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HomeMy WebLinkAboutexhibitBEXHIBIT B: RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY FLAGSTONE ISLAND GARDEN MEGA -YACHT HARBOR MANATEE PROTECTION PLAN MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL, RESOURCES: STANDARD CLASS 1 PERMIT APPLICATION NO. CC03-245 Revised May 7, 1004 The Flagstone Island Gardens Mega -yacht Harbor project ("Project") proposes a 50-slip international mega -yacht facility on Watson Island with supporting upland amenities adjacent to the turning basin at the west end of the Port of Miami/Government Cut. This document confirms the proposed Project's compliance with the approved Miami -Dade County Manatee Protection Plan (MDCMPP) and notes the Project -specific measures being taken to protect manatees. The MDCMPP designates the area between the Project shoreline and the Port turning basin for "Freight Terminals/Large Vessel (>100') Berthing". Additionally, the Watson Island shoreline itself is designated as a "Special Use" Marina or Transitory Dock area. The MDCMPP states that this designation is "for mooring vessels for special uses such as commercial fishing, charter fishing boats, and ocean-going luxury yachts" (page 96). Both of these designations are based on the site's nearby access to deep water and short route to the Atlantic Ocean. The proposed Project is compliant with the "Large Vessel Berthing" and "Special Use" designations of the MDCMPP and all uses that are proposed for vessels that are not over 100 feet in length are consistent with the functions that currently exist onsite. This is one of the most preferable sites in Miami -Dade County to accommodate the public demand for vessel mooring with minimal risk to the manatee population. Additional information regarding the historic and proposed marina functions onsite and manatee protection measures are discussed below. Existing Marina Function The existing Watson Island Marina facility includes 43 wet slips authorized under a Miami -Dade County Marine Facilities Operating Permit (MOP), and which have been leased out by the City of Miami (property owner) for commercial and recreational uses. These uses include commercial and charter fishing, boat rental/cruise operations, and transient recreational slips. The marina facility has been used historically by vessels ranging in length between 20 and 150 feet in length. The commercial vessels using the facility are estimated to average 2 trips per day. Transient recreational vessels average fewer trips per day. A public fuel dock is also located at the Watson Island Marina. Reviews of aerial photography and dock records indicate that the Watson Island Marina facility has been used extensively by commercial and recreational vessels. According to dock check records provided by the City's dockmaster, an average of 20 vessels have moored at Watson Island Marina at any given time over the past 6 years. This data does not differentiate between power and sailing vessels. Follow-up discussions with the City's dockmaster for Watson Island Marina indicate that the 43 slips were fully leased to vessel owners between 1987 and 1992. Prior to 1998, records are scarce. However, a review of aerial photography provides some data regarding mooring history. EXHIBIT B: RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY Flagstone Island Gardens Mega -Yacht Harbor Manatee Protection Plan Compliance May 7, 2004 Page 2 Since 1985 when the MPP was being developed, 23 or more powerboats have been documented at the marina in aerial photographs reviewed with Miami -Dade County Department of Environmental Resources Management (DERM) staff. Proposed Melia -Yacht Harbor Facility Manatee Protection Compliance The state -approved MDCMPP provides marine facility siting recommendations based on criteria including minimal manatee/boat travel pattern overlap, minimal benthic community disturbance, and compatibility with surrounding land use. As noted above, the Project uses are consistent with the MDCMPP designations and historic uses onsite. The greatest potential risk to manatees would occur as vessels travel north or south within the Intracoastal Waterway. The fact that mega -yachts, which are the primary constituent of the proposed facility, travel at slower speeds with ingress/egress patterns in the vicinity of the turning basin and Government Cut, serves to avoid potential manatee impacts. Given the size and typical travel patterns of these vessels, it is not likely that they would travel north or south in the Intracoastal Waterway, particularly not for significant distances or at significant speeds. Vessels proposed that are less than 100 feet in length will also primarily travel out to sea and/or function consistently with historic travel patterns. Construction Marina construction will comply with all standard manatee protection conditions. Manatee habitat (seagrass beds) is proposed to be dredged to accommodate the mega -yacht drafts; these unavoidable impacts will be mitigated through restoration of seagrass habitat within Biscayne Bay. Design and Operations The proposed mega -yacht facility will accommodate vessels up to approximately 450 feet in length. Of the maximum vessel number of 50, no more than 23 vessels less than 100 feet in length will be moored at any point in time, with specific sub -categories noted below. Even vessels less than 100 feet in length mooring at the Project site are anticipated to primarily consist of oceangoing luxury yachts, although this 23-vessel count includes service vessels that will not leave the facility, water taxis, and launched yacht tenders. Speed Zones: Vessel speed restrictions in the vicinity of the Project provide valuable protection to manatees within their foraging areas and travel corridors. These speed zones are well enforced by local, state, and federal agencies. Fendering: A minimum of 4 feet of standoff at maximum compression from vertical components (deep draft floating docks) is provided through installation of fenders above the mean high water line in compliance with the MDCMPP. The marginal dock provides the required standoff from the bulkhead at the Project site. EXHIBIT B: RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY Flagstone Island Gardens Mega -Yacht Harbor Manatee Protection Plan Compliance May 7, 2004 Page 3 Small Yachts and Tenders: As market studies conducted relative to the proposed Project indicate that it may not be economically viable to fill all proposed slips year-round with vessels greater than 100 feet in length, the applicant is requesting authorization to maintain onsite a maximum of 14 slips (consistent with the historic use by powerboats) for powerboat vessels including tenders less than 100 feet in length at any given point in time. Tenders may be launched from yachts to conduct inspections of their vessels and provide other service functions. Launching of these tenders will be controlled by the dockmaster, and strictly supervised. Due to strict security controls, these vessels will likely be limited in their movement. Water Taxis: Two slips are proposed for water taxis that will be on call to convey upland hotel and harbor guests to local waterfront destinations. There is not a public fuel dock proposed at the Project site; fuel services will only be provided to vessels leasing a slip at the facility (and public agency vessels, such as the Florida Marine Patrol, etc.). As discussed during meetings with DERM staff, the applicant agrees to limit fuel services in this manner to compensate for the proposed transient water taxi use for no net increase in potential for impacts to manatees. Fishing Vessels: Four slips are proposed for use by commercial fishing vessels. It is anticipated that their travel patterns and function will be similar to the existing/historic commercial and charter fishing vessels onsite. Service Vessels: Three service vessels and one non -motorized small barge, controlled by the harbormaster, are proposed to assist with facility operations. These service vessels will range in size but typically be approximately 30 feet in length. The service vessels will not leave the harbor area, but may travel to and from the fishing/water taxi pier. Services include deploying fuel containment booms (from the barge), security services, and providing tug -type assistance to incoming and outgoing mega -yachts. Again, at no time will the total number of vessels in the harbor exceed 50 (including all proposed vessels in the preferred design), and at no time will the total number of vessels less than 100 feet in length exceed 23 in harbor waters. Conclusions New mega -yacht slips associated with the proposed Project are compliant with the "Large Vessel Berthing" and "Special Use" designations of the MDCMPP. Slips for vessels less than 100 feet in length (23 total: 14 for non fishing vessels and yacht tenders, 2 for water taxis, 4 for fishing vessels, and 3 for service vessels) do not impose a significant potential for elevated risk to manatees as compared to historic slips/uses noted above. Other manatee protection means are provided and MDCMPP criteria are met as noted above. 1kreelnei -71Prep n.201701\Pumit Appliulivu1404-03-07) Manion Protection Pln.doc