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








                                     TOMOKA MARSH


                          AQUATIC PRESERVE MANAGEMENT PLAN



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               QH                                             1992
               90.75
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               T66
               1992
                                       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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                                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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                                                             8










                                                     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.




                                                           9








               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.








                                                         10










                 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;




                                                           11








                              (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;

                                                           12








                         (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.


                                                             13








               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.












































                                                      14










                                                  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


                                                        15









                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.


                                                           16












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                                                             18








                 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.






                                                         19









               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).





                                                          20










                  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.



                                                             21









               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.



                                                          22








                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.











                                                          23










               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


                                                          24














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                FIGURE 4. Vegetation Map                                                          ISLAND 7f-@'

                                     Saltmarsh


                                     Upland Vegetcftion






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                                                             26
















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       FIGURE .4.             Vegetation Map
                              (continued)
                                                                                                                                                                         -.4

                J%z           Saltmarsh
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                              Upland Vegetation
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                                                              28








                 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.



                                                           29








               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.

                                                        30








                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:.Gracilariaï¿½p.,  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).




                                                          31








                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.






                                                           32











                                                      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




                                                           33








              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



                                                        34









                 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.



                                                         35








               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).




                                                         36








                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


                                                         37








               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.

                                                          38








                 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.

































                                                           39




























































                                                  11





























                                                                                                                            0





        I










                                                            40










                                                    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


                                                           41









                     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.





                                                       42











      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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           FIGURE 5.              Adjacent Land Use Map

                                  Undeveloped Public                                                         . ......

                                                                                        .::4R1v.eri
                                  Undeveloped Private

                                  Low Density Residential                                                JOHNS
                                                                                                         ISLAND

                                  Medium Density Residential


                                  High Density Residential


                                  Commercial



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     FIGURE 5.        Adjacent Land Use Map
                      (continued)
                                                                                                                                       4'


                                                                                                                                             AZ'
                                                                               r6
                           eveloped Public
                      Und                                                                                                        .5-
                                                                                                         Tomoka
                      Undeveloped Private
                                                                                                           Marsh
                      Low Density Residential
                                                                                     N_'
                                                                                                         Aquatic
                      Medium Density Residential
                                                                                                         PresCrve
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                                                                                    n'

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                                                                               V., n'@_



                                                                                                       SCALE 1:24 OW
                                                                               1             112            0                             1 Mile

                                                                         45









































































                                                             46








                       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.


                                                         47








               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.











                                                          48










                                                    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-



                                                          49








               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).




                                                        50








                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.




                                                          51








               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.



                                                        52











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                                                                                                                                                                            The
                                                                                                                                                                         Rivers




                                                                                                                                                                                                    JOHNS
                                                                                                                                                                                                     ISLAND
                            FIGURE 6.                                Tomoka River Manatee
                                                                     Sanctuary

                                                                     Preserve Boundary

                                                                     Manatee @anctuarY
                                                                     Boundary



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                                                                                                                            41






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                                                            54















              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
              m
              a                                                                  0
              0
                                                                                      IDLE SPEED
              N                                               0    V.            (a
              0
                                                                                      300 FOOT SLOW SPEED BUFFER
              (D                                                                      30 MPH    OUTSIDE BUFFER

                                                                                      3
                                                                                          MPH   IN CHANNEL@
                                                                                       0
                                                                                      SLOW OUTSIDE CHANNEL
     t-n


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                                                               X




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                                                                                                                                                              56














                     -n
                     G-)                                            , -- = = --
                     c

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                     OD

                                                                                                                                    MAP 2


                                                                                                                               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,
                                                                    SR 40                                                          SLOw OUTSIDE CHANNEL

                                                                                                                                   CONDITIONAL 25 Upli/SLOW
                                                                                                                                   SPEED (SEE RULE)

                                                 --k                                                                               25 MPH AT NIGHT




                                                               0
                                                                t   I
                                                                    MILES


                                            1-95


































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                                                                                                                                                                          41













































                                                                                                                                                                                                                                                                                                                                                                                                                                                       Ad,














                                                                                                                                                                                                                       58









                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.



                                                          59








                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.




                                                            60








               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.






















                                                        61




























                                                                                                                            0.






                                                                                                                            IZFI






















































                                                                                                                            Af














                                                            62










                                                      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.







                                                             63










               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


                                                         64








                       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.



                                                         65










               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;


                                                        66








                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.


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                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


                                                           68








                 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.





                                                           69










               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.



                                                         70









               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


                                                       71








               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.






                                                       72








                 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





                                                           73









               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.



                                                         74










                 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.


                                                            75








               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



                                                        76








                 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






                                                            77








               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.



                                                       78








                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.





                                                         79








                                         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).



                                                        80


























                                                        X.
                                                               Tomoka
                                                                  Basin






                                                                                                               7-

                                                    VOLT


                                                                                                                  0


                                                                                                                    7-




                                                                                     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@













                                                             82
















                                                 JL















                                                  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





                                                              ----























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                                                                                                                                                                                                     84










                                                     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.






                                                            85











               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.





                                                        86










                 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.




                                                            87








                     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


                                                       88









                        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.



                                                           89









                      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.


                                                         90









                 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.




                                                           91









                      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.




                                                         92








                        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.


                                                         93









                       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.



                                                           94









              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



































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                                                            96










                                                    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.


                                                           97









               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).






                                                        98








                 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




                                                          99









               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






















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                                                                                                                                                           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.




















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                                                                                                                                                     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






















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                                                            114



                                                            I










                                                    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



                 Anderson and Price. 1900. The Walks, Drives and Sails of Ormond. Ormond,
                        Florida.

                 Barnett, B.S., R.T. Fernald, A. Goetzfried, and S.R. Lan. 1980. "The Fish and Wildlife
                        Resources of the Charlotte Harbor area." Office of Environmental Services,
                        Florida Game and Fresh Water Fish Commission, Vero Beach, Florida.

                 Briley-Wild and Associates. 1989. "City.of Ormond Beach Wastewater Treatment
                        Plant Effluent Reuse System." OB 89114-2R.

                 Brothers, Mike. undated article. "The Ormond Beach Mound."
                 Brown, Mark, Schaefer, Joseph, and Br;ndt, Karla. 1989. Buffer Zones For Water,
                        Wetlands and Wildlife In The East Central Florida Region. Center For
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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.
                        undated.  'Classification of Wetlands and Deepwater Habitats of the United
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                 C. Vargas & Associates. 1988. "Volusia County Coastal Management Element
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                 Daniel, R., F. Sicius, D. Ferro. 1980. "An Archaeological and Historic Survey of the
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                 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
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                                                           117








               Department of Environmental Regulation. undated material. "The Water's Edge, A
                      Guide to Florida's Coastal Management Program." Prepared by The Citizen
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                      Wilderness Graphics, Inc. for the Department of Environmental Regulation.
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               Department of Natural Resources. 1989. Florida's Rivers Assessment. Tallahassee,
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               Department of Natural Resources. 1987. "Letting Snook Off The Hook." Tallahassee,
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               Department of Natural Resources. 1990. "Tomoka State Park Unit Management
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               Eiseman, N.J., and M.C. BeAz. 1975. "Marine Algae of the Indian River. I." Species
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               Flagler County Planning Department. 1988. "Comprehensive Plan, Coastal
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               Flagler County Planning Department. 1987. "Comprehensive Plan, Conservation
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               Flagler County Planning Department. 1.989. "Comprehensive Plan, Future Land Use
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               Flagler County Planning Department.             1989.       "Comprehensive Plan,
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               Gilbrook, Michael J. and Gisondi, Elizabeth. 1989. "Guide To Listed Species In The
                      East Central Florida Region." East Central Florida Regional Planning Council,
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               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
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                                                        118








                Magley, Wayne. 1989. "Halifax River (Volusia County) Supplemental Water Quality
                       Data, Water Quality Technical Series Volume 3, Number 21, Department of
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                Marsh, William. 1978. Environmental Analysis For Land Use And Site Planning.
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                Nybakken, J. W.. 1982. Marine Biology, An Ecological Approach. Harper & Row
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                Ormond Beach Planning Department.- 1990. "Coastal Management Element, Year
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                Ormond Beach Planning Department. 1990. "Conservation Element, Year 2010
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                Ormond Beach Planning Department. 1990. "Cultural Affairs, Recreation and Open
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                Ormond Beach Planning Department. 1988. "Estuaries, Background Working Paper,
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                Ormond Beach Planning Department. 1988. "Fish & Wildlife, Background Working
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                Ormond Beach Planning Department. 1990. "Future. Land Use Element, Year 2010
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                Ormond Beach Planning Department. 1990. "Intergo         vernmental Coordination
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                Ormond Beach Planning Department. 1988. "Mining And Minerals, Background
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                Ormond Beach Planning Department. 1988. "The Halifax River, Background
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                Ormond Beach Planning Departm       'ent. 1988. "The Tomoka River, Background
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                Ormond Beach Planning Department. 1990. "Utilities Element, Year 2010
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                                                        119









              Russell & Axon, Engineers-Planners-Architects, Inc. and Briley-Wild & Associates,
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              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.

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              Strickland, Alice. undated. The Valiant Pioneers,      Histo[y of Ormond Beach,
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              U. S. Department of Agriculture. 1980. "Soil Survey of Volusia County, Florida."

              U. S. Fish and Wildlife Service. 1989. 'The Florida Manatee (Irichechus manatus
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                     for the U. S. Fish and Wildlife Service, Atlanta, Georgia.

              Volusia Council of Governments. 1974. "Stormwater Management, Phase 1, Volusia
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                     04.

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

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                                                      120







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























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                                                                                                                           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.


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                                                                                                                                             (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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                               (R. 3.87)
                               18-20.003                           INTERNAL IMPROVEMENT TRUST FUND                                       V. 9, P. 692-211

                                  (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


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                                                                                                                                                (R. 3/87)
                                   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

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                                      (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


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                                                                                                                           (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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                                    (R.9/38)
                                    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
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      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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