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HomeMy WebLinkAboutBack-Up Documentshag moffatf & nichoC October 14, 2021 2937 SW 27th Avenue, Suite 101A Miami, FL 33133 (305) 230-1924 www.moffattnichol.com Florida Fish and Wildlife Conservation Commission Division of Law Enforcement Boating and Waterways Section 620 South Meridian Street Tallahassee, Florida 32399-1600 Attn: Thomas Arrington Subject: Florida Fish and Wildlife Conservation Commission (FWC) Local Ordinance Review for the Lamar Lake Idle Speed, No Wake Zone (Project), City of Miami, Miami -Dade County, Florida Dear Mr. Arrington, On behalf of the City of Miami (City), this is to submit substantial competent evidence in support of the Idle Speed No Wake Zone (ISNWZ) ordinance, as required by the "VI. Facts/Circumstance" section of the FWC Local Ordinance Review Checklist, Sec. 327.46(1)(c), Florida Statutes (FS), and Sec. 68D-21.001, Florida Administrative Code (FAC). Based on review of the criteria under 327.46, F.S., an ordinance establishing an ISNWZ can be authorized if the area is within 500 feet of any boat ramp, hoist, marine railway, or other launching facility available for use by the general boating public on waterways more than 300 feet in width. It is our understanding that Lamar Lake meets these criteria, as there are a dock and a kayak launching ramp that are available for use by the public, which are intended to facilitate the transition of vessels safely into, or from, the marine environment. In addition, the waterway is greater than 300 feet in width. Please see enclosed ISNWZ exhibit for additional information. The City would like to establish an ISNWZ due to public safety concerns associated with powerboat and personal watercraft interactions with nonmotorized watercraft such as kayaks and paddleboards at the intersection of their entry to and exit from the waters of Lamar Lake. As seen in the enclosed exhibit, Lamar Lake is a confined water body, with many areas that are shallow or inaccessible at low tide. These conditions could increase the likelihood of watercraft accidents, particularly if watercraft are operated at high speeds. In addition, the local Marine Patrol has observed unsafe powered watercraft operations/violations within Lamar Lake (refer to enclosed email). Also, the new kayak launch ramp has resulted in an increase of people with kayaks accessing the lake. The increase in public access necessitates speed control of motorized boats to support public safety. ,", m o f f a t t & n i c h o 1 Creative People, Practical Solutions.® M&N #9450-20 October 14, 2021 Furthermore, according to Sec. 327.46(1)(c), FS, municipalities and counties have the authority to establish ISNWZ if "the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway." As seen in the enclosed exhibit, Lamar Lake is an irregular shaped waterbody with shorelines that are populated with dense, tall mangrove vegetation that result in blind corners and areas that obstruct visibility. For safe watercraft usage in the area, an ISNWZ would be beneficial and reduce the risk of injury to people and property due to higher speed powerboat and personal watercraft operations. Lastly, the ISNWZ will help mitigate environmental impacts, such as shoreline erosion, and manatee impact concerns associated with motorized vessels operating at unsafe speeds within the small, shallow waterbody. Based on FWC Manatee Synoptic Survey Observations, manatees frequent Lamar Lake for shelter, food, and other biological resources (see below Table 1 and Figure 1). Please note, synoptic data refers to a general (minimum) count of manatees statewide, thus, is it likely more manatees are utilizing Lamar Lake. Furthermore, the FWC has documented manatee mortality within the lake (see below Figure 2), one of which was considered "human related". For this reason, it would be beneficial to establish an ISNWZ to further reduce the likelihood of manatee impacts due to powerboats operating at higher speeds. Table 1. FWC Manatee Synoptic Observation totals. Date Adult Calve February 16, 1991 1 0 February 22, 2015 2 1 January 31, 2017 3 0 January 7, 2018 3 1 Totals 9 2 Page 2 of 4 M&N #9450-20 October 14, 2021 Figure 1. FWC Manatee Synoptic Observation Locations within and outside of Lamar Lake. Blue points represent one or multiple manatees. Source: https://geodata.myfwc.com/datasets/manatee-synoptic- survey-observation-locations/ Legend © Human Related - Flood Gate/Canal Lack • Human Related - Watenraft Collision • Human Related - Other CO Natural -Cold Stress • Natural -Other Q Perinatal • Undetermined - Too Denim/1u d O Undetermined - Other • Verified - Not Nerropsied Figure 2. FWC Manatee Mortality data. Green point represents a 2009 mortality event. Red point represents a 2016 mortality event. Source: https://www.arcgis.com/sharing/rest/content/items/ba5b92ec509f48f38c61aa542e96236f/info/metad ata/metadata.xml?format=default&output=html ,i,ig motion & nicho! Page 3 of 4 Creative People, Practical Solutions."' M&N #9450-20 October 14, 2021 We respectfully request your office's approval of the ISNWZ ordinance within Lamar Lake. Thank you for your assistance. Should have any questions or require additional information, please do not hesitate to contact me at (786) 725-4190 or Ionaitis@moffattnichol.com. Sincerely, MOFFATT & NICHOL Lauren Jonaitis Environmental / Coastal Scientist LAJ :CB Enclosure hi„ig rnoftatt & nichol Page 4 of 4 Creative People, Practical Solutions.'