Permit Hurdles for Mooring Fields

Transcription

1 Session Title: Managed Mooring Fields and Harbor Management Plans Thursday, November 2, :10am Permit Hurdles for Mooring Fields Michael Poff Coastal Engineering Consultants, Inc. 165

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3 PERMIT HURDLES FOR MOORING FIELDS FROM STEM TO STERN Boating and Waterways Management in Florida PRESENTATION OUTLINE Situation Analysis Permit Hurdles Project Description Resource Protection Project Benefits Management Plans Mooring Systems Submerged Lands Year-Round Liveaboards COASTAL ENGINEERING CONSULTANTS INC. November 2, 2006 SITUATION ANALYSIS POST CHARLEY 2004 Unmanaged Harbors & Inadequate Anchoring Grounds Diverse User Base: Transient to Year Round Users Plus Seasonal Variability Derelict Vessels & Groundings Negative Impacts to Navigation / Public Safety Infringement on Upland Riparian Owners Negative Impacts to Natural Resources & Water Quality PROJECT DESCRIPTION Create Mooring Field & Anchoring Grounds Accommodate Mooring Needs of Boaters Protect Established Anchorage Increase Boating Safety & Awareness Protect Natural Resources Improve & Maintain Water Quality Provide Needed Shoreside Amenities Criteria: Adequate Water Depth, Avoid SAV/Resources, Navigation Fairways, Proper Signage and Marking City of Sarasota Bayfront Park June

4 PROJECT BENEFITS Enhance Public Use of Harbor Improve Navigation Define & Regulate Rates for Mooring, Anchoring & Amenities Protect Riparian Rights & Real Property Prevent Future Derelict Vessels (Saves $$) Enforcement of Illegal Activities Provide On-site Emergency Response & Enforcement/Compliance Measures MOORING SYSTEMS DESIGN & INSTALLATION PROJECT BENEFITS Provide Boating & Public Safety Education Preserve Natural Beauty of Waterfronts Protect Natural Resources ¾Eliminate Illegal Sewage Discharges ¾Eliminate Prop Dredging ¾Improve Water Quality ¾Protect Bay Bottoms ¾Protect SAV & Other Resource Habitats ¾Properly Contain Solid/Hazardous Wastes SCOPE OF SERVICES Bathymetric, Natural Resource & Geotechnical Surveys Mooring & Facilities Plan & Design Characterize Existing Shoreside Amenities Permit Application & Submittal Permit Coordination Construction Services Operation & Maintenance CITY OF SARASOTA BAYFRONT PARK Mooring Field Layout ¾ 109 Moorings for 20 to 100 Vessels ¾ Area: ~ 100 Acres ¾ Depths: 6 feet (20 ) to 11 feet (100 ) MLW Anchoring Grounds ¾ Area: > 10 Acres for ~ 10 to 12 Vessels ¾ Depths: 7 feet MLW ¾ Sited Seaward of Mooring Field Navigational Fairways ¾ Depths: 9 feet MLW through Fairways ¾ Exception is 11 feet MLW through Seaward Approach for Larger Vessels ¾ Provide Signage & Navigation Aids 168

5 MOORING SYSTEM Type of Anchor for Mooring System ¾ Conducted Jet Probing to Ascertain Subsurface Conditions (Sands, Silts, Rock) ¾ Selected Screw Anchor for Sandy Sediments ¾ Encountered Rock ~ 4 Feet Below Surface Necessitating Testing of Special Screw Anchor for Drilling Through Rock ¾ Encountered Unanticipated Subsurface Conditions: Thin Rock Lenses Underlain by Clayey Sediments ¾ Still Exploring Systems for Unique Conditions MATANZAS HARBOR FORT MYERS BEACH Two Mooring Fields 36 Moorings - 17 Acres 34 Moorings - 15 Acres Siting Adequate Water Depths Avoid Submerged Resources Buffer From Federal Channel Recreational Fairways WEST HARBOR MASTER EAST Mooring System Helical Screw Anchors Chain and Buoys Signage Anchor Matanzas Harbor

6 PERMIT HURDLES Resource Protection Management Plans Submerged Lands Year-Round Liveaboards COASTAL ENGINEERING CONSULTANTS INC. RESOURCE PROTECTION Upland Facilities & Amenities Sewage Pump-Out, Potable Water, Restrooms, Showers, Garbage Removal, & Dinghy Docks Environmental Safeguards Buffers from SAV & Other Resource Habitats, Water Quality Improvements, Marine Sanitation Construction Safeguards Turbidity Monitoring, Manatee Protection, Maintenance of Navigation, Dredging, Debris Removal MANAGEMENT PLAN Defines Roles & Responsibilities for Municipality, Harbormaster & Mooring Field Users Provides for Citizens Advisory Committee Establishes Mooring Field Operations Plan Provides for Environmental & Severe Storm Plans Outlines Mooring Field Rules Includes License or Rental Agreement Matanzas Harbor May 2005 SUBMERGED LANDS Submerged Lands Lease Enforceable in Courts Fee-Waived for Public Entity Non-Revenue Generating Program Requires BOT Approval Management Plan Enforcement Provisions & Responsible Parties Fiscal Plan: Non profit generating 170

7 RECENT LAW CHANGES September 2004 Submerged Lands Lease Vs. Management Agreement Affords Additional Enforcement Capabilities to Local Government in Enforcing Harbor Rules and Regulations Affords Additional Enforcement Capabilities to DEP Over Local Governments & 3 rd Party Operator (Harbormaster) in Enforcing Permit and Lease Conditions Understood Well by Local Circuit Courts YEAR-ROUND LIVEABOARDS Town Requested B.O.T. Approval of Allowance for Year-Round Liveaboards to Accommodate Grandfathered Situation Special Lease Condition for Nonstandard Use Year Round Liveaboard Use May Continue for the 10 Documented Individuals Until Either the Individual Discontinues their Lease or Town enacts a Prohibitive Ordinance, at which Time the Year Round Liveaboard Use Automatically Ceases and Reverts to Standard Lease Subject to 6 Month Limit within any 12 Months. GENERAL COUNSEL MEMO January 23, 2001 Memo to Division of State Lands Activities on sovereign lands historically have not been required to be changed or discontinued B.O.T Policy on Liveaboards did not explicitly consider Grandfathered leases nor mooring fields F.A.C sections support agency s historic policy not to require uses to change until they are discontinued Concept of Equity would dictate that nonconforming uses be allowed to continue for life of the use Constitutional prohibition on impairment of contracts would require B.O.T to consider liveaboards at time of conversion Allowing documented existing uses so long as they existed, but no new liveaboards to replace existing ones, would be least likely to engender lawsuits. HISTORICAL PRECEDENCE Key Biscayne Yacht Club Year Round Liveaboard Users Documented Special Lease Condition Incorporated when Facility Brought Under Lease to Allow for Nonstandard Use Formed Basis for Town s Proposed Lease Condition City of Vero Beach Mooring Field Commercial Uses Documented Special Management Agreement Condition Incorporated during State Approval Process to Allow for Grandfathered Uses HISTORICAL PRECEDENCE City of New Smyrna Beach Year Round Liveaboard Users (7) Documented Special Lease Condition Incorporated when Facility Brought Under Lease to Allow for Nonstandard Use Blind Pass Marina Year Round Liveaboard Users (62) Documented Special Lease Condition Incorporated when Facility Brought Under Lease to Allow for Nonstandard Use 171

8 CONTACT MICHAEL POFF, PE COASTAL ENGINEERING CONSULTANTS 3106 S. HORSESHOE DR., NAPLES, PHONE: (239) , EXT COASTAL ENGINEERING CONSULTANTS INC. Copyright Coastal Engineering Consultants,