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
!