal beaches, in areas waterward of salt marshes, within submerged spoil
areas, and on natural shoals. Mollusks, such as the American oyster Qrassotrea
virginica) and the southern hardshell clam (Mercenaria campechiensis) inhabit areas
on or adjacent to tidal flats. Arthropods, such as the blue crab (Callinectes
sapidus), edible shrimps (Penaeus setiferus and Penaeus aztecus), and finfish,
such as flounder and mullet, also inhabit tidal flats.

Intertidal mud and sand flats are usually colonized by microscopic algae, which is
an important element of the food chain in estuarine areas where submerged
grasses are lacking.

A variety of birds are attracted to tidal flats to feed on the numerous invertebrates
and small finfish. Many of these birds are noted for forming extensive nesting
colonies in adjacent upland areas. Successful propagation may depend upon the
vitality of the tidal flats, the availability of nearby nesting sites, and the safe and
undisturbed ingress to and egress from feeding and nesting sites. Tidal flats not
only serve as feeding sites, but also as "loafing" areas for these birds (Barnett et
al., 1980). Research is needed to determine the complete ecological role and value
of tidal flats,- which has not yet been determined.

3. ALGAE

Algae represent the non-vascular vegetation in the preserve. There are over 60
species of red, brown,, and green algae that typically grow in sediment, or attach
to seagrass, seawalls or rip-rap. Some of these algal species can begin as attached
forms and eventually break off to form drifting algae mats that become substrata
for numerous invertebrates, associated algae, and fish. Drift algal communities may
provide better refuge for many organisms than do seagrasses (Eiseman and Benz,
1975; Benz et al., 1979; Gore et al., 1981; Kulczycki et al., 1981; Virnstein and
Howard, 1987).

Little work has been done an algal species within the preserve. The species most
likely to occur in the preserve include:.Gracilaria�p., Neoagardhiella.@ip., Ulvajip.,
and Enteromorphagp..

Because aggregates of attached algae exhibit many of the ecological attributes
associated with seagrasses (Nelson et al., 1989), this community should be
afforded a similar level of protection.

4. SEAGRASSES

Seagrasses are among the most productive estuarine communities and provide a
vital habitat for adult and juvenile fish, mollusks, and crustaceans. Seagrasses play
an integral part in the cycling of nutrients in the estuarine environment. They are
consumed directly by urchins, gastropods, fish, and manatee (Zieman, 1982).
Decomposition of seagrasses contributes to the food source of detritus, feeders,
which in turn are consumed by fish and other marine life. Seagrasses are used as
an attachment site for many forms of epiphytic algae and Foraminifera, which may
be a more'important food source for fish and juvenile shrimp then are the
seagrasses themselves (Zieman and Wetzel, 1980; Dawes, 1981).

When a loss of seagrasses occurs, reductions in such features as water quality,
habitat, survival of many larval and juvenile fish and invertebrates, and the
availability of food throughout the food chain can take place. Most losses of
seagrasses are caused by dredge and fill activities. Even if the fill is not placed
directly on top of seagrass beds, mortality may result from increased water
turbidity. Unconsolidated particles of fill may be continually resuspended into the
water column, inhibiting recolonization by seagrasses. Excessive nutrients from
point and non-point sources of pollution can cause phytoplankton blooms or
dramatic epiphytic algal growth that may shade seagrasses and cause reduced
overall productivity. Propeller cuts (prop. dredging) directly reduce aerial coverage
of seagrass beds, by chopping and digging out the grasses directly.

Little seagrass appears to occur within the preserve. Little is known of the species,
location, seasonality, or extent of seagrasses present in the preserve. It is not
known if seagrasses were ever an important feature in the Tomoka and Halifax
Rivers. If they were present, past dredging activities, persistent resuspansion of
unconsolidated particles, and other factors may have contributed to the decline of
seagrass beds and may inhibit recolonization of seagrasses. Studies are needed
to determine the following: 1) which species are present.and their location; 2) what
the seasonal growth, reproduction, and termination patterns are; 3) whether sea
grass beds are increasing, decreasing, or maintaining equilibrium in terms of size;
and 4) whether modification of existing land use patterns, wastewater treatment
facilities, and stormwater infrastructure will improve or worsen the existing situation
(DNR, 1988).

G. LISTED SPECIES

Listed species are those which are designated by the U.S. Fish '& Wildlife Service,
Game and Fresh Water Fish Commission, and the Florida 'Natural Areas Inventory
as being endangered, threatened, or as species of special concern. Endangered
species inhabiting the preserve include the West Indian manatee (Irichechus
manatus and the wood stork (Mycteria americana). Threatened species include
the bald eagle Haliaeetus leucocephalus, Atlantic salt marsh snake (Nerodi
fasciata Laeniata), and the Atlantic loggerhead sea turtle (Carett caretta). Species
of special concern include the brown pelican (Pelecanus occidentalis), snowy egret
(Egretta thula), roseate spoonbill (&ai@a ALaLa), and the common snook
(Centropomus undecimalis). Another protected species which inhabits the Tomoka
Marsh Aquatic Preserve is the bottlenose dolphin (1:ursiopsLruncatus). A complete
list of listed species which have been documented in or adjacent to the preserve
is provided in Table 1.

TABLE 1
LISTED WILDLIFE SPECIES

COMMONNAME FDAIGFC FWS CITES

Plants

Carolina Holly T
Ilex ambiciua
Florida Coontie CE
Zamia floridana (=Z. pumila)
Green-fly Orchid T
Epidendrum conogseum T
Prickly-Pear Cactus
Opuntia stricta T
Dwarf Palmetto Bluestem
Saba[ minor T
Florida Privet
Forestiera searegata C1
Giant Leather Fern
Acrostichum daneifolium T
Golden Polypody
Phlebodium aureum T

Reptiles

Atlantic Salt Marsh Snake T T
Nerodia fasciata taeniata
American Alligator SSC TSA 11
Alligator mississippiensis
Eastern Indigo Snake T T
DUmarchon corais couperi
Florida Pine Snake SSC C2
Pituophis melanoleucus mugitus
Gopher Tortoise SSC C2
Gopherus polyphemus

Mammals

River Otter
Lutra canadensis

COMMON NAME FDAIGFC FWS CITES

Round-tailed Muskrat C2
Neofiber alleni
West Indian Manatee E E I
Trichecus manatus latirostris
Bobcat
lynx rufus

Fish

Snook SSC
Centropomus undecimalis

Birds

Bachman's Sparrow C2
Aimoghila aestivalis
Bald Eagle T E I
Haliaeetus leucocephalus
Brown Pelican SSC
Pelecanus occidentalis
Least Tern T
Sterna antillarum
Little Blue Heron SSC
I Earetta caerulea
Florida Scrub Jay
Aphelocoma coerulescens
Northern Harrier
Circus cyaneus
Osprey
Pandion haliaetus
Roseate Spoonbill SSC
Aja[a gaja
Snowy Egret SSC
Egrett thula
Southeastern American Kestrel T C2
Falco sparverius paulus
Tricolored Heron SSC
Earetta tricolor
Wood Stork E E
Mycteria americana

1 FDA: Florida Department of Agriculture and Consumer Services
GFC: Florida Game and Fresh Water Fish Commission
E: Endangered
T: Threatened
SSC: Species of Special Concern
CE: Commercially Exploited

2. FWS: U.S. Fish and Wildlife Service
E: Endangered
T: Threatened
TSA: Threatened due to similarity of appearance
Cl: A candidate for federal listing, with enough substantial information
on biological vulnerability and threats to support proposals for
listing.
C2: A candidate for listing, with some evidence of vulnerabil4, but for
which not enough data exists to support listing.

3. CITES: Convention an International Trade in Endangered Species of Wild
Fauna and Flora.
1: Appendix I Species
11: Appendix 11 Species

The Halifax River and Smith Creek are an important travel corridor for the West
Indian manatee. The Tomoka River and its downstream tributaries are especially
significant to the slow-moving manatees as quiet places to eat, rest, drink fresh
water, mate and give birth. The Tomoka River system was the site of the first
documented manatee birth in the wild. In 1989, the Florida legislature designated
the Tomoka River, Strickland, Thompson and Dodson Creeks as a Manatee
Sanctuary.

Motorboats pose an increasing threat to manatee. Most documented boat-related
manatee mortality occurs when the manatee is struck by the boat hull. Other
injuries and fatalities occur when the manatee is cut by propellers. Researchers
believe that excessive and noisy boat traffic or personal watercraft may cause
pregnant manatees to abort or to deliver still-born calves.

The wood stork is another endangered species observed utilizing the preserve as
feeding habitat. Wood storks, which consume large quantities of fish, are seen
feeding in the shallow water areas and wetlands associated with the Tomoka Basin,
the Tomoka River, and their tributaries. Although no wood stork rookeries have
been documented near the preserve, the tall cypress trees along the reach of the
Tomoka River between U. S. 92 and S. R. 40 are believed to comprise a potential
rookery area.

The Atlantic salt marsh snake is a small, slender, heavily keeled subspecies
endemic the Florida east coast. It inhabits salt marshes and mangrove swamps
and tolerates a wide range salinities. It ranges from the Tomoka Marsh Aquatic
Preserve south to Indian River County. The salt marsh snake is thought to occupy
fiddler crab burrows. It feeds in shallow water at low tide upon small fish which
have been trapped by the tide. Although primarily nocturnal, it is known to feed
during the day at low tides (Ormond Beach, 1988). The primary threat to the
Atlantic salt marsh snake is habitat destruction, such as dredge and fill activities;
East Volusia County Mosquito Control staff reported that it utilized rotary ditched
areas in Mosquito Lagoon (Paul Haydt, pers. comm.).

The Atlantic loggerhead sea turtle is the primary sea turtle to nest along the coastal
beach on the barrier island, which is adjacent the eastern side of the preserve.
Loggerheads spend a portion of their juvenile years in estuarine waters, such as
the Halifax River. They are omnivorous, feeding on crabs, mollusks, jellyfish,
shrimp, and vegetation." Sea turtles have been known to swallow plastic bags or
balloons, which resemble jellyfish, but if swallowed, can choke or block the turtles'
digestive tract. Within the estuary, sea turtles are vulnerable to the hazards posed
by plastic litter, water pollution, and collisions with boats and barges.

The eastern brown pelican is a colonial nester, congregating in large numbers on
small islands. Brown pelicans are often observed utilizing the spoil islands within the
preserve as resting places, but nesting activities have not been observed.

Common snook are numerous in the Tomoka River system during the second half
of September through November. Snook are vulnerable to cold weather, as was
evidenced by a massive fish kill in Strickland Creek after a severe freeze in January
of 1977. Several individuals reported killed were in excess of 25 pounds.

From 1977 to 1981, the Florida snook -population declined by 70 percent from its
previous rate. The Florida Game and Fresh Water Fish Commission subsequently
designated snook as species of special concern, at the request of the FDNR. The
FDNR's Bureau of Marine Research presented information at the first Snook
Symposium which prompted the Governor and Cabinet to prohibit snook fishing
during June and July of 1982. The closed season for snook was expanded to
include January, February, and August (DNR,1987).'

Snook populations are also vulnerable to losses from heavy recreational fishing.
They face a significant loss of habitat as the result of coastal development, which
has severely diminished the estuarine habitat productivity throughout the state.
Mortalities can also result from the use of chemical pest control sprays, such as
Baytex and Malathion adjacent to or in close proximity to spawning or nursery
areas (DNR,1987).

The bottlenose dolphin (jursiops truncatus) is protected under the Marine Mammal
Protection Act as defined in the Florida Statutes. They inhabit the preserve year-
round, but are more numerous during the spring and autumn menhaden runs.
During that time, the large mammals can be observed chasing and feeding upon
menhaden and other small fish in the shallow tidal flats of the Tomoka Basin and
in the deeper waters of the Tomoka and Halifax Rivers.

Habitat destruction,'increased boat traffic, and water pollution have been tentatively
linked to decreased bottlenose dolphin populations. Little is known about the
bottlenose dolphin population that inhabits the preserve or about the effects of
these variables upon local populations. Research does indicate, however, that
between 200 and 600 bottlenose dolphins are believed to be permanent residents
of the nearby Indian River Lagoon and that between 9 and 18 dolphins die there
each year.

H. ARCHAEOLOGICAL AND HISTORICAL RESOURCES

Nineteen prehistoric sites have been identified near the preserve. These sites
include the Cotten Site, the Summer Haven Site and the remains of the Timucuan
village, Nocoroco.

The Nocoroco site had as many as 200 palmetto-thatched huts, a.common
granary, and a council meeting house. Nocoroco was situated at the tip of the
peninsula that is now Tomoka State Park. The area has been heavily eroded over
the years, and today the oyster shells found just off the point represent a part of
the village itself. Tomoka State Park is addressing this problem in two ways: it
proposes to stabilize the shoreline by planting vegetation, and it proposes to
minimize the effects of visitors on the upland vegetation by constructing walkways
to confine all foot travel.

A recent grant award by the Division of Historical Resources will provide for an
archaeological reconnaissance survey of 320 acres of the Tomoka peninsula.
Archaeologists will record new sites as well as record sites that were discovered in
the 1940's. The project will produce an inventory of prehistoric and historical sites
present on a 1 1/2-mile-long stretch of the peninsula.

Because most of the identified prehistoric sites are on state-owned land, they will
be managed in a manner that will preserve and maintain their value for future
generations.

Several prehistoric and historical sites were noted in the archaeological and
historical survey of the Halifax Plantation Development of Regional Impact (DRI)
report (Daniel et al., 1980). The development of areas that do not require DRI's or
that are not state-owned, however, are of concern, because it is difficult to ensure

the protection of archaeological or historical interests from destruction during
development. It is very likely that undiscovered sites, particularly from early
periods, occur next to or within the aquatic preserve boundary.

1. PALEONTOLOGICAL

The Tomoka Marsh Aquatic Preserve and its surrounding uplands contain
numerous paleontological and other irreplaceable links to the past. These assets
provide a unique record of the area's prehistoric heritage and an opportunity to
understand ecosystems which have occurred in geological history, including the
discovery of species which may not have been known to exist in'the area.

Many birds and land mammals had evolved considerably by the time parts of what
is now peninsular Florida emerged as land. The present-day preserve and its
surrounding land area was still inundated during this era, but evidence of Oligocene
terrestrial creatures exists at a 28 million year old fossil site in Alachua County.
Land creatures recovered included Mesohippus, a diminutive three-toed horse;
rodents; snakes; turtles; and oreodonts (pig-like creatures that ate grass).

The end of the Oligocene Epoch, about 24.5 million years ago, marked the
beginning of the Miocene Epoch which lasted about 19.5 million years and ended
about 5 million years ago. The first half of the Miocene hosted an increase in
species diversity and abundance on the portion of the Florida peninsula that was
exposed as land and in the shallow marine-estuarine waters that covered what is
now present-day Volusia and Flagler counties.

Large sharks, such as Carcharodon, Megaloclon, and sea cows, such as
MetaL(ytherium were abundant in the marine and estuarine waters. Primitive bears
(Indaretos) and early sabrecats, (Machairodus) had migrated to the exposed upland
peninsula from Eurasia and South America, respectively, by the late Miocene.

The Bone Valley Formation extends north and south along the eastern Volusia
County mainland parallel to the ICW. Bisected by the Tomoka River, it was created
during the final 8 to 10 million years of the Miocene and the first part of the Pliocene
epochs. Its consists of the remains of fish, mollusks, and marine mammals which
died and were buried in silt and clay that eroded from the land. As the sea level
receded, terrestrial animals used the area until the sea rose again and their remains
are found there as well.

The Pliocene Epoch, lasted 3.2 million years, beginning 5 million years ago and
ending 1.8 million years ago with the beginning of the Pleisocene Epoch. The
Pleistocene lasted about 1.7 million years, until about 10,000 years ago. During the
last part of the Pliocene and the first part of the Pleistocene, the sea levels
vacillated up and down approximately 30 times, ranging from 20 feet above the
present sea level to 300 feet below it.

Many species which arrived in the area during the Pleistocene are present today,
including birds and reptiles. Other animals present during the Pleistocene, but not
surviving today include edentates (armadillos from South America), glyptodonts,
and sloths. Glossotherium, the ground sloth, migrated to Florida during the late
Pliocene, while -Eremotherium, the giant sloth, came here during the Pleistocene.
Eremotheriurn was the largest land animal to inhabit Florida, attaining a length of
as much as twenty feet. Horses, mammoths, mastodons, giant tortoises, and
llamas also inhabited Florida during the Pleistocene.

A significant local paleontological discovery occurred in 1968 when an Ormond
Beach diver and amateur paleontologist found a giant sloth skull in the lower
Tomoka River. Later, two nearly intact giant sloth skeletons were recovered from
the portion of the Bone Valley Formation known as the Daytona Bone Bed. These
were the first giant sloth skeletons found in the United States and are internationally
significant.

CHAPTERIV

REGIONAL LAND USE AND DEVELOPMENT

A. ADJACENT UPLAND USES

Based on existing development conditions, upland uses adjacent to the preserve
are categorized as follows: single-family residences, multi-family residences,
commercial, public recreation, and preservation. These broad categories identify the
general upland use adjacent to state-owned submerged lands and do not reflect
county and municipal zoning terminology. Figure 5 shows the county's
classification of adjacent land uses bordering the preserves.

Single-family residential: Extensive single-family development exists on the
barrier island. Areas along the Halifax River, within the city of Ormond Beach,
are nearly built-out. In unincorporated sections of both Flagler and Volusia
counties which abut the Halifax River and Smith Creek, there is increasing
pressure to develop marginal and submarginal sites adjacent to the
preserve. This problem is most acute along the Halifax River in the
unincorporated community of Ormond By The Sea, where fill has been
deposited in waters of the state or jurisdictional wetlands in order to create
lots large enough to build upon.

On the mainland, single-family development along the Halifax River within the
city of Ormond Beach is near build-out, except for property within the State
Park system.

Single-family residential development occurs along the Tomoka River
segment of the preserve at Tomoka Estates. The entire shore of the Tomoka
Basin is relatively undeveloped. One house has been built along the
southwest bank of the basin and several others are planned or underway.
Other single-family units are under construction in the vicinity of "The
Sanctuary," a proposed residential subdivision near the intersection of Old
Dixie Highway and Addison Drive.

The 187 acre Bellemeade tract, which has been on the Cons ervation and
Recreational Lands acquisition list for a number of years, has been proposed
for residential development. In June 1989, the Ormond Beach City
Commission denied a special exception request to allow the construction of
"The Rivers", a 683-unit townhouse project. In August, 1989 the commission
rejected another development proposal for the site.

The development of the Bellemeade tract has been affected by the Ormond
Beach Comprehensive Plan and Ordinance No. 89-74, which established a

moratorium on the issuance of development orders for certain projects that
are inconsistent with the Comprehensive Plan. The south-western portion
of the Bellemeade site is designated as Surburban Low Density Residential
(SLDR) on the city's Future Land Use map while the northeast area is
designated as Rural Estates. The City Commission determined in December
1989 that the project, as proposed, was substantially inconsistent with its
comprehensive plan. They recommended several measures to minimize
impacts to aesthetics, fish, and wildlife values. Their recommendations
included clustering development on the property closest to U.S. 1 and
providing a conservation area or very low densities in the uplands on the
northeast portion of the site.

The city's Future Land Use Element designates the upland portion of the
Bellemeade property located northeast of the borrow pitlake as Rural Estate
while the area southwest of the lake is designated SLDR.

Within the SLDR land use classification, density allowances are calculated on
a site-specific basis, depending on a parcel's environmental characteristics
and availability of centralized water and sewer.

Multi-family residential: Two multi-family residential areas are adjacent the
preserve on the barrier island. One area, which consists of several
condominiums, is located near the Flagler/Volusia county line. The other
area is located in the southern section of the preserve.

Commercial: Two commercial areas are located within the preserve. One
marina is located on the barrier island, adjacent to the Halifax River, in
unincorporated Volusia Couhty. The marina's 47 boat slips, however, are
located within the municipal boundary of the city of Ormond Beach which
extends waterward from the MHWL. Another small marina is located on the
mainland, between US 1 and Tomoka Estates, adjacent to the Tomoka River
segment of the preserve.

Public Recreation: The Tomoka Marsh Aquatic Preserve connects a vast
mosaic of parks and public recreation areas located on both sides of the
Intracoastal Waterway, including the Tomoka State. Park (915 acres), Bulow
Creek State Park (2,645 acres), the North Peninsula State Recreation Area
(442 acres), Flagler Beach State Recreation Area (144 acres), and
Bicentennial (Buttenheim) Park. John's Island (640 acres) was purchased
by Volusia County and the city of Ormond Beach. It is currently under
consideration for acquisition in the Conservation and Recreational Lands
(CARL) program as an addition to Tomoka State Park.

OCLC. 26478765 Rec stat: n
Entered: 19920825 Replaced: 19950607 Used: 19921119
$ Type: a Bib lvk: m Source: d Lang: eng
Repr: Enc lvt: I Conf pub: 0 Ctry: flu
Indx: 0 Mod rec: Govt pub: s Cont: b
Desc: a Int tvl: Festschr: 0 Itlus: b
F/B: 0 Dat tp: S Dates: 1992, %
S 1 040 FBA Ic FBA %
$ 2 043 n-us-fL %
S 3 092 574.9759 12 20 %
$ 4 090 Ib %
$ 5 049 NOW %
$ 6 245 00 Tomoka Marsh aquatic preserve management plan : Ib (cabinet
ready draft) Ic prepared by the Bureau of Submerged Lands and Preserves,
Division of State Lands. %
$ 7 260 [Tallahassee] : Ib Dept. of Natural Resources, Ic [19921. %
$ 8 300 132 p. : Ib maps ; Ic 28 cm. %
$ 9 500 "January 1992.11 %
$ 10 504 Includes bibliographical references (p. 117-121). %
$ 11 651 0 Tomoka Marsh (Fla.) %
S 12 650 0 Marshes Iz Florida. %
S 13 650 0 Aquatic resources Iz Florida Iz Tomoka Marsh. %
$ 14 650 0 Marine parks and preserves Iz Florida Iz Tomoka Marsh Ix
Management. X
S 15 710 1 Florida. Ib Bureau of Submerged Lands and Preserves. %

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Preservation: The 2,582 acre Volusia Land Trust (VOLT) tract is the only
undeveloped tract of land designated for preservation adjacent to the
preserve. The tract was held by Volusia County until May 1991, when it was
acquired by the state of Florida as an addition to Tomoka State Park. The
642-acre John's Island tract, located south of the preserve, was acquired by
Volusia County and the city of Ormond Beach in 1988 and will be held until
it becomes an addition to Tomoka State Park.

B. USES OF THE PRESERVE

The uses of the preserve can be divided into five general categories: private,
commercial, public utilities, public recreation, and open water.

Private: Private uses include numerous docks and seawalls associated with
single and multkfamily residences.

Commercial: There are two marinas located adjacent to the preserve as
described above. There is some commercial fishing in the preserve, as well
as crabbing, but neither is extensive. Since this segment of the lagoon is
classified as "unclassified" for harvesting oysters or clams, there are no
shellfish leases approved under Chapter 370, F.S., nor can any oyster or
clam aquaculture leases be issued under Chapter 253, F.S.

-Public utilities: There are several submerged cables and/or pipes that cross
this segment of the preserve which provide utility services from the mainland
to the barrier island.

Public recreation: The preserve is used for recreational boating and fishing,
jet skiing, water skiing, canoeing, bird watching and scenic observation.
Public access points to the preserve consist of boat ramps located at
Tomoka State Park, Granada Riverfront Park, Sanchez Park, Highbridge,
Flagler Beach State Recreation Area, and at S.R. 100. The Halifax River
segment of the preserve is heavily used by boats navigating the ICW, which
access the preserve at inlets located at Matanza's Inlet to the north and
Ponce Inlet to the south.

Q. PLANNED USE

Most residential and commercial parcels are developed and their current use is not
expected to change substantially by the year 2000. Local Government
Comprehensive Plans deal specifically with projected upland use, but as the
region's population increases, there will be a concomitant increase in both public
and private uses of the preserve.

The U.S. Census population figures for Flagler and Volusia counties reflect an
increase in total numbers from 1970 to 1990. Annual population estimates are
produced by the Bureau of Economic and Business Research (University of Florida)
for the state's counties and municipalities. The information for Flagler and Volusia
counties is as follows:

Total Resident Population

Cgqnty 1970 1980 1990

Flagler 4,500 10,913 21,428
Volusia 169,487 258,762 378,400

Percent Increase in Total Population

CgUnty 1970 1980 1990

Flagler NA 43% 96%
Volusia 35% 53% 38%

These dramatic increases in population growth affect water resources and wildlife
habitat and generally increase the potential for environmental degradation.

Volusia County's Comprehensive plan was accepted by the state Department of
Community Affairs (DCA). Flagler County, the city of Flagler Beach, and the city
of Ormond Beach have adopted comprehensive plans, but they have not yet been
accepted by the DCA.

The Aquatic Preserve Program reviewed the Local Government Comprehensive
Plans for the county and cities to determine if the local governments were
proposing environmental safeguards with regard to the development of boating
services (e.g., ramps, marinas). Though both counties recognize shortages in.
boating facilities to adequately serve their respective needs, the LGCP's include
environmental constraints that are designed to preserve and protect natural
resources.

CHAPTER V

SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS

The first part of this chapter addresses management issues involving specific
activities which directly affect the biological integrity of the Tomoka Marsh Aquatic
Preserve, in contrast to structural modifications which also affect the biological
integrity of the preserve. Management issues include, but are not limited to:
increased motorboat traffic; increased use of personal watercraft; protection of
designated species; eradication of invasive exotic vegetation from spoil areas;
restoration of the presently abandoned mosquito impoundment area; land
acquisition for marsh preservation; preservation of the littoral vegetation within the
preserve; encouraging the provision of septage pumping and treatment facilities at
existing marinas operating within the preserve; and fish stocking programs. Other
issues may arise in the future and they will be addressed as they develop. The
second part of this chapter establishes management initiatives for these current
issues. These management initiatives are intended to provide additional
management direction to supplement those already set forth in Chapter 258, F.S.,
Chapter 18-20, F.A.C., or Chapter VI of this Plan.

A. MANAGEMENT ISSUES AND SPECIAL NEEDS

1. INCREASING MOTORBOAT TRAFFIC

Boaters from other areas in Florida, as well as tourists from out-of-state are
attracted to the preserve. The number of boat registrations in both Volusia and
Flagler counties has increased dramatically in recent years. The increase in the
numbers of boats, their size, and speed potential presents the challenge of
providing for safe boating experiences for as many people as possible while
minimizing the negative impacts to the preserves floral and faunal communities
(especially listed species), water quality, and to the recreational experiences of
other users.

Boating safety is a major concern as the number of boats steadily increases on a
finite area of waterway. In 1990, the state's boating accident fatality rate increased
by 20 percent over the 1989 rate. In 1990, Florida recorded 1086 boating accidents
with 88 recreational and 11 commercial fatalities. Thus, the state's 1990 boating-
related fatality rate was 14.2 per 100,000 vessels; the total vessel and property
damage was $4,314,211.

As of June 1990, Florida had 718,054 registered boats and an estimated 100,000
boats which do not require registration. An estimated 300,000 boats from out-of-

state navigated the state' s waters. The DNR projects more than 1,600,000
watercraft on Florida's waterways by the year 2000.

Increased boating activity also threatens the safety of manatees. Watercraft-related
manatee deaths account for 45 percent of the 'total manatee mortality in Volusia
County. It is the leading cause of human-related manatee deaths.

2. INCREASED USE OF PERSONAL WATERCRAFT/All R BOATS

the increased use of personal watercraft is a serious concern in terms of potential
impacts to fish and wildlife (especially listed species), other resource users, and
public safety. Personal watercraft are noted for their speed and maneuverability,
which make !hem potentially hazardous to boats which are not as responsive.

Personal watercraft, along with airboats, create significant noise disturbances that
affect wildlife, particularly during nesting seasons.

Consideration will be given to prohibiting personal watercraft. and airboats; from
areas inhabited by listed species, and shallow areas where disturbance to bottom
sediments would create excessive turbidity.

The city of Ormond Beach prohibited the use of personal watercraft in all tributaries
and canals connected to the Tomoka River by enacting Ordinance No. 89-38 and
Ordinance No. 89-63. Policy 2.1.7 of the Coastal Management Element of the
Ormond Beach Comprehensive Plan requires that, by 1993, the city consider
prohibiting personal watercraft from the Tomoka River.

3. PROTECTION OF LISTED SPECIES

Endangered and threatened species as well as species of special concern are
designated by four agencies: the Florida Game and Fresh Water Fish Commission
(GFWFC), the Florida Department of Agriculture and Consumer Services (DACS),
the U.S. Fish and Wildlife Service (USFWS), and the Convention of Trade in
Endangered Species of Wild Fauna (CITES). Each agency has its own focus, as
indicated by the regulations it provides to given species. For example, the GFWFC
does not address plant species, but the DACS addresses only plants.

Designated species are also provided protection by other agencies, with
overlapping protective measures reinforcing each other. For example, the DNR
actively protects manatee and all sea turtles which are listed by the USFWS and the
GFWFC. As another example, the snook was designated a species of special
concern by the GFWFC, but regulation of snook fishing is determined by the Marine
Fisheries Commission (MFC) and enforcement is primarily provided by the DNR's
Florida Marine Patrol (FMP).

Manatee: The most recognizable and best known of the listed faunal species found
in the Tomoka Marsh Aquatic Preserve is,the West Indian manatee. Manatees use
the Tomoka River system as a place to rest, feed, drink fresh water, mate, and give
birth. In 1989, with the support of both the city of Ormond Beach and Volusia,
County, the state legislature amended Chapter 370, F.S. to include the Tomoka
River, Strickland Creek, Thompson Creek, and Dodson Creek under the Manatee
Sanctuary Act. Figure 6 depicts the boundary of the Tomoka River Manatee
Sanctuary.

Protection zones for manatees within,the sanctuary include two idle boat speed
zones, one which extends south from the "point" of Tomoka State Park to the
mouth of Strickland Creek and another at the portion of the Tomoka River adjacent
to Tomoka Estates. These two zones existed prior to the sanctuary designation. A
slow zone in the Tomoka River extends between the two idle zones. Strickland,
Thompson and Dodson Creeks are designated slow speed zones. In spite of
implementing these boat speed zones, 4 human-related manatee deaths have been
documented in the preserve area since 1989.

In May 1991, additional Manatee Protection Zones (Figures 7 and 8) were
established for Volusia County which included areas along the Halifax and Tomoka
Rivers which were not previously protected. These boat speed zones established
under Rule 16N-22.012 to further protect manatees known to reside in the area.
Efforts should be made to enforce all manatee protection zones.

For a number of years, a tributary of the Tomoka River was the site of the only
witnessed and documented birth of a free-ranging manatee. There have been a
number of documented manatee calf deaths recorded from the Tomoka River
system. Since female manatees seek quiet areas as birthing places, it is critical that
these areas remain as undisturbed as possible.

Protec ting manatee habitat also benefits numerous other faunal species (e.g.
shrimp, crabs, and finfish) and their habitats. Thus, protection of manatee habitat
concurrently provides many long-term economic and recreational benefits to man,
as well.

Wood Storks: Wood storks have been documented feeding in Smith Creek, the
Tomoka Basin, the Tomoka River, in its tributaries, and in nearby drainage ditches.
Wood storks have a specialized feeding technique called tactolocation or grope-
feeding. They typically wade through six to twenty inch deep water with their beak
immersed an partially, open. The mandibles snap shut when prey, usually a small
fish, is encountered. Successful feeding is dependant upon heavy concentrations
of small fish, which are typical of an isolated wetland with an intermittent
hydrological connection. Wood stork nesting is believed to be triggered by
increased concentrations of small fish.

Protection of the food base, primarily small fish, appears to be an essential element
to ensuring the future of the,wood stork. Pesticides, such as DDT were linked to
the decimation of many bird species, including the wood stork, during the post-war
years. Contemporary pesticide use is not believed to be a major threat to wood
storks, although mosquito spraying can reduce the number of small fish which are
available for prey (Ormond Beach, Fish & Wildlife, 1988, pp. 127-130).

4. ERADICATION OF INVASIVE EXOTIC VEGETATION

Within the preserve, the encroachment of exotic vegetation is most obvious
wherever dredged spoil material has been deposited. Australian pine invaded
upland areas on several spoil islands located along the western bank of the
intercoastal waterway (ICW). Although severe freezes killed most of the trees, it did
not extirpate the species.

Exotic species compete with native species which typically have a higher wildlife
utilization value. Spoil islands should be surveyed to determine species and
abundance of exotic plants present in the preserve. Consideration should be given
to planting native species on these spoil areas .

5. RESTORATION OF THE MOSQUITO IMPOUNDMENT

Active management of the 1,100 acre Tomoka Marsh Mosquito Impoundment
ceased in the early 1980's, when-the pumping station was closed and the five tidal
gates were removed. Since that time, all flushing has been either from stormwater
runoff or from natural tidal movement through the gateways and through breeches
in the dikes.

The negative effects of allowing this large marsh to remain a nearly isolated wetland
include depriving the estuary of natural detrital matter and salt marsh habitat, and
significantly altering the hydrology of the area. The mosquito impoundment should
be restored to a functioning salt marsh.

6. PRESERVATION OF SALT MARSH COMMUNITIES

The salt marsh area extending along the southeast side of the Tomoka River
between Tomoka State Park and U.S. 1 has been altered by mosquito ditching, but
otherwise remains intact and is a vital part of a functioning wildlife corridor. The
corridor extends between the Goldy-Bellemeade tract (which includes John's Island)
to the south and the extensive public lands to the north. The 187 acre Bellemeade
tract is proposed for purchase through the state's Conservation and Recreational
Lands (CARL) program. The Bellemeade tract is the only major portion of this
extensive wildlife corridor which is not in public ownership. Any disruption of this
estuarine tidal marsh is inappropriate from ecological and aesthetic perspectives.

........ ..
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FIGURE 6. Tomoka River Manatee
Sanctuary

Preserve Boundary

Manatee @anctuarY
Boundary

53 SCALE 1:24 000
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71
G) MAP I

m
MANATEE PROTECTION ZONES
IIAUFAX AND INDIAN RIVER AREAS
23
Volusia, Flagler, and Brevard
Counhes
(D June 1991
(D

MILES SLOW SPEED. CHANNEL INCLUDED
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a 0
0
IDLE SPEED
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MANATEE PROTECTION ZONES
(D us I HAUFAX AND INDIAN RIVER AREAS
(D
Volusia, Flagler, ana Brevard
0 Counties

June 1991
0

SLOW SPEED. CHAKNEL INCLUDED
m

IDLE SPEED

------ 300 FOOT SLOW SPEED BUFT P,
30 MPH OUTSIDE BUFFER

30 MPH IN CHANNEL,
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CONDITIONAL 25 Upli/SLOW
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Ad,

7. PRESERVATION AND RESTORATION OF LITTORAL VEGETATION
ALONG THE HALIFAX RIVER

Littoral vegetation provides a number of valuable ecological functions which include
protecting the shoreline from erosion, providing habitat for wildlife, and filtering
sediments from the water column. Past disturbances, including the construction of
the ICW and h6using development, have resulted in the loss of significant littoral
vegetation within the preserve, along the east bank and west banks of the Halifax
River.

A number of very narrow, vegetated, and undeveloped lots exist on the barrier
island south of Bicentennial Park. Those lots between the river and John Anderson
Drive which are too narrow to build upon and which are not directly contiguous to
other buildable lots (including lots separated only by the road), should be
considered for fee simple acquisition. Where this is not feasible, conservation
easements should be obtained to preserve as much vegetated shoreline as
possible (Ormond Beach, Coastal Management Element, 1990, pp. 48, 268 ). The
city of Ormond Beach municipal boundary extends along the mean high water line
adjacent to the barrier island from the Granada bridge north for approximately
three miles. The city prohibits any deposition of fill below 2 foot mean sea level and
also prohibits the disturbance of salt marshes (Ormond Beach, Conservation
Element, 1990, pp. 24, 25).

Areas of littoral vegetation on the west bank of the Halifax should also be protected.
These areas are regulated under the city of Ormond Beach's Wetland's Protection
Ordinance.

8. PUMP-OUT AND TREATMENT FACILITIES AT EXISTING FACILITIES

Two marinas presently operate within the preserve. Neither marina has either
pump-out or septage treatment facilities. Both the Ormond Beach and the Volusia
County comprehensive plans contain policies requiring existing marinas to provide
facilities for any additional boat slips. The Ormond Beach plan also states that by
1995, all existing boat slips at marinas will be required to provide septage pump-out
and treatment facilities.

9. FISH STOCKING PROGRAMS

For more than two years, the DNR has been trying to breed the more than 30
snook captured from the Tomoka system. Although the snook will spawn in
captivity, this project has not yet achieved success in keeping the fry alive.

The Volusia County Council, acting as the Ponce DeLeon Inlet and Port Authority,
has funded a three year study on redfish restocking in the nearby Halifax River
system. More than 200,000 redfish fry have been released in Volusia County.

The restocking program has provided much information about the migratory
characteristics of the local redfish population. For example some of the tagged
redfish have been caught as far as 18 miles away from where they were released.
Surveys assessing the feasibility of stocking redfish in the Tomoka system are
currently being conducted by the Division of Marine Research. Releases into the
Tomoka River system may be anticipated for the near future (Ken Neis, per.
comm.).

B. MANAGEMENT INITIATIVES

This section of the plan contains a number of management initiatives that address
the issues identified in the first half of this chapter. Adoption of these initiatives will
provide specific direction for managing those issues not addressed directly by
either statute or administrative rule. The major management initiatives for these
issues include the following:

1. Protect manatees, boaters, marine life and riparian wildlife from the negative
impacts of increased boat traffic within the preserve, particularly within the Tomoka
River Manatee Sanctuary, by enforcing adherence to established speed zones.

2. Cooperate with the city of Ormond Beach to promote and encourage low-impact
recreational use of the Tomoka River system.

3. Cooperate with the city of Ormond Beach to publicize and enforce the city's
Ordinance No. 89-63 which prohibits the use of personal watercraft in the tributaries
of the Tomoka River.

4. Cooperate with Volusia County and the city of Ormond Beach to monitor the use
of boats and personal watercraft in the Tomoka River portion of the preserve and
consider the prohibition of personal watercraft and airboats from the Tomoka River
and other areas within the preserve where they are inappropriate due to ecological
or safety factors.

5. Cooperate with Volusia County and Flagler County to consider prohibiting
personal watercraft and airboats from the Tomoka Basin, from Bulow Creek, and
from the portions of Smith Creek that are not a part of the Intracoastal Waterway.

6. Protect all biological resources and water quality by prohibiting the construction
of any new marinas within the preserve, especially within the Tomoka River system.

7. Cooperate with Volusia County, Florida Inland Navigation District (FIND), and the
Halifax River Task Force to eradicate the invasive exotic plants from the spoil
islands.

S. Cooperate with Volusia County, the East Volusia Mosquito Control District, the
Halifax'River Task Force, HRS, and private landowners to developing plans for
restoration and enhancement of natural marsh functions in the 1, 100 acre mosquito
impoundment and other areas disturbed by ditching.

9. Protect all biological resources and water quality by preserving the. remaining
littoral vegetation along the east bank of the Halifax River. Promote acquisition of
the remaining lots which are too narrow for housing development.

10. Protect all biological resources and water quality by requiring new boat slips
at existing marinas to provide septage pump-out and treatment facilities. Cooperate
with Volusia County and Ormond Beach in implementing their policy of requiring all
existing boat slips to provide pump-out and treatment services by 1995.

11. Encourage fisheries restocking programs in the preserve when supporting
baseline information warrants such programs.

12. Promote the revegetation of unvegetated shorelines within the preserve.

13. Encourage the restoration of disturbed or lost submerged habitat within the
preserve.

14. Promote the acquisition of significant habitat adjacent to the preserve through
cooperation with local governments, the Conservation and Recreational Lands
program and other land acquisition programs.

IZFI

CHAPTER V11

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Tomoka Marsh Aquatic Preserve into separate
management areas and delineates'the general rule criteria that apply for allowable
uses (e.g., activities and structures) associated with each area. Each management
area is classified by the value of natural and cultural resources (e.g., types,
occurrence) on submerged lands adjacent to the differing types of upland use (e.g.,
residential, commercial).

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

Prior to providing the criteria for specific resource management areas, it is
important that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve
Program be reiterated. Section 258.36, F.S., states that "It is the intent of the
Legislature that the state-owned submerged lands in areas which have exceptional
biological, aesthetic, and scientific value ... be set aside forever as aquatic preserves
or sanctuaries for the benefit of future generations." The program has jurisdiction
over the use of state-owned submerged lands within the boundaries of a given
preserve. Activities which occur outside the boundaries of an aquatic preserve or
which do not directly affect state-owned submerged lands are not within the
jurisdiction of the Aquatic Preserve Program (e.g., adjacent upland uses, regulation
of commercial fishing).

There are a number of differences between the rules governing uses of state-
owned submerged lands within an aquatic preserve relative to those not within an
aquatic preserve. The principal difference is that uses of submerged lands within
an aquatic preserve must be shown to be "in the public interest" before the y can
be authorized as opposed to being "not contrary to the public interest" for non-
aquatic preserve areas.

B. MANAGEMENT AREA CLASSIFICATIONS

A key component of the management program for any aquatic preserve is the
division of the preserve into management areas. The classification of management
areas in an aquatic preserve is based upon the resource value of submerged lands
within the preserve associated with existing and future land uses on the adjacent
uplands as designated in the local government comprehensive plan(s). As in the
delineation of upland uses through zoning, the delineation of a preserve into
management areas is tWo-fold: (1) to identify areas of public and private uses, and
(2) to provide standards with which proposed uses and activities must comply. The
intent of these management area classifications is to make potential development
activities compatible with resource protection goals.

Designated or existing land uses are incorporated into the classification of
management areas because use of the adjacent uplands has a direct bearing on
the intensity of demand for uses of state-owned submerged lands. As mentioned
earlier, the Aquatic Preserve Program has no jurisdiction over the designated use
of the adjacent uplands. The incorporation of a designafed 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 submerged lands
management areas include:

Agriculture (6G
1: 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 (MF): 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-Industrial Q): 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
also intended to incorporate uses associated with structures that charge fees
or generate revenue. Examples of commercial uses include: marinas,
restaurants, fish houses, and yacht clubs that charge membership fees.

Public Recreation (Pffi: This category represents state-owned submerged
lands adjacent to land designated on a future land use map for a. county
and/or municipality as public recreation/preservation and is utilized for the
purposes of public recreation. It is intended to include (1) areas where
structures are used by the general public at no charge and (2) federal, state,
and municipal parks that charge a nominal fee. Military property, while not
always open to the public, is included in this category since the buildings
and grounds are often designated as public facilities.

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

Each of the land use classifications listed above is assigned an appropriate number
to identify the resource value of the adjacent submerged lands. The methodology
used to determine this resource value shall be consistent with the latest
methodology approved bythe Bureau of Submerged Lands and Preserves.

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

Submerged areas that are characterized by the absence of the above resource
attributes will be identified as a Secondary Resource Protection Area (SRPA)
and assigned a resource value of "2". A SRPA is a Resource Protection Area 3 as
defined by Section 18-20.003(33), F.A.C.

As stated previously, resource values are to be incorporated into the classification
of management areas. For instance, if a submerged area within the preserve is
determined to have a resource value of 1 and the adjacent uplands is zoned as
single-family residential (SF), then this management area would be classified as
SF/1.

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

C. MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C., provides the minimum standards with regard to the utilization
of state-owned submerged lands within an aquatic preserve as authorized by the
Board of Trustees and DNR. It should also 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 o f significant biological, scientific, historic, and/or aesthetic value
require special management considerations. Modifications to docks in these
areas may be more restrictive and shall be determined on a case-by-case
basis;

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

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

Additional policies include all docking structures to access a depth of -4 feet at
mean low water (MLW) and a reduction in the width of a terminal platform to 4 feet
wide, if the platform is over seagrasses. This reduction will not affect the overall
area of the terminal platform.

Private Residential Single Docks: Section 18-20.004(5)(b)., F.A.C., states that
private residential single docks, as defined by Section 18-20.003(23), F.A.C., shall
conform to the following specific design standards and criteria:

1 . any main access pier shall be limited to a maximum width of four feet;

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

3. can extend from the shoreline to a maximum depth of -4 feet at (MLW);

4. when the water depth is -4 feet MLW at'an existing bulkhead, the maximum
dock length from the bulkhead shall be 25 feet, subject to modifications
accommodating shoreline vegetation overhang;

5. wave break devices shall be designed to allow for maximum water circulation
and built in such a manner as to be part of the dock structure;

6. the maximum size of the terminal platform shall be 160 square feet;

7. dredging to obtain navigable water depths is strongly discouraged.

In the interests of clarification, the term "private residential single docks" refers to
those docks associated with single-family residences that are used for private
recreational purposes.

Private Residential Multi-Slip Docks: Section 18-20.004(5)(c), F.A.C., states that
private residential multi-slip docks, as defined by Section 18-20.003(24), F.A.C.,
shall conform to the following design standards and criteria:

1 . the area of sovereignty submerged land preempted by the docking facility
shall not exceed the square footage amounting to ten times the riparian
waterfront footage of the affected waterbody of the applicant, or the square
footage attendant to providing a single dock in accordance with the criteria
for private residential single docks, whichever is greater. A conservation
easement or other such restriction acceptable to the Board must be placed
on the riparian shoreline, used for the calculation of the 10:1 threshold, to
conserve and protect. shoreline resources and subordinate/waive any further
riparian rights of ingress and egress for additional docking facilities;

2. docking facilities and access channels shall be prohibited in Resource
Protection Areas 1 and 2 (= PRPA), except as allowed pursuant to Section
258.42(3)(e)l, F.S., while dredging in Resource Protection Area 3 (= SRPA)
shall be strongly discouraged;

3. water depths adjacent to and within the proposed mooring area shall have
a minimum clearance of one foot between the deepest draft vessel and the
submerged bottom at MLW;

4. main access piers and connecting walks shall not exceed six feet in width;

5. terminal platforms shall not exceed eight feet in width;

6. finger piers shall not exceed three feet in width and 25 feet in length;

7. pilings may be utilized as required to provide adequate mooring capabilities;

8. specific provisions of Section 18-20.004(5)(d), F.A.C., for commercial,
industrial, and other revenue generating/income related docking facilities
shall also apply to private residential multi-slip docks.

Commercial-industrial Docking Facilities and Marinas: Section 18-20.004(5) (d),
F.A.C., states that commercial, industrial, and other revenue generating/income
related docking facilities, as defined by Section 18-20.003(10), F.A.C., shall conform
to the following specific design criteria and standards:

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

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

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

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

5. the location of new facilities and expansion of existing facilities shall consider
the use of upland dry storage as an alternative to multiple wet slip docking;

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

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

8. in any areas with known manatee concentrations, manatee warning/notice
and/or speed limit signs shall be erected at the marina and/or ingress and
egress channels, according to Florida Marine Patrol specifications.

Exceptions to the standards and criteria for any docking facility may be considered,
but only upon demonstration that such exceptions are necessary to, ensure
reasonable riparian ingress and egress.

Lease or Transfer of Lands: Section 18-20.004 (1)(b), F.A.C., states that there
shall be no further lease or transfer of sovereignty lands within an aquatic preserve
unless such transaction is in 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 quantity of the preserve and which are consistent with the
Florida Aquatic Preserves Act (Sections 258.35 - 258.46, F.S.). Section 18-
20.004(1)(f), F.A.C., states that structures to be built in, on, or over sovereignty
lands are limited to those necessary to conduct water-dependent activities.

Utility Easements: Section 18-20.004(3)(c), F.A.C., states that utility cables, pipes,
and other such structures shall be constructed and located in a manner that will
cause minimal disturbance to submerged resources (e.g., seagrass beds, oyster
bars) and do not interfere with traditional uses. It will be the policy to place
additional utilities into designated corridors or existing easements within the Tomoka
Marsh Aquatic Preserve if no other reasonable alternative exists.

Spoil Disposal: Section 18-20.004(3)(d), F.A.C., states that spoil disposal within
an aquatic preserve shall be strongly discouraged and may be approved only
where the applicant has demonstrated that there is no other reasonable alternative
and that the spoiling activity may be beneficial to, or at a minimum, not harmful to
the quality or utility of the preserve.

Piers: Piers shall be constructed in accordance with the minimum criteria provided
by Section 18-20.004(5)(b), F.A.C. In addition, the following conditions apply to all
piers: (1) the entire structure will be elevated to a minimum of 5 feet above the
MHWL, (2) hand rails will be installed around the perimeter of the structure, (3) at
least one "Docking Prohibited" sign will be posted and maintained on each side of
the pier, (4) no temporary or permanent mooring of vessels will be permitted, and
(5) dredging is prohibited when associated with pier construction.and maintenance.

Ramps: Boat ramps w ill be reviewed on a case-by-case basis. Determining
factors to be reviewed include: (1) the elimination or alteration of natural resources
or habitat (e.g., seagrasses,. shoreline vegetation, nesting areas), (2) the amount
of dredging and/or filling of submerged lands, and (3) accessibility to the ramp
from water and land routes.

Additional criteria for the repair, replacement, and expansion of existing structures
are provided for in Chapter 18-21, F.A.C. Replacement and expansion of structures
must comply with the minimum criteria provided for in Chapter 18-20, F.A.C.

Q. MANAGEMENT AREAS

In this section, each management area is delineated with boundaries, descriptions,
and allowable uses. Specific criteria and supporting rationale for each special
management area are also provided. Due to changes that may occur from the
rezoning of adjacent uplands and altering biological conditions on submerged
lands, the finaldecision on approving, modifying or denying uses of the submerged
lands within the preserve will be made based on field surveys and assessments of
project sites. Figure 9 is a map of all management areas within this segment of the
preserve. The purpose of providing this map is to give some general guidance and
an understanding of where the management areas lie within the preserve.

For the purposes of this plan, the following conditions will apply: (1) the Atlantic
Intracoastal Waterway (AIW) is exempt from aquatic preserve rules and regulations,
pursuant to Section 258.42, F.S., and functions only as a boundary between
management areas; and (2) certain activities are generally permissible in all
management areas. These activities include shoreline stabilization, maintenance
dredging, and maintenance of channel markers.

Some management areas may have a specific activity occurring within that is not
reflective of the overall upland use. As an exampie, an upland parcel consists of
a marina surrounded by single-family homes adjacent to extensive seagrasses. The
marina may. have preceded 'residential development and the aquatic preserve
designation; therefore, it would be unreasonable to remove the facility. Marina
expansion and new commercial-type activities, however, will not be allowed in this
management area because of the presence of seagrasses and/or the upland
zoning restrictions. In such cases, the specific activity will be recognized as a "non-
conforming use". This term simply recognizes the specific activity as such and is
not to be interpreted as a termination of vested rights should a change in
ownership occur nor does it imply that future non-conforming uses will be allowed.

MANAGEMENT AREA aFL1

(Sing le- Family/ Primary Resource Protection Area)

All SF/1 manage ment areas are assigned because of the presence and utilization
of the areas by designated species. All SF/1 areas listed below are located within
either a state-designated manatee sanctuary or else in a documented manatee
travel corridor. All un-armored shoreline areas are habitat for designated wading
birds, such as the tri-colored heron, little blue heron, and snowy egret. Several site-
specific areas may be used by wood storks, brown pelicans, least terns, the Atlantic
salt marsh shake, and other listed species. The rare swallow-tailed kite is also
known to inhabit these areas. There are five designated areas in this category.

1. Tomoka River, west bank

Boundga: The Tomoka Estates subdivision, in unincorporated Volusia County, from
the northeastern boundary of the existing commercial property, continue
northeasterly along the MHWL on the northwestern bank of the Tomoka River to
the southeastern most boundary of the Volt Tract.

Descrigtion: This area generally comprises residential lots along the Tomoka River
most of which are within the Tomoka Estates subdivision. A portion of this
subdivision was exten*sively dredged to provide canal-front lots with navigable
access to the Tomoka River. This area is within the designated Tomoka River
Manatee Sanctuary. Boats are limited to "idle" speed in this area. Manatees are
known to frequent this reach of the Tomoka River and adjoining canals as they
travel upstream to feed, rest, mate, and obtain freshwater to drink. Manatees have
been reported to drink freshwater from garden hoses provided by residents in this
area. The northernmost portion of this subdivision borders expansive tidal marsh
areas which are a part of an extensive network of conservation, recreation, and
preservation lands.

2. Tomoka River, east bank

BoundM: Approximately 100 feet of the Bellemeade tract, located within the city
of Ormond Beach, that portion of the property which extends along the southeast
bank of the Tomoka River, as depicted on the Ormond Beach Future Land Use
Map (June 1990).

Description: On the eastern bank of the Tomoka River, this area is also within the
Tomoka River Manatee Sanctuary. The uplands associated with this area are
proposed for development, but to date, are not developed. Other portions of the
property border Tomoka State Park, and John's Island conservation areas. The
development site is also proposed for purchase through the state's Conservation
and Recreational Lands (CARL) program. The site is considered an important link
in the regional network of conservation, recreation and preservation lands.

-Ok 3. Halifax River, Ormond Beach (mainland)

Boundn: Begin at the southern boundary of the preserve, at the western MHWL
of the Halifax River (generally, just east of Oak Forest Drive) within themainland
portion of the city of Ormond Beach, and proceed generally north by northwest
along the MHWL to the southern boundary of Tomoka State Park.

Descrip@on: The majority of the lots located in this section are developed and the
area is not expected to undergo any major changes in the near future. The

shoreline has been altered in some areas and replaced with vertical bulkheads,
while other areas of shoreline are vegetated with marsh grasses. This area of the
Halifax River represents a manatee travel corridor.

4. Halifax River, Smith Creek (barrier island)

Bounda[y: On the barrier island, waterward of the MHWL along the east bank of
the Halifax River and Smith Creek, beginning at the southernmost boundary of the
preserve and proceeding generally north by northwest to the northernmost
boundary of the preserve, excluding the areas of SOL adjacent to North Peninsula
State Recreation Area, Flagler Beach State Recreation Area, multi-family units, and
local parks.

Descrig:@on: Residential lots bordering the southern half of this area are almost
completed developed. There are numerous docks and boat houses which exceed
the size limits for structures within aquatic preserves. The northern section is
changing rapidly with development pressure for single family residences, vertical
bulkheads and/or riprap, boat docks, and boat houses. Many of the lots in this
area are very narrow -often too narrow to be considered a buildable lot. There is
a considerable economic incentive for individual property owners to construct a
vertical bulkhead waterward of the MHWL and backfill waters of the state to obtain
a buildable lot. Much of the undeveloped shoreline along the eastern MHWL of the
Halifax River and Smith Creek is well vegetated with marsh grasses and, in a few
areas, black mangroves. Drainage into the estuary from stormwater runoff, golf
courses, septic leachate, and effluent from package waste water treatment plants
has long been considered as a potential surface wat er quality problem.

A small non-conforming (commercial)- marina is located in the southern section of
this boundary area. The uplands associated with this marina are located in
unincorporated Volusia County while the docking structures are located within the
city.of Ormond Beach.

There are several small parks within this segment of the preserve which utilize city
ROW's at the end of a street. One larger park, Sunset Park, provides residents a
scenic view of the preserve via a boardwalk which parallels the shoreline. A covered
deck with bench seats is also provided for passive recreation.

This area of the preserve is a documented manatee travel corridor. Other listed
species such as the wood stork, bald eagle, brown pelican, little blue heron, and
snowy egret are known to utilize this area.

5. Smith Creek, Volusia County

BoundM: Along the west bank at the MHWL of Smith Creek from the Volusia
Flagler county line, proceed south approximately one half mile in Volusia County.

DescripLon: This area is relatively undeveloped and consists of salt marsh, spoil
areas, and several islands. Numerous listed wading birds and bald eagles utilize
this area and it is within the manatee travel corridor.

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

MANAGEMENT AREA MFJ1

(M ulti- Family/ Primary Resource Protection Area)

Bounda[y: On the barrier island, from the eastern MHWL of the Halifax River at the
Volusia/Flagler County line, proceed generally north by northeast waterward along
the MHWL in -Flagler County within the city of Flagler Beach for approximately one
quarter mile.

Descri2lLon: This area includes one group of condominium units with a golf course.
A portion of the shoreline adjacent to the multi-family structures has been armored
while other areas of shoreline. are vegetated to some extent with marsh grasses.
Wading birds feed in this area, particularly the designated tri-colored and little blue
herons. This area is also included in the manatee travel corridor.

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

MANAGEMENT AREA_gLl

(Commercial/ Primary Resource Protection Area)

There are two commercial areas in this category.

1. Tomoka River, west bank

Bounda[y: From the MHWL at the northeastern corner of the US 1 bridge over the
Tomoka River, in unincorporated Volusia County, proceed generally east and
northeast, along the MHWL of the western bank of the Tomoka River, to the
southernmost boundary of Tomoka Estates Subdivision.

Description: This area fronts on US Highway 1, north of the Tomoka River, along
a commercial corridor. Existing commercial activities at the site include boat
launching, rentals, storage, sales and bait shop. There are several finger piers and
most of the shoreline has been altered with a vertical bulkhead. US 1 represents
the southernmost boundary of the aquatic preserve along the Tornoka River,
although the river extends for many miles upstream. This area of the Tomoka is a
designated manatee sanctuary. It is an important manatee travel corridor, as well
as habitat for feeding, resting, and mating. The marina was constructed prior to the
Tomoka's designation as a manatee sanctuary. Boats are limited to "idle" speeds
in this area.

2. Tomoka River, east bank

Bounda[y: From the MHWL at the southeastern corner of the US 1 bridge over the
Tomoka River, within the municipal boundaries of the city of Ormond Beach,
proceed approximately 100 feet northeast along the MHWL of the Tomoka River.

Descrigtion: This area fronts the US 1 commercial corridor, south of the Tomoka
River. It is presently undeveloped. The city of Ormond Beach comprehensive plan
recommends professional office uses for this area, which are low impact
commercial. A portion of the shoreline was disturbed during construction of the
bridge, but otherwise remains undisturbed. The area is within a manatee
sanctuary. Boats are limited to "idle" speed in this area. The rare swallow-tailed kite
has also been observed in this area.

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

MANAGEMENT AREA PRL1

(public recreation/ p ri mary resource protection area)

There are six designated areas within this category, each is described below.

1. Tomoka State Park

BoundM: This area includes lands waterward of the MHWL bordering Tomoka
State Park along the eastern bank of the Tomoka River, the southern section of the
Tomoka Basin, and the western bank of the Halifax River.

DescriQ!Lon: The eastern bank of the Tomoka River bordering Tomoka State Park
is characterized by extensive estuarine tidal marsh interspersed with mosquito
control ditches. The shoreline in this area is typically smooth cordgrass, black
needle rush, or sea-oxeye daisy mixed with glassworts and saltwort. A rim of sea-
oxeye is typical in areas where a thin layer of spoil has been deposited. The marsh
supports an abundance of wildlife including a number of designated species,
including the endangered wood stork and manatee. Manatee have been observed
feeding on smooth cord grass, by pushing or pulling a portion of their upper body
out of the water. This section of the Tomoka River, along with its tributaries
Strickland and Thompson Creeks, are a designated manatee sanctuary. Boats are
limited to "slow" speed along this reach.

The reach of Halifax River which borders the park is predominantly comprised of
spoil areas, although an area near the southern boundary is relatively undisturbed.
Osprey nests have been documented in the tall trees along this shoreline. The
Halifax River is a documented manatee travel corridor.

2. The VOLT tract

Bounda[y: Along the western boundary of the Tomoka basin, only those lands
waterward of *the MHWL which border the VOLT tract.

Descrigtion: This area comprises some bottomland hardwood hammocks and a
vast expanse of estuarine tidal marsh which has been altered by mosquito control
ditches. Old Dixie Highway and its associated causeway and drainage facilities are
the only other major disruptive features in the marsh. The Volt property is an
integral part of a wildlife corridor that extends from the Goldy-Bellemeade tract,
north to Flagler Beach State Recreation Area to the north. The corridor includes
Tomoka State Park and a vast expanse of conservation and preservation lands,
generally along the Tomoka River and its tributaries and wetlands. Wildlife using
these corridors include, but are not limited to, black bear, whitetail deer, turkey, and
bobcats. Listed species include bald eagle, woodstork, and little blue heron.

3. North Peninsula State Recreation Area

BoundM: This area includes the submerged lands waterward the MHWL, west to
the ICW, bordering the North Peninsula State Recreation Area.

Descril2tion: The North Peninsula State Recreation Area, comprises 442 acres
located in unincorporated Volusia County. The park extends from the MHWL of the
ICW to the Atlantic coastal beach. The eastern portion of the property, along the
Atlantic Ocean, provides beach access and recreational opportunities while the
western side, which includes approximately three miles of shoreline along the
Halifax River, is designated for preservation and conservation. Shoreline
characteristics along this segment include dense stands of marsh vegetation, some
mosquito control ditches, and spoil sites created during construction and
maintenance of the ICW. The area is a documented manatee travel corridor and is
utilized by a number of listed species including scrub jays.

A county maintained public boat launch is located at Highbridge Park within this
segment where Highbridge Road crosses the Halifax River.

4. Flagler Beach State Recreation Area

BoundM: This section includes those submerged lands waterward of the MHWL,
east and west of the ICW along Smith Creek, which border Flagler -Beach State
Recreation Area (FBSRA).

Description: A boat basin bisects FBSRA shoreline along the eastern bank of Smith
Creek into northern and southern sections. The northern section is vegetated with
marsh grasses but also has a few small areas of sand beach. The shoreline along
the southern section has been disturbed by spoil deposition. It is relatively
unvegetated and has considerable erosion. A bulkhead forms the northern
boundary of the boat basin, while the southern boundary consists of marsh
grasses, ditches, and spoil sites. A -portion of the park's boundary extends across
the ICW and encompasses approximately 50 acres of marsh which has been
disturbed by mosquito ditching. This reach of Smith Creek is included in the
manatee travel corridor and park staff have reported numerous manatee sightings
as well as utilization of the area by other listed species.

5. Bulow Creek State Park, Bulow Plantation Ruins State Historic Site

BoundaU: This section includes Bulow Creek and areas along the west bank of the
Halifax River which border Bulow Creek State Park and Bulow Plantation Ruins
State Historic Site. Bulow Creek meanders from its confluence with the Halifax
approximately 5 miles to the preserves northernmost boundary.

Descriotion: The Halifax River segment encompasses approximately 2 miles and is
predominantly estuarine tidal marsh interspersed with mosquito control ditches. This
segment, along the Halifax River, borders the Mound Grove addition to Bulow
Creek State Park. The area is included within the manatee travel corridor and is

also habitat for numerous designated species including the bald eagle, wood stork,
roseate spoonbill, snowy egret and little blue heron. The southernmost reach of
Bulow Creek, which runs generally south of Walter Boardman Bridge and east to
the confluence with the Halifax, includes the natural stream channel, tidal flats, tidal
marsh and mosquito control ditches. The area is habitat for numerous listed wading
birds as mentioned above. The shoreline along Bulow Creek, north of the Walter
Boardman Bridge, is dominated by cabbage palm and meanders through extensive
estuarine tidal marsh. Several seepage streams drain into the creek from the
northern section of the park.

Several residential out-parcels represent non-conforming uses in the area of the
Mound Grove addition. One area consists of two homes located along Highbridge
Road at Mound Grove and Cobb's Corner, and another is located at on the south
side of the Highbridge -crossing at the Halifax River. The section of Highbridge
Road bordering Mound Grove is a county-designated scenic roadway.

6. Bicentennial (Buttenheim) Park.

Boundga: On the barrier island, in Ormond by the Sea in unincorporated Volusia
County, along the MHWL, west to the ICW, from the eastern shore of the Halifax
River. Generally along that reach of John Anderson Drive that is north of Rivocean
Drive and south of Sandra Drive.

DescrigLon: This shoreline is part of a tract of land which extends from the MHWL
of the eastern shore of the Halifax River, east across the barrier island to the
Atlantic coastal beach, interrupted by John Anderson Drive and Al A. - The park
contains both active and passive recreation and is habitat for scrub jays.

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

MANAGEMENT AREA FJ1

(Preservation/ Primary Resource Protection Area)

There are five designated areas in this category.

1. Tomoka River, east bank

BoundaN: Waterward of the MHWL along the east bank of the southern reach of
the Tomoka River, south of Tomoka State Park and north of U.S. 1, excluding areas
designated as commercial or residential.

Descrigtion: The shoreline if this area is predominantly estuarine tidal marsh
interspersed with mosquito control ditches. This reach of the Tomoka River is a
designated manatee sanctuary. Boat speeds are limited to "slow" speed. The area
provides feeding habitat for the endangered wood stork, and other listed species
such as the little blue heron and snowy egret.

The uplands associated with this area are proposed for residential housing, but to
date, are not developed. A portion of the shoreline contiguous to the southern
reach of this segment is designated for single family residential development.

2. Tomoka Basin, southwest section

Boundn: Waterward of the MHWL along the south west shoreline of the Tomoka
Basin generally along the east side of Old Dixie Highway, east of addison Drive and
south to just west of the Tomoka River.

Description: This area consists of relatively narrow single family residential lots
situated between estuarine tidal marsh and Old Dixie Highway. Tidal marsh exists
to the west of the highway as well. Most of this area is adjacent to public-owned
VOLT conservation area. This section of the highway is a county-designated scenic
roadway. Marsh habitat is utilized by listed species and manatee utilize deeper
areas of the Tomoka Basin.

3. Mosquito Impoundment

Boundga: Those submerged lands waterward of the MHWL located generally north
of the Tomoka Basin, east of the eastern boundary of Bulow Creek State Park,
south of Bulow Creek, and west of Halifax Creek.

Descrigtion: This area includes an approximate 1100 acre mosquito impoundment.
Several upland spoil areas are located within the mosquito impoundment, such as
Bryan Island and Tiger Hammock. Spoil areas are also located adjacent the west
side of the AIW. Much of the area has been disturbed by both the construction of
mosquito control dikes and ditches as well as by the deposition of spoil material
from the AIW. A unimproved roadway extends east and west across the mosquito
impoundment, generally north of'Bryan Island and south of Tiger Hammock. Some
of the, spoil areas adjacent to the AN are relatively high - one mound is
approximately 17 feet high MSL.

Several upland parcels within the mosquito impoundment are privately owned. One
non-conforming structure is located in the southern section on the Tomoka Basin,
generally east of Bryan Island. One residential structure, known locally as "the
Jones house," is not served by power, water, or by other utilities.

The mosquito impoundment is used extensively by waterfowl. The mosquito control
dikes and ditches have severely modified the marsh area, creating a more isolated
wetlands than existed under natural conditions. This alteration has, in effect,
removed much of the impoundment from natural interaction with the rest of the
estuary.

Roads along the impoundment are used by the public to access crabbing,
shrimping, and fishing areas. within the impoundment and along the Halifax River
and Tomoka Basin.

4. Flagler Beach, barrier island

BoundM: Waterward of the MHWL from the northernmost boundary of the
preserve south to the northernmost boundary of Flagler Beach State Recreation
Area.

Descrigtion: The shoreline of this area is characterized by estuarine tidal marsh.
Single family residential units are situated along a man-made basin and canal which
is located behind the marsh area. This reach of the preserve is within a manatee
travel corridor. Marsh habitats are utilized by wood storks and numerous other
wading birds.

5. Bulow Creek, northern section

BoundgU: Waterward of the MHWL along Bulow Creek, north of the northern
boundary of Bulow Plantation Ruins State Historic Site along Bulow Creek, to the
northern boundary of the preserve.

DescripLon: This section of the preserve includes the northern reach of Bulow
Creek. It is located in a relatively undeveloped area of Flagler County. Several
canals, just north of Bulow Ruins, drain extensive marsh lands into the creek. The
shoreline is similar to Bulow Creek as described in the public lands section.

Allowable Uses: A single two-slip dock built in accordance with standards and
criteria for private residential single docks.

MANAGEMENT AREA QW11

(Open Water/Primary Resource Protection Area)

There are two designated categories in this area.

1. Tomoka Basin

Bounda!y: The Tomoka Basin is located east of the Halifax River and Tomoka
State Park, north and northeast of Old Dixie Highway., and south of Bryan Island
and the mosquito impoundment.

Description: The Tomoka Basin, is a large shallow bay containing large expanses
of shallow tidal flats and oyster bars. Some deep water habitat is located within the
a
basin, one area is located adjacent to the northern section of Tomoka -State Park.

2. Halifax River

Bounda[y: The Halifax River extends generally north and south in coastal Volusia
County between Smith Creek, at the Flagler County line, to Ponce deLeon Inlet, 24
miles to the south. It is located between the barrier island and mainland peninsular
Florida. The reach of the Halifax River located within the preserve begins at the
Flagler County boundary and extends southeasterly for approximately 8 miles to the
southern boundary of the preserve. The southern boundary of the preserve begins
generally at the MHWL east of the southernmost point of Oak Forest Drive on the
barrier island, runs east across the AN to a point waterward of the MHWL on the
barrier island, near where Sand Castle Drive intersects John Anderson Drive.

A series of spoil islands are located in a generally north-south direction along the
west side of the AN in the Halifax River, extending from the mosquito
impoundment area about 2/3 of the distance south to the southern boundary of the
preserve. The spoil,islands, located within the municipal boundaries of the city of
Ormond Beach, are comprised of both salt marshes and high excessively drained
spoil areas (some as high as 9 feet MSL). Many of the wetland areas have been
recently modified by open water marsh management techniques connecting
isolated marsh areas to open water to allow natural predators to control mosquito
propagation. Smooth cordgrass has been planted where these ditched inlets
connect to the Halifax River to control erosion. Upland native vegetation, including
saw palmetto and cabbage palms, are characteristic of the islands. Some islands
are infested exotic Australian pines.

Allowable Uses: Utility easements (in designated corridors).

X.
Tomoka
Basin

VOLT

K'.

ST TE

PARK

CL
VOLT
X,

4C
'70

FIGURE 9. Management Areas
W Conservation/Primary
Resource Protection Area
Public Lands/Primary
Resource Protection Area -@-Rivers
Multi-Family/Primory
Resource Protection Area
Sing le-Family/Primary JOHNS C
ISLAND
Resource Protection Area
Commercial/Primary
Resource Protection Area

SCALE 1:24 000
81 1 1/2 0 1 Mile

ll@

00-
Flaglor Beach
T%S %site State Recreation
joj%r-
S Area

Cleov
U%O%
State p0tv

JUSIO
\1 0

0 0
0
-0
0
TM

0
V

FIGURE 9. Management Areas
(continued) omokm.
0
Conservation/Primary
CD
Resource Protection Area
Ouctl
IF 7: Public Lands/Primary
Resource Protection Area
Multi-Family/Primary
Resource Protection Area
Sing le-Family/Primary
Resource Protection Area
Commercial/Primary
Resource Protection Area
SCALE 1:24 000
83 112 0 1 Mile

----

oli

CHAPTER Vill

MANAGEMENT ACTION PLAN

This chapter establishes the guidelines which allow for the management and
protection of the Tomoka Marsh Aquatic Preserve's natural, archaeological,
historical, and cultural resources for the benefit of future generations (Section
258.35, F.S.). The implementation of goals, objectives and tasks outlined in this
chapter will be commensurate with the funding and staffing level provided for this
aquatic preserve program.

Before an effective program can be designed to manage and protect natural
resources, the function, importance, and location of the resources must be defined.
Additional efforts will consist of identifying those activities or parameters that affect
these resources, either positively or negatively. This information will form the
foundation from which action will be initiated to manage and protect these
resources. The management strategies for an aquatic preserve program must
consist of a variety of components such as, resource identification, resource
management resource protection, research, and environmental education.

In general, the role of the management program for this preserve includes: (1)
providing information on the ecological functions and economic importance of the
natural resources within the preserve, (2) overseeing those activities that affect the
natural resources Within the preserve, (3) ensuring that accurate biological and
other pertinent information is considered in permit-related issues and planning
decisions, (4) ensuring that all statutes and rules regarding the preserve's natural
resources are followed and that the correction of violations are required and verified
by the appropriate authorities, (5) conducting site surveys for specific activities, (6)
coordinating with other resource management and enforcement agencies, (7)
educating the public on the inherent and economic values associated with natural
resources, (8) conducting or cooperating with other entities to conduct pertinent
research projects, and (9) developing a comprehensive management program that
can be- periodically updated.

For all the following goals, objectives and tasks, the Department of Natural
Resources will, when appropriate and practical, participate with other agencies and
organizations dedicated to protecting the local resources. In order to avoid
duplication of effort the Department will initiate programsonly when they do not
overlap or compete with programs operated by other governmental agencies or
non-profit corporations.

A. RESOURCE MANAGEMENT

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

GOAL A.11: MAINTAIN RESOURCE INVENTORIES

Obaective A.1.11: To maintain a resource inventory of submerged and
emergent vegetation.

Task A.11.11.11: Conduct an inventory of submerged grasses, attached
algae, marsh grasses, and other shoreline vegetation by using available
satellite imagery (e.g., LANDSAT, SPOT, etc.), aerial photography, Loran
coordinates, and groundtruthing efforts.

Task A.1.1.2: This inventory shall be conducted once every three years.

Task A.1.1.3: The database generated from this inventory will be used to
create biological resource maps.

Obiective A.1.2: To conduct an inventory of designated species and their
habitats.

lask A.1.2.11: Conduct an inventory of designated species and other
protected species and their habitats by using data from existing literature
and current research studies, if available.

Task A.1.2.2: This inventory shall be conducted once every three years.

Obiective A.11.3: To conduct an inventory of wading birds and their habitats
in the preserve.

Task A. 1.3.11: Conduct an inventory of birds that feed, roost, loaf, and nest
throughout the preserve by using existing literature, field observations and,
if any, current research studies. The inventory may. also include information
on migratory birds which utilize the preserve.

Task A.1.3.2: This inventory shall be conducted once every three years.

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

Ob*ective A.2.1: To inventory and assess the effects of human activities on
the natural resources, including the impact on endangered, and threatened
species, and species of special concern.

Task A.2.1.1: Conduct a survey of all dock/pier structures to determine if
there is a direct relationship between the presence of structures and the
absence of natural resources. This survey shall contain at a.minimum:

a) the length of the structure waterward of the MHWL;
b) the size of the terminal platform, if applicable;
c) the height (elevation) of the structure above the MHWL;
d) the water depth at the structure's terminus;
e) the number, size, and drafts of boats using the structure;
the functional condition of the structure;
g) any accessory facilities and ancillary uses associated with the
structure;
h) the structure's use category (e.g., single-family, commercial); and
i) an inventory of the biological resources within 25' of the identified
structure.

Task A.2.1.2.: Coordinate with Division of Marine Resources to determine
if boating activity is affecting manatee utilization within the Aquatic Preserve
or associated waters.

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

Task A.2.2.1: A survey of all docks/piers, dredged areas, shoreline
stabilization, and other applicable human uses will be conducted. These
surveys shall be conducted as follows:

a) the docks/piers inventory will be conducted in accordance with Task
A. 2. 1. 1.

b) a survey of all dredged areas will be made and include at a minimum:
1) the length, width, and depth of the dredged area;
2) depth profiles of the surrounding area;
3) traditional use of the area;
4) biological resources in the dredged and surrounding area; and
5) review of information on pre-existing resource conditions, if
available.

c) a survey of all shoreline stabilization projects will be conducted and
include at a minimum:
1) the total length of riparian shoreline,
2) the length of shoreline stabilization,
3) the technique and materials used in stabilizing the shoreline,
and
4) review of existing and pre-existing biological resources, if
available.

GOAL A.3: RESTORE ESTUARINE HABITAT

Objective A.3.11: To identify suitable unvegetated and disturbed shoreline
areas as restoration sites.
Task A.3.1.11: All suitable shoreline areas will be rev;getated with
appropriate native vegetation.

Objective A.3.2: To coordinate with the Department of Environmental
Regulation (DER) and the water management districts in restoring estuarine
habitat preserve.

Task A.3.2.11: Submit proposals to DER which utilize Pollution Recovery
Trust Funds to restore estuarine habitat.

Obiective A.3.3: To coordinate with the local mosquito control districts in
identifying previously disturbed saltmarsh areas as suitable habitat
resto ratio n/enhancem ent
sites.

Task A.3.3.1: Reintroduce estuarine habitat by restoring natural tidal flow
or utilizing ecologically compatible management techniques such as Open
Marsh Water Management.

GOAL A.4: IMPROVE WATER QUALITY

Objective A.4.1: To coordinate with DER, the water management districts,
and local governments toward improving water quality in the preserve.

Task A.4.11.11: Coordinate with DER and local governments in assessing
impacts from septic tank leachate and wastewater discharges.

Task A.4.1.2: Assist the St. Johns River Water Management District, local
governments, citizen groups and individuals in developing special basin

criteria for the Tomoka River and associated waterbodies to increase
stormwater pollution treatment and increase management of surface water
discharges into the aquatic preserve.

.Task A.4.1-3: Coordinate with the local mosquito control districts to review
arthropod control management plans submitted in compliance with Section
388.4111, F. S., and to assess the effect of the mosquito impoundment on
the ecology of the preserve.

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

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

Task A.5.11.11: Establish role as field representative for DNR Aquatic
Preserves with local governments.

Task A.5.11.2: Contact local planners to assist in the development of policies
and ordinances that regulate. activities affecting state-owned submerged
lands.

B. RESOURCE PROTECTION

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

GOAL B.1: - PROTECTION OF SUBMERGED AND EMERGENT VEGETATION

Objective B.1.11: To minimize potential damage to submerged and emergent
vegetation through the review of applications for use of state-owned land in
the aquatic preserve.

Task B.1.1.1: Field staff will develop a written policy describing a
scientifically'based, standardized method to inventory the submerged and
emergent biological resources at the proposed project site. At a minimum,
this policy will contain the following information:

a) The area to be surveyed:
1) will be described as a polygon, and
2) will include the proposed location of the activity/structure and
the adjacent area surrounding the project. The size of this
adjacent area shall be determined by the methods described
in the written policy.

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

i. the submerged bottom, including:
a description of all communities/habitats,
a description of the bottom type,
depth profiles,
tidal amplitude and stage (where appropriate),
and
a physical description of the surrounding
waterbody;

ii. the shoreline (where appropriate), including:
a description of the vegetation,
a description of any existing structures,
notation of any nesting birds, and
notation of any area that is considered prime
habitat for listed or protected species.

c) A definition of a Primary 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 ) submerged grasses and algae,
2) littoral zone vegetation,
3) unvegetated soft-bottom communities,
4) designated species, and
5) nesting sites for solitary or colonial birds.

Task B.1.1.2: Coordinate with the appropriate regional DNR planner in
order to process the field staff comments in a timely manner.

Task 13.1.1.1 Coordinate, when possible, with other appropriate agencies
that have regulatory authority for these projects.

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

Task B.1.2.1: Coordinate with the appropriate regional DNR planner to
receive copies of all letters of consent, easement agreements, lease
agreements, and other forms of authorizations.

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

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

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

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

Task B.1.3.2: Coordinate, when possible, with other appropriate agencies
that have regulatory authority for these projects.

Oboective B.1.4: To ensure that human use of the preserve does not create
turbidity levels that adversely affect submerged vegetation.

Task B.1.4.1: Seek to establish an ordinance to reduce the speed of boats
traveling outside the AlW.

Task B.1.4.2: Require that all dredge and fill projects use effective turbidity
control practices.

GOAL B-2: PROTECTION OF DESIGNATED SPECIES HABITAT

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

Ob*ective B.2.2: To ensure that these habitats are given maximum protection
through the permit-review process.

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

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

Task B.2.2.3: Adopt measures to insure the protection of habitat of special
significance to manatee.

C. RESEARCH

Effective management of any biological system relies almost entirely on information
as to how that system functions, and research is the foundation upon which this
information is basqd. Estuarine/lagoonal systems are incompletely understood,
and it is essential that some of the gaps in this understanding are filled. Therefore,
the goals of the research program within the Bureau of Submerged Lands and
Preserves are primarily directed toward applied research, rather than toward basic,
or theoretical, research. The goals of the research program are: (1) to gain a
better understanding of those factors that are essential to the continued biological
integrity of the major habitats (beds of submerged vegetation, marshes, and tidal
fl ats) within the aquatic preserve, and (2) to gain a better understanding of those
factors that govern the continued survival and propagation of designated species
that use the aquatic preserve for any portion of their life cycle.

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

Objective C.1.1: To determine the primary factors that affect the survival of
submerged grasses and algal beds.

Task C.1.1.1: Pursue, at the bureau level, funding to conduct research on
the life cycles of algal and submerged grass species present.

Task C.1.1.2: Whenever possible, participate in research on the biology
and ecology of the submerged grass and algal species present.

Obiective C.1.2: To determine the primary factors that affect the survival of
marsh plant species.

Task C.11.2.11: Whenever possible, participate in research on the biology
and ecology of the marsh plant species present.

Task C.1.2.2: Pursue, at the bureau level, funding to conduct research on
the colonization rates of all marsh plant species.

ObjectiveC.1.3: To determine the primary factors that affect the functioning
of tidal f lats.

Task C.1.3.11: Whenever possible, participate in compiling an inventory of
the benthic infauna present in tidal flats.

Task C.1.3.2: Whenever possible, participate in research on the changes
in tidal flat configurations.

Task C.1.3.3: Whenever possible, participate in research on the rates of
colonization by submerged and emergent vegetation on tidal flats.

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

Ob"ective C.2.11: To determine which portions of the preserve serve as habitat
for designated species.

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

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

Obnective C.2.2: To determine the patterns and trends in manatee use of the
aquatic preserve.

Task C.2.2.11: Whenever possible, participate in research on the factors that
affect the continued survival of manatees.

Task C.2.2.2: Coordinate with and, if necessary, lend assistance on a local
level to the Division of Marine Resources' manatee research and protection
program.

Oboective C.2.3: To determine the species composition, distribution,
abundance, seasonality, and size classes of marine turtles that utilize the
aquatic preserve.

Task C.2.3.11: Whenever possible, participate in research on the biology
and life history of marine turtles and the factors affecting their recovery in the
aquatic preserve.

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

D. ENVIRONMENTAL EDUCATION

The integrity of the biological system within the Tomoka Marsh Aquatic Preserve
can be affected, both directly and indirectly, by the public's enjoyment of the
preserve. Without a biologically "healthy" preserve, water quality will deteriorate,
fisheries will fail due to loss of habitat, and many species of wading birds will
disappear. One of the primary aims of the aquatic preserve program, therefore, is
to educate the public as to the importance of the factors that affect the integrity of
the preserve. This public is composed of a number of segments: (1) students
[e.g., elementary, college]; (2) waterfront property owners; (3) visitors and new
residents; (4) user groups [e.g., boaters, developers and marine contractors]; (5)
special interest groups (e.g., Audubon Society, boating clubs); and (6) local,
regional, and state government agencies that are involved in making decisions.
which may affect the aquatic preserve.

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

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

Oblective D.11: To establish and conduct educational programs that describe
general information on the preserve's ecosystem and/or specific topics
related to the preserve.

Task D.11.11: Conduct or assist in informal seminars, classes, workshops for
public discussion of current resource management issues, resource
utilization, and regulatory activities. Public forums such as these should
involve private and public interests.

Mective D.2: To produce educational literature and materials that inform the
public of the preserve's natural and cultural resources and the importance of
preserving and protecting these resources.

Task D.2.1: Develop brochures, pamphlets, and/or booklets that describe
to the public: (1) the purpose of and activities conducted at the local aquatic
preserve office; and (2) general information on the preserve's ecosystem.
If feasible, this task will include video presentations.

Task D.2.2: Upon approval from DNR Office of Communication, submit
newspaper articles or radio announcements designed to educate the general
public about the ecological functions and economic importance of the
natural resources within a preserve.

.95

CHAPTER V1111

MANAGEMENT COORDINATION NETWORK

This chapter presents a general overview of the various federal, state, regional, and
local agencies that regulate or hold any interest in the management or use of the
Tomoka Marsh Aquatic Preserve. A reference matrix of these regulatory programs
and their jurisdiction's is presented in Table 2. One function of the aquatic Oreserve
program is to coordinate with these agencies to achieve common goals relevant to
aquatic preserve 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, construction activities,
regulation programs, research activities, and land/wildlife management programs
that deal either directly or indirectly with the aquatic preserves. , These federal
agencies include: U.S. Army Corps of Engineers, U.S. Coast Guard, U.S.
Environmental Protection Agency, U.S. Geological Survey, U.S. Fish and Wildlife
Service, and the National Marine Fisheries Service.

The U.S. Army Corps of Engineers (Cg@El has jurisdiction over inland navigable
waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and
Harbors Act in 1968 extended the Corps' jurisdiction, allowing the agency to
consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other
relevant factors of a project. The Corps Regulatory Program was expanded in 1972
to include the Federal Water Pollution Control Act Amendments, now known as the
Clean Water Act (CWA), which expanded the Corps' role from regulating "navigable
waters" to "waters of the United States." Section 404 of this act requires the Corps
to control dredge and fill activities. In 1977, amendments to the CWA extended this
jurisdictional responsibility to wetlands. The Corps also contributes 50% of the
funds reimbursed to the Water Management Districts by the Department of Natural
Resources for aquatic plant control.

The U. S. Coast Guard (USPGI provides technical assistance primarily through its
police powers over waterways,- port safety, security, marine environmental
protection, and its search and rescue duties. Other assistance is provided through
the following: preliminary investigation of surface water pollution, developing,
installing, maintaining and regulating navigational aids, boat safety and licensing,
and federal law enforcement. The nearest USCG station is located at New Smyrna
Beach, near the Ponce DeLeon Inlet.

If a local government wishes to post navigation signs in navigable waters which fall
under the jurisdiction of the state government, the Coast Guard provides comment
to the state regarding the suitability of the zone. While the Coast Guard comments
on these zones, it does not enforce those speed zones designated by the state.

USCG permits are not required for speed zone sign structures, although U. S. Army
Corps of Engineers and Florida Department of Environmental Regulation permits
are required. To minimize the number of waterway obstructions, the Coast Guard
will consider requests to mount boat speed signs on federally maintained aids to
navigation. Coast Guard permission is required to install the signs on these
navigation aids, and specific appli cation procedures and requirements have been
established.

The Coast Guard Auxiliary, an organization of volunteers, performs boating safety
inspections, conducts boating classes and assists in search and rescue operations.

The U.S. Environmentai Protection Agency (EPA) has jurisdiction over surface
waters in the state. Enforcement authority was given under the Clean Water Act
of 1968 and broadened under the 1977 revision. In general, the EPA is responsible
for pollution control and abatement, including: air, water, noise, solid waste, toxic
waste, and radiation. The agency reviews permits issued by the Department of
Environmental Regulation for the treatment, disposal, and storage of hazardous
wastes. Authority is divided between EPA and USCG regarding the -discharge of
oil or hazardous substances into surface water. Although the EPA has broad
regulatory. powers which it rarely exercises, the agency does regulate pipeline
crossings, wastewater treatment outfalls, and other significant outfall structures.

The U.S. Geological Survey (USGS) performs surveys and research pertalining to
topography and monitors mineral and water resources.

The U.S. Fish and Wildlife Service (USFWS) is responsible for fish and wildlife
and their habitat as authorized in: the Coastal Barrier Resources Act (COBRA),
National Environmental Protection Act, Migratory Bird Act, Endangered Species Act,
and the Fish and Wildlife Coordination Act (FWCA). Under provision of the FWCA,
USFWS must be consulted before COE can submit a plan for Congressional
approval. The USFWS comments on the impacts of proposed projects on
endangered species, migratory birds, and other fish and wildlife and their habitats.
They are directed to prepare environmental impact assessments or statements for -
proposed projects by the COE and are authorized to issue "Jeopardy Opinion"
against any proposed project Which will negatively affect an endangered species
(Barile et al., 1987).

The USFWS participates in DRI reviews, and review of local comprehensive plans,
programs, projects, or ordinances as they affect fish, plants, and wildlife. USFWS
staff may also be asked to provide expert testimony at administrative hearings. The
Jacksonville office has jurisdiction over northeast Florida, extending as far south as
Orange and Brevard counties.

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

In accordance with the federal consistency review process, the Bureau of
Submerged Lands and Preserves reviews the federal programs and activities as to
how they affect the objectives of the.aquatic preserve management program. This
review is coordinated through the Florida Department of Environmental Regulation's
Office of Coastal Management in order to enforce the provisions of the Federal
Coastal Zone Management Act of 1972, as amended.

B. STATE AGENCIES

Eight state agencies have programs that affect the resources or regulate activities
within the aquatic preserves: Department of Natural Resources, Department of
Environmental Regulation, Department of Health and Rehabilitative Services, Game
and Freshwater Fish Commission, Department of Commurrity Affairs, Marine
Fisheries Commission, Department of State, and the Department of Transportation.

Although not a state agency, the Office of Planning and Budgeting of the
Governor's Executive Office, in conjunction with the DER's Office of Coastal
Management, is responsible for administering project reviews applicable to Florida's
Coastal Management Program Federal Consistency evaluation process. This
process includes all projects in the state that involve federal permitting, federal
assistance or control federal activities. Each project must undergo this additional
review to determine if the project is consistent with established programs, policies,
and rules of the State, including aquatic preserves.

The Department of Natural Resources (DNR) areas of responsibility include
acquiring and managing state lands, including sovereignty submerged lands and
marine resources (e.g., marine research projects, sea turtle and manatee
protection). The Florida Marine Patrol enforces safe boating laws as well as
commercial and recreational fishing regulations. Authority granted under Chapters
18-20, and 18-21, F.A.C., gives DNR responsibility to regulate commercial and
residential docks and other structures and activities conducted on submerged
lands. Chapters 369.20-369.22, F.S. authorizes the Bureau of Aquatic Plants to
regulate various aquatic plant control programs, including permit review for

mechanical, biological, and chemical control of aquatic plants. Permits are also
necessary under Chapter , 16C-52, F.A.C., "Aquatic Plant Importation,
Transportation, Cultivation, and Possession", for any persons cultivating,
revegetating, or collecting aquatic plants.

The DNR uses the 10-year high water mark to determine jurisdiction. The DNR
rarely approves a project if the COE and a local government oppose it. Where
applicable, aquatic preserve managers are asked for comments. The DNR has
enacted new regulations to determine which projects can be approved "in-house,"
as opposed to requiring approval of the Governor and the Cabinet. The DNR is
moving to a position of opposing most dredging that causes any negative impact.
The DNR defers water quality issues to the DER.

A DNR consent to use submerged lands is required for construction of vertical
bulkheads and revetments below the jurisdictional 1 0-year high water mark. A DN R
submerged land lease is required for dredge, fill, and dock projects below this
jurisdictional line.

Chapter 370, F.S. addresses saltwater fisheries and the protection of marine
animals. These laws are enforced primarily by the Department of Natural
Resources or by the DNR's Florida Marine Patrol (FMP), but may also be enforced
by the Florida Game and Fresh Water Fish Commission (FGFWFC), local sheriff's
deputies, or local police officers. Chapter 370, F. S., addresses protection of: 1)
marine turtles, 2) the West Indian manatee, which is declared the "Florida State
Marine Mammal", 3) mammalian dolphins (porpoises), and 4) manta rays. Section
370.12(5), F.S., addresses the Motorboat Revolving Trust Fund, which provides
$250,000 for DNR's manatee and marine mammal recovery effort; manufacture and
erection of informational and regulatory signs; production, publication, and
distribution of educational materials; participation in manatee and marine mammal
research programs, including carcass salvage and other programs; and other
programs to assist the recovery of other endangered species and to prevent the
endangerment of other marine mammal species.

In 1989, the legislature amended the Manatee Sanctuary Act to include "Thompson
Creek, Strickland Creek, Dodson Creek, and the Tomoka River." The DNR was
required to establish rules designating the sanctuary and regulating the speed and
operation of motorboat traffic on these waterways, not later than December 31,
1989. The Governor and Cabinet adopted the rules proposed by the DNR on
October 24, 1989, establishing "slow speed" zones in Dodson, Strickland, and
Thompson creeks; establishing a "slow speed" zone in the portion of the Tomoka
River which extends from its confluence with the Halifax River to the U. S. 1 bridge;
and establishing a "caution zone" in the portion of the Tomoka River which extends
from the U. S. 1 bridge upstream to the 1-95 bridge. The terms "caution zone" and
"slow speed" are defined in Chapter 16N-22.002, F.A.C.

100

The Department of Environmental Regulation (DER) has a broad range of
responsibilities and receives its authority from State Law and some delegated from
EPA. Generally, the DER responsibilities include water management, water quality,
potable water, air quality, coastal management, wetland protection, power plant
siting, hazardous and solid wastes.

These responsibilities are accomplished through the following regulatory
mechanisms: (1) establishment of state standards designed to protect natural
systems and prevent harmful pollutants from entering these systems; (2) application
of these standards through the permitting of potential sources of pollution and
monitoring discharges for compliance; and (3) initiation of enforcement action for
non-compliance with these standards.

The DER's rules most pertinent to the aquatic preserve management program are
Chapters 17-301, 17-302, @ 17-4, and 17-312, F.A.C. Authority for these rules is
based in Chapter 403, F.S. Chapter 17'301 and 17-3,02, F.A.C., addresses water
quality standards with the most stringent category being "Outstanding Florida
Waters" (OFW). The Tomoka Marsh Aquatic Preserve became an OFW by
legislative action in 1979. Chapter 17-4, F.A.C., addresses permit requirements and
Chapter 17-312, F.A.C., covers dredge and fill activities.

Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands Protection
Act of 1984, requires that any person requesting the use of state-owned lands shall
have prior approval of the Trustees. As a result of this amendment, an interagency
agreement between DNR and DER provides for comments from DNR staff, on
behalf of the Board of Trustees, into the DER permitting process for proposed
activities in aquatic preserves.

The Department of Health and Rehabilitative Services (HR$J has responsibilities
to protect the public's health by overseeing functions that involve water supply, on-
site sewage disposal, septic tanks , solid waste control, and hazardous wastes.
Authority for these responsibilities is found in Chapters 154, 381, and 386, F.S., and
in the 10D Series of F.A.C., known as the "Sanitary Code." Within each county,
HRS functions as the county's health department and oversees these jurisdictional
responsibilities.

Also affecting the public's health and -the aquatic preserve program is the arthropod
(mosquito) control program, which is usually administered through the local
mosquito control district. Section 388.291, F.S., provides the HRS with supervisory
authority over mosquito control districts. The mosquito districts must submit work
plans and detailed work plan budgets to the HRS for the control of mosquitos or
other arthropods, which include midges, sand flies, dog flies, yellow flies, and horse
flies. Each of these public health programs holds the potential to create significant
impacts upon the aquatic preserves. With environmental permitting, DNR approved
management plans and restrictive pesticide labeling, the potential for significant

101

negative impacts is reduced. Both Volusia and Flagler Counties have mosquito
control programs.

The Game and Fresh Water Fish Commission (GFWFQ authority is provided in
the rules and regulations of Chapters 39.101 and 39.102, F.A.C. This authority
involves the implementation of specific regulations and their enforcement for
protecting all wildlife and their habitats. As such, the GFWFC is the state
coordinator for species designated for protection in Florida.

The Department of Community Affairs (DCA) and the Regional Planning Councils
are authorized u 'nder Section 380.06, F.S., to administer the Development of
Regional Impact (DRI) review program. The DRI process was established to
provide a review and monitoring procedure for development projects potentially
affecting the health, safety or welfare of citizens of more than one county.

Additionally, the DCA designates Areas of. Critical State Concern (ACSC). These
designations are intended to protect the areas of the state where development has
endangered or may endanger resources of regional or statewide significance..
Under an ACSC designation, the local governments are required to submit new or
existing land development regulations to DCA for review and approval. According
to Section 380.05, F.S., the entire land development process will require the state's
superv ision until that local government modifies its land development practices to
conform to the principles guiding development within an ACSC.

The DCA also oversees the development of Local Government Comprehensive
Plans (LGCP) for both counties and municipalities, as required by the Local
Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Part 11, F.S. Subsection 163.3203(5), F.S. provides that DCA shall
adopt rules for the review of local government land development regulations.
Within one year of submission for review by DCA, local governments are required
to adopt land development regulations which are consistent with their
comprehensive plans, pursuant to Subsection 163.3167(2), F.S. The three
elements within these plans that bear most directly on the aquatic preserve
program are the Coastal Zone Management Element, the Conservation Element,
and the Future Land Use Element.

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

102

The Department of State (DOS). Division of Historical Resources (DHR) has
the responsibility granted under Chapter 267, F.S., regarding the preservation and
management of Florida's archaeological and historical resources. This
responsibility includes those cultural resources located on state-owned lands,
including aquatic preserves.

The Florida Department of State, Division of Historical Resources, assists local
governments with historic preservation issues. This includes assistance with the
development of pertinent and effective goals, objectives, and policies for
comprehensive plans. The primary emphasis is on helping local governments
identify, evaluate, and maintain or mitigate damage to significant historic resources
within the local jurisdiction. Projects with state or federal involvement (e.g.,
Community Development Block Grants, 201 Wastewater Treatment Plants, airports,
Land and Water Conservation Fund Grants, Developments of Regional Impact
(DRIs), US Army Corps of Engineers and FDER permit applications, etc.) must be
submitted to the Division of Historic Resources for review, to determine possible
impacts on significant historic resources.

The Department of Transportation (QQT
I has responsibilities that include right-of-
way and surface water runoff in the areas of roads, bridges, and causeways. The
DOT also updates a state-wide aerial photographic sorvey every four years, rotating
on a district basis.

The Florida Department of Transportation (DOT) regulations have a profound
impact upon the environment through location of roadways and specifications for
culverts, detention and retention facilities, and spanning water courses or wetlands.
The DOT indirectly regulates growth and development by designating roadways a
certain classification.

Q. REGIONAL AGENCIES

At the regional level, the management coordination- network includes the St. Johns
River Water Management District, the East Central Florida Regional Planning
Council, and the Florida Inland Navigation District. These organizations conduct
activities that are on a broader scale than those of local governments.

The St. Johns River Water Management District (SJRWMD) was created by
Chapter 61-69, Laws of Florida, as a public corporation for carrying out Chapter
378, F.S., and is governed by provisions of Chapter 373, F.S. Chapters 40C-4 and
40C-40, Florida Administrative Code, were adopted to ensure continued protection
of the water resources of the District including wetlands and other natural
resources. The rules in these chapters are to implement the surface water
management permit system mandated in Part IV of Chapter 373, F.S. The statutes

103

resulted from passage of Chapter 84-79, Laws of Florida, the Warren G. Henderson
Wetlands Protection Act of 1984.

SJRWMD has jurisdiction over and administers the permitting program for water
use, well construction, stormwater discharge, groundwater withdrawals, surface
water management, water level control and provides control of exotic plants
(primarily hydrilla and water hyacinths) in cooperation with the COE. The
SJRWMD's activities also include land acquisition, with over 50 percent of their
budget targeted for this purpose.

It is the intent of the Florida Legislature (Chapter 87-97, Section 1-6, Laws of
Florida) through the Surface Water Improvement Management (SWIM) Act, that the
water management districts "design and implement plans and programs for the
improvement and management of surface water." The Tomoka Marsh Aquatic
Preserve is ranked 7th in the SWIM priority ranking process. Because of limited
funds to implement the SWIM plans that have been developed for higher priority
rankings, it is doubtful that the SJRWMD can develop a SWIM plan for Tomoka
Marsh Aquatic Preserve in the foreseeable future.

The East Central Florida Regional Planning Council (EQFRPQ serves as the
regional planning body for Volusia County and for the city of Ormond Beach.
ECFRPC functions include: (1) providing assistance to local governments with
planning expertise, (2) serving as, the regional representative for the DRI review
process, (3) serving as a regional clearinghouse for state and federal projects and
programs,- (4) assisting local governments in securing grants, (5) conveying
information from the local governments to the state and federal levels, and (6)
preparing and administering the Regional Comprehensive Policy Plan.

The Northeast Florida Regional Planning Council serves as the regional planning
body for Flagler County'and performs the same functions as the ECFRPC.

The Florida Inland Navigation District (FIND) was created by the Florida
Legislature in 1927. The legislature authorized FIND to purchase the existing Florida
Coastal Canal, to convey it to the United States, and to perform other conditions
imposed by the federal government.

The District's primary function has been to provide the cooperation which the
United States requires as a prerequisite to federal waterway improvements. The
federal government and the State both act through FIND, whereby the United
States agrees to construct and maintain the Intracoastal Waterway (ICW) through
the Army Corps of Engineers and FIND agrees to furnish it, free of cost, the
necessary rights-of-way and areas for the deposit of dredged material in connection
with subsequent maintenance.

104

The 1985 Florida Legislature enacted Section 374.976 F.S. which recognized "the
continuing need for inland navigation districts to undertake programs necessary to
accomplish the purposes of construction, maintenance, and operation of Florida's
inland waterways." Each inland navigation district, except the district created
pursuant to Section 374.301 F.S. is empowered and authorized to undertake
programs intended to alleviate the problems associated with its waterway or
waterways. FIND may act as a local interest sponsor for any project designated
as a "Section 107, River and Harbor Act-of 1960" project; sponsor or participate
financially or otherwise, in beach renourishment projects, provided that any such
project is a benefit to public navigation in the district; sponsor'or furnish assistance
and financial support, including grants, to local governments within the district for
planning and carrying out public navigation, public recreation, and boating safety
projects, whether waterway-wide or of a purely local nature.

In 1991 the Florida legislature enacted Section 374.977 F.S. which provided FIND
with the responsibility of posting and maintaining signs for manatee protection
along the East Coast of Florida.

D. LOCAL AGENCIES

The Tomoka Marsh Aquatic Preserve spans two counties (Flagler and Volusia) and
two municipalities, all of which have areas of jurisdiction within the Tomoka Marsh
Aquatic Preserve and zoning regulations over the adjacent uplands. The
municipalities include the city of Ormond Beach and the city of Flagler Beach.
Appendix D lists those ordinances, both proposed and passed by these local
governments, that relate to the management and protection of resources within the
aquatic preserve.

Volusia County regulates estuarine waters through the imposition of minimum
standards for stormwater runoff and wetland protection. The County Building
Department is responsible for permitting seawalls, revetments, and docks in the
unincorporated areas of the county. The Department of Environmental
Management performs surface water quality monitoring and is in the process of
attaining a Quality Assurance Quality Control certificate for its water quality testing
program from the state, to make water quality test results defensible to any
challenges. This certificate will ensure that sampling and testing are performed
consistently, which will- facilitate accurate comparison of different study results. The
Sheriff's Department patrols the County's waterways ensuring boater safety,
enforcing the laws of the state, assisting boaters, and watching for pollution and
safety problems.

The Halifax River Task Force (HRTF) was created by the Volusia County Council
to address resource management issues associated with the Halifax River and its
tributaries. The HRTF is comprised of representatives from local and state

105

government, environmental groups and interested citizens. Individual members
serve on a number of subcommittees which address specific topics in detail.
Subcommittees include government regulation, water quality, waterflow and
shoreline, environmental education, public awareness/special events, estuarine
ecology and adopt-a-shore. The HRTF seeks solutions to water quality and
stormwater management problems, sponsors river clean-ups, environmental
education and river awareness events, and works for the general improvement of
the Halifax River and its tributaries.

The East Volusla Mosquito Control District JEVMCQ) surveys and controls
mosquitoes within Volusia County. EVMCD operates under the authority and
procedures established by Chapter 388, F.S., and is governed by the Volusia
County Council. Flagler County contracts with EVMCD for the provision of certain
inspections and aerial spraying within Flagler County. EVMCb also assists the city
of Ormond Beach by providing information regarding appropriate stormwater
retention/ detention facility design. The EVMCD is also responsible for maintaining
existing mosquito control structures and ditches and spraying to control
mosquitoes. The EVMCD practices open marsh water management techniques.

The Ponce DeLeon Idlet and Port Authorit undertakes a number of projects
which both affect and monitor estuarine water quality as well as projects to affect
the recreational use of the estuary.

The Volusia Land Trust (YOM is a nonprofit landholding trust recognized as a
public charity under federal tax law. VOLT is governed by an eight-member board
of trustees. The VOLT property is comprised of 2582 acres of saltmarsh with
adjacent bottom land hammock land which extends to the west side of the lower
Tomoka River and the Tomoka Basin northward to Bulow State Park, abutting the
Tomoka Marsh Aquatic Preserve. This property was donated by the Bellemead
Corporation in 1984 and is intended to become a part of the State park system.

The city of Ormond Beach Department of Engineering, the Department of Public
Utilities, Department of Parks and Beautification, and the Building Department all
affect estuarine waters. The engineering and Public Utilities Departments affect the
estuarine waters of the Halifax and Tomoka rivers through their jurisdiction over
drainage, streets, and the wastewater treatment plant. The Engineering Department
also has jurisdiction over clearing, grading, excavating, and filling, all of which
potentially. affect estuarine surface water quality. The Engineering Department will
begin monitoring surface water quality in the Halifax River, the Tomoka River, and
certain tributaries. The Parks and Beautification Department is responsible for litter
control, which affects the surface water quality, aesthetics, as well as fish and
wildlife. The Building Department is charged with enforcing city ordinances.,

106

Flagler Count regulates estuarine waters through the imposition of minimum
standards for stormwater runoff and wetland protection. The County Building
Department is responsible for permitting seawalls, revetments, and docks in the
unincorporated areas of the county.

107

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
00
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 Fede_ral
LGT CGr ILDD IMCD ICD SWC RPC NMD FIN DAC DCA DER DNR GFC Hits IDos [Dar Fmp nG mFc CG COE EPA FWS NMF GS
Dredge and Fill Permittfna
......... .. .....
Docks, Fishing Piers, Seawalls ob ...... .....
. ........ ........
Marinas

F . .. ......
Submerged Lands Management
Habitat Protection ... . ....... .... .
Mangroves/Wetlands Protection
.. ........
Seagrass Protection
p
Habitat Restoration
Mangroves/Wetlands Restoration 01 1
.... . . ........
Seagrass Restoration 0 0 0
....... ....- .......

:,:x::-.T:X.: ... ..... ...
Resource Inventory 0 0 0 0 0 0
....... .......

...... .......
Manatees/Porpoises 0 0 .0 0
Endangered Species 0 0
Shellfish /Ag uacu Iture 0 0 0
AX-
Public Awareness/Education 01 1 0 0 0 0 0 0,;::
Research 0 0 0 0 0
Fisheries Research 0 0 0 0 0 0
C)
Fisheries Management 0 0 10 0
. ...... ...-
Recreational Fishing I V. 0 0 0 0.0 0
Commercial Fishing 0 0 0 0 0
Wildlife Management 10 0 0
Mosquito Impoundments 0 . ....... .
'A
01
Historical/Archeological Sites 0 0
Water Quality 0 0 X...
0 0 0
.... ......
Nonpoint Source Pollution 010 1 0 0 0 0 0
X:.: -Xm:...
Point Source Pollution 010 0 0 0 0
Oil/Chemical Spills 0 0 0 0 . . . 0
F"
Drainage/Freshwater Control 0 0 0 0 .@*i *1r.,.i.....-iii@I@i] 0 0.0
. .........
0 0 0 0
Emergency Response 0 0
...........
Upland Development 0 *1 1 0
-4
Land Use Planning
0 0
Navigational/Boating 0 0 0 0 0 0-
Recreational Areas 0 0 0
01
Bridges and Roads 0 0"o

-al@

110

CHAPTERIX

STAFFING AND FISCAL NEEDS

Historically, the Aquatic Preserve Program has been largely dependant on federal
coastal zone grant funds for the development of management plans, with very little
of this funding allocated toward staffing. Consequently, the number of both field
positions and central office positions have been limited. Since 1986, funding from
the Florida Legislature for the Aquatic Preserve Program has also been limited. In
order to provide effective management and protection of the resources of Tomoka
Marsh Aquatic Preserve, adequate funding for staff and operational costs 'is
required.

The Tomoka Marsh Aquatic Preserve is currently managed as a regional unit of the
Central Florida Aquatic Preserve Program. The regional office oversees the
management objectives for the Wekiva River Aquatic Preserve, and the St. Johns
River aquatic preserve segment. With limited funding, a regional management
approach is more economical irr that it provides maximum utility of vehicles, boats
and administrative assistance. At the present time there is one permanent (FTE)
and five temporary (OPS) positions in the program. All OPS positions are funded
by a DER Pollution Recovery Trust Fund Grant. DER funded staff are responsible
for meeting the special project requirements of the grant. Of the five OPS positions,
four are field positions, and one position has both field and administrative duties.

Currently, there is no legislative funding for additional staffing for the aquatic
preserves located in central Florida. These aquatic preserves are located in a
rapidly growing region, with numerous complex issues related to growth
management, water quality, and resource protection. At the present time, only
minimal additional equipment is needed, but additional staff is required to
adequately address the numerous resource management issues associated with
the preserves. The Wekiva, St. Johns, Tomoka and Halifax rivers are amongst the
most heavily used recreational water ways in Central Florida. At minimum one law
enforcement officer should be assigned to this region. It is anticipated that one
additional full time biological position, one full time administrative assistant, and one
law enforcement officer would provide the minimum staffing to adequately manage
these aquatic preserves. An annual review of the program tasks accomplished
(Chapter VII) would help to determine if this staffing estimate is adequate to meet
the legislative intent of the program.

A budget covering projected staff time, equipment, travel and other expenses for
the central Florida aquatic preserves, which would include Tomoka Marsh Aquatic
Preserve, is provided in Table 3. The proposed budget is required to fulfill the short
range needs of the preserve as described in this management plan, and
accomplish the Department goal of -on-site management for all aquatic preserves
by 1991, as expressed in the Agency Functional Plan.

1@1

112

TABLE 3

PROPOSED 2 YEAR BUDGET TO MEET STAFFING NEEDS FOR TOMOKA
MARSH AQUATIC PRESERVE AND OTHER REGIONAL AQUATIC PRESERVES
IN CENTRAL FLORIDA

SALARY I st YEAR 2nd YEAR

ES 11 (with benefits) $ 33,836 34,851
Law Enf. Off. (with benefits) 20,940 21,600
Adm. Asst. (with benefits) 17,773

Subtotal $ 89,286 74,224

OPERATING CAPITAL OUTLAY

Office equipment $ 3,500 1,000
Computer 2,600

Subtotal $ 6,100 1,000

OPERATING EXPENSES

Office, gas, phone, etc. 5,000 7,000
Law Enforcement equipment 7,500 9,000

TOTAL COST 1107,886 91,224

113

rl.

114

CHAPTER X

RESOURCE AND PROGRESS MONITORING PROGRAM

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

A. RESOURCE MONITORING

To monitor changes in the natural resources, a geographic information system
(GIS) is highly recommended. A GIS is a computer-based system that is used to
capture, edit, display, and analyze geographic information.- The first GIS programs
were developed about 20 years ago to manage large collections of natural resource
and environmental information. Since their development, they have been used in
other -areas such as utilities mapping, -inventory management, and land use
planning; however, their most important function continues to be natural resource
management.

Until such time as a GIS system is available for this unit, staff will rely on
interpretation of historical and.current aerial photography and on-site inspection and
monitoring. On-site field. data collections will include the periodic inventory,
compilation, and analysis of temporal and spatial data concerning the present state
of the natural resources within the preserve. Cooperation and information sharing
with other agencies processing similar data will also be undertaken.

B. PROGRESS MONITORING

For this management plan to be effectively implemented, it is necessary to monitor
the accomplishments and progress of the Tomoka Marsh Aquatic Preserve
Program ona regular basis. The purpose of this element is to detail the program's
accomplishments in its pursuit of the objectives outlined in Chapter VII. This
information, to be submitted in a report once every three years to the Bureau Chief,
will include an update of the biological resources' status within the preserve, or
within various segments of the preserve, as well as identifying current human
activities. This report will detail the following:

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

a. Through the use of resource inventories, or other available
data, document the status of each biological resource
(e.g.,submerged grasses loss or gain),

115

b. Identify the current number of structures/activities either
started or completed in the preserve. These
structures/activities will be categorized as follows:

1) authorized projects (e.g., private residential single
docks, multi-family fishing piers),
2) unauthorized projects, and
3) projects not in compliance with the original
authorization.

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

a. Each task will be listed and the activities required to complete
that task will be detailed. If the task was not done or not
completed, an explanation will be given. If the explanation was
due to insufficient funding/staff, then this fact will be detailed
so that an update of Chapter IX can be made.

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

116

BIBLIOGRAPHY

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Florida.

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Resources of the Charlotte Harbor area." Office of Environmental Services,
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Brothers, Mike. undated article. "The Ormond Beach Mound."
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Brown, Robin C. 1988. florida's Fossils, Guide to Location, Identification and
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Cowardin, Lewis M., Carter, Virginia, Golet, Francis C., and LaRoe, Edward T.
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C. Vargas & Associates. 1988. "Volusia County Coastal Management Element
Subtasks 4.1 And 4.2 Working Papers."

Daniel, R., F. Sicius, D. Ferro. 1980. "An Archaeological and Historic Survey of the
Proposed Halifax Plantation Development, Volusia and Flagler Counties".
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Tallahassee, Florida.

Dawes, C.J. 1981. Marine Algae of the West Coast of Florida. University of Miami
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Department of Environmental Regulation. 1991. "Report to the Environmental
Regulation Commission on the Proposed Designation of Tomoka River &
Spruce Creek as Outstanding Florida Waters." prepared by the Bureau of
Surface Water Management, Department of Environmental Regulation.
Tallahassee, Florida.

117

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Wilderness Graphics, Inc. for the Department of Environmental Regulation.
Tallahassee, Florida.

Department of Natural Resources. 1989. Florida's Rivers Assessment. Tallahassee,
Florida.

Department of Natural Resources. 1987. "Letting Snook Off The Hook." Tallahassee,
Florida.

Department of Natural Resources. 1990. "Tomoka State Park Unit Management
Plan, Division Draft." Tallahassee, Florida.
Eiseman, N.J., and M.C. BeAz. 1975. "Marine Algae of the Indian River. I." Species
of algal drift community collected from April 1974 to April 1975. Tech. Rep. 1,
Harbor Branch Foundation, Fort Pierce, Florida.

Flagler County Planning Department. 1988. "Comprehensive Plan, Coastal
Management."

Flagler County Planning Department. 1987. "Comprehensive Plan, Conservation
Element."

Flagler County Planning Department. 1.989. "Comprehensive Plan, Future Land Use
Element."

Flagler County Planning Department. 1989. "Comprehensive Plan,
Intergovernmental Coordination Eleme Element."

Gilbrook, Michael J. and Gisondi, Elizabeth. 1989. "Guide To Listed Species In The
East Central Florida Region." East Central Florida Regional Planning Council,
Winter Park, Florida.

Gilbrook, Michael J. 1989. "Marina Siting In The Coastal Estuaries Of East Central
Florida." contract CZIVI 200, East Central Florida Regional Planning Council,
Winter Park, Florida.

Hine, Albert C. 1988. "Evaluation Of The Volusia County Coastline: Dominant
Processes, Shoreline Change, Stabilization Efforts, And Recommendations
For Beach Management." University of South Florida, St. Petersburg, Florida.

118

Magley, Wayne. 1989. "Halifax River (Volusia County) Supplemental Water Quality
Data, Water Quality Technical Series Volume 3, Number 21, Department of
Environmental Regulation, Tallahassee, Florida.

Marsh, William. 1978. Environmental Analysis For Land Use And Site Planning.
McGraw-Hill Book Company, New York.

Nybakken, J. W.. 1982. Marine Biology, An Ecological Approach. Harper & Row
Publishers, Inc., New York.

Ormond Beach Planning Department.- 1990. "Coastal Management Element, Year
2010 Comprehensive Plan, City of Ormond Beach, Florida."

Ormond Beach Planning Department. 1990. "Conservation Element, Year 2010
Comprehensive Plan, City of Ormond Beach, Florida."

Ormond Beach Planning Department. 1990. "Cultural Affairs, Recreation and Open
Space Element, Year 2010 Comprehensive Plan, City of Ormond Beach, Florida."

Ormond Beach Planning Department. 1988. "Estuaries, Background Working Paper,
Year 2010 Comprehensive Plan."

Ormond Beach Planning Department. 1988. "Fish & Wildlife, Background Working
Paper, Year 2010 Comprehensive Plan."

Ormond Beach Planning Department. 1990. "Future. Land Use Element, Year 2010
Comprehensive Plan, City of Ormond Beach, Florida."

Ormond Beach Planning Department. 1990. "Intergo vernmental Coordination
Element, Year 2010 Comprehensive Plan, City of Ormond Beach, Florida."

Ormond Beach Planning Department. 1988. "Mining And Minerals, Background
Working Paper, Year 2010 Comprehensive Plan."

Ormond Beach Planning Department. 1988. "The Halifax River, Background
Working Paper, Year 2010 Comprehensive Plan."

Ormond Beach Planning Departm 'ent. 1988. "The Tomoka River, Background
Working Paper, Year 2010 Comprehensive Plan."

Ormond Beach Planning Department. 1990. "Utilities Element, Year 2010
Comprehensive Plan, City of Ormond Beach, Florida."

119

Russell & Axon, Engineers-Planners-Architects, Inc. and Briley-Wild & Associates,
Consulting Engineers. 1980. "North Coastal Volusia County, 201 Facilities
Plan." prepared by Russell & Axon and Briley-Wild for Daytona Beach,
Daytona Beach Shores, Holly Hill, Ormond Beach, Port Orange, Sounth
Daytona, and The Town of Ponce Inlet. EPA Project No. C-120620010.
Russo, Michael, Ballo, J. R., Austin, R. J., Newsom, Lee, Scudder, Sylvia, and C
Rowland, Vicki. 1989. "Phase I I Archaeological Excavations At The Riverbend
Site (8V02567), Volusia County, Florida." prepared by Piper Archaeological
Research, Inc. for Charles Burkett & Associates, St. Petersburg, Florida.

Salvesen, David. 19W. Wetlands, Reaulatina and Mitiaating Development Impacts.
The Urban Land Institute, Washington, D. C.

Schropp, S. J. and Windom. 1988. "A Guide To The Interpretation Of Metal
Concentrations In Estuarine Sediments." Coastal Management Section of the
Department of Environmental Regulation and Skidaway Institute of
Oceanography, Tallahassee, Florida.

So, Frank, Stollman, Israel, Beal, Frank, and Arnold, David. C. 1979. The Practice
of Local Government Plannina. The International City Management
Association, Washington, D. C.

Strickland, Alice. undated. The Valiant Pioneers, Histo[y of Ormond Beach,
Volusia County, Florida. sponsored by the Volusia County Historical
Commission, the Board of County Commissioners, Volusia County, and the
Ormond Beach Historical Society.

U. S. Department of Agriculture. 1980. "Soil Survey of Volusia County, Florida."

U. S. Fish and Wildlife Service. 1989. 'The Florida Manatee (Irichechus manatus
latirostris) Recovery Plan." prepared by the Florida Manatee Recovery Team,
for the U. S. Fish and Wildlife Service, Atlanta, Georgia.

Volusia Council of Governments. 1974. "Stormwater Management, Phase 1, Volusia
County, Florida." Contract No. CPA-FL-04291039, Report No. SMVCF-PI-74-
04.

Volusia Council of Governments. 197.8. "208 Water Ouality Management Program."

Volusia County Historical Commission. 1955. Centennial Histou of Volusia Coun1y,
Florida, 1854-1954. edited by lanthe B. Habel for the Volusia County
Historical Commission. College Publishing Company, Daytona Beach,
Florida.

120

Volusia County Planning And Zoning Department. 1989. "Future Land Use Support
Document."

Volusia County Planning And Zoning Department. 1989. "The Volusia County
Comprehensive Plan."

Volusia County Planning And Zoning Department. 1987. "North Peninsula Study
Area 2A."

Volusia-Flagler Sierra Group. 1989. "Petition For The Designation of Tomoka River,
Volusia County As Outstanding Florida Waters (revised).

Yaro, Robert D., Arendt, Randall G., Dodson, Harry L., and Brabec, Elizabeth A.
Dealina With Change in the Connecticut River Valley: A Design Manual for
Conservation and Development. Lincoln Institute of Land Policy and the
Environmental Law Foundation.

Zieman, J.C. 1980. "Methods and Rates of Productivity in Seagrasses", in: R.C.
Phillips and C.P. McRoy eds. Handbook of Seagrass Biology. Garland
STMP Presss, New York. pp. 87-116.

Zieman, J.C. 1982. The Ecology of the Seagrasses of South Florida: A Community
Profile. FWS/OBS-82/25, U.S. Fish and Wildlife Service, Office of Biological
Servies, Washington, D.C.

121

01"

r-
A

122

APPENDIX A

Administrative Codes (R. 3/87)
V. 9, p. 692-20 18-20.002

CHAPTER 18-20 (c) To coordinate with federal, state, and local
FLORIDA AQUATIC PRESERVES agencies in aid in carrying out the intent of the
18-20.001 Intent. Legislature in creating the preserves;
18-20.002 Boundaries and Scope of the (d) To use applicable federal, state, and local
Preserves. management programs, which are compatible with
18-20.003 Definitions. the intent and provisions of the act and these rules.
18-20.004 Management Policies, Standards and to assist in managing the preserves;
and Criteria. (e) To encourage the protection, enhancement
18-20.005 Uses, Sales, Leases, or Transfer of or restoration of the biological, aesthetic, or
Interests in Lands, or Materials, scientific values of the preserves, including but not
Held by the Board. (Repealed) limited to the modification or existing manmade
18-20.006 Cumulative Impacts. conditions inward their natural condition, and
18-20.007 Protection of Riparian Rights. discourage activities which would degrade the
(Repealed) aesthetic, biological, or scientific values, or the
18-20.008 Inclusion of Lands, Title to Which quality, or utility of a preserve, when reviewing
Is Not Vested in the Board, in a applications, or when developing and implementing
Preserve. management plans for the preserves;
18-20.009 Establishment or Expansion of (f) 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 of Lands. mangroves, salt water marshes, fresh water
18-20.012 Protection of Indigenous Life marshes, mud flats, estuarine, aquatic, and marine
Forms. reptiles, game, and non-game fish species, estuarine,
18-20.013 Development of Resource aquatic and marine invertebrates, estaurine,
Inventories and Management aquatic and marine mammals, birds, shellfish and
Plans for Preserves mollusks;
18-20.014 Enforcement (g) To acquire additiona; title interests in lands
wherever such acquisitions would serve to protect or
18-20.015 Application Form. (Repealed) enhance the, biological, aesthetic, or scientific values
18-20.016 Coordination with Other of the preserves;
Governmental Agencies. (h) To maintain those beneficial hydrologic and
18-20.017 Lake Jackson Aquatic Preserve. biologic functions, the benefits of which accure to
the public at large.
Library References: Riparian rights to navigable waters;
L. Henry Dean. 55 Fla. Bar J 247, 250 (Mar., 1981). (4) Nothing in these rules shall serve to
18-20.001 Intent. eliminate or alter the requirements or authority of
(1) All sovereignty lands within 2 preserve shall other governmental agencies, including counties
be managed primarily for the maintenance of and municipalities, to protect or enhance the
essentially natural conditions, the propagation of preserves provided that such requirements or
fish and wildlife, and public recreation, including authority are not inconsistent with the act and this
hunting and fishing where deemed appropriate by chapter.
the board, and the managing agency. Specific Authority 120.53 2-58.43(l) F.S. Law
(2) The aquatic preserves which are described in Chapter 80-280 Laws of Florida. History--New 2.23-81.
73-534, Laws or Florida, Sections 258.39,258.391, Amended 8-7-85, Formerly 16Q-20.01, Transferred from
258.392 and 258.393, Florida Statutes, future 16Q-20.001.
aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002 Boundaries and Scope of the
18-20.002, Florida Administrative Code, were Preserves.
established for the purpose of being preserved in an (1) These rules shall only apply in those
sovereignty lands within a preserve, title to which is
essentially natural or existing condition so that their
aesthetic, biological and scientific values may vested in the board, and those other lands for which
endure for the enjoyment of future generations. the board has an appropriate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizing the inclusion or
managed in accordance with the following goals: specific lands in an aquatic preserve pursuant to
(a) To preserve protect, and enhance these Section 20(2) of Chapter 73-534, Laws of Florida,
exceptional areas of sovereignty submerged lands by Sections 258.40(1) and 258.41(5), Florida Statutes,
reasonable regulation or human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature, and
implementation or a comprehensive management pursuant in Rule 18-20.008, Florida
program; Administrative Code. Any publicly owned and
(b) To protect and enhance the waters or the maintained navigation channel authorized by the
preserves so that the public may continue to enjoy
United States Congress, or other public works
the traditional receational uses of those waters such designed by the United States Congress,
as swimming. boating, and fishing; designed to improve or maintain commerce: and
123 navigation shall be deemed in be excluded from the

18-20.002 INTERNAL IMPROVEMENT TRUST FUND
provisions of this chapter, pursuant to Subsection 181. pages 363-366. and in the Official Records of
258.40(2), Florida Statutes. Furthermore, all lands Flagler County in Bank 33. pages 131-134.
lost by avulsion or by artificially induced erosion 4. Tomoka Marsh Aquatic Preserve. as
shall be deemed excluded from the provisions of this described in the official Records of Flagler County
chapter pursuant to Subsection 258.40(3), Florida in Book 33. pages 135-138, and in the Official
Statutes. Records of Volusia County in Book 1244. pages
(2) These rules do not apply to Boca Ciega Bay. 615-618.
Pinellas County or Biscayne Bay Aquatic 5. Wekiva River Aquatic Preserve, as described
Preserves. in Section 258.39(30). F.S.
(3) These rules are promulgated to clarify the 6. Mosquito Lagoon Aquatic Preserve, as
responsibilities of the board in carrying out its land described in the Offical Records of Volusia County
management functions as those functions apply in Book 1244, pages 619-623, and in the Official
within the preserves. Implementation and Records of Brevard County in Book 1143, pages
responsibility for environmental permitting or 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preserve, as described
preserves are vested in the Department of in the Official Records of Brevard County in Book
Environmental Regulation. Since these rules are 1143, pages 195-198. less those lands dedicated in
considered cumulative with other rules, a person the U. S. A. prior it the enactment of the act, until
planning an activity within the preserves should such time as the U. S. A. no longer wishes to
also consult the other applicable department rules maintain such lands for the purpose for which they
(Chapter 18-21, Florida Administrative Code, for were dedicated, at which time such lands would
example) as well as the rules of the Department of revert to the board, and be managed as part of the
Environmental Regulation. preserve.
(4) These rules shall not affect previous actions 8. Indian River - Malabar to Sebastian
of the board concerning the issuance of any Aquatic Preserve, as described in the 0fficial
casement or lease or any disclaimer concerning Records of Brevard County in book 1143, pages
sovereignty lands. 199-202 and in the Official Records of Indian
(5) The intent and specific provisions expressed River County in book 368, pages 5-8.
in 18-20.001(e) and (f) apply generally to all 9. Indian River - Vern Beach to Fort Pierce
existing or future aquatic preserves within the scope Aquatic Preserve, as described in the Official of this chapter. Upon completion or a resource Records of, Indian River County in Book 368, pages
inventory and approval of a management plan for a 9-12 and in the Official Records of St. Lucie
preserve, pursuant to 18-20.013, the type County in Book 187, pages 1083-1086.
designation and the resource sought to be preserved 10. Jensen beach to Jupiter Inlet Aquatic
may be readdressed by the Board. Preserve, as described in the Official Records of St.
(6) For the purpose or clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve, as
follows do not include any land which is expressly described in the Official Records Or Martin County
recognized as privately owned upland in a in Book 337, pages 2159-2162, and in the Official
pre-existing recorded mean high water line Records of St. Lucie County in book 201, pages
settlement agreement between the board and a 1676-1679.
private owner or owners. Provided, however, in 12. Loxahascee River-Lake Worth Creek
those instances wherein a settlement agreement was Aquatic Preserve, as described in the Official
executed subsequent to the passage or the Florida Records of Martin County in Book 320, pages
Coastal Mapping Act, the determination or the 193-196, and in the Official Records of Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act. 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons interested in obtaining details of County Line Aquatic Preserve, as described in the
particular preserves should contact the Bureau of Official Records of Dade County in Book 7055,
State Lands Management, Department of Natural pages 852-856, less, however, those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165, F. S..
Tallahassee, FL 32303 (telephone 904-488-2297). (Biscayne Bay Aquatic Preserve Act of 1974), and
(a) The preserves are described as follows: those lands and waters within the Biscayne
1. Fort Clinch State Park Aquatic Preserve, as National Park.
described in the Official Records or Nassau County 14. Lignumvitae Key Aquatic Preserve, as
in Book 108. pages 343-346, and in Book 111 page described in the Official Records of Monroe County
409. in Book 502, pages 143-146.
2. Nassau River - St. Johns River Marshes 16. Coupon Bight Aquatic Preserve, as
Aquatic Preserve, as described in the Official described in the Official Records of Monroe County
Records of Duval County in Volume 3183, pages in Book 502, pages 143-146.
547-552, and in the Official Records of Nassau 16. Cape Romano - Ten Thousand Islands
County in Book 108, pages 232-237. Aquatic Preserve, as described in the Official
3. Pellicer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in the Official Records of St. Johns County in Book 298-301.

124

(R.3/87)
V. 9, p. 692-2Q FLORID AQUATIC PRESERVES 18-20.003
17. Rookery Bay Aquatic Preserve,as described negotiate an arrangement with any such private
in Section 258.39(31). FS. upland owner by which such land may be included
18. Estero Bay Aquatic Preserve as described in in the preserve.
Section 258.39(28), Florida Statutes. 33. Terra Ceia Aquatic Preserve, as described in
19. Pine Island Sound Aquatic Preserve, as Section 258.393, Florida Statutes.
described in the Official Records of Lee County in 34. Future aquatic preserves established
Book 648, pages 732-736. pursuant to general or special acts of the legislature.
20. Matlacha Pass Aquatic Preserve, as Specific Authority 120.53, 258.43(1) F.S. Law
described in the Official Records of Lee County in 258.41, 258.42, 258.43, 258.44, 258.45 F.S History--
Book 800, pages 725-728. New 2-23-81, Amended 8-7-85. Formerly 16Q-20-02
21. Gasparilla Sound - Charlotte Harbor Transferred from 16Q-20.002.
Aquatic Preserve, as described in Section 258.392,
F.S. 18-20.003 Definitions. When used in these
22. Cape Haze Aquatic Preserve, as described in rules, the following words shall have the indicated
Section 258.39(29), F.S. meanin unless the context clearly indicates
23. Cockroach Bay Aquatic Preserve, as otherwise:
described in Section 258.391. F.S. (1) "Act: means the provisions of Section 258.35
24. St. 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 276, pages 238-241. (2) "Activity" means any project and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring board
described in the Official Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 98, pages 82-85. interest in sovereignty lands or material, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of
described in the Official Records of Gulf County in Environmental Regulation.
Book 46, pages 77-81, and in the Official Records of (3) "Aesthetic values" means scenic
Franklin County in Volume 98, pages 102-106. characteristics or amenities of the prserve and the
27. St. Joseph Bay Aquatic Preserve, as maintenance thereof.
described in the Official records of Gulf County in (4) "Application" means any person making
Book 46, pages 73-76. application for a permit, license, conveyance of an
28. St. Andrews State Park Aquatic Preserve, as interest in state owned lands or any other necessary
described in the Official Records of Bay County in form of governmental approval in order to perform
Book 379, pages 547-550. any activity within the preserve.
29. Rocky Bayou State Park Aquatic Preserve, (5) "beneficial biological functions" means
as described in the Official Records or Okaioosa interactions between flora, fauna and physical or
County in Book 593, pages 742-745. chemical attributes of the environment, which
30. Yellow River Marsh Aquatic Preserve, as provide benefits that accrue to the public at large,
described in the Official Records of Santa Rosa including, but not limited toL nutrient, pesticide and
County in Book 206, pages 568-571. heavy metal uptake; sediment retention; nutrient
31. Fort Pickens State Park Aquatic Preserve, as conversion to biomass; nutrient recycling and
described in the Official Records of Santa Rosa oxygenation.
County in Book 220, pages 60-63, in the Official (6) "Beneficial hydrological fuctions" means
Records or Escambia County in Book 518, pages interactions between flora, fauna and physical
659-662, less the lands dedicated to the U. S. A. for geological or geographical attributes of the
the establishment of the Gulf Islands National environment, which provide benefits that accrue to
Seashore prior to the enactment of the act, until such the public at large, including, but not limited to:
time as the U. S. A. no longer wishes to maintain retardation of storm water flow, storm water
such lands for the purpose for which they were retention; and water storage, and periodical release;
dedicated, at which time such lands would revert to (7) "biological values" means the preservation
the board and be managed as part of the preserve. and promotion of indigenous life forms and habitats
32. For the purpose of this section the including, but not limited to: sponges, soft corals,
boundaries of the Lake Jackson Aquatic Preserve, hard corals, submerged grasses, mangroves,
shall be the body of water in Leon county known as saltwater marshes, fresh water marshes, mud flats,
Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14, marine, estuarine, and aquatic reptiles, games, and
Township 1 North, Range 1 West and Sections 11, non-games fish species, marine, estuarine, and
12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, aquatic mammals, marine, estuarine, and aquatic
and 35, Township 2 North, Range 1 West lying invertebrates, birds and shellfish.
below the ordinary high water line. Such lands shall (8) "Board" means the Governor and Cabinet
include the submerged bottom lands and the water sitting as the Board of Trustees of the Internal
column upon such lands, as well as all publicly Improvement Trust Fund.
owned islands, within the boundaries of the (9) :Channel" means a trench, the bottom of
preserve. Any privately held upland within the which is normally covered entirely by water, with
boundaries of the preserve shall be deemed to be the upper edges of its sides normally below water.
excluded therefrom; provided that the Board may

125

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(10) -Commercial, industrial and other revenue (22) "Preserve" means any and all of these areas
generating/income related docks" means docking which are excepttional final areas of sovereignity lands
facilities for an activity which produces income and the associated water body so designated in
through rental or any other means, or which serves Section 258.39. 258.391. and 258.392. F.S.,
as an accessory facility to other rental, commercial including all sovereignty lands, title to which is
or industrial operations. It shall include. but not be vested in the board, and suck other lands as the
limited to docking for. marinas, restaurants. hotels. board may acquire or approve for inclusion and the
motels, commercial fishing, shipping, noat or ship water column over such lands, which have been ser
construction, repair. and sales. aside to be maintained in an essentially natural or
(11) "Department" means the State of Florida existing condition of indifenous flora and fauna and
Department of Natural Resources. as administrator their supporting habitat and the natural scenic
for the board. qualities and amenities thereof.
(12) "Division" means the Division of State (23) "Private residential single dock" means a
Lands, which performs all staff duties and functions dock which is used for private, recreational or
related to the administration or Lands title tit which leisure purposes for a single family residence
is, or will be. vested in the board. pursuant to section cottage or other such single dwelling unit and which
253.002, F.S. is designed to moor no more than two boats.
(13) "Dock" means a fixed or floating structure. (24) "Private resident multi-slip dock" mean
including moorings, used for the purpose of a docking facility which is used for private
berthing buoyant vessels either temporarily or recreational or leisure purposes for multi-unit
indefinitely. residential dwelling which shall include but is not
(14) "Essentially natural condition" means limited to condominiums, townhouses, subdivisions
those functions which support the continued and other suck dwelling or residential areas and
existence or encourage the restoration of the diverse which is designed to moor three or more boats.
population or indigenous life forms and habitats in Yachts clubs associated with residential
the extent they existed prior to the significant developments, whose memberships or utilization of
development adjacent to and within the preserve. the docking facility requires some real property
(15) "Extreme hardship" means a significant interest in the residential area, sahll also be
burden, unique to the applicant and not shared by included.
property owners in the area. Self-imposed (25) "Public interest" means demonstrable
circumstances caused toany degree by actions of any environmental, social, and economic benefits which
person subsequent to the enactment of the Act shall would accrue to the public at large as a result of a
not be construed as an extreme hardship. Extreme proposed action, and which would clearly exceed all
hardship under this act shall not be construed it, demonstrable environmntal, social, and economic
include any hardship which arises in whole fir in costs of the proposed action. In determining the
part from the effect of other federal, state or local public interest in a request for use, sale, lease, or
laws, ordinances, rules or regulations. The term transfer of interest in sovereignty lands or severance
may be inherent in public projects which are shown of materials from sovereignty lands, the board shall
to be a public neccessity. consider the ultimate project and purpose to be
(16) "Fill" means materials from any source, served by said use, sale, lease, or transfer of lands or
deposited by any means onto sovereignty lands, materials.
either for the purpose of creating new uplands or for (26) "Public navigation project" means a project
any other purpose, including spoiling or dredged primarily for the purpose of navigation which is
materials. For the purpose of this rule. the authorized and funded by the United States
placement of pilings or riprap shall not be Congress or by port authorities as defined by
considered to be filling. Section 315.02(2). F.S.
(17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or
lands, tide to which is vested in the board, granted in improvements required for the protection of the
accordance with specific terms set forth in writing. health and safety of the public. consistent with the
(18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production site to the Commission, or which are provided by rural
consumer. cooperatives, municipalities, or other governmental
(20) "Person" means individuals, minors, agencies, including electricity, telephone, public
partnerships, corporations, joint ventures, estates, water and wastewater services, and structures
trusts, syndicates, fiduciaries, firms, and all other necessary for the provision of these services.
associations and combinations, whether public or. (29) "Quality of the preserve" means the degree
private, including governmental entities. of the biological, aesthetic and scientific values of the
(21) "Pier" means a structure in, on, or cover preserve necessary for present and future enjoyment
sovereignty lands, which is used by the public of it in an essentially natural condition.
primarily for fishing, swimming, or viewing the (30) "Resource management agreement" means
preserve. A pier shall not include a dock. a contractual agreement between the board and one

126

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v.9,P. 692-2S FLORIDA AQUATIC PRESERVES 18-20.004

of more parties which does not create an interest in water and where the use of the water or sovereignty
real property but merely authorizes conduct of lands is an integral part of the activity.
certain management activities on lands held by the Specific Authority 258.43(1) FS. Law implemented
inward. 258.37, 358.43(1) FS. History -New 2.25-81. Amended
(31) "Resource Protection Area (RPA) I" - 8.7-85. Formerly 16Q-20.03. Transierred from
Areas within the aquatic preserves which have 16Q-20.003.
resources of the highest quality and condition for 18-20.004 Management Policies, Standards
that area. These resources may include. but are not and Criteria. The following management
limited to corals; marine grassbeds; mangrove standards and criteria are supplemental to Chapter
swamps; salt-water marsh; oyster bars; 18-21, Florida Administrative Code (Sovereignty
archaeological 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 site&. approve with conditions or modifications or deny all
(32) "Resource Protection Area 2" - Areas requests for activities on sovereignty lands, in
within the aquatic preserves which are in transition aquatic preserves.
with either declining resource protection area 1 (1) GENERAL PROPRIETARY
resources or new pioneering resources within (a) In determining whether to approve or deny
resource protection area 3. any request the Board will evaluate each on a
(33) "Resource Protection Area 3" - Areas case-by-case basis and weigh any factors relevant
within the aquatic preserve that are characterized under Chapter 253 and/or 258,Florida Statutes.
by the absence of any significant natural resource The Board, acting as Trustees for all state-owned
attributes. Lands. reserves the right to approve, modify or reject
(34)"Riparian rights" means those rights any proposal.
incident to lands bordering upon navigable waters, (b) There shall be no further sale, lease or
as recognized by the courts of this state and common transfer of sovereignty lands except when such sale.
law. lease or transfer is in the public interest (see Section
(35) "Sale" means a conveyance of interest in 18-20.004(2) Public Interest Assessment Criteria).
lands. by the board, for consideration. (c) There shall be no construction of seawalls
(36) "Scientific values" means the preservation waterward of the mean or ordinary high water line.
and promotion of certain qualities or features which or filling waterward of the mean or ordinar hiqh
have scientific significance. water line except in the case of public road and
(37) "Shore protection structure" means a type bridge projects where no reasonable alternative
of coastal construction designed to minimize the rate exists.
of erosion. Coastal construction includes any work (d) There shall, in no case, be any dredging
or activity which is likely to have a material physical waterward of the mean or ordinarv high water ine
effect on existing coastal conditions or natural shore for the sole or primary purpose of providing fill for
processes. any area Landward of the mean or ordinary high
(38) "Sovereignty lands" means those lands water line.
including, but not limited to: tidal lands, islands, (e) A lease, easement or consent of use may be
sandbars, shallow banks, and lands waterward of authorized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation project;
State or Florida acquired title on March 3, 1845, by 2. maintenance of an existing navigational
virtue of statehood, and of which it has not since channel;
divested its title interest. For the purposes of this 3. installation or maintenance of approved
rule sovereignty lands shall include all submerged navigational aids;
lands within the boundaries of the preserve, title to 4. creation or maintenance of a maintenance
which is held by the board. commercial/industrial dock, pier or a marina;
(39) "Spoil" means materials dredged from 5. creation or maintenance of private docks for
sovereignty lands which art redeposited or reasonable ingress and egress or riparian owners;
discarded by any means, onto either sovereignty 6. minimum dredging for navigation channels
lands or upland. attendant to docking facilities;
(40) "Transfer" means the act of the board by 7. creation or maintenance of a shore protection
which any interest in lands, including easements, structure;
other than sale or least, is conveyed. 8. installation or maintenance cqar oil and gas
(41) "Utility or the preserve" means fitness of transportation facilities;
the preserve for the present and future enjoyment of 9. creation, maintenance, replacement or
its biological, aesthetic and scientific values, in an expansion of facilities required for the provision of essentially natural condition. pubiic ULi6qliLiqCS; and
(42) "Water dependent activity" means an 10. other activities which are a public necessity
activity which can only be conducted on, in, over, or or which are necessary to enhance quality or
adjacent to, water areas because the activity utility of the preserve and which art consistent with
requires direct access to the water body or the act and this chapter.
sovereingnty lands for transportation, recreation, (f) For activities listed in paragraphs
eneryg production or transmission, or source of 18-20.004(l)(e)1.--10. above, the activity shall be

127

(R. 3/87) 18-20.004 INTERNAL IMPROVEMENT TRUST FUND

designed so that the structure or structures to be 2. provide boating and marina services (repair,
built in. on or over sovereignty lands are limited to pumpout, etc.):
structures neccessary to conduct water dependent 3 improve and enhance public health, safety,
activities. welfare, and law enforcement;
(g) For activities listed in paragraphs 4. improved public land management;
18-20.004(1)(e)7., 8.. 9. and 10. above. it must be 5. improve and enhance public navigation;
demonstrated that no other reasonable alternative 6. improve and enhance water quality;
exists which would allow the proposed activity to be 7. enhancement /restoration of natural habitat
constructed or undetaken outside the preserve. and functions; and
(h) The use of state-owned lands for the purpose 8. improve/protect
of providing private or public road access to islands endangered /threatened /unique species.
where such access did not previously exist shall be (c) COSTS:
prohibited. The use of state-owned lands for the 1. reduced/degraded water quality;
purpose of providing private or public water supply 2. reduced/degraded natural habitat and
to islands where such water suppLy did not function;
previously exist shall be prohibited. 3. destruction, harm or harassment
(i) 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 Improve of Cle It 5. increasing navigational . hazards and
navigational access shall be incorporated into the congestion;
preempted area of any required lease or be subject to 6. reduced /degraded aesthetics; and
a negotiated private casement fee. 7. adverse cumulative impacts.
(j( Private residential multi-slip docking (d) EXAMPLES OF SPECIFIC BENEFITS:
facilities shall require a lease. 1. donation of land, conservation casements,
(k) aquaculture and beach renourishment restrictive covenants or other title interests in or
activities which comply with the standards fir this contiguous to the aquatic preserve which will
rule chapter and Chapter 18-21, Florida prrotect 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 finding or management activities;
compatibility with the purpose of Chapter 258, 3. providing public access casements and/or
Florida Statutes, and this rule chapier. facilities, such as beach a, boat - ramps, etc;
(1) Other uses of the preserve or human activity 4. restoration/enhancement of altered habitat or
within the preserve, although not originally natural functions, such as conversion of vertical contemplated. may be approved by the board, but bulkheads to riprap and/or vegetation for shoreline
only subsequent to a formal finding of compatibility stabilization or re-establishment of shoreline or
with the purposes or Chapter 258, Florida Statutes, submerged vegetation;
and this rule chapter. 5. improving fishery habitat through the
(2) PUBLIC INTEREST ASSESSMENT establishment of artificial reefs or other such.
CRITERIA projects, where appropriate;
In evaluating requests for the sale, lease or 6. providing sewage pumpout facilities where
transfer of interest, a balancing test will be utilized normally not required in particular, facilities open.
to determine whether the social, economic and/or to the general public;
environmental benefits clearly exceed the costs. 7. improvements to water quality such as
(a) GENERAL BENEFIT/COST removal of toxic sediments, increased flushing and
CRITERIA circulation, etc.;
1. any benefits that are balanced against the 8. providing upland dry storageasan alternative
costs of a particular project shall be related to the to wenslip; and
affected aquatic preserve; 9. marking navigation channels to avoid
2- in evaluating the benefits and costs of each disruption of shallow water habitats.
request, specific consideration and weight shall be (3) RESOURCE MANAGEMENT
given to the quality and nature of the specific (a) All proposed activities in aquatic preserves
aquatic preserve. Projects in the less developed, having management plans adopted by the Board
more pristine aquatic preserves such as must demonstrate that such activities are consistent
Apalachicola Bay shall be subject. to a higher with the management plan.
standard than the more developed urban aquatic (b) No drilling of oil, gas or other such wells preserves such as Boca Ciep Bay; and. shall be allowed.
3. for projects in aquatic preserves with adopted (c) Utility cables, pipes and other such
management. plans, consistency with the structures shall be constructed and located in a
management plan will be weighed heavily when manncr that will cause minimal disturbance to
determining whether the Project is in the public submerged land resources such as ovsier bars and
interest, submerged grass beds and do not interfere with
(b) BENEFIT CATEGORIES: traditional public uses.
1. public access (public boat ramps, boatslips, (d) Spoil disposal within the preserves shall be etc-); strongly discouraged and may be approved only

128

(R/9/88)
V. 9, p. 692-2U FLORIDA AQUATIC PRESERVES 18-20.004

structures shall 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 resources such as oyster bars and (- 4)feet (mean low water);
submerged grass beds and do not interfere with 4. when the water depth is minus four (-4) feet
traditional public uses. (mean low water) at an existing bulkhead the
(d) Spoil disposal within the preserves shall be maximum dock length from the bulkhead shall be
strongly discouraged and may be approved only 25 feet. subject to modifications accommodating
where the applicant has demonstrated that there is shoreline vegetation overhang;
no other reasonable alternative and that activity 5. wave break devises, when necessary, 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 or
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions of this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional, common law and 7. dredging to obtain navigable water depths in
statutory riparian rights of upland riparian conjunction with private residential, singqle'dock
property owners adjacent in sovereignty lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip docks shall
reasonable riparian rights of ingress and egress for conform in the following specific design standards
private, residential multi-slip docks shall be based and criteria:
upon the number of linear feet of riparian shoreline. 1. the area of sovereignty. submerged land
(c) For the purposes of this rule, a private. preempted by the docking facility shall not exceed
residential, single docking facility which meets all the square footage amounting to ten times the
the requirements of Rule 18-20.004(5) shall be riparian waterfront footage of the affected
deemed to meet the public interest requirements of watcrbody of the applicant, or the square footage
Rule 18-20.004(l)(b). Florida Administrative attendant in 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 easement or
all of the requirements and standards of this rule other such use restriction' acceptable to the Board
chapter. must be placed on the riparian shoreline, used for
(5) STANDARDS AND CRITERIA FOR, the calculation or the 10:1 threshold, to conserve and
DOCKING FACILITIES protect shoreline resources and subordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights of ingress and egress for
multi-slip residential or commercial, shall be additional docking facilities;
subject to the following standards and criteria: 2. docking facilities and access channels shall be
1. no dock shall extend waterward or the mean prohibited in Resource Protection Area 1 or 2,
or ordinary high water line more than 500 feet or 20 except as allowed pursuant to Section
percent of the width of the waterbody at that 258.42(3)(c)l., Florida Statutes, while dredging in
Particular location whichever is less; Resource Protection Area 3 shall be strongly
2. certain docks may fall within areas of special discouraged;
or unique importance. These areas may be of 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 more and other such areas which will accommodate the
restrictive than the normally accepted criteria. Such proposed boat use in order to insure that a minimum
modifications shall be determined on a case-by-case of one foot clearance is provided between the deepest
analysis, and may include, but shall not be limited to draft of a vessel and the bottom at mean low water;
changes in location, configuration, length, width 4. main access docks and connecting or cross
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths, drafts and types of 5. terminal platforms shall not exceed eight (8)
vessels allowed to utilize the proposed facility may feet in width;
also be stipulated; and 6. finger piers shall not exceed three (3) feet in
4. where local qovernments 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 the protection and adequate mooring capabilities; and
enhancement or the aquatic preserve shall prevail. 8. the following provisions of Rule
(b) Private residential single docks shall 18.20.004(5)(d) shall also apply to private
conform to the following specific design standards residential multi-slip docks.
and criteria: (d) Commercial, industrial and other revenue
1. any main access dock shall be limited in a generating/income related docking facilities shall
maximum width of four (4) feet; conform to the following specific design standards
2. the dock decking design and construction will and criteria:
insure maximum light penetration- with full 1. docking facilities shall onlY be located in or
consideration of safety and practicality; near areas with good circulation, flushing and
adequate water depths;

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18-20.006 INTERNAL IMPROVEMENT TRUST FUND V.9,p692-2V

2. docking facilities and access channels shall be. Cockroach Say April 21, 1987
prohibited in Resource Protection Area I or 2, Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(e)1., Florida Statutes; while dredging in (Cape Haze)
Resource Protection Area 3 shall be strongly Gasparilia
discouraged; Sound-Charlotte
3. the docking facilities shall not belocated 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 18,1983
Resource Protection Area 1 or 2. that art located Indian River-Malabar
along the shoreline, to reach an acceptable Resource to Vero Beach January 21,1986
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vcro Beach to Fort
4. beginning July 1, 1986 new docking facilities Pierce and Jensen
may obtain a lease only where the local governments Beach to Jupiter
have an adopted marina plan and/or policies Inlet) January 22, 1985
dealing with the siting of commercial/industrial Loxahatchee
and private, residential. multi-slip docking facilities River-Lake Worth
in their local government comprehensive plan; Creek June 12, 1984
5. the siting of the docking facilities shall also Nassau River-St.
take into account the access of the boat traffic to Johns River Marshes
avoid marine grassbeds or other aquatic resources in and Fort Clinch
the surrounding areas; State Park April 22, 1986
6. the siting of new facilities within the preserve North Fork of the St.
shall be secondary to the expansions of existing Lucie River May 22, 1984
facilities within the preserve when such expansion St Joseph Bay June 2, 1987
is consistent with the other standards; St Martins Marsh September 9, 1987
7. the location of new facilities and expansion of Terra Ceia April 21, 1987
existing facilities shall consider the use of upland Wekiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Authority 258.43(1) FS. Law Implemented
docking; 258.42, 258.42, 258.42(1),258.44 FS. History-New
8. marina siting will be coordinated with local 2-25-81, Amended 6-7-85, formerly 16Q-20.004
governments to insure consistency with all local Transferred from 16Q.20.004,Amended 9-4-88.
plans and ordinances; 18-20.005 Uses,Sales, Leases, or Transfer of
9. marinas shall not be sited within state Interests in Lands, or Materials, Held by the
designated manatee sanctuaries; and board.
10. in any areas with known manatee Specific Authority 258.43(1) FS. Law Implemented
concentrations, manatee warning/notice and/or 253.02, 253.12, 258.42 FS History-New 2-25-81, speed limit signs shall be erected at the marina Repealed 8-7-85, Formerly 16Q-20.05,Transferred from
and/or ingress and egress channels, according to 16Q-20.005.
Florida Marine Patrol specifications.
(c) Exceptions to the standards and criteria 18-20.006 Cumulative Impacts. In evaluating
listed in Rule 18-20.004(5), Florida Administrative applications for activities within the preserves, or
Code, may be considered, but only upon which may impact the preserves, the department
demonstration by the applicant that such exceptions recognizes that, while a particular alteration of the
are necessary to insure reasonable reparian ingress preserve may constitute a minor change, the
and egress. cumulative effect of numerous such changes often
(6) MANAGEMENT AGREEMENTS results in major impairments to the resources of the
The board may enter into management preserve. Therefore, the department shall evaluate
agreements with local agencies for the a particular site for which the activity is proposed
administration and enforcement of standards and with the recognition that the activity may, in
criteria for private residential single docks. conjunction with other activities adversely affect the
(7) In addition to the policies, standards and preserve which is part of a complete and interrelated
crieteria delineated in subsections (1) through (6), system. The impact of a proposed activity shall be
the provisions of the following management plans considered in light of its cumulative impact on the
apply to specific aquatic preserves and are preserve's natural system. The department shall
incorproated herein by reference. Where regulatory include as a part Wits evaluation of an activity:
criteria in 18-20, F.A.C., may diffier with specific (1) The number and extent of similar human
policies in the management plans listed herein, the actions within the preserve which have previously
general rule criteria shall prevail affected or are likely to affect the preserve, whether
considered by the department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17, 1985 (2) The similar activities within the preserve

130

V.9,p 692-2W (R.9/88)
FLORIDA AQUATIC PRESERVES
which are currently under consideration by tha department; and (3) Direct and indirecs effects upon the preserve
and adjacent preserves, if applicable, which may reasonalby be wxpected in rusult from the acticity; and
(4) The extent to which the activity is consistent with management plans for the preserve, when developed; and
(5) The extent to which the acivity is permissible wihtin the preserve in accordance with comprehensive plans adopted by
affected local govermental agencies; (6) The extent to which the less of beneficial hydrologic and biologic functions would
adversely impact the quality of utility fo the preserve; and (7) The extent to which migration measures may compensate for
adverse impacts. Specific Authority 256.43(1) FS Law Implimented 256.36, 256.43, 256.44 FS History-New 2.25.81. Formerly
16Q-20.06. Trasferred from 16Q-20.006. 18-20.007 Protection of Riparian Rights. Specific Authority 258.43(1) FS Law Implemented
258.123.258.124(8),258.44 FS History- New 2.25-81, Repeated 8-7-85, Formerly 16Q-20.07 Transferred from 16Q-20.007.
18-20.008 Inclusion of Lands Title to Which Is Not Vested in the Board, in a Preserve, (1)Lands and water bottoms which are
wihtin designated aquatic preserve boundaries, or adjacent therto and which are owned by other governmental agencies, may
be included in an aquastic preserve appropriate insurtument in writing exceuted by the agency. (2) Lands and water bottoms which
are within designated aquatic preserve boundries or adjacent therto, and whichare in private ownership, may be included
in an aquatic preserve upon specific authorization for inclusion by an appropriate instrument shall be either a dedication
in perpetuity, or a lease. Such lease shall contain the following conditions: (a) Ther term of the lease shall be for a minimum
period of ten years.(b) The board shall have the power and duty to enforce the provisions of each laease agreement, and
shall additionally have the power to yerminate any lease if the termaination is in the best interest of the aquatic preserve
system, and shall have the power to include such lands in any agreement for management of such lands. (c) Ther board shall
pay no more than $1 per year for any such lease. Specific Authority 258.43(1) FS Law Implenented 258.40.258.41 FS History-
New 2.25.81, Formerly 16Q-20.08, Transferred from 16Q-20.008. 18-20.009 Establishment or Exapnsion of Aquatic Preserves.
(1) The board may expand wxisting preserves ro establish additional areas to be included in the aquatic preserve system,
subject to confirmation by the legislature. (2)The board may, after public notice and public hearing in the county or
counties in which the proposed expanded or new preserve is to be located, adopt a resolution formally setting aside such
areas to be included in the system.(3) The resolutin setting aside an aquatic preserve area shall include: (a) A legal
descripiton of hte area to be included. A map depicting the legal descirption shall also be attached. (b) The designation
of the type of aquatic preserve.(c)A general statement fo what is sought to be preserved. (d) A statement that the area
established as a preserve shall be subject to the management criteria and directives of this chapter.(e) A directive to
develop a natural resorce inventory and a management plan for the area being established as an aquatic preserve.(4) Within
30 days of the designation and establishment of an aquatic presere, the board shall record in the public records of the
county or counities in which the preserve is locatd a legal descirpiton of the preserve. Specific Authority 258.43(1) FS Law
Implemented 258.41 FS History-New 2-25.81, Formerly 16Q-20.09, Transferred from 16Q-20.009. 18-20.010 Exchange of Lands.
Ther board in its discreation may exchange lands for the benefit of the preserve, provided that: (1) In no case shall an
exchange result in any land or water area being withdrawn from the preserve and (2) Exchanges shall be in the public interst
and shall maintain or enhance the quality or utility of the preserve. Specific Authority 258.43(1) FS Law Implimented 258.41(5)
258.42(1), FS. History-New 2.25-81, Formerly 16A-20.10, Transfered from 16Q-20.010. 18-20.011 Gifts of Lands. The board in
its discreation may accept any gifts of lands of interests in lands within or xontiguous to the preserve to maintain or
enhance the quality and utility of the preserve. Specific Authoriy 258.43(1) FS Law Implenented 258.42(5) FS History-New
2.25-81, Formerly 16Q-20.11. Transferred from 16Q-20.011. 18-20.012 Protection of Indigenous Life Forms.The taking of indigenous
life forms for sale or commercial use is prohibited, except that this progibition shall not extend to the commercial taking
of fin fish, crusteces or mollusks, except as prohibited under applicable laws, rules or regulations. Members of the public
may excerise their rights to fish, so long as non contrary to other statutiory and regulatory provisions controlling such
activities. Specific Authority 258.43(1) FS. Law Implemented 258.43(1), Fs History-New 2.25.81. Formerly 16Q-20.12.
Transferred from 16Q-20.012.

(R.9/88)
18-20.017 INTERNAL IMPROVEMENT TRUST FUND V.9 p. 692-2X

18-20.013 Development of Resource 18-20-17 Lack Jackson Aquatic Preserve. In
Inventories and Management Plans for addition to the provisions of Rules 18-20.001
Preserves. through 18-20.016, the following requirements
(1) The board authorizes and directs the division shall also apply to all proposed acitivies within the
to develop a resource inventory and mangement Lack Jackson Aquatic Preserve. If any provisions of
plan for each preserve. this Rule are in conflict with any provisions of Rules
(2) The division may perform the work to 18-20.001 through 18-20.016 or Chapter 73-534.
develop the inventories and plans,. or may enter into Laws of Florida, the stronger provision for the
agreements with other persons to perform the work. protection or enchancement of the aquatic preserve
In either case, all work performed shall be subject to shall prevail.
board approval. (1) No further sale, transfer, or lease of
sovereignty lands in the preserve shall be approved
Specicific Authority 258.43(1) FS. Law Implemented or consummated by the Board, except upon a
253.03(7), 253.03(8) FS. History--New 2-25-81, showing of extreme hardship on the part of the
Amended 8-7-85, Formerly 16Q-20.13, Transferred from apllication or when the board shall determine such
16Q-20-013. sale, transfer or lease to be in the public interest.
(a) Such minimum dredgeing and spilling as may
be authorized for public navigation projects or for
18-20-014 Enforcement. The rules shall be preservation of the Lake according to the expressed
enforced as provided in Section 258.46. intent of Chapter 73-534, Laws of Florida, and
Specific Authority 258-43(1) FS. Law Implemented
258.46 FS. History--New 2-25-81. Formerly 16Q-20-14,
Transferred from 16Q-20-014.

18-20.015 Apllication Form.
Specific Authority 253.43(1) FS. Law Implemented
258.43 FS History--New 2-25-81. Kepcaled 6-7-85,
Formerly 16Q-20.15. Transferred from 16Q-20-015.

18-20.016 Coordination with Other
Governmental Agencies. Where a Department of
Environmental Regulation permit is required for
acitivies on sovereignty lands the department will
coordinate with the Department of Environmnetal
Regulation to obtain a copy of the joint Department
of Army/Florida Department of Environmental
Regulation permit application and the biological
survey. The information contained in the joint
permit application and biological assessment shall
be considered by the department in preparing its
staff recommendation to the board. The board may
also consider the reports of other governmental
agencies that have related management or
permitting responsibilities regarding the proposed
activity.
Specific Authority 253.43(1) Fs. Law Implemented
258.43 Fs. History--New 2-25-81. Formerly 16Q-20.16,
Transferred from 16Q-20-016.

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