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RiverBranchPreserve_noticeletter_3.1.18 A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. NFLT REG. # CH11177 March 1, 2018 Joe Gerrity City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida Re: River Branch Conservation Easement Notice Requirements and the Marsh Master Plan Dear Mr. Gerrity, We write this letter seeking clarification as to current and planned construction activities of the City of Atlantic Beach (City) around the River Branch Preserve (Preserve), to seek permanent solution in the matter of the City’s continued failure to give proper notice for activities within the Preserve, and to suggest significant changes to the Marsh Master Plan where it directly conflicts with our interest in the conservation easement. ADA Fishing Pier and Dock First, we have been made aware of the City’s intent to pursue funding for an ADA Fishing Pier and Dock on a portion of the River Branch Preserve under conservation easement held by North Florida Land Trust. While it is not a violation for the City to pursue such funding, we encourage you to provide notice of those planned activities and seek our approval prior to the City taking on any significant expenditures or efforts anywhere, and at any time, within the Preserve. Failure to provide notice and for us to grant approval may result in the City having to return funding, and/or result in violation of the conservation easement. We remind the City that the conservation easement requires 30 days’ notice prior to any planned activities and gives the land trust 20 days to respond, so we heavily recommend notice far in advance of any necessary deadlines. Without formal notice, and transmission of all the necessary documents, we cannot render any opinion with this letter as to the permissibility of the ADA Fishing Pier and Dock. However, we will at this time refer you to Paragraph 3 “Prohibited Uses”, Section (a) which prohibits, “constructing or placing buildings, roads, billboards, cell phone towers, electrical transmission facilities, or other structures, except as provided in Paragraph 4…” wherein Paragraph 4, the only structures permitted are the “constructing of trails, overlooks, benches and appropriate signage consistent with passive recreation.” Docks and Piers are not enumerated under the reserved rights in the conservation easement, and to the extent that a similar structure would be permitted as an “overlook,” it would need to be constructed in a manner not harmful to the conservation purpose of retaining the Preserve forever, “predominantly in its natural and scenic condition OFFICE 2038 Gilmore St. Jacksonville, FL 32204 (904) 479-1967 info@northfloridalandtrust.org www.northfloridalandtrust.org STAFF President Jim McCarthy Land Protection Director Marc Hudson Stewardship Director Elizabeth Guthrie Development Director Dana Doody Associate Land Protection Director Rebecca Perry Development Officer Genevieve Fletcher Operations Manager Cassie Froeba Stewardship Coordinator Emily Dunn Conservation Coordinator Susan Carr, PhD Conservation Advocate Andrea Conover Multimedia Manager Allison Cologne BOARD OF DIRECTORS Chair Keith Holt Northeast Florida Properties Vice Chair Ellen Williams, Ph.D. St. Vincent's Healthcare Secretary Charles “Trey” Mills III, Esq. Rogers Towers PA Treasurer Patrick Carney CSX Corporation Members At Large David Barton Bank of America Merrill Lynch Ray Bunton St. Johns River Water Management Dist. (Ret.) Ok Sun Burks Pine Castle, Inc. (Ret.) Ross Chafin, Esq. Fisher, Tousey, Leas & Ball Margaret Kirkland Amelia Tree Conservancy Tom Larson Energy Consultant Founder, 1999 Bill McQuilkin and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property.” Repeated Failure in Providing Required Notice for Activities within the River Branch Preserve We also direct the City’s attention to Paragraph 5 of the conservation easement, “Notice and Approval.” While we do confirm that the City is free to plan or fundraise for any manner of projects within the Preserve without seeking our approval, it likely isn’t sensible to do so without notice. The current concern about the ADA Fishing Pier and Dock outstanding, the City has been in the past a frequent violator of the Notice Provisions of the conservation easement. This issue began with the Tideviews Dock, which despite two strident letters requesting a formal notice from our Executive Director at the time, the land trust was never provided adequate notice, nor was the dock ever approved by our organization, and as such, we consider it an ongoing violation and subject to requested removal at any time. This pattern continued through the development of the Marsh Master Plan, which contemplates multiple violations of the conservation easement, enumerated below. The City also initiated construction of the 6th street overlook without any notice to the North Florida Land Trust, where that approval had to be sought retroactively, midway through construction. The land trust could have sought injunction to stop working, forcing costly delays. Though not a violation, land trust staff was only made aware of the Dutton Island Road Widening Project after the City had completed design and midway through permitting, where our denial could have forced the City to engage in an expensive redesign. We do understand that staff turnover has made the maintenance of institutional memory difficult, however, given the past violations of and/or avoidance of the intention of the Notice Provisions, it is our inclination that any further actions without proper notice will be automatically declined as well as existing violations be requested to be immediately rectified. Further, we request that within a timely fashion the City provide a plan or operating procedures for staff, so that the easement will be appropriately considered prior to any action being initiated in the Preserve. Conflicts with the Marsh Master Plan In keeping with previous comments related to allowed construction within the Preserve, those boardwalks, bridges, fishing and resting platforms, piers, docks and connectors are simply not allowed within the conservation easement area and so, should be removed from the Marsh Master Plan. We recognize that without those amenities, that the facilities and improvements aspect of the Marsh Master Plan is significantly reduced and may necessitate a new plan. If the City wished to pursue a new or updated Marsh Master Plan, the North Florida Land Trust would be an eager participant in such an activity and happy to assist in charting a new vision for the Preserve. We thank you for your time and look forward to your response, Elizabeth Guthrie Stewardship Director North Florida Land Trust A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435-7352) ! WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. NFLT REG. # CH11177 !