PALM COAST: CON 38 The Flagler Tribune (Nov. 25, 1971). 39 Id. (July 8, 1971). 171 40 Information obtained from the Public Offering Statements of the within-named developments as provided the author by the Division of Florida Land Sales, Department of Business Regulation, State of Florida. 41 Pritchert, supra note 14. 42 Conversation with Mr. Davenport, Public Works Department, City of Jacksonville. 43 Pritchert, supra note 14. 44 Davenport, supra note 42. 45 The Flagler Tribune (Sep. 9, 1971). 46 Id. 47 1969 FLORIDA STATUTES, Chapter 478.24(1). 48 Chapter 478.24 (1)(e). 49 Information, supra note 40. 50 Barton, supra note 29. 51 Pritchert, supra note 14. 52 Technical data supplied to the author on July 30, 1971 by John Yang, Civil Engineering, State University of New York, Buffalo, New York 14214. 53 Communication, supra note 1. 5 Leve, supra note 30. 55 HOLY BIBLE, Book of Isaiah, Chapter 5, verse 8. Reprinted by Southeastern Environmental Services P.O. Box 31278 Yukon Branch Jacksonville, Florida 32230 Phone: 904/387-0379 No. RESOLUTION OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WHEREAS, a preponderance of scientific evidence indicates that canals constructed to create waterfront building sites are ultimately deleterious to the aquatic resources which the Trustees in varying capacities, jointly and severally, are charged with protecting; and WHEREAS, it appears that such canals may cause serious environmental degradation which reaches beyond the boundaries of the immediate developed property; and WHEREAS, it appears that where these canals are incisions into the aquifer such development may threaten underground water resources as to both quantity and quality; and WHEREAS, it appears that waterfront canals may become a liability to the local government as well as to the owner of such waterfront property; and WHEREAS, it appears that the contaminated condition of labyrinthine canal systems presents a health hazard to both animals and humans; and WHEREAS, it appears that such canals threaten the quality of receiving waters, and create costly problems in maintenance for individual property owners and public agencies; and WHEREAS, it appears that the trend toward proliferation of such developments, if unabated, will lead to environmental disaster for Florida citizens; and WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund is gravely concerned by the problem. NOW, THEREFORE, BE IT RESOLVED by the State of Florida Board of Trustees of the Internal Improvement Trust Fund, in regular meeting assembled, that in the light of present knowledge regarding private residential canal systems it is the policy of the Board to discourage any agency, company, or person, public or private, from constructing a canal system without any prior notification of the Trustees and then applying upon completion for a permit to connect it to navigable waters of the State of Florida. BE IT FURTHER RESOLVED that the Trustees do hereby call on all persons to take notice that anyone in the process of selling lots, or who has sold lots, on the basis of a commitment to provide navigational access to these lots and is in the process of dredging upland canals will not thereby establish justification for the later issuance of a permit to connect them to the public waters of this state. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to each Board of County Commissioners, to the governing body of each municipality in Florida, to the Department of Pollution Control, to the United States Army Corps of Engineers, to the United States Environmental Protection Agency, and to each accredited representative of the news scrvices in the Capitol to the end that this resolution be given widespread publicity. This agency is proceeding to acquire comments from the Game and Fresh Water Fish Commission and the Department of Natural Resources relative to the referenced notice pursuant to the Wildlife Coordination Act. In accordance with our understanding of the Act and in compliance with your administrative procedures, issuance of the referenced permit will be delayed until comments from the environmental agencies are submitted to your department. This District has received an application for a Department of the Army permit as described below: APPLICANT: WATERWAY: WORK: To construct a system of bulkheaded canals connecting with said The This public notice is being distributed to all known interested persons in order to assist in developing facts on which decision by the Corps of Engineers can be based. For accuracy and completeness of the record, ali dafa in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detall to furnish a clear understanding at the reasons for support or opposition. The decision as to whether a permit will be Issued will be based on an evaluation of the impact of the proposed work on the public interest. factors affecting the public interest include, but ara not limited to, navigation, fish and wildlife, water quality, economics, conservation, aesthetics, recreation, water supply, flood damage prevention, ecosystems, and, in general, the needs and welfare of the people. Comments on these factors will be accepted and made part of the record and will be considered in determining whether it would be in the best public interest to grant a permit. Plans of the proposed work may be seen at the office of the District Engineer at the above address. Comments regarding the application should be submitted to the District Engineer at the above address on or before Gail G. Gren GAIL G. GREN Chief, Operations Division 19 October 1972 |