HomeMy WebLinkAbout2023 - SW Park Cooperative AgreementpHNS RAC. St. Johns River
Water Management District
�A'T'AGBME�O Michael A. Register, P.E., Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • 386-329-4500 • www.sjrwmd.com
July 28, 2023
Brian Benton, Interim City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re: Sebastian Stormwater Park Cooperative Agreement (LA: 86)
Annexing IRC Parcel Id: 31-38-25-00001-3890-00001.0 (LRS: 2022-009-P1)
Dear Mr. Benton:
On June 14, 2023, the St. Johns River Water Management District (SJRWMD) acquired the fee
simple interest of a 0.82-acre out parcel within the Sebastian Stormwater Park boundaries (the
Parcel). In accordance with paragraph 2 of the Cooperative Agreement dated January 20, 2004
(Agreement), the SJRWMD is requesting this Parcel be incorporated into the definition of
Property, and managed in accordance with the approved Land Management Plan for the
Sebastian Stormwater Park. Please acknowledge the City's acceptance of the incorporation of
the Parcel into the definition of Property under the Agreement and the Parcel's incorporation into
the Land Management Plan for the Sebastian Stormwater Park by signing in the space provided
below and returning a copy to the SJRWMD's Real Estate Services Program at
realestateservices()sirwmd.com.
The District is also requesting the Parcel be released from the deed restrictions contained in that
certain Declaration of Covenants, Conditions, Restrictions and Easements of Sebastian
I lighlands Unit 11, dated September 15, 1964, and recorded January 25, 1965, in Official
Records Book 222, Page I, and from the restrictions, conditions, reservations, easements and
other matters contained on the Plat of Sebastian Highlands Unit 11, as recorded in Plat Book 7,
Page 56, of the Public Records of Indian River County, Florida. Please provide a copy of the
recorded Release of Reservations, upon the City's approval.
Thank you in advance for your assistance in this matter. You may contact me directly at 386-
312-2342 or stheus(a).sirwmd.com if you have any questions.
Sincerely.
\
Mi hael A. Register, P.E. -
EXCCUtive Director
GOVERNING BOARD
Rob Bradley, CHAR Malyam H. Ghyabi-White, vlcE cHAR J. Chris Peterson, SECRETMY Ron Howse, TREASURER
REMNGISLVA W"O BEACH MTERP COCOA
Ryan Atwood Doug Bournique Douglas Burnett Cole Oliver Janet Price
MOUNT DORA VERO BEACH ST AJIGUSINE MERRRTISIAND rERNAN MBEACII
Brian Benton, Interim City Manager
City of Sebastian
July 28, 2023
Page 2
Annexing of IRC Parcel Id: 31-38-25-00001-3890-00001.0 (LRS: 2022-009-P1) into Sebastian
Stonmwater Park Cooperative Agreement (LA: 86) and incorporating said Parcel into the
approved Land Management Plan for the Sebastian Stormwater Park
ACKNOWLEDGED AND ACCEPTED BY:
City of Sebastian
By:
Brian B nton, 4Weri&City Manager
Date: NI JAOO )
g�SpNNS R'yF9 St. Johns River
E c Water Management District
Michael A. Register, P.E., Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • 386-329-4500 • www.sjrwmd.com
INTEROFFICE MEMORANDUM
Real Estate Services Request for Signature
Date: July 28, 2023
To: Mike Register, P.E.
Executive Director /,
Through: Mary Ellen Winkler, J.D. AtIv
Assistant Executive Director
From: Sheila Theus, Director
Real Estate Services Program
Subject: Letter Agreement annexing Appelbaum parcel into the Cooperative Agreement
with the City of Sebastian for the management of the Sebastian Stormwater Park
Request:
Approve and execute the attached letter to the City of Sebastian requesting confirmation and
acceptance of the Appelbaum parcel into the Cooperative Agreement for the management of
the Sebastian Stormwater Park.
Background:
In December 2022, the Goveming Board approved the acquisition of the Appelbaum parcel, in
part, to resolve pending litigation in Richard Appelbaum v. St. Johns River Water Management
District (District).
Mr. Appelbaum owned approximately 0.82 acres of property that is adjacent to the Sebastian
Stormwater Park (Park). The Park is located on approximately 145 acres of District property and
is managed by the City of Sebastian (City) pursuant to a Cooperative Agreement (Agreement).
On May 6, 2022, Mr. Appelbaum filed a complaint for inverse condemnation against the District
in Indian River County Circuit Court.
The District and Mr. Appelbaum negotiated a settlement and release of all claims that included
the District's acquisition of the 0.82-acre parcel. The real estate transaction closed on June 14,
2023.
Discussion:
District staff has requested the 0.82-acre parcel be incorporated into the Agreement for the
management of the Park. Paragraph 2 of the Agreement allows parcels located in proximity to
the Park that are acquired by the City or the District to be automatically incorporated into the
definition of "Property" under the Agreement upon the written request for such addition by either
party and confirmed and accepted in writing by the other.
GOVERNING BOARD
Rob Bradley, CMR Maryam H. Ghyabi-While, vrr: cRAR J. Chris Peterson, sECRETANV Ron Howse, TREASURER
ELEMINGISLAND ORMOND BEACH WINTER PARK COCOA
Ryan Atwood Doug Bou*ue Douglas Burnett Cole Oliver Janet Pnce
MOUNTOORA VERO BEACH ST AUGUSTRE MERRrrt ISLAND EERNNIORABEACN
COOPERATIVE AGREEMENT
SEBASTIAN STORMWATER PARK (145.13 acres)
THIS MANAGE ENT AGREEMENT is made and entered into this d-O day of
200 , between the Governing Board of the St. Johns River Water
anagement strict, hereinafter called the DISTRICT and the City of Sebastian, hereinafter
called the CITY.
WITNESSETH
WHEREAS, the DISTRICT holds title to certain lands, formerly known as the Adams I
parcel, which shall be utilized pursuant to this Agreement to construct the stormwater park
(hereinafter called the PARK) in the City of Sebastian and 2 miles west of the Indian River
Lagoon Indian River County, as is more specifically described in Exhibit "A" attached hereto
and by this reference made a part hereof; and
WHEREAS, the CITY and DISTRICT wish to address water quality concerns for the
Indian River Lagoon and Sebastian River; and
WHEREAS, the PARK has the potential to provide multiple opportunities for
stormwater, Florida scrub -jay habitat and resource -based public recreation activities if properly
managed; and
WHEREAS, the CITY possesses the personnel, ability, interest and willingness to assist
the District in management of the PARK; and
WHEREAS, the DISTRICT and the CITY desire to enter into a cooperative
management agreement to set forth the terms and conditions for management of the PARK.
NOW, THEREFORE, the parties hereto, for and in consideration of the premises, which
are hereby made a part of this Agreement, and the mutual covenants, terms and conditions
hereinafter contained, hereby covenant and agree as follows:
1. The initial term of this Agreement is for a period of five (5) years, commencing on
, 20Q3, and ending on , 200 . Thereafter, this
Agreement will be automatically renewed in five- ar increments, unless terminated
as otherwise set forth herein.
2. As parcels located in proximity to the PROPERTY are acquired by the DISTRICT or
the CITY, each individual parcel may be automatically incorporated into the
definition of the PROPERTY herein, subject only to written request for such addition
being made by either party and confirmed and accepted in writing by the other.
3. A Land Management Plan (the "Plan") for the property shall be written by the CITY
and approved by the DISTRICT within one year after the effective date of this
Agreement. The Plan will include a component for the development of resource -
based recreational opportunities and a maintenance control plan for invasive exotic
species. The Plan shall be updated every five years. Amendments to the Plan may
b. Provide signs establishing the boundary of the PARK, and provide routine
surveillance and security for the PARK through coordination with local law
enforcement officers and contracted security services.
c. Provide resource -based recreational opportunities.
d. Develop a Land Management Plan for the PARK, as identified in paragraph 3.
e. Provide maintenance control of exotic and invasive plants and animals.
5. The DISTRICT shall have the following responsibilities:
a. Secure the property.
b. Design and construct the stormwater management system.
c. Develop an instruction maintenance manual for the stormwater portion of the
PARK to provide to the CITY.
d. Maintenance and repair of the stormwater project for up to two (2) years after
construction.
e. Install fencing around the 18.54-acre Florida scrub jay habitat area as shown on
Exhibit "A."
f. Maintain the Florida scrub jay area according to the Florida Fish and Wildlife
Conservation Commission and United States Fish and Wildlife Service
guidelines (Exhibit "B").
6. The CITY may, consistent with the Plan, construct nature trails on the PARK.
7. The CITY and the DISTRICT mutually agree that any use or development of the
PARK shall be subject to the following conditions:
a. The function of the PARK, with respect to water management, will be to serve as
a stormwater park.
b. Any development of the PARK shall be set forth in the Plan and no deviation
from such Plan shall occur without prior written approval of both parties.
c. Historical and archaeological resources shall be preserved.
8. The CITY may enter into agreements with third parties to develop and implement the
Plan or to subcontract day-to-day management responsibilities to environmental,
educational or governmental organizations and agencies consistent with the approved
Plan; provided however that any such third party agreements shall be subject to the
prior written approval of the DISTRICT, and such third parties shall agree to comply
with the terms and conditions of this Agreement. The DISTRICT shall not
unreasonably withhold approval of such third party agreements.
9. The CITY shall pay all lawful debts incurred by it with respect to the PARK and
shall satisfy all liens of contractors, sub -contractors, mechanics, laborers, and
materialmen regarding any construction, alteration and repair ordered by it in and on
the PARK, and any improvements thereon. Furthermore, the CITY shall not have
authority to create any mortgages on PARK or liens for labor or material on or
10. The DISTRICT and the CITY shall not use or permit the PARK to be used in
violation of any valid present or future laws, ordinances, rules or regulations of any
public or governmental authority at any time applicable thereto relating to sanitation
or the public health, safety or welfare, or relating to the management activities in, and
use of, the PARK during development of improvements to the PARK. It is
understood and agreed by the parties that there shall be no facilities except those
directly related to the operation and maintenance of the PARK as a stormwater park
and for passive public recreational and educational purposes as set forth in the Plan.
11. The DISTRICT, the CITY and any other governmental agencies or organizations
involved in management related activities on the PARK shall, throughout the term of
this Agreement, provide, maintain, and keep in force a program of insurance or self-
insurance covering its liabilities as prescribed by Section 768.28, Florida Statutes.
The DISTRICT's liability is further limited by the provisions of Section 373.1395,
Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the
DISTRICT's or CITY's sovereign immunity under Section 768.28, Florida Statutes,
or any other provision of law.
12. This agreement and any and all rights and privileges contained herein are for the sole
use of the DISTRICT and the CITY and shall not be assigned or transferred to
another party without the written consent of both the DISTRICT and the CITY.
13. The DISTRICT reserves the right for itself, its agents, consultants and employees to
enter upon the PARK for the purpose of inspecting the PARK and determining
compliance with the terms of this Agreement, so long as such entry or use does not
unreasonably interfere with the CITY's use of the PARK for the purposes set forth
herein. The DISTRICT, it's agents, consultants or employees shall be responsible for
promptly closing and locking any gates through which they may pass in the exercise
of such right of entry.
14. Either party may terminate this Agreement, with or without cause, at any time upon
ninety (90) days written notice to the other party. In the event of termination all
improvements that are affixed to the realty shall become the property of the
DISTRICT.
15. All notices, consents, approvals, waivers and elections which any party shall be
required or shall desire to make or give under this Agreement shall be in writing
and/or shall be sufficiently made or given only when mailed by Certified Mail,
postage prepaid, return receipt requested, addressed as follows to the parties listed
below or to such other address as any party hereto shall designate by like notice given
to the other parties hereto:
DISTRICT: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
T1 ^ l7l1V 1 A OM
Notices, consents, approvals, waivers and elections given or made as aforesaid shall
be deemed to have been given and received on the date of the mailing thereof as
aforesaid.
16. Wherever used herein, the terms "DISTRICT" and "CITY" include all parties to this
instrument, their employees, and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations, partnerships, public
bodies, and quasi -public bodies.
17. This Agreement constitutes the entire agreement of the parties, and there are no
understandings dealing with the subject matter of this Agreement other than those
contained herein. This Agreement may not be modified, changed or amended, except
in writing signed by the parties hereto or their authorized representatives.
18. This Agreement shall be construed and interpreted according to the laws of the State
of Florida.
19. Nothing contained in this Agreement shall be construed as a waiver of or contract
with respect to the regulatory or permitting authority of the DISTRICT on the CITY
as they now or hereafter exist under applicable laws, rules and regulations.
20. Nothing in this Agreement shall create any rights for the benefit of any persons not a
party to this Agreement.
21. For all purposes of this Agreement, the Effective Date hereof shall mean the date
when the last of the DISTRICT or the CITY has executed the same, and that date
shall be inserted at the top of the first page hereof.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on
the date and year first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
Be. _
Kirby B. Green III
Executive Director
By authority of Section 373.083 (5), Florida
Statutes, and SJRWMD Policy Number
90-16 (Cooperative Agreements).
APPROVED:
��Stanle J. Niego, EP
:)47__
Office of Genera el
cTI?Vmn
ATTEST:
By:
Tide: t
J
APPRO BY:
CITY ATTORNEY
CI Y OF SEBASTIAN
r " 41..........................
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Title: C
"\/ i •1 a �.• �`
Executed on Pec-e-,. b a I-r , 2003
f
xHIBTT «A,>
Exhibit "A"
LEGAL DESCRIPTION ADAMS PROPERTY, INDIAN RIVER COUNTY
DESCRIPTION: A portion of the West one-half of Section 19, Township 31 South,
Range 39 East, City of Sebastian, Indian River County, Florida, being more particularly
described as follows. For a Point of Beginning begin at the Northeast corner of Lot 1,
Block 545, Sebastian Highlands Unit 16, as recorded in Plat Book 8, Page 45H, Public
Records of Indian River County, Florida, thence run S 0 degrees 05 minutes 08 seconds
E, along the East line of the West one-half of said Section 19, a distance of 3787.84, to
the North right of way line of Collier Waterway; thence along Collier Waterway of the
following courses: West a distance of 136.02 feet to the Point of Curvature of a curve
concave to the Northeast; thence along said curve having a radius of 235.69 feet, a central
angle of 90 degrees, an arc distance of 370.22 feet to a Point of Tangency; thence
NORTH a distance of 511.25 feet to the Point of Curvature of a curve concave to the
Southwest, thence along said curve having a radius of 50.0 feet a central angle of 90
degrees , an arc distance of 78.54 feet to a Point of Tangency thence run WEST a
distance of 89.40 feet to the Point of Curvature of a curve concave to the Northeast,
thence along said curve having a radius of 225.0 feet, a central angle of 90 degrees, an arc
distance of 353.43 feet to a Point of Tangency, thence run NORTH a distance of 59.81
feet to the Point of Curvature of a curve concave to the East, thence along said curve
having a radius of 350.0 feet, a central angle of 22 degrees 27 minutes 45 seconds, an arc
distance of 137.22 feet to a Point of Reverse curve concave to the West; thence along
said curve having a radius of 50.0 feet, a central angle of 67 degrees 28 minutes 10
seconds, an arc distance of 58.88 feet to a Point of Tangency; thence run N 45 degrees W
a distance of 214.96 feet,; thence run S 45 degrees W a distance of 82.41 feet to the Point
of Curvature of a curve concave to the Northwest, thence along said curve having a
radius of 362.13 feet, a central angle of 45 degrees, an arc distance of 284.42 feet to a
Point of Tangency; thence run WEST a distance of 1243.72 feet to the Point of Curvature
of a curve concave to the Northeast, thence along said curve having a radius of 225.0
feet, a central angle of 89 degrees 56 minutes 41 seconds, an arc distance of 353.21 feet
to a Point of Tangency; thence run N 0 degrees 03 minutes 24 seconds W a distance of
2240.46 feet to the South line of Lot 1, Block 535 of aforesaid Sebastian Highlands Unit
16, thence departing aforesaid Collier Waterway, run EAST a distance of 182.73 feet to
the West line of Lot 7, Block 534, said Sebastian Highlands Unit 16, thence run SOUTH
a distance of 20.0 feet, thence run EAST, along the South line of Lots 1 through 7, said
Block 534, a distance of 650.0 feet, thence run NORTH a distance of 102.56 feet to the
Point of Curvature of a curve concave to the Southeast, thence along said curve having a
radius of 25.0 feet, a central angle of 89 degrees 59 minutes 36 seconds an arc distance of
39.27 feet to a Point of Compound curve concave to the South, thence run along said
curve having a radius of 1255.64 feet, a central angle of 9 degrees 21 minutes 11
seconds, an arc distance of 204.97 feet to a Point of Compound curve to the Southwest,
thence along said curve having a radius of 25.0 feet, a acentral angle of 80 degrees 39
minutes 14 seconds, an arc distance of 35.19 feet to a Point of Tangency; thence run
SOUTH a distance of 126.39 feet; thence run N 89 degrees 59 minutes 35 seconds E a
distance of 230.01 feet; thence run N 0 degrees 00 minutes 25 seconds W a distance of
125.07 feet to a Point on a curve concave to the North; thence along said curve having a
radius of 1335.64 feet, a central angle of 0 degrees 35 minutes 27 seconds, an arc
distance of 13.77 feet to a Point of Tangency, thence run N 89 degrees 59 minutes 35
seconds E a distance of 66.22 feet; thence run S 0 degrees 00 minutes 25 seconds E a
distance of 250.0 feet; thence run N 89 degrees 59 minutes 35 seconds E a distance of
80.0 feet, thence run NORTH a distance of 125.0 feet; thence run N 89 degrees 59
585; Lots 5 through 22, Block 586; and Lots 2 through 12, Block 587, Losts 2 through
15, Block 588;
ALSO TOGETHER WITH all rights of way adjacent to the lots listed above
Said lands situate, lying and being in the City of Sebastian, Indian River County, Florida
LEGAL DESCRIPTION FLORIDA SCRUB JAY HABITAT AREA
Parcel 1
A parcel of land being a portion of Lot 1 of the plat of "C.C., UNIT ONE, A
SUBDIVISION" as recorded in Plat Book 15, Pages 88 and 88A, Public Records of
Indian River County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said Lot 1 of the plat of "C.C., UNIT ONE, A
SUBDIVISION", thence along the North line of said Lot 1 for the following five (5)
courses and distances; run S.89°5935"W. for 249.21 feet; S.00000100"E. 125.00 feet;
S.89059'35"W. for 929.72; S.00°00'25"E. for 125.00 feet; thence S.89°59'35"W. for
80.00 feet to the POINT OF BEGINNING; thence departing said North line Lot 1, run
S.31049'42"W. for 11.85 feet to a non -tangent curve concave Southeasterly; thence
Southwesterly along the arc of said curve, having a radius of 61.00 feet and a chord
bearing of S.34°22'03 "W., through a central angle of 72"3733 ", for 77.32 feet; thence
S.20022'03"E. for 57.23 feet to a non -tangent curve concave Northwesterly; thence
Southwesterly along the arc of said curve, having a radius of 149.00 feet and a chord
bearing of S.24°25'50"W., through a central angle of 61 °25'00", for 159.72 feet; thence
S.58° 14'02"W. for 3.41 feet; thence N.66° 15'02"W. for 218.38 feet; thence
N.23023'07"W. for 164.03 feet; thence N.18°26'06"E. for 154.41 feet; thence
N.45°00'00"E. for 5.75 feet; thence S.88°52'05"E. for 20.06 feet to a point on aforesaid
North line of Lot 1; thence along said North line for the following five (5) courses and
distances; run N.89059'35"E. for 204.98 feet; N.0000012511W. for 125.07 feet to a non -
tangent curve concave Northerly; Easterly along the arc of said curve, having a radius of
1335.64 feet and a chord bearing of S.89°42'41 "E., through a central angle of 00°35'17",
for 13.77 feet to the point of tangency; N.89059'35"E. for 66.22 feet; S.00°00'25"E. for
250.00 feet more or less to the POINT OF BEGINNING.
Containing 2.655 acres (115630 square feet), more or less.
04-19-2003
Parcel 2
A parcel of and being a portion of Lot 1 of the plat of "C.C., UNIT ONE, A
SUBDIVISION" as recorded in Plat Book 15, Pages 88 and 88A, Public Records of
Indian County, Florida, being more particularly described as follows:
BEGINNING at the Northeast corner of said Lot 1 of the plat of "C.C., UNIT ONE, A
SUBDIVISION"; thence S.00"05'08"E. along the East line of said Lot 1 for 815.10 feet;
thence departing said East line run S.89°5452"W. for 35.57 feet to a non -tangent curve
concave Westerly; thence Northerly along the arc of said curve, having a radius of 171.52
feet and a chord bearing of N.03°4926"W., through a central angle of 06°00'35", for
17.99 feet to the point of compound curvature of a curve concave Westerly; thence
Northerly along the arc of said curve, having a radius of 37.35 feet, through a central
angle of 12053'57 ", for 8.41 feet to the point of compound curvature of a curve concave
Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 5.78
a curve concave Westerly; thence Southerly along the arc of said curve, having a radius
of 124.52 feet, through a central angle of 02°56'07", for 6.38 feet to the point of
compound curvature of a curve concave Northwesterly; thence Southwesterly along the
arc of said curve, having a radius of 13.04 feet, through a central angle of 81 °02' 17", for
18.44 feet to the point of reverse curvature of a curve concave Southeasterly; thence
Southwesterly along the arc of said curve, having a radius of 29.81 feet, through a central
angle of 50°53'32", for 26.48 feet to the point of compound curvature of a curve concave
Easterly; thence Southerly along the arc of said curve, having a radius of 57.22 feet,
through a central angle of 35°36'57", for 35.57 feet to the point of reverse curvature of a
curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a
radius of 41.20 feet, through a central angle of 42° 15' 18", for 30.38 feet to the point of
compound curvature of a curve concave Northwesterly; thence Southwesterly along the
arc of said curve, having a radius of 317.79 feet, through a central angle of 02°5549", for
16.25 feet to the point of compound curvature of a curve concave Northwesterly; thence
Southwesterly along the arc of said curve, having a radius of 110.43 feet, through a
central angle of 04°58'18", for 9.58 feet to the point of compound curvature of a curve
concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius
of 180.26 feet, through a central angle of 06°06'00", for 19.19 feet to the point of
compound curvature of a curve concave Northwesterly; thence Southwesterly along the
arc of said curve, having a radius of 940.02 feet, through a central angle of 02040' 12", for
43.81 feet to the point of compound curvature of a curve concave Northwesterly; thence
Southwesterly along the arc of said curve, having a radius of 176.70 feet, through a
central angle of 09°59'50", for 30.83 feet to the point of compound curvature of a curve
concave Northerly; thence Westerly along the arc of said curve, having a radius of 136.88
feet, through a central angle of 11 °21'47", for 27.15 feet to the point of compound
curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said
curve, having a radius of 15.73 feet, through a central angle of 114*41'35", for 31.50 feet
to a non -tangent curve concave Southerly; thence Westerly along the arc of said curve,
having a radius of 11.25 feet and a chord bearing of N.76047'53"W., through a central
angle of 190032'52", for 37.41 feet to a point on a compound curvature concave Easterly;
thence Southerly along the arc of said curve, having a radius of 441.05 feet and a chord
bearing of S.07°25'56"W., through central angle of 00°59'31 ", for 7.64 feet to a point of
compound Curvature of a curve concave Easterly; thence Southerly along the arc of said
curve, having a radius of 1927.65 feet and a chord bearing of S.06041'56"W., through a
central angle of 00°28'28", for 15.96 feet to the point of compound curvature of a curve
concave Easterly; thence Southerly along the arc of said curve, having a radius of
1249.67 feet, through a central angle of 01 ° 12'53", for 26.49 feet to the point of
compound curvature of a curve concave Easterly; thence Southerly along the arc of said
curve, having a radius of 1336.14 feet, through a central angle of 01°10'29", for 27.40
feet to a non -tangent curve concave Southwesterly; thence Northwesterly along the arc of
said curve, having a radius of 17.36 feet and a chord bearing of N.56°45'48"W., through a
central angle of 37°25'34", for 11.34 feet to the point of compound curvature of a curve
concave Southerly; thence Westerly along the arc of said curve, having a radius of 16.83
feet, through a central angle of 38'01'42", for 11.17 feet to the point of compound
curvature of a curve concave Southeasterly; thence Southwesterly along the arc of said
curve, having a radius of 8.99 feet, through a central angle of 26°46'04", for 4.20 feet to
the point of reverse curvature of a curve concave Northwesterly; thence Southwesterly
along the arc of said curve, having a radius of 7.89 feet, through a central angle of
28036'27", for 3.94 feet to the point of compound curvature of a curve concave
Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 6.06
feet, through a central angle of 161 °37'32", for 17.11 feet to the point of reverse curvature
of a curve concave Westerly; thence Northerly along the arc of said curve, having a
curvature of a curve concave Southeasterly; thence Northeasterly along the arc of said
curve, having a radius of 10.90 feet, through a central angle of 70°02'58", for 13.33 feet
to the point of reverse curvature of a curve concave Northwesterly; thence Northeasterly
along the arc of said curve, having a radius of 52.17 feet, through a central angle of
30025' 14", for 27.70 feet to the point of compound curvature of a curve concave
Northwesterly; thence Northeasterly along the arc of said curve, having a radius of
213.35 feet, through a central angle of 03°05'51 ", for 11.53 feet to the point of compound
curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said
curve, having a radius of 196.78 feet, through a central angle of 03° 13'31 ", for 11.08 feet
to the point of compound curvature of a curve concave Westerly; thence Northerly along
the arc of said curve, having a radius of 21.73 feet, through a central angle of 70°09'50",
for 26.61 feet to the point of reverse curvature of a curve concave Easterly; thence
Northerly along the arc of said curve, having a radius of 17.42 feet, through a central
angle of 79°52'21 ", for 24.28 feet to the point of compound curvature of a curve concave
Southerly; thence Easterly along the arc of said curve, having a radius of 14.77 feet,
through a central angle of 64°22' 19", for 16.59 feet to the point of reverse curvature of a
curve concave Northerly; thence Easterly along the arc of said curve, having a radius of
15.32 feet, through a central angle of 63°03'47", for 16.87 feet to the point of compound
curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said
curve, having a radius of 60.05 feet, through a central angle of 12°57' 11 ", for 13.58 feet
to the point of compound curvature of a curve concave Westerly; thence Northerly along
the arc of said curve, having a radius of 2.04 feet, through a central angle of 75°23' 18",
for 2.69 feet to the point of compound curvature of a curve concave Southerly; thence
Westerly along the arc of said curve, having a radius of 18.39 feet, through a central
angle of 58°21'43", for 18.74 feet to the point of reverse curvature of a curve concave
Northerly; thence Westerly along the arc of said curve, having a radius of 209.14 feet,
through a central angle of 16°37'41 ", for 60.70 feet to the point of compound curvature of
a curve concave Northerly; thence Westerly along the arc of said curve, having a radius
of 984.37 feet, through a central angle of 02° 16'01 ", for 38.94 feet to the point of
compound curvature of a curve concave Northerly; thence Westerly along the arc of said
curve, having a radius of 136.76 feet, through a central angle of 06°05'02", for 14.52 feet
to the point of compound curvature of a curve concave Northeasterly; thence
Northwesterly along the arc of said curve, having a radius of 26.42 feet, through a central
angle of 69°06'52", for 31.87 feet to the point of reverse curvature of a curve concave
Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 97.30
feet, through a central angle of 34°22'59", for 58.39 feet to the point of compound
curvature of a curve concave Southerly; thence Westerly along the arc of said curve,
having a radius of 86.75 feet, through a central angle of 39°07'57", for 59.25 feet to the
point of reverse curvature of a curve concave Northeasterly; thence Northwesterly along
the arc of said curve, having a radius of 30.26 feet, through a central angle of 69°05' 11
for 36.49 feet to the point of compound curvature of a curve concave Easterly; thence
Northerly along the arc of said curve, having a radius of 28.61 feet, through a central
angle of 45°24'56", for 22.68 feet to the point of reverse curvature of a curve concave
Westerly; thence Northerly along the arc of said curve, having a radius of 32.84 feet,
through a central angle of 42° 14'37", for 24.21 feet to the point of compound curvature of
a curve concave Westerly; thence Northerly along the arc of said curve, having a radius
of 127.65 feet, through a central angle of 09°06'57", for 20.31 feet to the point of
compound curvature of a curve concave Southwesterly; thence Northwesterly along the
arc of said curve, having a radius of 71.96 feet, through a central angle of 12°09'06", for
15.26 feet to the point of compound curvature of a curve concave Southwesterly; thence
Northwesterly along the arc of said curve, having a radius of 26.04 feet, through a central
angle of 37°52'29", for 17.21 feet to the point of reverse curvature of a curve concave
.. I . ..-.2:--- -90)0 An
through a central angle of 03°5755", for 33.88 feet to the point of compound curvature of
a curve concave Southerly; thence Westerly along the arc of said curve, having a radius
of 207.40 feet, through a central angle of 05°02'39", for 18.26 feet to the point of reverse
curvature of a curve concave Northerly; thence Westerly along the arc of said curve,
having a radius of 99.85 feet, through a central angle of 07°16'20", for 12.67 feet to the
point of compound curvature of a curve concave Northeasterly; thence Northwesterly
along the arc of said curve, having a radius of 24.93 feet, through a central angle of
86037'59", for 37.69 feet to the point of reverse curvature of a curve concave
Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 75.89
feet, through a central angle of 46° 18'20", for 61.34 feet to the point of compound
curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said
curve, having a radius of 399.13 feet, through a central angle of 07°05'05", for 49.35 feet
to the point of compound curvature of a curve concave Southerly; thence Westerly along
the arc of said curve, having a radius of 93.92 feet, through a central angle of 14°38'08",
for 23.99 feet to the point of compound curvature of a curve concave Southerly; thence
Westerly along the arc of said curve, having a radius of 58.06 feet, through a central
angle of 30°27'40", for 30.87 feet to the point of reverse curvature of a curve concave
Northerly; thence Westerly along the arc of said curve, having a radius of 58.93 feet,
through a central angle of 30° 13'47", for 31.09 feet to the point of compound curvature of
a curve concave Northerly; thence Westerly along the arc of said curve, having a radius
of 57.22 feet, through a central angle of 1305355", for 13.88 feet to the point of
compound curvature of a curve concave Northeasterly; thence Northwesterly along the
arc of said curve, having a radius of 145.37 feet, through a central angle of 08°42'25", for
22.09 feet to the point of compound curvature of a curve concave Northeasterly; thence
Northwesterly along the arc of said curve, having a radius of 51.76 feet, through a central
angle of 43"29'30", for 39.29 feet to the point of compound curvature of a curve concave
Easterly; thence Northerly along the arc of said curve, having a radius of 72.38 feet,
through a central angle of 36°30'53", for 46.13 feet; thence N.07°01'41 "W. for 21.05 feet;
thence N.44°17'25"E. for 37.13 feet; thence N.60°27'55"W. for 21.56 feet; thence
S.66°24'57"W. for 34.98 feet; thence S.8814557"W. for 25.57 feet; thence
N.41 °41'S5"W. for 90.60 feet; thence N.19°3538"W. for 23.66 feet; thence
N.41 ° 11'25 "W. for 25.58 feet; thence N.40°21'36"W. for 40.17 feet; thence
S.84°23'30"W. for 14.47 feet; thence S.25°41'55"E. for 46.30 feet; thence S.02042'59"W.
for 23.02 feet; thence S.63°04'27"W. for 19.09 feet to a non -tangent curve concave
Northerly; thence Westerly along the arc of said curve, having a radius of 64.48 feet and
a chord bearing of N.78°27' 10"W., through a central angle of 21 ° 18'48", for 23.99 feet to
the point of compound curvature of a curve concave Northeasterly; thence Northwesterly
along the arc of said curve, having a radius of 63.48 feet, through a central angle of
21 °29'02", for 23.80 feet to the point of compound curvature of a curve concave
Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 76.89
feet, through a central angle of 07023'01 ", for 9.91 feet to the point of compound
curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said
curve, having a radius of 38.80 feet, through a central angle of 10024105", for 7.04 feet to
the point of compound curvature of a curve concave Southeasterly; thence Northeasterly
along the arc of said curve, having a radius of 11.25 feet, through a central angle of
12403710411, for 24.46 feet to the point of reverse curvature of a curve concave
Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 12.83
feet, through a central angle of 112°00'37", for 25.08 feet to the point of compound
curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said
curve, having a radius of 25.66 feet, through a central angle of 38020'31 ", for 17.17 feet;
thence N.81051'S 1 "W. for 37.14 feet to a point on the North line of aforesaid Lot 1 of the
plat of "C.C., UNIT ONE, A SUBDIVISION"; thence along said North line of Lot 1 for
4076478945 vr_l_ ov v.r
United States DquLmmit of thy; Interlar
• MSH AND WILMM SERVICE
4,• &m% Hodda bcolo%cal Smims o ict
1339 20 Strut
Vem Heath. Alcift 32960
Decembor 9, 2002
361m R. HoU
U.S. Ariny Corps OM&Cara
Attantia P BmWh
2460 Nonh COurtmy ?wXway, Suites 216
Merritt Island, Florida MS3
19.11V1 14U 000L 1 .vL
Application No.: 200105030(NW-ST)
DALed; OUtub aI.t,?3()2
AppUtwit; St. JoW11 River Wuter Mamallement
DjoWet
C~ovayy: Indian River -..r
+
Dear Mr. Hall: •
The Fish and Wildlife Service (Service) bas tevlttved the UtS. Arrmr Corps ofBggi news (amps)
bAft .r dated Oclaher 21, 2002. These comments We provided �dm- the PMvlsio-m (Iscctior. 7 of
ti;.e Endangered Species Aot(ES.A)of X973, ®s mttfa(led 4S7 Stet. tt4;16 U. S. C.1 S3 i er s eq, ),
wid dio provlslous oft3m Fish and WHOM Coordinof-xon Act of 195 3., is aA cmdad (dis Stat. 401;
16 U.S.C, 661 et "0.
PROJECT MOOPTION
Tho applica>tt Proposes to inrct It otormwa w nreoaaot d3►otom 4 CI, V. 1-56-acro site. 'Tbo ;h%
consists of Pine &MwoWN upland hardwood fbm--ts, disWW ti� forest .&I wetlands, one
herbaceous wedmds. The applicant proposes to till 0.3-,acre ofibmrmd vie`t" and excavate
0-05-ate of Canal. Irbe proponed project w ll improve wider q lir in the idtAmoft reeeiviuQ
watem, tho St. SebasWm Wvver, and rehydrete 30 acres of-Attladil til'tered by the constmotion of
C:olllcr Watc rway. The w- oject is located in the Uy of Ccbaatian, W Section t P, T'ewusWp 31
South, RmSe 39 &94 In. River Count;, Fimide,
THREAT AND ENDANCIBRU) SPE.CM
tivailablo digidmd bifbimition pertaining to mmi+dod laccAons or {. ez ' y-listed threatened and
endangered specks Mimes that suitable habrtet fbi the thrcatme d eastmm indigo aWn
(Drymarohon eorais couptrf) and &.6 threatened Yloride wmb-ja,-(*fnhe;vcomac marulsscens)
exists onsdte. in sn Wober 21, 2002, letter, the Corps movided a C'•eta miniftion of "may s ffect,
not Mcelyto adversely after for rtu, Florida scrub -,day. In a Ngveanber 27, 2002, ttst a, the
•. v • -
i at .IVI ♦V..r -- _ - . _ . . .. - _ . - ... s
• . — • - V • v v & • . v v
do m R. NA
Ober 9, 2002
Page 2
Corps indicated that the applicAut vrlil implement the Staridandh-me.don Mimmix for the
,ttern In&gV &air and plAded a dota=ingdopt Of "May dffaat„ t-ut not likely to advsxWV
affect" for the eastern indigo make•
Bwen intliga snake
EasWru ludlgo snakes occur yrar-rOuad in bar- R.ivor County and -Wkb* a variety of habibo
including trvpacal hardwood hmnmook, Vim beach dunelconstal stand, xeric 44W, s, pZ**
multime b mnock, frcahvvatec rr MA hydric pine Batwoode, swat -Op, arul nuqircive. Basteaer
i ldigo Pmoke•l; seek and Lase undcagsound ro t ik and axe often amcidaud wiith gopher tortoise
(Oophdrus,pobphemRr) b=ms. Sevens active gopher tortoise burrows bve beat identMod
0l13Ite sad suitable habitat for *a *"tom indigo mu ko wdeto vndia Bwd t%n the► T"ss mion
and maintcaauce of scrub habitd owe and the applicant's agrmkent to implemat the Standard
Protactfon Meamvsjbr the Belem t►tdt V bWaIx, tbs C:osp$ bas prcMded et damftWon of
-may ei&at, but not likely to edvereely O'ack'' for the assWn indW Omko. 'The ► crviee conom
wM this d�don.
Florlda scmWay
Scrub -jays utilize a variety of scrub babimu in eaWal and south M.orlda as lbxagiog amd nesdag
habitat. Scrab jays prear xeric oak omb, scrubby pine flatwoodi.. nubby coastal strand, $Ed
and pine scrub, but will also utilim pastures, citrus 0rovea, rmSeIauid, pim habtWo, and somo
dlowrbed babitm• b general, scrub~.jays lave vmll d4ned group territaries, av(raging 25 acres
in size (Fit*sWok el al., 19yt). Flaride scmb jay servos were pedfonned a=cmdfng m the
Serv�ico's Scrub���av v� Ouir%lfnes. the sorvEys d4t�ted the prudence of a i�nily of�eEys
utilizing the wrtheast pordon of die yraject site. The soruHe)%r •xxAtory was delineated, and all
osaupW habiW oaaits will be avoided. The opplfaart praposea 7? plea: 17.7 scree of omite
upland habitat, including all occupied habitat, into a nansorvat£on : asonlmL "thc apiimt
submimd a hablut owepment p1mp to rbe Service 04 tits Carps im scam, 24, 20021, On the
prcouved scrub-tay habitat, The applieatrt will medhanic ly cnhatce the fnesmved scruub habitat
and maim& the scrub habitat in parpotufty. Based on, the avoidaam, pmtcnration, and
mmaagamomt of cuss 1% haNtat, ds Corps boa prmick d a detemination of `ymy afeect, but not
likely to $basely affe-ae' for the scr&Jay. the Ssrvioe comwa with this deteitrdnation.
FISH AND WIi. DLIFE RESOURCES
hi SanwW, wetlands are ecologically important on u that pro%ith nesting, zu OnSp and feeding
sites for a variety of m%ptory bird species, Maly species ofr4rfiles end arxpbadmo use
w9lmda during oerxaiu sus of theL• life oych br dnughom OMr emim, UVes. The off tloattt
pmposes to fill 0.30-acre of forted w►etlsnd, and excavate 0.05 of cmW. The prop)sed
projoot will improve; orator quality fin the St. Sebastian River and TlAydra:-'n 30 eotvo of w Alands
4urn4roy4o
•
John R.14411
I wAmber 9, 2002
page 3
.6-( • VV 11V . VV L 1 . V-P
altered by the corstraetion of C E=- Waterway. `Me Set -vice 1w revitmand 411 aYailable
inforawdon rejeW to ,%*Land impaote and the proposed mitiption plan, and hm no * j eathn to
41c proposed Projut.
Thank you for your cooperation and effort 9n prrtwting Flotilla's iueymm, If you. heye mw
quawom, pious oonlm De-borabr piezae at (772) 5 3909, comisi on 293.
Siummly yours,
P
Undo S. Fmcau
AS sistant Field S"V.:is ar
Slug.FloddaP..eplog)c*l Samicet.Office
FWCO vow BOW1 4 FSo"ids
SJRVUD, Orlando, Florida
EPA" A.tIAM, (hf)ZVa
ritzpatdck J.W., 4.13. A"OulfsrAvu and M.T. Kopony. 1991.1 cufoXv and ZPMVIogiment-It,rla red
Ha$t at Reguhlowntsfor ft P7orlda Scrub Jay (.4pheloc-or a coandenvam
eosrufacens). Florida Cbme and Frwb Wildnfe
Program T mhni cal Relunt 'No. R. Tofflxhfswae, T.I ..
1
1
1
1
1
Scrub Jay Survey Results and Habitat Management Plan
Adams Parcel
September 2002
The St. Johns River Water Management District (District) has purchased a 166-acre
parcel (Adams Parcel) located within the City of Sebastian (See Exhibit 1) adjacent to the
Collier Creek/Elkham Waterway canal system, which is the major canal system serving
the City of Sebastian. The District has proposed to construct a stormwater retrofit project
on the property within a passive recreational park setting (See Exhibit 2 -- Site Plan). The
Stormwater Park is designed to provide multiple benefits to the community. The main
benefit being the reduction of pollutants and freshwater discharged to the Sebastian River
and the Indian River Lagoon. Additional benefits to the community include passive
recreational facilities such as nature trails and picnic areas, and educational displays
designed to enhance public knowledge of the problems associated with stormwater
runoff, types of stormwater treatment systems, and the importance of wetland and upland
systems.
The project site is one of the remaining undeveloped tracts of land located in the vicinity.
As such the site is vacant and is covered with vegetation comprising four general land use
types: Pine Flatwoods (411 ), Upland Hardwood Forests (420); Disturbed Lands (740);
and Wetlands (See Exhibit 3). Of these four land use types, the pine flatwoods and
wetlands in the northeast section of the property exhibit the least amount of disturbance
as a result of past land use practices on the property.
During the site investigations to determine jurisdictional wetland boundaries, District
staff noted the presence of at least two listed species, gopher tortoises (Gopherus
Polyphemus) and Florida scrub jays (Aphelocoma coerulescens coerulescens). PBS&J
was contracted to perform gopher tortoise and scrub jay surveys to determine the
population size of each species as well as to determine the permitting implications if
either species were to be impacted by the development of the Stormwater Park. Surveys
for gopher tortoises were performed in November and December2001; scrub jay surveys
were conducted in November 2001. Both species were found within the boundary of the
project site. Gopher tortoises were found scattered in almost all upland areas of the site
while the scrub jays were found only in the northeast comer of the property.
The site design submitted initially to the Florida Department of Environmental Protection
and the US Army Corps of Engineers utilized the northeast corner for a wet detention
pond. Following the listed species surveys the site design was revised so that the
northeast corner would not be impacted by construction. The pond was eliminated and
the northeast comer will be preserved, managed and utilized as a scrub jay preservation
area and a gopher tortoise recipient site. Due to the designation as a preservation area, a
conservation easement will be recorded over this area. The management plan (Plan) for
the area includes vegetation reduction practices as well as a monitoring and maintenance
r Based on the "Florida Land Use, Cover and Forms Classification System", Department of Transportation,
September 1985.
program to ensure that the area remains suitable for scrub jays as well as gopher tortoises.
A copy of the Plan is provided as Attachment A.
Recent, informal consultations with Deborah Pierce of the U.S. Fish and Wildlife
Service resulted in the initiation of another scrub jay survey. PBS&J biologists
resurveyed the Adams Parcel and adjacent properties for the occurrence of Florida scrub
jays for five (5) consecutive days during the week of September 9, 2002. The following
narrative details the methodology utilized as well as the results of the September survey
event.
Parallel transects through all upland portions of the site were established on aerials prior
to the field survey. Playback stations were positioned approximately 150 meters apart
along the parallel transect lines (see Exhibit 4). Each station was visited and a scrub jay
vocalization tape was played for approximately four (4) minutes, one (1) minute in each
cardinal direction.
An aerial map with habitat types delineated was produced following the 2001 scrub jay
' survey and verified during the 2002 survey. One -acre plots were assessed and designated
as Habitat Type I, II, or III (see Exhibit 5). The methodology utilized in typing the
habitat is described in Ecology and Development -related Habitat Requirements of the
Florida Scrub Jay (Aphelocoma coerulescros coerulescens), Nongame Wildlife Program
Technical Report No. 8, (1991). Per the referenced document, Type I Habitat is defined
as "Any upland plant community in which percent cover of the substrate by scrub oak
species is 15% or more". Type II Habitat is "Any plant community, not meeting the
definition of Type I habitat, in which one or more scrub oak species are represented".
Type III Habitat is listed as "Any upland or seasonally dry wetland within %4 mile of any
area designated as Type I or Type II habitat".
During the 2002 survey, several scrub jays were observed both on the Adams Parcel and
in the adjacent neighborhood to the east (See Exhibit 6). Within the boundaries of the
property, a total of ten (10) scrub jay sightings were documented. All of the sightings
occurred in the northeast comer of the Parcel and at no time were any jays observed south
of the wetland slough. It is assumed that a family of at least three (3) jays utilizes this
northeast section of the property, however their territory appears to extend off -site into
the residential area to the east. No territorial displays were exhibited by any of the jays at
any station during the survey.
Since the scrub jays were observed utilizing the adjacent residential area, additional
surveys were conducted outside of the property boundaries. A total of thirteen (13) scrub
jay sightings were documented. It is assumed that the jays seen in the residential area is
the same family of jays that utilize the Adams parcel given that no territorial displays
were seen at any time at any of the stations. There are several undeveloped lots in which
the native vegetation remains. Although structurally the areas are not ideal scrub jay
habitat, the xeric oak scrub vegetative components are still present. It is assumed that the
scrub jays are still utilizing the remnant areas for foraging and possibly nesting.
In addition to the consecutive five-day survey conducted in September, four playback
stations were visited on October 2, 2002. Two scrub jays responded to the tape at Station
23B.
Territory delineation was attempted and is shown on Exhibit 7. The boundary of the
territory was estimated after analysis of the survey data. The line was drawn halfway
between an active playback station (one in which scrub jays responded) and an adjacent
inactive tone in which no jays responded) station. This methodology was utilized due to
the absence of visual and auditory observations of territorial displays.
The following table documents the dates and times as well as the weather conditions
during which the scrub jay surveys were conducted. See Exhibit 8 for Scrub Jay Data
Sheets.
Date
Times
9-9-02
7:35 am —10:30 am
9-10-02
6:40 am— 9:00 am
9-11-02
7:40 am —11:00 am
9-12-02 7:00 am — 9:45 am
9-13-02 7:30 am —11:00 am
10-2-02 4:00 pm — 5:10 pm
Weather Conditions
Clear, cool, 85°
Clear, 90°
Clear then cloudy toward
end of survey period, 85°
Clear, very light breeze, 90°
Clear, 85 °
Clear, 850
Management PIan
The habitat management plan for the preserved area in the northeast comer of the Adams
Parcel includes mechanical vegetation management, nuisance and exotic species control,
and yearly scrub jay monitoring events. A conservation easement will be recorded over
the 17.7-acre area (see Exhibit 9). All management activities within the preservation
area will be conducted outside of the Florida scrub jay nesting season (March through
June).
The area is predominantly scrubby flatwoods with a sparse canopy of slash and longleaf
pine. Scattered groupings of xeric oaks can be found throughout the area and range in
height from 4 feet to greater than 20 feet. Saw palmetto is the dominant shrub species
with minor components consisting of tarflower, shiny lyonia, shiny blueberry, gallberry,
and rusty lyonia. Wiregrass is abundant in the herbaceous layer. A recent fire event
(May 2002) has reduced the groundcover and shrub layer to a more appropriate density
for scrub j ay utilization.
Initial Site Preparation:
Although a majority of the area contains the appropriate vegetation and structure for the
scrubby flatwoods community type, a few areas will need to be improved. A portion of
the area, approximately 100 feet west of the north -south field road was not impacted by
the fire and contains dense stands of saw palmetto. The area east of the north -south road
contains a significant amount of Brazilian pepper and is overgrown with additional
undesirable species such as grapevine and blackberry. These areas will be mechanically
cleared to reduce the density of the saw palmetto and eradicate the nuisance and exotic
species.
During the site investigations it was noted that there are several places within the
preservation area that have been utilized as illegal dumping sites for household and
industrial waste (e.g. tires, 55-gallon drums, concrete). These piles of debris will be
removed from the site and disposed of properly.
The Department of Forestry, during the fire suppression efforts in May 2002, established
fire lines within the proposed preservation area. This resulted in an accumulation of
vegetative debris adjacent to the fire lines. There are also spoil piles located to the west
of the north -south field road assumed to be excess material from the development of the
road. These piles will be removed or leveled to achieve uniform topography throughout
the area.
Maintenance and Monitoring:
Vegetation monitoring will be conducted twice each year for the first two (2) years and
annually thereafter for the following three (3) years. Each vegetation monitoring event
will provide a qualitative assessment of the vegetation. The monitoring events will
collect data on species' presence, average height, and average density. Nuisance and/or
exotic species problem areas will be identified and targeted for removal by mechanical,
manual or chemical means. The control method selected to eradicate any nuisance or
exotic species will be structured so that desirable vegetation will not be damaged.
Herbicide treatments will be used sparingly and only when mechanical or manual means
cannot be employed. However, if it is deemed necessary a licensed herbicide applicator
will appropriately apply specific herbicides to effectively control targeted vegetation.
Times, dates, and methods of any nuisance and exotic species control event will be
recorded on data sheets (see Exhibit 9).
Due to the proximity of the preservation area to a large residential area, prescribed fire is
not a feasible option to employ for the management of the site. Mechanical removal
methods are proposed to keep the native desirable vegetation at the appropriate density
and height. Roller chopping or other mechanical means will be utilized when necessary
to reduce the amount of vegetation and maintain open sandy areas adjacent to oak stands
to provide more favorable foraging areas for the scrub jays. It is anticipated that
vegetation reduction methods will be performed at regular intervals (every 2 to 3 years).
The methods will be initiated based on recommendations made following the vegetation
monitoring events.
Annual scrub jay surveys will be conducted within the preservation area in
September/October, March, or July. The surveys will conform to the recommended
survey methodologies outlined in the FWS document Scrub jay Survey Guidelines
(04/03/2002).
Scrub jay surveys, vegetation monitoring, and nuisance species control will continue for
five (5) years. The results of the surveys and the vegetation monitoring as well as a
summary of the nuisance species and native vegetation management activities conducted
will be included in a yearly report that will be submitted to the FWS. Maintenance in the
form of mechanical vegetation reduction will continue in perpetuity.
The District's Division of Land Management will conduct and oversee the site
preparation and maintenance activities within the preservation area.
GROWTH AND RESOURCE MANAGEMENT DEPARTMENT
Land Acquisition and Management Division
123 West Indiana Avenue • Room 201 • DeLand, Florida 32720-4606
(386) 740-6261 • (386) 248-8161 • (386) 424-6834 • Fax (366) '^0-F')77
www.volusia.org ST. JOHNS RIVER WATER
MANAQEMENT DISTRICT
June 24, 2005
JJJ•a Z 1 200c,
Mr. Joseph A. Freidell PALATKA, FLORIDA
P. O. Box 94 MAIL CENTER
Oak Hill, FL 32759
Re: Non -Exclusive Perpetual Access Easement
Dear Mr. Freidell:
l have enclosed the access easement granted to you by the District and Volusia County
dated May 9, 2005 and recorded May 20, 2005 in Official Records Book 5556, Page
4451, Public Records of Volusia County, Florida for your records.
s
Sincerely,
Vicky Wise
Real Estate Specialist
Enc.
C: Sharon Carlin, St. Johns River Water Management District
A a
-- • =asernent, Grantee
SEBASTIAN
STORM WATER PARK
LAND MANAGEMENT PLAN
Prepared for:
St. Johns River Water Management District
By:
City of Sebastian
St. Johns River Water Management District Board Approved March 2009
Final SJRWMD Approved March 2009
INTRODUCTION... NN.... N....... NN.... N NN N.... N... N N...N.... ................................ N N........... . 4
1.0 CONSERVATION OVERVIEW....................................................................... 6
1.1 REGIONALSIGNIFICANCE........................................................................................... 6
1.2 ACQUISITION.............................................................................................................. 6
1.3 ZONING ...................................................................................................................... 9
1.4 CnnPERATrvE AGREEMENT..........................•.............••............................................. 9
1.5 LEASES, EASEMENTS, AND CONCESSIONS............................................................ 9
2.0 NATURAL RESOURCES ... N........ N..... N............... N................. .......................... 9
2.1 AREA OF PROPOSED MANAGEMENT........................................................................... 9
2.2 ECOLOGICAL FUNCTIONS.........................................................................................
10
2.3 NATURAL COMMUNITY HABITAT ASSESSMENT......................................................0
11
3.0 CONSERVATION MANAGEMENT ... M...... N................................ ...... ................
13
3.1 INVASIVE & EXOTIC SPECIES...................................................................................
13
3.2 WATER RESOURCES
14
........................ ................... ............... ................. .....................•
3.3 FEDERAL AND STATE PROTECTED SPECIES..............................................................
14
4.0 RECREATIONAL USES ..... N...... M.......................... N....N.N.....................................
15
4.1 ACCEsSIBILI TY.........................................................................................................
15
4.2 RECREATIONAL ACTIVITIES.....................................................................................
15
5.0 CONTROL & MANAGEMENT ....NNN......... ........ .N..... ........... ........... .............
1
5.1 SECURITY.................................................................................................................
17
5.2 RULES & REGULATIONS...........................................................................................
17
6.0 IMPLEMENTATION CHART ........... N..... NN............. N.... N.................... ................
19
APPENDIX A LISTED ANIMALS.............................................................................. 20
APPENDIX B FNAI PLANTS, ANIMALS & COMMUNITIES LIST .................... 21
APPENDIX C ECOLOGICAL COMMUNITY OCCURRENCE BY SOIL SERIES
•N.•N..•N•NN...NN..N1.....•NN................•..N.....N.....•N........................................N....NN.............. 26
NATURAL RESOURCES CONSERVATION SERVICE ......................................... 26
Final SJRWMD Approved March 2009
Figure1. Location Map...................................................................................................... S
Figure2. Hydrology/Topography Map............................................................................... 8
Figure3. Recreation Map.................................................................................................16
Figure4. Soils Map........................................................................................................... 27
Final SJRWMD Approved March 2009
INTRODUCTION
This document provides guidelines for land management activities to be implemented at
the Sebastian Storm Water Park in 5-year increments.
The area of proposed management encompasses 175 +/- acre site located within the city
limits of Sebastian, Florida and 2 miles west of the Indian River Lagoon in Section 19,
Township 31 South, and Range 39 East, Indian River County Florida. (Figurel)
The storm water park boundaries are predominately urban residential.
Directly north of the park is mixed urban residential and Sebastian Harbor Preserve
Conservation Lands. Adjacent to the storm water park, on the east, is mixed urban
residential and the Sebastian Scrub Conservation Area. Bordering the property on the
south and west of the park is the Collier Canal Waterway.
This physiographic area is the Eastern Flatwoods District, Sebastian -St. Lucie Flats with
an elevation of less than 20 feet. The hydrologic sub basin is the Sebastian River
Drainage District within the St. Johns River Water Management District and Indian River
Lagoon Basin. Ecological communities of this site are comprised of surface water
bodies, uplands, and herbaceous wetlands. The natural ecological process of the storm
water park, which in the past was disturbed, may be restored for their intended condition.
Maintaining and enhancing the structures, function, and ecological processes of the storm
water park will be required for the long-term perpetuation of these original communities.
Final SJRWMD Approved March 2009
1.0 CONSERVATION OVERVIEW
1.1 Regional Significance
This region contains significant ecological diversity for flora and fauna. The facility will
function in such a manner as to be compatible with overall stormwater systems both
upstream and downstream to promote a pollution treatment approach to providing storm
water treatment for an approximate 1400-acre watershed, offering a reduction of
pollutants from storm water discharges into the St. Sebastian River, which discharges into
the Indian River Lagoon.
A series of trails and placement of benches and picnic tables in certain areas of the park
for public enjoyment will be created and maintained by the City of Sebastian Parks &
Recreation Department. The City of Sebastian Parks & Recreation Department maintains
the park system and may employ contract labor as needed. Volunteer support to help
provide interpretive and educational activities, with resource management assistance will
be encouraged and coordinated by the Parks & Recreation Department.
An educational display has been designed and installed, located at the trail entrance on
Englar Drive and is intended to enhance public knowledge of the problems and
subsequent treatment associated with storm water runoff at the storm water park, as well
as the importance of wetland and upland systems and their intended condition.
There are no known archeological or historical areas at the storm water park.
The purpose of the management plan is for the development of resource based passive
recreational opportunities, storm water treatment by detention, restoration, and recharge
by increasing the hydro -period in the stormwater ponds, and restored wetlands, and
natural ecosystem protection.
1.2 Acouisition
The property was acquired to protect and enhance the water resource quality and
quantity, provide flood protection, and to protect ecological functions and habitat by the
development of a storm water park.
The site was originally purchased by Atlantic Gulf Communities to be developed as
residential. Two tracts were later sold to Adams & Associates Developers. Adams &
Associates Developers re -platted the site to C.C. Unit 1, a subdivision. St. Johns River
Water Management District purchased the two tracts from Adams & Associates
Developers as Lot 1, containing 144.49 +/- acres in May of 2000 and Lot 2 containing
30.60 +/- acres, in December of 2000. In March of 2006, the St. Johns River Water
Management District exchanged 1 acre of the Adams Lot 1 parcel for a residential lot
owned by the Sugarick family for District access into the stormwater park.
Final SJRWMD Approved March 2009
The property originally contained a natural mix of ecological community types.
Historical aerial photographs demonstrate these transitions. North, south, and west of the
site contained natural herbaceous, and depressional wetlands, as shown on the
hydrologichopographic map (Figure 2). The construction of the Collier Waterway
assisted in the drainage of large areas of the wetlands along the western and southern
boundaries. The site contains Pine Flatwoods, Upland Temperate Hammocks, Upland
Scrub and Pine Hardwoods, Cabbage Palm Hammock Mixed Shrub Wetland, Hydric
Hammock, and Grass/Sedge Marsh.
Final SJRWMD Approved March 2009
1.3 Zoning
The zoning of the storm water park is RS-10 and represents single-family low -density
residential development on lots of 10,000 square feet. This current zoning allows for
Parks and Recreation, a compatible use. Parks and recreation promotes environmental
education and management as an integral part of park and recreation policies.
Cooperative assistance between resource agencies and local educational advisors will
provide park and recreation resources as an instrument for environmental teaching and
habitat enhancement projects.
The future land use will be revised by December 31, 2009 and designated as Institutional.
The City's comprehensive plan identifies Institutional land use for acquisition of land to
promote recreation, conservation, natural resource protection, and related benefits of
public lands.
1.4 Cooperative Agreement
A cooperative agreement was entered into between St Johns River Water Management
District and the City of Sebastian, on January 20, 2004, expires January 19, 2009, and
auto renews in five-year increments. The purpose of this agreement is to protect and
preserve regional wildlife habitat, maintain storm water treatment of the park and Collier
Canal in order to address water quality concerns of the St. Sebastian River, a designated
impaired water body, which flows into the ultimate receiving waters of the Indian River
Lagoon.
1.5 Leases. Easements. and Concessions
An existing easement 150 feet by 711.33 and 75 feet by 980 feet containing 4.13 acres
more or less, belonging to Florida Power and Light runs along the Eastern boundary of
the storm water park. An access easement was granted to the Appelbaum family owning
the out parcel of 166.3 feet by 144.5 feet containing .70 acre more or less, located in the
southeastern boundary.
There are no leases, or concessions planned at the storm water park. Concessions may be
considered in the future to assist in management costs.
2.ONATURAL RESOURCES
2.1 Area of Provosed Management
Prior to the development of the storm water park, this 175-acre area contained many
ecological communities. Urbanization, invasive exotic species, and fire suppression are
the immediate human -made agents of change to this ecosystem. The ecosystem
restoration for the watershed area (including the surrounding the area of the storm water
Final SJRWMD Approved March 2009
park) is easily monitored by physical characterization, water quality, water quantity and
any impacts to upland or aquatic habitats.
Ensuring compatibility of adjacent land uses, removal of invasive exotic species
mechanically, chemically or by hand, working in conjunction with the U S Fish and
Wildlife Service, and the Division of Forestry to protect these natural communities will
assist in the ecosystem restoration efforts.
2.2 Ecological Functions
This site is in a predominantly urban landscape. In an urban landscape, the natural,
physical, chemical, and biological processes are disrupted allowing leaves, litter, animal
waste, oil greases, heavy metals, fertilizers and pesticides to be transported in storm water
runoff and deposited in canals, stream channels, lakes and rivers.
Originally planned for residential development, other impacts to this site occurred and
disrupted natural processes of this unique ecological area of the City. Acquisition of the
site and the newly constructed storm water park has provided future benefits of water
quality and quantity.
The series of storm water detention basins, structural and non-structural BMP's (Best
Management Practices) will provide a treatment of the storm water prior to its entry into
the wetland areas, which are natural storm water basins of the landscape.
Wetlands are recognized for providing many vital benefits in our watershed such as
ground water recharge, improved water quality, flood control, recreational opportunities,
wildlife habitat, and aesthetics. Many species of reptiles and amphibians use wetlands
during certain stages of their life cycle or throughout their entire lives.
Continued maintenance for the proper functioning of the stormwater structures, erosion
issues, pond maintenance, including the pumps, electronic equipment, software, and
onsite conveyance structures will be conducted as needed by the City of Sebastian's
Public Works Division. The stormwater system consists of four stormwater treatment
facilities, a pump station, and numerous water control structures. Operation of the
stormwater facilities including the pump station and the adjustable water control
structures is the responsibility of the City of Sebastian's Public Works Division. The
stormwater system must be operated in accordance with the original park design. A
manual containing the design plans for the stormwater park and information regarding
operation of the pump station and the water control structures will be provided to the City
by the District. The manual will include control elevations for the pump station and all
adjustable water control structures.
The City of Sebastian's Parks and Recreation Department will continue maintenance of
open areas by mowing and provide maintenance as needed to eradicate any invasive
exotic plant species at the park.
10
Final SJRWMD Approved March 2009
This designed storm water treatment train will provide a cleaner final outfall to the
Collier Canal Waterway, which discharges into the St. Sebastian River, a designated
surface water improvement and management (SWIM) priority water body designated by
the State of Florida.
2.3 Natural Communitv Habitat Assessment
Any mitigation in the natural communities that exist on District owned land must be
approved in writing by the District and must be held to full cost accounting.
Upland Scrub and Pine Hardwoods
There are 18.54 +/- acres of scrub habitat, containing well drained or moderately well
drained soil types. This scrub category represents a conglomeration of species found in
the upland area. Melaleuca is considered an exotic and aggressively invasive species that
along with Brazilian Pepper or any other invasive exotic species will overtake an area. It
is an indicator of prior disturbance. Removal of this species and restoration of the habitat
as its intended condition can support the Florida Scrub Jay.
The Florida Scrub Jay (Aphelocoma coerulescens) and the Gopher Tortoise (Gopherus
polyphemus) presently occupy this area. Also, this scrub vegetation community occurs
within a matrix of poor to moderately well drained flat woods with isolated wetlands and
produces a well-defined community to support the Florida Scrub Jay, and other
endangered, threatened, or species of special concern.
This community relies on foes that should be completed by mosaic type prescribed burns,
with no more than 20% of the community burned at one time. Conducting mosaic
prescribed burns in the fire dependant natural communities in this area may not be a
feasible option due to the proximity of the large adjacent residential area. Necessary
roller chopping as a management alternative will provide for restoration and maintenance
of this habitat for its intended condition. Existing ecological communities of the same
We are located adjacent to the park offering a higher probability of dispersal of species.
The City of Sebastian and Indian River County, by joint agreement, have an existing
Habitat Conservation Plan (HCP) that was adopted in March of 2000.
A 2002 HCP developed for the Adams parcel by St. Johns Water Management District,
provides for the preservation and management of existing conservation habitat at the
storm water park. That 2002 HCP management plan outlines scrub jay surveys,
vegetation monitoring and nuisance species control for a five-year period expiring in
2008.
Working with U S Fish and Wildlife Service, the management of the 18.54 acre of scrub
habitat may be included into the City of Sebastian Area Wide Scrub Jay Habitat
Management Plan (HCP) to increase the amount of conservation scrub habitat in the City,
as additional scrub jay compensation areas, by providing annual wildlife surveys,
vegetation monitoring using forestry best management practices, and nuisance species
control to create optimal scrub jay habitat conditions and dispersal area.
11
Final SJRWMD Approved March 2009
Wetlands
The wetland areas of the site represent a combination of wetlands and surface water
ponds, of which .30 acre of forested wetland was filled. A combination of re -hydrated
freshwater forested/shrub wetland and freshwater emergent wetlands like the Cabbage
Palm Hammock Mixed Shrub Wetland, HydHc Hammock and Grass/Sedge Marsh are
the community types of wetlands associated with the storm water park to comprise
approximately 30 acres of wetland habitat that provides nesting, resting, and feeding sites
for a variety of migratory birds, as well as many species of reptiles and amphibians that
use wetlands during certain stages of their life cycle or throughout their entire lives.
The Southeastern American Kestrel (Falco sparverlus paulus) has been noted to occupy
the Southern Mixed Shrub Wetland. The transition area adjacent to this wetland supports
a family of three Red Shoulder Hawks. A family of River Otters (Lutra canadensis) and
several migratory bird species were also noted utilizing the wetland and surfaces waters
of the storm water park.
Prescribed burns may decrease the amount of encroaching shrubby vegetation, but care
must be given to the wetland muck areas or organic soils, as fire can destroy the muck
layer, prevent regeneration of natural existing species, and cause a succession into woody
plant species.
Forested Uplands
Pine Flatwoods are common in this region of Florida. The Flatwoods under -story species
is normally dominated by saw palmetto, and interspersed with wax myrtle, and gall berry.
A wide variety of herbs and brush make up the ground cover. A variety of species utilize
this habitat.
Thinning conducted prior to acquisition, wildfire, and previous storm damage has
reduced the stocking of pines. The community became similar to Palmetto Prairie as a
result. In some areas, adequate mature trees survived to serve as a seed source. It
appears that regeneration is occurring naturally, however Florida Statute requires public
agencies to evaluate lands they manage for timber production. No timber harvests are
planned at the storm water park. Thinning of canopy species may become necessary to
maintain health of natural communities.
Mosaic prescribed burns are needed within the 1-2 year time frame to reduce the
herbaceous ground cover in some areas. Within year 1, roller -chopping the saw palmetto
should occur then allow for drying time. City staff will evaluate and monitor the progress
of regeneration for forest stand improvement.
Live Oak community is often referred to as Upland Temperate Hammock this forest
community is one in which live oak is either pure or predominant. The principal
associates of this cover type include sweet gum, magnolia, holly and laurel oak. This
community is found along the upper banks of the adjacent surface water bodies, which
12
Final SJRWMD Approved March 2009
support species of all types. The Gopher Tortoise (Gopherus polyphernus) was identified
as an occupant of this community.
Working in conjunction with the Division of Forestry to establish a prescribed burn plan
will benefit these communities with minimal impact to the stormwater park and adjacent
residential properties. Normally the Division of Forestry will conduct the mosaic burns
during the early fall season, paying special attention to the wind direction and uplift
patterns to decrease smoke issues.
Upland wildlife habitat and management treatments will be conducted to maintain and
conserve these natural areas. Management of areas where adjacent ecological
communities come together, called transition zones, will be maintained as fire breaks,
access points and/or food plots. Most of these zones currently exist. With proper
management regimes, the natural areas will be preserved and serve to protect existing
natural resources, archaeological or historical sites if any are found, wildlife habitat,
recreational and aesthetic values.
3.0 CONSERVATION MANAGEMENT
3.1 Invasive & Exotic Snecies
Due to the nature of disturbances to create the storm water park, native and non-native
invasive species may invade these areas. Maintenance control is necessary to prevent
proliferation of invasive exotic and nuisance plant species, listed by the State of Florida.
This can be conducted using herbicidal or mechanical applications. The species most
problematic to the storm water park are Brazilian Pepper, Melaluca, Willow, and Cogon
Grass. More information is found below:
The Brazilian Pepper (Schinus terebinth folius) can be effectively removed by utilizing
the basal bark application method. After cutting as close to the ground as possible, the
herbicide should be applied as carefully as possible to the thin layer of living tissue,
called the cambium which is just inside the bark where it translocates into roots and
stems for complete control. The removal of Brazilian Pepper should be conducted
annually between May -October to prevent regeneration of seedlings.
Cogon Grass (Imperata cylindrica) exists due to the disturbance from construction of the
storm water park. It is invasive and may result in mortality to the future of over story
trees in the Pine Flatwoods community due to the flammable oils in the blades of this
grass type, causing intensive heat during prescribed burns and reduction of regenerating
pines. Herbicidal applications completed after mowing and prior to seed production by
cogon grass will reduce the emergence and control maintenance costs.
Foliar spraying may be used for extensive weed control areas but not recommended for
use adjacent to other plant species that are non-invasive, wetland or surface water body.
13
Final SJRWMD Approved March 2009
Mechanical methods such as mowing or cutting with heavy equipment can be conducted
in larger areas.
The introduction of plants or animals to the storm water park is prohibited unless done
pursuant to a land management activity, or permitted by the Florida Fish and Wildlife
Conservation Commission per Florida Administrative Code Chapter 68-5.
Monitoring, treatment and control of exotic species is problematic and requires long-term
commitment, but vital to maintaining the ecological integrity of natural communities.
3.2 Water Resources
The storm water park is located in a dominant urbanized landscape, which may have
potential impacts on the water resources at the park. City staff, to identify any potential
impacts to the aquatic community, will conduct storm event water sampling of certain
parameters, such as temperature, dissolved oxygen, and turbidity. The surrounding urban
stormwater runoff control and the treatment design of the storm water park will continue.
A new monitoring well has been constructed at the storm water park. It is located on the
Northwestern portion of the site. It will assist the St Johns River Water Management
District staff in the effects of status monitoring, basin assessments, and regulatory
permitting.
The following operational maintenance activities will be performed by the City on all
storm water systems:
➢ Removal of trash and debris.
➢ Inspection of inlets and outlets.
➢ Removal of sediments or nuisance vegetation when the storage volume or
conveyance capacity of the stormwater management system is below
design levels, which allows easier access.
➢ Stabilization and restoration of eroded areas.
➢ Within 24 hours of a storm event, conduct inspections and make necessary
repairs.
➢ The City will inspect, repair, replace and manage the pump system or
enter into an annual service contract.
These maintenance activities will assist in protection of the water quality and quantity for
the basin area.
3.3 Federal and State Protected Species
The storm water park has ecological communities that support endangered, threatened,
and species of special concern. The species list is located in Appendix A
14
Final SJRWMD Approved March 2009
4.0 RECREATIONAL USES
4.1 Accessibility
The storm water park shall be open to the public for access on foot at all points as shown
on the recreational map (Figure 3) except where restricted as needed, by signage.
The storm water park shall be closed to the public during emergency conditions such as
floods, severe weather events, wildfires, or during prescribed burns, construction or other
land management activities that may represent a danger to the public.
4.2 Recreational Activities
➢ Parking is currently provided at the Englar Drive entrance on the outside
of the gate. An opening is provided for entrance to enjoy passive type
recreational activities.
➢ Dogs, cats and other domestic animals of a similar nature, excluding
horses or other livestock, are allowed in the stormwater park provided that
such animals must be leashed and in owners control, at all times.
➢ Hiking is allowed at the storm water park except in areas that may be
restricted by signs. For the purposes of this subsection, hiking shall
include jogging, bird watching, or any other activity where travel is by
foot only.
➢ Bicycling is allowed at the storm water park but only on designated trails
or areas.
➢ Concessions could be located at the storm water park to serve the interest
of the public by special use authorization from the City. The City may
enter into a negotiated agreement to establish and operate a temporary
concession at the storm water park if it is necessary to fulfill a need in the
interest of the public and will assist the City in providing for public uses of
the park in an environmentally acceptable manner, if it will be
economically feasible. This would give the City opportunities to generate
revenue to offset management expenses.
15
Final SJRWMD Approved March 2009
5.0 CONTROL & MANAGEMENT
5.1 Securitv
The primary objective for managing the plant and animal populations in the storm water
park is to promote ecological and recreational opportunities and to prevent prohibited
activities in the park.
Security for the park will be provided by the City of Sebastian Police Department by
patrolling the property to discourage illegal activities and checking that the fences, gates,
and boundary markings are in tact. The access gates will be locked at all times, except
where the City or Law Enforcement needs to gain access.
5.2 Rules & Reaulations
➢ Feral (wild) dogs and cats are prohibited in the stormwater park.
➢ Use of motorized vehicles, recreation vehicles, motorized and
nonmotorized boats and aircraft is prohibited except for local and state law
enforcement vehicles, District vehicles, and City approved maintenance
access as needed. Boating is prohibited due to the contaminated nature of
the water and due to public safety related to heavy stormwater treatment
system equipment. Special use authorizations for boating may be
considered by the City for scientific, resource, or investigational purposes.
The entrances will be posted to notice the public that all boating is
prohibited.
➢ Swimming or diving is prohibited due to the contaminated nature of the
water. Special use authorizations for swimming or diving may be
considered by the City for scientific, resource management, or
investigational purposes. The entrances will be posted to notice the public
that swimming is prohibited.
➢ All fishing is prohibited on the property due to the contaminated nature of
the water. Special use authorizations for fishing may be considered by the
City for scientific, resource management, or investigational purposes. The
entrances will be posted to notice the public that fishing is prohibited.
➢ Disposal or discharge of any waste such as litter or hazardous substances
outside of designated waste collection containers is prohibited.
➢ The unauthorized removal or destruction of facilities or equipment is
prohibited. This includes water control structures, scientific study plots,
photo points, transect lines, survey markers, public buildings, towers,
recorders, gages, signs, gates fences, or monuments.
➢ The unauthorized removal or alteration of flora or fauna is prohibited.
➢ The removal, alteration or destruction of any archaeological or cultural
resources is prohibited except as authorized by a City initiated removal
conducted for scientific or land management purposes. The City shall
consult the Florida Department of State, Division of Historical Resources
17
Final SJRWMD Approved March 2009
prior to authorizing the removal, alteration or destruction of any
archeological or cultural resources at the storm water park.
Archaeological or cultural resources means associated physical remnants
and features contained in the ground including artifacts, fossils, bones,
shell mounds, or primitive culture facilities or items. Any person
discovering archaeological or cultural resources at the storm water park
shall immediately notify the City of such discovery. There are no
historical sites known to exist on the property at this time.
➢ The possession or use of firearms, paint ball guns, fireworks or similar
equipment such as any device capable of mechanically propelling an
arrow, spear or other projectile is prohibited except as authorized by the
City.
➢ Posting or distributing handbills or circulars, or posting, placing, or
erecting any bills, notices, papers, signs or advertising devices or
informational matter of any kind, is prohibited except as authorized by the
City.
➢ The City prohibits igniting any fire, or camping at the storm water park
except as authorized by the City.
➢ Trapping and commercial fishing is prohibited at the storm water park
except where specifically authorized by the City in conjunction with the
Florida Fish and Wildlife Conservation Commission, which shall be
limited to scientific study or removal of nuisance species.
is
Final SJRWMD Approved March 2009
6.0 IMPLEMENTATION CHART
TASK RESPONSIBLE OCCURANCE COOPERATORS RESOURCE PROTECTION AND
LEAD MANAGEMENT
Form A Baal Bark COS owing
Treatment
Mowing, Trhaming COS ongoiag
secwity COS Ongoing FWS
Restoration COS 1 yr DOE FWS
Listed Species COS I yr FWS. IRC
Plants dt Animals
Water Resources COS
Fire Management COS
Oagoing SIRWMD
1 yr. 3 yr DOF. FWS
Key
Continue to cradicstc exotic and invasive vegetatim
with deal cLemical or by had treatments.
Continuc to keep tuaiatenanoe
pathways cleared. trim Was as needed
Maintain danagefames and gets.
Coo:dc with Chy Police Department for
n8wa surveillance of tht property.
Report evidence of posdsiag and other
Mqd activity to loyal law ealhrsemem and
provide them witb support as amded.
Develop and impk amt a &e msaageme ct plan to
Wade bum mom in Order to maintain nad restore
native community structures. Continue to inspect
.�., initiatives.
Cotuhta surveys in key communWes to support
habitat management
Coatimae to maintain and build upon spans
list.
Manage stormwater park and associated equipment.
Cotninue to monitor hydrologic effcem.
City staff wia conduct inspection ad water sampling aft
storm events, and compile wetland monitonag data asttwnl
pFroollow prescrMed bum plea maintain iirc breasts in elm
Roller choxtinfly p ear of am pp�.
3 yr-Syr sdudu ft allows for vegetative m5xl4
COS City of Sebastian SJRWMD St John' s River Water
Management District
FWS US Fish tic Wildlife IRC Indian River County
DOF Division of Forestry
19
Final SJRWMD Approved March 2009
APPENDIX A LISTED ANIMALS
Note: State and Federally listed wildlife species that may utilize the Sebastian
Storm Water Park.
T-Threatened, E-Endangered, SSC-Species of Special Concern, *-Not Federally
Listed,
C2-Candidate for future listing possible.
USFWS-U.S. Fish & Wildlife Service
FGFWFC-Florida Game & Freshwater Fish Commission
Scientific Name Common Name Status
USFWS FGFWFC
BIRDS
Aphelocoma coerulescens
Florida Scrub Jay
T
T
Falco sparverius Paulus
Southeastern American
T
C2
Kestrel
Pandion haliaetus
Osprey
*
SSC
Grus canadensis pratensis
Florida Sandhill Crane
*
T
Mycteria americana
Woodstork
E
E
Egretta caerulea
Little Blue Heron
*
SSC
Egretta guarana
Limpkin
*
SSC
Egretta tricolor
Tricolored Heron
*
SSC
Eudocimus albs
White Ibis
*
SSC
AMPHIBIANS/REPTILES
Gopherus polyphemus
Florida Gopher Tortoise T T
Drymarchon corals couperi
Eastern Indigo Snake T T
Pituophis melanoleucus
Florida Pine Snake C2 SSC
Mugitus
Rana capito aesopus
Florida Gopher Frog C2 SSC
MAMMALS
Polomysfloridanus Florida Mouse C2 SSC
20
Final SJRWMD Approved March 2009
APPENDIX B FNAI PLANTS, ANIMALS & COMMUNITIES LIST
Note: This is not a comprehensive list of all species and natural communities
occurring in this location. Only occurrences documented in the FNAI database are
included. Species indigenous to beach dune, coastal strand, and maritime
hammock habitats were removed, unless the species would rely on flora and fauna
of these communities.
SEBASTIAN
STORM
WATER PARK
INDIAN RIVER
COUNTY
Plants and Lichens
Scientific Name
Conradina grandiRora
Dicerandra immaculata
Tiilands/a UtriculaM
Harrisia simosonli
Onhlov/ossum nalmatum
Maria linests
crasshgWers and Allies
Sdentiftc Name
Melanonlus Indlclfaer
Final SJRWMD Approved March 2009
Last Updated:
3une 2008
Common Name
Global
State
Federal
State
Rank
Rank
Status
Status
Large -flowered
G3
S3
N
LT
Rosemary
Lakela's Mint
G1
S1
LE
LE
Giant Wild Pine
G?
S?
LE
Simpson's Prickly
G2
S2
N
LE
Apple
Nodding Pinweed
G3
S3
N
LT
Hand Fern
G4
S2
N
LE
Shoestring Fern
G?
G?
?
LE
Common Name Global State Federal State
Rank Rank Status Status
East Coast Scrub G1G2 SiS2 N N
Grasshopper
21
Beetles
Scientific Name
Aohodha troolody
AWhiblans
Sdentifie_Name
Rana caq&
06
SdMgffc Naran
Alligator mississloplensis
Drvmamhon couperi
Gonherus cohwhemus
l ammDeft aetula
Elaphe guttata
Birds
Scientific Name
Acdniter coop
Almoohlla aestival/s
Ammodmmus savannerum tloridanus
Common Name Global State Federal State
Rank Rank Status Status
Gopher Tortoise GNR S2S3 N N
Aphodius Beede
Common Name Global State Federal State
Rank Rank Status Status
Gopher Frog G3 S3 N LS
Common Name
Global
State
Federal
State
Rank
Rank
Status
Status
American Alligator
G5
S4
SAT
LS
Eastern Indigo
G3
S3
LT
LT
Snake
Gopher Tortoise
G3
S3
N
LT
Common
G5
S2S3
N
N
Kingsnake
Red Rat Snake
G?
G?
?
LS
BAhelocoma coerulescens
Arras fulvlaula
Ammus ouarauna
Final SJRWMD Approved March 2009
Common Name
Global
State
Federal
State
Rank
Rank
Status
Status
Cooper's Hawk
G5
S3
N
N
Bachman's
G3
S3
N
N
Sparrow
Florida
G5T1
S1
LE
LE
Grasshopper
Sparrow
Florida Scrub jay
G2
S2
LT
LT
Mottled Duck
Umpkin
G5
S3
N
LS
22
&dea albs Great Egret
G5
S4
N N
Ardea hemdla o_cddentalls Great White Heron
GST2
S2
N N
Birds
Common Name
Global
State
Federal
State
Sdentific Name
Athene cunicularia fladdana
Rank
Rank
Status
Status
&recta caemlea
Little Blue Heron
GS
S4
N
LS
Earetta rufescens
Reddish Egret
G4
S2
N
LS
Earetta thole
Snowy Egret
G5
S3
N
LS
Evretfa tricolor
Tricolored Heron
G5
S4
N
LS
Elanoldes forf€catus
Swallow-tailed Kite
GS
S2
N
N
Birds
Sdentific Name
Common Name
Global
State
Federal
State
Rank
Rank
Status
Status
Eudocimus a/bus
White Ibis
G5
S4
N
LS
Falco columbarlus
Merlin
G5
S2
N
N
Falco oemadaus
Peregrine Falcon
G4
S2
N
LE
Falco snarvertus paulus
Southeastern
GST4
S3
N
LT
Amerlan Kestrel
Grus conadensis pratensis
Florida Sandhill
G5T2T3
S2S3
N
LT
Crane
Hallaeetus /eucocenhalus
Bald Eagle
G5
S3
N
LT
bmbnechus exllls
Least Blttem
G5
S4
N
N
,Latera/tus Mmalcensis
Black Rail
G4
S2
N
N
AIvcteda amerlcana
Wood Stork
G4
S2
LE
LE
23
Final SJRWMD Approved March 2009
Nvctanassa vfolacea
Yellow -crowned
G5
S3
N
N
Night -heron
Nvcblrnrax nvcticorax
Black -crowned
G5
S3
N
N
Night -heron
Birds
Scientff -Name
Common Name
Global
State
Federal
State
Rank
Rank
Status
Status
Pandlon hallaexus
Osprey
G5
S3S4
N
LS*
Plcoldes vll/osus
Hairy Woodpecker
G5
S3
N
N
eleoadls fe=ellus
Glossy Ibis
G5
S3
N
N
Vireo a! !oo us
Black -whiskered
G5
S3
N
N
Vireo
KIlmm"I
Sclentific Name Common Name Global State Federal State
Rank Rank Status Status
P°=vs floiftnus Florida Mouse G3 S3 N LS
Natural Gommqoj&M
Sclentific Nam
Common Name Global
State
Federal
State
Rank
Rank
Status
Status
D ession marjh
G4
S4
N
N
Roodolain marsh
G3?
S2
N
N
Meslc Ratwoodg
G4
S4
N
N
Scb
G2
S2
N
N
Scrubby flatwoods
G3
S3
N
N
Definition of Global (G) element ranks:
G1 a Critically Imperiled globally because of extreme rarity (5 or fewer occurrences or very
little remaining area, e.g., <2,000 acres) or because of some factor(s) making it especially
vulnerable to extinction;
G2 = Imperiled globally because of rarity (6-20 occurrences or very little remaining area, e.g.,
<10,000 acres) or because of some factors) making it very vulnerable to extinction
throughout its range;
24
Final SJRWMD Approved March 2009
G3 = Either very rare and local throughout its range or found locally (even abundantly at some
of its locations) In a restricted range or because of other factors making it vulnerable to
extinction throughout its range. 21 to 100 occurrences;
G4 = Apparently secure globally, though it may be quite rare in parts of its range, especially at
the periphery;
G5 = Demonstrably secure globally, though it may be quite rare In parts of its range, especially
at the periphery;
G? = uncertain Global rank.
Definition of State (S) element ranks:
S1 = Critically Imperiled In state because of extreme rarity (5 or fewer occurrences or very
little remaining area) or because of some factor(s) making it especially vulnerable to
extinction;
S2 = Imperiled In state because of rarity (6-20 occurrences or little remaining area) or because
of some factor(s) making it very vulnerable to extinction throughout it range;
S3 = Rare or uncommon in state (on the order of 21 to 100 occurrences);
S4 = Apparently secure in state, although It may be rare in some parts of its state range;
S5 = Demonstrably secure in state and essentially Ineradicable under present conditions;
S? = uncertain State rank.
25
Final SJRWMD Approved March 2009
APPENDIX C ECOLOGICAL COMMUNITY OCCURRENCE BY
SOIL SERIES
NATURAL RESOURCES CONSERVATION SERVICE
Note: Soil series are based on pre construction conditions of the ecological
community types. These are based on the Soil Conservation Service (SCS)
Communities, not the Florida Land Use, Cover and Forms Classification System
(FLUFCS). (Figure 4)
Soil Type/Symbol
Chobee Loamy Fine Sand (2)
lmmokalee Fine Sand (4)
lmmokalee Fine Sand, depress ional
Oldsmar Fine Sand (6)
Oldsmar Fine Sand, depressional
Riviera Fine Sand (10)
Riviera Fine Sand, depressional
Pineda Fine Sand (16)
Pineda Fine Sand, thermic variant
Arents, 0 to 5 percent slopes (23)
Malabar Fine Sand (39)
Malabar Fine Sand, depressional
Holopaw Fine Sand (47)
(Altered, pre construction)
Final SJRWMD Approved March 2009
Ecological Community Type
Cypress Swamp
Swamp Hardwoods
Freshwater Marsh & Ponds
South Florida Flatwoods
Freshwater Marsh & Ponds
South Florida Flatwoods
Cabbage Palm Flatwoods
Freshwater Marsh & Ponds
Cabbage Palm Flatwoods
Wetland Hardwood Hammock
Slough
Cypress Swamp
Cypress Hardwood
Freshwater Marsh & Ponds
South Florida Flatwoods
Slough
Wetland Hardwood Hammock
Slough
Normally disturbed by human events, not
attributed to specific horizons
South Florida Flatwoods
Slough
Freshwater Marsh & Ponds
Cypress Swamp
Wetland Hardwood Hammock
Slough
26
Or, n
SE{ - t"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSNUTTAL
Council Meetine Date: December 13, 2023
Agenda Item Title: Approve amendment to Sebastian Stormwater Park Cooperative Agreement
to incorporate SJRWMD's annexation of 0.82 acre parcel
Recommendation: Staff requests that City Council provides approval for City Staff to execute
the necessary documents for the amendment of the Sebastian Stormwater
Park cooperative agreement per St. John River Water Management's request
Background: The City of Sebastian entered into a cooperative agreement regarding the
Sebastian Stormwater Park, also known as the Sebastian Stormwater Treatment Facility, with St, John's River
Water Management District (SJRWMD) in January of 2004. This facility was designed in conjunction with
SJRWMD to treat stormwater runoff and increase water quality using a system of pumps, weirs, and natural
wetlands. The land is owned by SJRWMD, however Sebastian has a management agreement in order to
utilize the land for water treatment purposes. SJRWMD has annexed a 0.82 acre parcel known as the
Appelbaum property that is an in -holding, or private property completely surrounded by a protected area.
SJRWMD is asking the City to accept the incorporation of this 0.82 parcel into the definition of property
within our cooperative agreement, as well as incorporate this parcel into our land management plan. At this
point in time City Staff is asking for approval to execute the necessary documents to incorporate the inholding
only. Any deed restriction removal or release of reservations as well as zoning changes would come to City
Council for approval at a future date.
If Agenda Item Reouires Exnenditure of Funds:
Budgeted Amount: $0
Total Cost: $0
Funding: Not applicable
Attachments:
1. From St. John's River Water Management District
2. Existing Sebastian Stormwater Park Cooperative Agreement
3. Sebastian Highlands 11 Plat Book 7 Page 86 and 363
4. 2009 Stormwater Park Land Management Plan
Administrative Services Dep Review:A
City Attorney Review:
Procurement Division Review, ifapplicable:
City Mana er Authorization:
Date:
A//i4'