- 10 May 05 Marina Development
This is Warren Anderson of the Anderson & Howell law firm. I am the
legal affairs chair of the Sierra Club and a director of a new
organization, the Public Trust Environmental Law Institute of Florida.
You have previously indicated an interest in the proposed marina
development up at Big Talbot Island. You can view an aerial photo of the
property in question
Click
here
Our firm has done some initial legal research and met with several
people who are knowledgeable about this potential development.
Here is what we know now:
The owner of the land is BTI, Ltd. and lists Charles Chupp as a
principal. They state their ownership began in 1989.
The developer has asked for a concurrency status from the City of
Jacksonville. This is an information gathering process.
The developer has also submitted an application to use submerged lands
for the construction of the development -- presently called
"Island Lodge at Sawpit Creek." They have listed their project engineer
as Henry Vorpe of AVA Engineers, Jacksonville.
They propose 97 boat slips in the project described as "a building, an
access driveway, parking area, marina, storm water management
system, and on-site sewage facility." Out of a total of 6.58 acres that
they own,they propose impacting 2.58 acres of wetlands. This property
is on the north eastern point of Big Talbot Island, just before the
bridge leading into Nassau County. This is one of the most beautiful
views in all of Florida.
They propose to bulkhead 682 linear feet to stabilize the property.
This,of course, could have disastrous consequences for adjacent areas of
the park.
No wildlife survey has been done, neither Florida Fish and Wildlife
Conservation Commission nor U.S. Fish and Wildlife has been asked
to comment on the proposal yet.
Since they propose to fill in all of the wetlands, no buffer zone has
been proposed by the developer.
In their application to use submerged lands over which the developer
wants to build their docks and marina, they claim to have met
with two named DEEP officials. The developer maintains that some of
their property was "lost" due to an "avulsion" -- which is a sudden
and perceptible loss or riparian (waterfront) land. The
developer says the waterfront land was not
eroded away, but was lost suddenly when the
dune system failed. Arguing that he lost property due to "avulsion"
rather than through "erosion" the developer has asked DEEP to allow the
developer to fill in the wetlands on this small piece of
property. For mitigation, the developer will
give up his "land" which is waterward of the
mean high water line. Well, our argument is that submerged land
waterward of the high water line ALREADY belongs to the people --
through the public trust doctrine....so our firm believes that any
discussion of using this submerged land as mitigation for the
destruction of onsite wetlands is inappropriate. We have filed a FOIA
(freedom of information) request, demanding that the DEP give us all the
files and notes from the meetings between the developer and DEP
officials.
The area proposed for the 97 slips is over submerged land and that area
s clearly navigable. I myself have kayaked in that exact area.
The Sierra Club has led outings up in that
area. Case law states that "the public has
the right to go where the navigable waters go, even though the navigable
waters lie OVER privately owned lands."
This entire area under discussion sits within the Nassau River -- St.
Johns River Marshes Aquatic Preserve. We believe the Jacksonville
2010 Comprehensive Plan prohibits a marina
from being built in an Aquatic Preserve. We
believe the developer will have to get the city council to pass a "text
amendment" to the Comp Plan to get around this hurdle. This "text
change" should be at least difficult, if not impossible to accomplish.
WHAT CAN YOU DO RIGHT NOW?
The DEP has asked for comments on whether it should recommend allowing
the submerged lands to be developed as a marina, etc. They have
asked governmental agencies to comment on this
proposal. Since DEP officials have supposedly
already given their stamp of approval to the proposal, it would be
interesting if a number of citizens, environmental
groups, and other governmental officials wrote the DEP and
objected to the proposal. I would recommend that your letters be
passionate, yet professional and civil in tone.
The address to write is:
The Department of Environmental Protection
7825 Baymeadows Way
Suite - B200
Jacksonville, Florida 32256
Reference your comments to: Island Lodge at Sawpit Creek, Big Talbot
Island DEP # 16-248074-001-EI
Your comments should be received by the DEP by May 19.
You can also call Andrew Sears at 904.807.3329 or Jim Maher at
904.807.3300 (both with DEP) but I believe it would be preferable to put
your objection IN WRITING, as set forth above in my letter.
You can ask DEP to send you a copy of the application for use of the
submerged lands and a copy of any future changes in the action.
Also request notification of any final agency
action on this matter.
If you have any further questions please e-mail me. I am preparing for
a trial on another case but will get back in touch with you as soon as
possible. If you write DEP, I sure would appreciate receiving a copy of
what you send to them.
I hope that helps you understand the status of the development.
Warren K. Anderson, Jr.
Anderson & Howell, P.A.
2029 N. 3rd Street
Jacksonville Beach, Florida 32250
