Dr. Richard Baker

What’s Wrong with Indian River County’s Oslo Rd Boat Ramp

Project?

Green area is Seagrass-Mapped By St. John River Water Management District

Oslo Rd looking East Toward the River

Recent History of ORCA Rd Ramp Before: April 2009 New ramp & 25 ft dredging

Nov 2009 IRC Proposes new dock, more dredging, paved road, enlarged parking lot!

Photo taken from ramp showing shallow depth

Marine Resources Council Jim Egan, Executive Director July 6, 2010

• Impacts Inconsistent with IRC’s own • Comprehensive Management Plan: • “The County will strive to improve water quality in the Lagoon, including that portion adjacent to the subject property (South ORCA)”

• Manatee Protection Plan- •  “….there shall be no increase impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities or boat ramps in Indian River County.”

Save the Manatee Club

•  “Strongly recommends this project be denied due to concerns regarding... – watercraft-related manatee mortality, –  damage to seagrass beds, –  environmental impacts to the Vero Beach-Fort

Pierce Aquatic Preserve.” Artie Wong, Staff Biologist, December 9, 2010

Dr. Grant Gilmore, noted fish and seagrass expert wrote to SJRWMD,

USCOE, DEP, USFWS, FWC: •  “This project will deleteriously

impact essential fish habitat for four of the most protected and intensely managed fish species within the State of Florida.” –  common snook –  tarpon –  spotted seatrout-major nursery in

IRL –  red drum

Dr. Gilmore critique of G.K.Environmental’s Environmental Assessment : #1. The IRC Biologist,

used the wrong trapping gear to determine snook occurrence at the Oslo Ramp

#2. IRC Biologist sampled in August when data has shown that snook are found there principally in November and early December

Dr. Gilmore:

Additional Comments of Dr. Gilmore: – The Oslo wetlands is one of the northernmost mainland

mangrove wetlands that can support snook and tarpon nurseries (Both cold sensitive tropical species)

– Every acre of nursery habitat is needed for the fish to recover to 2010 pre-freeze levels

Students snorkeling & canoeing to learn about seagrasses, mangroves, and animal life at Oslo Ramp:

Red Drum from ORCA Seagrasses proposed to be removed by Dredging

Dec 4, 2010

Snook from Wetlands from proposed Parking Lot and Stormwater Pond

Dec 4, 2010

Other game fish from Wetlands proposed Parking Lot and Stormwater Pond

Dec 4, 2010

Sheepshead Mangrove Snapper

State of Florida Subcommittee on Managed Marshes (SOMM)

•  Reviewed 1st IRC Application and had many concerns that IRC has completely ignored nor incorporated into the 2nd application.

FL. Fish & Wildlife Conservation (FWC) July 6, 2010 Comment Letter

“The presence of rock indicates that this area was never historically dredged!” (Actually no evidence has been presented that it was ever dredged). “This project is actually located in Boat Facility Siting Zone 9 of the MPP, characterized as environmentally sensitive” “It is the FWC’s opinion that the project is inconsistent with the Indian River MPP because the project represents a deepening of the access from the boat ramp, and an increase in the size of vessels that would be able to launch from the site.”

Kipp Frohlich, Section Leader Imperiled Species Management Section

Docks and Dredging in an Aquatic Preserve were Not included in original MANAGEMENT PLAN for ORCA

submitted to FCT before purchase

But were added only by county staff without discussion by the IR County’s Conservation

Lands Advisory Committee!

No Social Hardship Will Occur:

County has:

•  more than 2x the number of public boat ramp lanes needed to meet DEP recommended levels of service (according to the County’s Manatee Protection Plan).

MPP Plan – Does not include 4 ramps in western IRC Page 34

“Unlike marinas, the FDEP has a standard recommendation for the number of boat ramps (lanes) per person in a geographic area. This recommended level of service (LOS) is a minimum of one boat lane per 10,000 residents. At the present time, Indian River County has approximately one boat lane for every 4,792 residents.” So we can double our IRC population before we reach the 10,000 figure!

MPP Page 45:

The IRC Mitigation proposed culvert and Brazilian pepper removal to offset seagrass & mangrove impacts is not appropriate!

“This mitigation for seagrass loss is analogous to creating an oak forest for squirrels & blue jays to mitigate gopher tortoise & scrub jays for scrub habitat destruction.” Dr. Grant Gilmore

PIAS is willing to help IRC: #1 Identify suitable ramp sites

– Not in our conservation areas

– Not in our BEST seagrass or manatee areas

#2 Find $$ for dock construction Google Map of 45th St. ~ 5.5 miles from

Oslo Rd and County owned!

3-4 Alternative Ramp Sites at 45th St

172 feet Depth, 210 feet Width, .93 Acre Along the River-County Owned Twice the Area of Oslo Rd Site

Comparing Seagrass Maps

Less Seagrasses at 45th St. Dock Actually these are gone now!

45th St.

Oslo Rd Ramp:

© 2001 SJRWM map

Both photos at same magnification.

Less Opportunity to Kill Manatee

(Project against the Indian River County’s Own Manatee Protection Plan)

45th St. Boat Ramp

Oslo Rd Boat Ramp 9th St.

High Manatee Concentration Areas in Indian River County

Closer to Intra Coastal Waterway where Dredging for Bigger Boats is OK!

Common Sense says: 45th St. (Gifford Dock Rd) is Great Alternative Site

•  Not in a Federal ShellFish Area requiring a Variance

•  Less Seagrass Destruction •  Little or no Mangrove Destruction •  Eliminates Unwanted Exotic Plants •  Mitigates on Site •  Less Expense to Build •  Keeps OSLO Natural •  Closer to the ICW-Intra-Coastal Waterway •  Not in an Conservation Area

•  “EPA has determined that the project, as currently proposed, does not comply with the Guidelines. …This project may have substantial and unacceptable adverse impacts on Aquatic Resources of National Importance. Therefore we recommend denial of the project, as currently proposed.

»  James D. Giattina, Director Water Protection Division »  November 8, 2010

The proposed boat ramp expansion is inconsistent with the Marine

Mammal Protection Plan & IRC’s own Manatee Protection Plan

•  Will result in take of manatees (additional deaths and injuries)

•  Discharge of clean fill material in 1.54 ac of mangrove wetlands and excavation of 1.44 ac of wetlands will result in adverse environmental effects.

•  Alternative sites available: – Riverside Park & MacWilliam Park- 4.1 & 4.3 miles – Round Island Park- 2.1 miles – Fort Pierce Inlet- 8 miles

CORPS Denies IRC Permit Application.

– FWS determined project would result in the incidental

take of manatees and does not appear to be consistent with the IRC Manatee Protection Plan.

–  Incidental take cannot be authorized at this time due to the requirements of the Marine Mammal Protection Act.

– Project is contrary to the overall general public interest.

August 26, 2011

Many strongly opposed this variance and project: •  EPA •  US Army Corps of Engineers •  USFWS •  National Marine Fisheries Service •  DEP Aquatic Preserve Manager •  FWC •  Audubon of Florida •  Save the Manatee Club •  Marine Resource Council •  Sierra Club •  Pelican Island Audubon •  Oslo Riverfront Conservation Area Volunteers •  Kayak Renters, Wading and Small Boat Fisherman •  Scientists

Finally: Indian River County did not present sufficient evidence of any: 1. Social,

2. Economic, or 3. Environmental benefits or hardships

for the requested variance to be approved by the District Staff in face of dire environmental harm an Oslo Dock/Parking/Dredging Project would cause.

Thank you!

Manatee Protection Plan page 46:

•  “Existing LDR Criteria” stating LDR Section 932.11(2) Water-dependent uses: “2) adverse impacts to seagrass and shoreline vegetation to be minimized…

•  Also, these regulations prohibit the siting of boat facilities in approved shellfish harvesting areas and existing seagrass beds.”

MPP page 47:

“In order to minimize adverse impacts to manatees and the resources of the IRL, boat facilities are best located:

• in areas with few natural resources; • in areas with low manatee abundance; and • in areas with low manatee mortality.”

These are good reasons to have the boat ramp

expansion project at 45th St. and NOT Oslo Rd .

MPP : Interesting statement by the county. They know the rules, why not

follow them? Page 9

•  “These aquatic preserves were created by the State of Florida, Board of Trustees of the Internal Improvement Trust Fund, in October of 1969. According to State law, an Aquatic Preserve is defined as ‘An exceptional area of submerged lands and its associated water set aside for being maintained essentially in its natural or existing condition (S.S. 258.35). Furthermore, the FDEP is charged with presenting recommendations for priority acquisition of critical manatee use areas under the Florida Forever program, and with strengthening aquatic preserve management plans for seagrass protection.”

MPP The county admits Page 15 :

•  “In Indian River County, extensive and lush beds of seagrasses are found south of the City limits of Vero Beach, from Oslo Road and the Moorings to the south county line.”

•  “Dredging (both mechanically and via boat propellers) immediately adjacent to docks and the associated travel corridors to and from the docks may significantly affect seagrass beds if appropriate turbidity controls are not used.”

MPP : Again, the county does not follow

its original 2004 plan Page 39:

•  “ Shallow channel depths and the lack of formal parking render this ramp limited to small boat access.

•  The original plans to improve this boat access have been abandoned due to resource constraints, including mangrove wetlands, dense seagrass beds, and shallow water.”

Indian River County’s Manatee Protection Plan, page 39

•  “The Oslo boat ramp is located at the east terminus of Oslo Road, east of U.S. Highway 1 and adjacent to the Oslo Riverfront Conservation Area. Shallow channel depths and the lack of formal parking render this ramp limited to small boat access. The original plans to improve this boat access have been abandoned due to resource constraints, including mangrove wetlands, dense seagrass beds, and shallow water.”

MPP : Results of the Screening Process for new Boat Siting. “Zone 7” Page 53

“ There appears to be little manatee use of the IRL west of the ICW, south of Hole in the Wall Island to the Lost Tree Islands, with the only exception being manatee use in the upland cut basin associated with the Grand Harbor Marina. Therefore, the overall probability of watercraft impacts to manatees north of the Merrill-Barber Bridge within Zone 7 is low. Due to an overall lack of natural resource constraints and proposed expansion plans, a maximum shoreline density ratio should not be applied to Zone 7.”

In other words you can put lots of boats at the 45th St site.

In contrast read what the county’s MPP says about Zone 9 where Oslo Rd ramp is:

“Within this zone, most of the land adjacent to the IRL has been deemed environmentally sensitive due to the presence of estuarine wetlands. Five watercraft-related manatee mortalities have been recorded in Zone 9, including 2 in 2000 and 1 in 2001.”

Impacts Inconsistent with Indian River County Manatee Protection

Plan The dredging and associated turbidity to the increased

usage and introduction of larger, higher powered vessels into a sensitive manatee area appears to be inconsistent with Indian River County's MPP based on a number of issues.

Two examples are illustrated next by direct quotations

from the IRC MPP

“AREAS OF PROHIBITION FOR BOAT RAMP DEVELOPMENT BASED ON SPECIFIC SITE CONDITIONS.” Page 55

Impacts to Submerged Aquatic Vegetation (SAV) associated with boat ramp use should be minimized as SAV is the main food source of manatees. The introduction of additional vessels via a new or expanded boat ramp into an area of high manatee abundance AND high manatee mortality would significantly increase the probability of negative impacts to manatees, and therefore should not be allowed. In general, new dredging is prohibited within State designated Aquatic Preserves. Within an Aquatic Preserve, the establishment of new boat ramps or the expansion of existing boat ramps that requires dredging will be restricted depending upon an applicant providing evidence that any required dredging be maintenance dredging vs. new dredging (as defined by State Statute and Rule)."

Second Example!

•  “Any maintenance dredging associated with a boat ramp channel should be restricted to the original channel dredging permit and design characteristics… Page 56

“OBJECTIVE 1 BOAT FACILITY AND BOAT RAMP SITING AND

CONSTRUCTION” Page 57.

•  “Through 2005, there shall be no increased impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities or boat ramps in Indian River County.”

MPP has many reasons not to expand existing boat ramps. Page 61

•  “3. a. “ a SAV coverage of ten (10) percent or greater”

•  b. “The site…is located within a High Manatee Use area, AND a High Watercraft-related Manatee Mortality area as defined in the MPP,”

•  c. “The site, whether new or existing, is located such that new dredging will be required or necessary to provide access to the ICW or to deeper water AND the site is located within or on land adjacent to a FDEP designated Aquatic Preserve.”…

•  “If any of the required or necessary dredging is determined to not be maintenance dredging (i.e., new dredging) then that part of the proposed project involving the proposed new dredging, and any other activity or structures associated with the proposed new dredging, is prohibited.”

Finally MPP Page 67:

•  "A formal evaluation of the Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan shall be presented to the Marine Advisory/ Narrows Watershed Action Committee on a five-year basis, and shall be updated or amended as necessary. This evaluation will be based on the overall success or failure of this MPP in meeting its stated objectives. The time frames and quantitative measures associated with each objective in this MPP are identified in Table 10.”

Oops! This will need to be removed from the new and improved version as the County Commissioner abolished the committee after members presented evidence against the expanded Oslo Rd Boat Ramp project .

Additional species of high commercial & recreational

fishing interests: •  To be added