an outstanding florida water petition for the st. marys river

Transcription

AN OUTSTANDING FLORIDA WATER
PETITION FOR
THE ST. MARYS RIVER
Photograph by: Tristan Harper
A Petition for Designating
the St. Marys River
an Outstanding Florida Water
Submitted by:
Prepared By:
Conservation Clinic, Levin College of Law, University of Florida
Environmental Law Practicum, The University of Georgia School of Law
January 2009
1
Petition to Initiate Rule-Making
Petition
1. This is a petition by the St. Marys River Management Committee to initiate rule-making
pursuant to Florida Statute 120.54(5), and Florida Administrative Code _____ for the
purpose of amending FAC Rule 62-302.700 to designate the St. Marys River and the
connecting tributaries as an Outstanding Florida Water.
2. Petitioner St. Marys River Management Committee (SMRMC) is an intergovernmental entity
of elected and appointed members from Baker, Camden, Charlton, and Nassau counties
along the St. Marys River in Florida and Georgia. The SMRMC is charged with developing
and implementing management plans and programs that protect the River and its unique
characteristics. The SMRMC members are also active users of the River, for both
recreational and economic activities.
Facts
3. The St. Marys River is located in northeastern Florida and southeastern Georgia, forming the
eastern side of the border between these two states. The river originates in the Okefenokee
Swamp in Georgia and flows out to its mouth on the Atlantic coastline of Florida, near
Fernandina Beach, Florida.
4. The St. Marys River is a largely undeveloped blackwater river with a rich history that is used
mainly for recreational and ecological activities. The banks of the River are used primarily
by timber and forestry operations, various conservation and recreational areas, and some
scattered large developments and low density residential areas.
5. The St. Marys River has exceptional ecological significance due to its unique blackwater
character, an abundance of plant and animal species (including 35 threatened or endangered
plant and animal species, 52 species of fish, 6 endangered marine animal species, and over 50
animal species considered rare and of special concern in Florida and Georgia), and multiple
distinct ecological systems as the river moves from the Okefenokee Swamp to its mouth.
6. The River also has exceptional recreational significance due to the numerous activities
conducted on the River, such as boating, canoeing, fishing, hunting, camping, biking, sightseeing, bird-watching, and other nature observation opportunities. Further, the River is home
to a variety of natural parks and conservation areas, on both state and federal levels.
7. The St. Marys River has received several distinctions by various agencies, including The
Nature Conservancy and the Georgia Department of Natural Resources, and is listed on
Florida’s Statewide System of Greenways and Trails.
2
Therefore, petitioner requests the Department of Environmental Protection to initiate rulemaking to amend FAC Rule 62-302.700 to include the St. Marys River from its entrance into the
State of Florida at the Florida-Georgia border to its mouth on the Atlantic coast of Florida, and
its tributaries, as a designated Outstanding Florida Water.
_________________________
Dean Woehrle, Chairman
St. Marys River Management Committee
P. O. Box 251
Folkston, GA 31537
3
Table of Contents
Page
I.
Introduction and Overview
II.
River Boundaries Requested for Designation
III.
History and Cultural Significance
IV.
Ecological Significance
V.
Recreational Significance
VI.
Accomplishments of the St. Marys River Management
Committee
VII.
Current and Future Ownership of the River
VIII.
Threats to the St. Marys River
IX.
Cost-Benefit Analysis
X.
Letters of Support
XI.
Appendix
4
Introduction and Overview
Physical Description. The St. Marys begins deep within the Okefenokee Swamp and flows
along a twisting 130-mile-long path into the Cumberland Sound and the Atlantic Ocean only 40
air-miles from its headwaters. The river undergoes three distinct physical changes on its path to
the ocean. Its headwaters, from the Okefenokee Swamp (the north “prong”) and the Pinhook
Swamp (the middle “prong”), are narrow and winding. Here, the scenery is dominated by
cypress and tupelo trees and snow-white sandbars. In the middle portion, from Trader’s Hill to
the U.S. 17 bridge, the St. Marys becomes wider and is characterized by bottomland swamps and
sandy bluffs. The lower portion of the river, from the U.S. 17 bridge to Cumberland Sound, is
tidally influenced, with reverse flows occurring twice daily. Freshwater and saltwater marshes
dominate this area.
Geopolitical Description. The St. Marys River is located in southeastern Georgia and
northeastern Florida. It’s centerline forms the easternmost portion of the border between the two
states. The River’s watershed is primarily situated in 4 counties along this border: Camden and
Charlton Counties in Georgia, and Baker and Nassau Counties in Florida __% of the River’s
watershed lies in Florida, while the remaining portion is found in Georgia. In Florida, The St.
Marys River watershed also falls within the jurisdiction of the St. Johns River Water
Management District (SJRWMD). Georgia is currently establishing water management districts
throughout the state, based on county boundaries. With support from SJRWMD, The St. Marys
River Management Committee (SMRMC) was established in the early 1990’s to audit local
management of the river and develop and maintain a management plan to guide the river’s
future. This management plan was published in 2003, and adopted by area governments in a
four-county resolution.
Land use & development trends. Current land use on the St. Marys is primarily based around
siliviculture. Pockets of low-density residential and commercial development are present, along
with conservation areas and wetlands. Future land use plans as well as pending development
proposals suggest increased development interest in the watershed in both states, as well as
directly on the river. These primarily call for low density residential and commercial land uses,
but include some large scale “Developments of Regional Impact”, especially in Georgia.
Ecological Description. The St. Marys River is currently designated a Class III water in Florida
(suitable for recreation, propagation and maintenance of a healthy, well-balanced population of
fish and wildlife) and has a designated use of Fishing in Georgia. Much of the main stem of the
river is considered to have “good” water quality, with some areas of “fair” water quality in
proximity to developed areas. It is important to note that the fair water quality in the headwaters
is due to low dissolved oxygen content, which is natural in blackwater streams due to higher
rates of decomposition. The River’s excellent water quality and surrounding habitat supports a
variety of healthy ecosystems as the River moves from the Okefenokee Swamp to the Atlantic
Ocean. Example native plant species found in the St. Marys River basin are bald cypress,
longleaf pine, black gum, southern magnolia, red maple, American holly, poplar, black willow,
river birch and a variety of oaks. Wildlife in this area includes osprey, bald eagle, white-tailed
deer, black bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise, alligator and indigo
snake.
5
Recreational Value. With few river crossings and little development along its banks, the St.
Marys River is used primarily for recreation. Canoeing, boating, fishing, camping and waterskiing are just some of the ways the river is enjoyed by the public. A variety of publicly
accessible recreational sites are also located on the River, including two national sites
(Okefenokee Swamp National Wildlife Refuge and Cumberland Island National Seashore) and
three state sites in Florida (Ralph E. Simmons Memorial State Forest, John M. Bethea State
Forest, and Fort Clinch State Park).
Transboundary Nature of the River. The St. Marys River flows along the easternmost border
between Georgia and Florida. The ecological quality of the River is naturally very similar on
both sides of the bank. In Florida, the St. Marys is designated as a Class III water, while Georgia
prescribed a designated use of Fishing. Georgia has done its part to maintain the water quality,
such as upgrading the municipal waste treatment plants in the St. Marys River basin to reduce
loading pollutants and improve water quality below wastewater treatment plant outfalls.
Recreational efforts in both states towards the River are also similar. Florida and Georgia both
hold National sites within the St. Marys basin (Okefenokee Swamp National Wildlife Refuge in
Georgia and Cumberland Island National Seashore in Florida). The states have also agreed on
fishing and boating regulations through a Reciprocal Agreement.
Further cooperative efforts between Florida and Georgia include the establishment of the St.
Marys River Management Committee, a group recognized by the four counties in the River basin
(Charlton and Camden Counties in Georgia, and Baker and Nassau Counties in Florida). The
Committee released a St. Marys River Management Plan in 2003, which set specific goals to
maintain the quality and use of the River. Included in the Plan is an agreement from all four
counties to adopt these goals regarding their actions on the River.
Land ownership patterns on both sides of the River are also similar. While forestry and timber
operations control a large portion of land in the River basin, this industry is more prevalent on
the Georgia side. Georgia also, similar to Florida, has pockets of residential and commercial
properties, as well as conservation/preservation lands.
6
River Boundaries Requested for Outstanding Florida Water Designation
The St. Marys River Management Committee requests that the Department of Environmental
Protection include, in its consideration to designate the St. Marys River as an Outstanding
Florida Water, that portion of the St. Marys River and major tributaries residing within the
boundaries of the State of Florida, within the following boundaries:
- Beginning on its western end at the intersection of State Road 94/2 (30° 31’ 03.1” N –
82° 13’ 48.9” W) located southwest of Moniac and extending westward to the river’s
mouth (see Figure 1), which is located just west of a line extending from the northern
most part of the southern shoreline just east of where the Jolly River enters the St. Marys
River (30° 43’ 12.3” N – 81° 29’ 38.4” W) through the range marker on the opposite
shore (30° 43’ 39.9” N – 81° 30’ 05.2” W) to the northern shoreline (see Figure 2).
Also, as an important tributary, the SMRMC would like to include the Jolly River and that
western portion of the Belles River which connects the St. Marys River to the Jolly River west of
a line crossing the Belles River from the beginning of the Jolly River’s southern shore running
southward to the Belles River’s south shore (from 30° 41’ 37.5” N – 81° 32’ 36.0” W to 30° 41’
32.1” N – 81° 32’ 35.1” W, see Figure 3).
Figure 1 – OFW Boundary, Beginning at Moniac.
7
Figure 2 – OFW Boundary, Ending at the Mouth of the St. Marys River
Figure 3 – OFW Boundary, the Belles River Exclusion
8
Historical and Cultural Significance
The St. Marys River has a long and interesting history. Some evidence has been found
that indicates the St. Marys was used by Native American, however much of the area’s early
history remains to be studied.1 The Indians named the River THLATHLOTHLAGUPHKA or
PHLAPHLAGAPHGAW, meaning “Rotten Fish”, but white settlers couldn’t pronounce it.2
Jean Ribault (1520-65) upon finding it May 1, 1562, called it the “Seine”.3 The present name
originated from that of the early mission.4 The river was also home to the early Spanish settlers
and is said to have been the scene of pirate activity.5 Folkston once was the location of a Spanish
mission, San Lorenzo de Ibihica, from 1620–1656.6
The St. Marys has also appeared in various historical accounts of military operations. In
1862, for instance, the River was referenced as an encampment for a famous Florida Civil War
fighting unit, the Marion Light Artillery, while they waited for the Federals to move from
Fernandina.7 Fort Clinch State Park is also situated on the St. Marys at the mouth of the river.
Built in 1847, the Fort was first occupied by Confederate soldiers in 1861.8 However, after
General Lee ordered a withdrawal in 1862, Union troops moved in, and the Fort served as their
base for the area for the remainder of the War.
The river played an active role in the economic development of northeast Florida and
southeast Georgia.9 British occupation in the late 1700s brought commerce to the region as
crops of cotton, indigo and rice were introduced.10 In the early territorial days of Florida,
schooners and sloops traveled the river and in the late 1800s, steamers carried passengers, cargo
and mail along the river, which had become an active shipping route for numerous lumber mills
along its banks.11 Mariners went out of their way to obtain the tea-colored water of the St.
Marys, which was prized for its chemical qualities.12 Decaying vegetation produces tannic acid,
giving the water its burgundy color and also acting as a preservative that would keep the water
fresh for two years.13 Use of the St. Marys as a route for lumber mills lasted until the early
1900s, when the mills closed their doors due to a lack of accessible timber, leaving the river to
settle back and develop into its present tranquil state.14
1
St. Marys River Management Committee, St. Marys River History, http://www.saintmarysriver.org/history.html
Id.
3
Id.
4
Id.
5
Id.
6
Richard J. Lenz, Longstreet Highroad Guide to the Georgia Coast & Okefenokee: St. Marys River,
http://www.sherpaguides.com/georgia/coast/southern_coast/st_marys_river.html
7
Mary Elizabeth Dickison, Dickison and his men : Reminiscences of the war in Florida, xi (1890)
8
Wildernet, Fort Clinch State Park, http://www.wildernet.com/pages/area.cfm?areaID=FLSPFOCL&CU_ID=1
9
10
Id.
11
Id.
12
Richard J. Lenz, Longstreet Highroad Guide to the Georgia Coast & Okefenokee: St. Marys River,
http://www.sherpaguides.com/georgia/coast/southern_coast/st_marys_river.html
13
Id.
14
Id.
2
9
As to current evidence of the River’s history, various items can still be found on the
River. Ballast stones were discarded by sailing ships taking on water, and can be found on the
banks of the River, primarily on the Florida side.15 These stones are particularly valuable in this
area since they are so rare in northeast Florida and southeast Georgia.16 Stones and pilings from
piers, over 100 years old, can also still be seen on the River’s edge around King’s Ferry.17
Okefenokee National Wildlife Refuge and Cumberland Island National Seashore, as
noted below in the Recreational Significance section of this petition, also offer historic value for
the Chesser Island Homestead (Okefenokee Refuge) and historic structures and ruins
(Cumberland Island).18
15
St. Marys River Management Committee, St. Marys River Management Plan, May 2003, available at
http://www.saintmarysriver.org/plan.html
16
Id.
17
Id.
18
Id.
10
Ecological Significance of the Saint Marys River Basin
The “exceptional ecological significance” of the Saint Marys River is demonstrated by
the diverse ecosystems represented throughout the basin, the undeveloped nature of the
watershed, the generally “good” water quality of the river, and the numerous plant and animal
species-many of which are protected, that are found throughout the basin.19 Most significantly,
the St. Marys River connects two very important ecosystems, the Okefenokee Swamp and the
Cumberland Sound through a virtually undeveloped river corridor.20 Known as one of the seven
wonders of Georgia, the Okefenokee is the largest swamp in North America, spanning an area of
approximately 700 square miles in Georgia and Florida, with a watershed of over 1,400 square
miles.21 Both the Suwannee and Saint Marys River headwaters are within the Okefenokee
Swamp, making their way to the Gulf of Mexico and the Atlantic Ocean respectively.22
Cumberland Sound is adjacent to Cumberland Island National Seashore, which has the longest
beach of the Georgia barrier islands, and is visited by large numbers of nesting sea turtles each
year.23
Threatened, Endangered, and Imperiled Fauna
Due to an extensive distribution of undeveloped wetlands and upland matrix, the St
Marys River basin provides good quality habitat for a large number of plants and animals, as
well as critical habitat for various threatened and endangered species.24 The basin offers
important travel corridors for the Florida black bear; dry sandhill habitat for the Sherman’s fox
squirrel; open pine habitat for the Southeastern American kestral, red-cockaded woodpecker, and
gopher tortoise; foraging, roosting, and nesting habitat for a large assortment of wading birds;
and a pristine blackwater river important to several rare and endangered fish species.25
19
Pandion Systems, Saint Marys River Management Plan. 2003, available at
http://www.saintmarysriver.org/guide.html.
20
Id.
21
The New Georgia Encyclopedia, http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-649 (last visited Nov.
25, 2008).
22
Id.
23
SherpaGuides.com, Cumberland Island National Seashore,
http://www.sherpaguides.com/georgia/coast/southern_coast/cumberland_island_national_seashore.html (last visited
Dec. 14, 2008).
24
Florida Natural Areas Inventory, County Occurrence Summaries. 2000, available at
http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008.
Georgia Natural Heritage Program, Rare Species Locations. 2000, available at
http://www.dnr.state.ga.uf/dnr/wild/natural.html#RARESP (last visited Nov. 24, 2008).
KBN Engineering and Applied Sciences, Inc. A Wetland Management Strategy for the St. Marys River Basin.
1992, available at http://74.125.45.132/search?q=cache:qbOeg7bEj3wJ:sjr.state.fl.us/technicalreports/pdfs/SP/SJ93SP7.pdf+A+Wetland+Management+Strategy+for+the+St.+Marys+River+Basin&hl=en&ct=clnk&cd=1&gl=us&cli
ent=safari (last visited Nov. 24, 2008).
25
11
Additionally, the St Marys basin provides large expanses of relatively undeveloped land that
provides ecological connections between areas outside the basin, such as the Satilla River basin
to the north, Okefenokee Swamp National Wildlife Refuge/Pinhook Swamp/Osceola Forest
complex to the west, and Upper Black Creek basin to the southwest, and the Nassau
River/Timucua Reserve/Lower St. Johns River to the southeast.26 These linkages are especially
important to foraging wading birds and species with large ranges such as the Florida black
bear.27 For example, both the Florida black bear and the red-cockaded woodpecker utilize
habitat in the southwestern portion of the St. Marys River watershed.28 Safeguarding the natural
resources in this area and providing ecological linkages to the Upper Black Creek basin would be
beneficial to these species.29 This proposed linkage would connect to the Ocala-Wekiva region
is the most likely location as other areas are limited by development.30
Inventories conducted by the Florida Natural Areas Inventory and Georgia Natural
Heritage Program have found the following endangered and threatened species in the St. Marys
River basin: wood stork (Mycteria americana), peregrine falcon (Falco peregrinus), redcockaded woodpecker (Picoides borealis), gray bat (Myotis grisescens), Kirtland’s warbler
(Dendroica kirtlandii), Florida black bear (Ursus americanus floridanus), American alligator
(Alligator mississippiensis), eastern indigo snake (Drymarchon corais couperi), Atlantic
sturgeon (Acipenser oxyrhynchus), and southeastern American kestral (Falco sparverius paulus),
least tern (Sterna antillarum), and Florida sandhill crane (Grus canadensis).31
The St. Marys River basin provides habitat to many species that are listed as rare or of
special concern in Florida or Georgia.32 Some of the species are relatively common in the basin,
even though on a statewide or national basis they are considered imperiled.33 These species
KBN Engineering and Applied Sciences, Inc, A Wetland Management Strategy for the St. Marys River Basin.
1992, available at http://74.125.45.132/search?q=cache:qbOeg7bEj3wJ:sjr.state.fl.us/technicalreports/pdfs/SP/SJ93SP7.pdf+A+Wetland+Management+Strategy+for+the+St.+Marys+River+Basin&hl=en&ct=clnk&cd=1&gl=us&cli
ent=safari (last visited Nov. 24, 2008).
26
27
Id.
28
Id.
29
Id.
30
Id.
31
http://www.fnai.org/fnaidata.htm. Last accessed 11/24/2008
Georgia Natural Heritage Program, 2000. Rare Species Locations. 2000, available at:
32
Florida Natural Areas Inventory, 2000. County Occurrence Summaries, available at
33
Pandion Systems, 2003. Saint Marys River Management Plan, available at
Florida Natural Areas Inventory, 2000. County Occurrence Summaries, available at
12
include: Sherman’s fox squirrel (Sciurus niger shermani), southeastern myotis [bat] (Myotis
austroriparius), Rafinesque’s big-eared bat (Corynorhinus rafinesquii), big brown bat (Eptesicus
fuscus), southeastern weasel (Mustela frenata olivacea), Atlantic saltmarsh mink (Mustela vison
lutensis), round-tailed muskrat (Neofiber alleni), Sherman’s short-tailed shrew (Blarina
carolinensis=brevicaulis), southeastern shrew (Sorex longirostris longirostris), gopher tortoise
(Gopherus polyphemus), Alligator snapping turtle (Macroclemys temminckii), Florida redbelly
turtle (Pseudemys nelsoni), spotted turtle (Clemmys guttata), eastern diamondback rattlesnake
(Crotalus admanteus), timber rattlesnake (Crotalus horridus), Florida pine snake (Pituophs
melanoleucus mugitus), pine woods snake (Rhadinaea flavilata), striped crayfish snake (Regina
alleni), striped newt (Notophtalmus perstriatus), gopher frog (Rana capito), carpenter frog (Rana
virgatipes), many-lined salamander (Stereochilus marginatus), flatwoods salamander
(Ambystoma cingulatum), bald eagle (Haliaetus leucocephalus), osprey (Pandion haliaetus),
Cooper’s hawk (Accipiter cooperii), swallow-tailed kite (Elanoides forficatus), merlin (Falco
columbarius), great egret (Ardea alba), reddish egret (Egretta rufescens), little blue heron
(Egretta caerulea), snowy egret (Egretta thula), tricolored heron (Egretta tricolor), limpkin
(Aramus guarauna), yellow-crowned night heron (Nyctanassa violacea), black-crowned night
heron (Nycticorax nycticorux), white ibis (Eudocimus albus), glossy ibis (Plegadis falcinellus),
least bittern (Ixobrychus exilis), black rail (Laterallus jamaicensis), American oystercatcher
(Haematopus palliates), brown pelican (Pelecanus occidentalis), black skimmer (Rynchops
niger), Caspian tern (Sterna caspia), royal tern (Sterna maxima), Sandwich tern (Sterna
sandvicensis), Bachman’s sparrow (Aimophila aestivalis), MacGillivray’s seaside sparrow
(Ammodramus maritimus macgillivraii), Worthington’s marsh wren (Cistothorus palustris
griseus), worm-eathing warbler (Helmintheros verminvorus), hairy woodpecker (Picoides
villosus), and the Panamerican balsamscale (Elyonurus tripacoides).34
Fisheries and Marine Mammals of the Saint Marys River Basin
The Saint Marys River basin supports a large number of fish species, including 52
species representing 17 families.35 Sunfish are the largest group of fish species found in the river
basin, with 15 of the 34 species represented.36 Both the minnow and catfish families are also
well represented, with six species from each family found in the St. Marys basin.37 Acidic
waters, extreme variation in flow, and low alkalinity limit fish production in the St. Marys
basin.38 Particularly important, there are 10 species of fish live in the St. Marys basin that are
considered to be either rare or endangered by Florida or Georgia.39 They include the Atlantic
sturgeon (Acipenser oxyrhynchus), common snook (Centropomus undercimalis), mud sunfish
34
35
Georgia Environmental Protection Division. 2002. Saint Marys River Management Plan, available at
http://www.gaepd.org/Documents/st_marys.html (last visited Nov. 24, 2008).
36
Id.
37
Id.
38
Id.
39
13
(Acantharchus pomotis), black-banded sunfish (Enneacanthus chaetodon), eastern mudminnow
(Umbra pygmaea), banded topminnow (Fundulus auroguttatus), and golden topminnow
(Fundulus chrysotus). Further, many consider the St. Marys River to be one of the best redbreast
sunfish rivers in the Southeast, as well supporting large bluegill and largemouth bass
populations.40 Also of note, the St. Marys is one of the few Southeastern coastal plain rivers to
be free of the invasive flathead catfish, which have serious detrimental impacts on native fish
populations.41
There have been several species of endangered marine mammals recorded in the waters
of the Atlantic Ocean, Cumberland Sound, and the St. Marys River estuary.42 The area
surrounding Cumberland Island is so important to the endangered northern right whale
(Eubalaena glacialis) that it is Federally protected as a calving ground.43 Additionally, the St.
Marys River estuary is used as a wintering ground by the endangered West Indian manatee
(Trichechus manatus).44 The estuary and beaches provide foraging and nesting areas for the
endangered Kemp’s ridley turtle (Lepidochelys kempii), the endangered leatherback turtle
(Dermochelys coriacea), the endangered Atlantic green turtle (Chelonia mydas), and the
threatened Atlantic loggerhead turtle (Caretta caretta).45
Protected Flora of the Saint Marys River Basin
Due to the pristine nature of the Saint Marys River, it is home to a variety of plant
species, with over 23 threatened or endangered plant species within the basin.46 Although these
species are protected under either Georgia or Florida law, there are no federally protected species
recorded within the St. Marys basin.47
Ecosystems of the Saint Marys River Basin
The Saint Marys River has been identified as a High Priority Site in an assessment of the
Southeastern Coastal Plain conducted by The Nature Conservancy in cooperation with state
natural heritage programs in the Southeastern states in 2002.48 The river is characterized by slow
40
Id.
Id.
42
Georgia Department of Natural Resources, A Comprehensive Wildlife Strategy for Georgia. 2005, available at
http://georgiawildlife.dnr.state.ga.us/Assets/Documents/cwcs/13_SouthernCoastalPlain.pdf (last visited Nov. 24,
2008).
43
Id.
44
45
2008).
46
47
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2008).
41
14
stream flow and many meanders.49 White sandbars, clay or limestone banks, sandy bluffs,
cypress-gum swamps, bottomland hardwood forests, pine flatwoods, tidal swamps, sawgrass
flats and coastal marshes are important natural ecosystems along this blackwater river corridor.50
Protection of the river floodplains will maintain important wildlife migration corridors between
the Okefenokee Swamp, the coastal wetlands of Georgia and Florida, and the lands of the
Osceola National Forest.51 In addition, the Georgia Department of Natural Resources, in its
Comprehensive Wildlife Conservation Strategy has named the St. Marys River a High Priority
Water, which are chosen based on occurrences of high priority species, high water quality
rankings (based on Index of Biotic Integrity scores), and designation as an exemplary stream by
The Nature Conservancy.52
The Saint Marys River basin lies within the Coastal Plain physiographic province, which
extends from South Carolina and Georgia through much of central Florida, and along the Gulf
coast lowlands of the Florida Panhandle, Alabama, and Mississippi.53 The St. Marys lies within
the Okefenokee Basin District and the Barrier Island Sequence District physiogeographic
regions. The Okefenokee Basin District is characterized by low topographic relief, many
extensive swamps and bays, and sand ridges.54 There are some highly acidic natural lakes with
low clarity and tannic waters.55 Cypress, swamp blackgum, and bay forests are common, among
scattered areas of prairie comprised of grasses, sedges, and aquatic plants.56 The surrounding
area is mainly pine forest with areas of forested wetlands.57 The Barrier Island Sequence District
is characterized by prominent marine terracing forming a step-wise progression on increasing
altitudes extending from the coast.58 Previous higher sea levels produced barrier island-salt
marsh environments similar to the ones found presently on the coast.59 The terraced sand ridges
today are the former barrier island salt marshes.60
The Saint Marys River goes through three distinct physical changes beginning in the
Okefenokee Swamp before finally reaching the Cumberland Sound 130 river-miles later.61 At
the headwaters, the river is narrow and winding, with many white sandbars and mostly cypress
and tupelo trees.62 The middle portion, extending from Traders Hill to U.S. 17, is wider and
typified by bottomland hardwood swamp and sandy bluffs.63 The final portion of the river, from
49
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2008).
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15
U.S. 17 to Cumberland Sound, is tidally influenced and experiences flow reversal twice daily.64
Common native species found in the St. Marys basin include bald cypress, longleaf pine, black
gum, southern magnolia, red maple, American holly, poplar, black willow, river birch and many
oak species.65 Native wildlife in the area include osprey, bald eagle, white-tailed deer, black
bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise, American alligator and indigo
snake.66
Water Quality
The Saint Marys River is designated a Class III water in Florida (suitable for recreation,
propagation and maintenance of a healthy, well-balanced population of fish and wildlife) and a
designated use of Fishing in Georgia.67 Among the many agencies and entities studying the
water quality of the St. Marys, there is a general consensus that much of the main stem of the
river has good water quality, with some areas of fair water quality in proximity to developed
areas.68 This generally good water quality is attributed in part to large-tract ownership and
stewardship, along with the use of best management practices.69 Good water quality indicates
the water body is meeting its designated use, while fair indicates that there are times when the
designated use is not being attained.70 It is important to note that the fair water quality in the
headwaters is due to low dissolved oxygen content, which is natural in blackwater streams due to
higher rates of decomposition.71
By far the most common reason for a listing of “impaired” is due to low dissolved
oxygen, in 7 of the 11 non-supporting streams.72 In the remaining portions of the St. Marys that
have only fair water quality, elevated nutrient concentrations and fecal coliform are responsible
above Macclenny, in the Little St. Marys River, and in estuarine portions of the river.73
Additionally, near Macclenny, point discharges and stormwater runoff may be influencing water
quality in both the Cedar Creek and South Prong tributaries.74 Some of the impaired waters that
are listed due to either nutrients or fecal coliform additionally are listed as impaired based on fish
consumption limitations.75 This is due to atmospheric deposition of mercury from coal burning
power plants, which is a serious problem for many rivers in the Southeastern United States.76
The EPA has recently taken steps to reduce mercury emissions from these power plants.77
64
Id.
Id.
66
Id.
67
68
Id.
69
Id.
70
Id.
71
Id.
72
Id.
73
Id.
74
Id.
75
Id.
76
Id.
77
Id.
65
16
Additionally, some stream segments with fair water quality are not listed in the TMDL program
of the Federal Clean Water Act.78 For example, Deep Creek, which flows into the St. Marys east
of the South prong, has had elevated nutrient concentrations that may be the result of septic tank
influences, urban runoff, and agriculture from the Baldwin area.79
The EPA has listed 12-point source discharges in the St. Marys River basin regulated
under the National Pollutant Discharge Elimination System (NPDES) (See Table ?).80 Municipal
wastewater treatment plants are among the most significant point sources in the St. Marys River
basin.81 Pollutants associated with treated wastewater include pathogens, nutrients, oxygendemanding waste, metals, and chlorine residuals.82 Georgia has worked to upgrade the
municipal waste treatment plants in the St. Marys River basin, resulting in reductions in
pollutants loading and improvements in water quality below wastewater treatment plant
outfalls.83 Within the St. Marys basin, there were 0 miles of rivers/streams that were not
supporting their designated uses from municipal waste treatment plants.84 Some of these sources
have the potential to affect water quality in the river’s tributaries, but as yet the impact on the
main river’s water quality has been minor.85 Additionally, many of the tributaries have intact
floodplain wetlands, which naturally remove pollution and sediments.86
Table 1. NPDES wastewater dischargers in St. Marys River basin. Adapted from St. Marys
River Management Plan.
Facility Name
Receiving Water
Discharge Type
Location
Eastwood Oaks
Apartments
Fernandina Beach
Municipal Treatment
Plant
Folkston Pond
Polishing pond
Domestic
Hilliard, FL
Amelia River
Municipal
Fernandina Beach, FL
Tributary to Spanish
Creek
St. Marys River
Unnamed stream
Amelia River
Amelia River
Little Catfish Creek
Turkey Creek
Amelia River
Municipal
Folkston, GA
Industrial
Municipal
Industrial
Industrial
Municipal
Municipal
Domestic
St. Marys, GA
Hilliard, FL
Fernandina Beach
Fernandina
Kingsland, GA
Macclenny, FL
Amelia River
Corporacion Durango
Hilliard
ITT Rayonier
Smurfit-Stone
Kingsland Pond
Macclenny WWTP
Marsh Cove
Apartments
78
Id.
Id.
80
81
Id.
82
Id.
83
Id.
84
Id.
85
86
Id.
79
17
Northeast Florida
State Hospital
St. Marys WWTP
Turkey Creek
Domestic
Macclenny, FL
St. Marys River
Municipal
St. Marys, GA
Typical pollutants in urban storm water runoff include pathogens, heavy metals, debris,
oil and grease, petroleum hydrocarbons and various other toxic compounds poisonous to aquatic
life.87 Urban storm water runoff in the St. Marys basin has been recognized as a source of
pollutants such as oxygen-demanding waste and fecal coliform bacteria.88
The headwaters that form the St. Marys are distinguished by high acidity and color, and
low dissolved oxygen at times.89 This is most common during the summer when decomposition
accelerates in adjoining swamps, especially the Okefenokee.90
The middle portion of the St. Marys River (from Macclenny to Folkston/Boulogne) has
excellent water quality, with favorable dissolved oxygen content and low suspended solids.91
However, several tributaries feeding this portion of the river are listed as impaired, and one
NPDES discharger, the city of Folkston water treatment plant, discharges into Spanish Creek.92
The lower portion of the St. Marys River has more complex water quality based on tidal
and saline influences that affects both water clarity and dissolved oxygen content.93 The river is
also influenced by point sources from wastewater discharges in and around the towns of St.
Marys, Kingsland, and Fernandina Beach.94 These portions of the river do not fully support their
designated uses because of fish consumption guidelines, dissolved oxygen, nutrients, total
suspended solids, and fecal coliform.95
Recent Water Quality Data
Using water quality data provided by the Saint Johns Water Management District, the
following graphs represent nutrient levels in four locations along the St. Marys River. The
nutrients chosen are dissolved ammonia, nitrogen oxide, and phosphates. The first location
(Near SR 2) is farthest upstream, followed by the location near Macclenny, the location west of
Trader’s Hill, and finally the location near U.S. 17, closest to Cumberland Sound. Based on the
average dissolved nutrient levels in the four locations along the St. Marys, the levels for all three
appear to be relatively low. The station near Macclenny has slightly higher values for both
nitrogen oxide and phosphates, which is likely explained by the larger amount of development,
87
88
Id.
89
90
Id.
91
Id.
92
Id.
93
Id.
94
Id.
95
Id.
18
and point source discharges. See Appendix ___ for a print out of other tested water quality
indicators.
Table 2. Average Dissolved Levels of Nitogen Oxide, Ammonia, and Phosphates Along the St.
Marys From 2006-2008.
NOx (mg/L)
0.032
0.147
0.067
0.051
Station
S.R. 2
Macclenny
Trader’s Hill
U.S. 17
NH4 (mg/L)
0.042
0.024
0.027
0.031
PO4 (mg/L)
0.028
0.061
0.027
0.018
Nutrient Levels on the St. Marys Near SR 2 from 2006-2008
0.14
0.12
0.1
0.08
Nox
NH4
PO4
0.06
0.04
0.02
0
2/7/06
-0.02
19010006
4/5/06
6/6/06
8/9/06 10/5/06 12/7/06 2/8/07 4/24/07 8/9/07
SR 2
Time
19
4/9/08 6/12/08 8/6/08
Nutrient Levels on the St. Marys Near Macclenny from 2006-2008
0.3
0.25
0.2
Nox
NH4
PO4
0.15
0.1
0.05
0
2/15/06
4/14/06
6/15/06
02231000
10/5/06
12/7/06
2/8/07
4/24/07
8/9/07
4/9/08
8/6/08
Mcclenney
Time
Nutrient Levels on the St. Marys Near Trader's Hill from 2006-2008
0.18
0.16
0.14
0.12
Nox
NH4
PO4
0.1
0.08
0.06
0.04
0.02
0
2/15/06 4/5/06
SJA-HS1018
6/6/06
8/9/06 10/5/06 12/7/06 2/8/07 4/23/07 8/9/07
Traders Hill
Time
20
4/9/08 6/12/08 8/6/08
19010001
21
Time
US 17
6/4/08
4/2/08
1/7/08
12/4/07
11/6/07
10/4/07
9/6/07
7/31/07
7/9/07
6/4/07
5/1/07
4/3/07
3/5/07
2/7/07
1/10/07
12/6/06
11/15/06
10/2/06
9/6/06
8/8/06
7/5/06
6/14/06
5/3/06
04/04/2006 00:00
3/2/06
2/1/06
1/4/06
Nutrient Levels on the St. Marys near US 17-2006-2008
0.18
0.16
0.14
0.12
0.1
0.08
Nox
NH4
PO4
0.06
0.04
0.02
0
Recreational Significance
Recreational and sightseeing uses of the St. Marys River are quoted as being the primary
uses of the River.96 Frequent use of the River for boating, canoeing, and kayaking activities is
apparent upon visiting the St. Marys. The St. Marys River Canoe Trail is officially designated as
part of Florida’s Statewide System of Greenways and Trails.97 In 2000, 17 public access sites on
the main River were identified, with 7 located on the Florida side.98
Figure 4. Public Access Sites Along the St. Marys River.
Adopted from the St. Marys River Management Plan.
Naturally, fishing also thrives on the St. Marys River. Over 65 species of fish have been
identified in the River.99 At the Rivers’ mouth, redfish, flounder, and spotted sea trout are
96
St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide,
available at http://www.sjrwmd.com/stmarysriverguide/index.html.
97
The Florida Department of Environmental Protection, St. Marys River Canoe Trail, available at
http://www.dep.state.fl.us/gwt/guide/regions/north/trails/st_marys_river.htm
98
99
St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River Guide,
available at http://www.sjrwmd.com/stmarysriverguide/index.html.
22
abundant, while largemouth bass, panfish, and catfish are popular species in the middle and
upper portions of the River.100 Florida and Georgia agree on fishing and boating regulations in
the form of a Reciprocal Agreement, which mainly assigns each state’s regulations to that side of
the River.101 These regulations are supported through sufficient enforcement of activities on the
River.102
Abundant wildlife in the St. Marys River basin area also support wildlife-related
recreational activities, including bird watching, hunting, and general sightseeing.103 Unique
plant and animal species that support these activities are bald cypress, black gum, southern
magnolia, red maple, American holly, poplar, black willow, river birch, various oaks, osprey,
bald eagle, white-tailed deer, black bear, bobcat, raccoon, manatee, otter, beaver, gopher tortoise,
alligator and indigo snake.104
In addition to these recreational offerings of the St. Marys River, five major public
recreational sites are located on the River, two being national sites and three Florida sites. The
two National sites are Okefenokee Swamp National Wildlife Refuge and Cumberland Island
National Seashore.
Okefenokee Swamp National Wildlife Refuge in Georgia is the originating source for the
St. Marys River. This wildlife refuge is the largest in the eastern US, made up of a 396,000-acre
peat bog.105 Due to the vast array of wildlife and ecosystems, an equally wide array of
recreational activities are offered by the refuge.106 These activities include camping, water trails,
and fishing platforms inside the refuge, and boating, driving tours, hunting, picnicking sites,
camping, cabins, boardwalks, and observation tower on the refuge’s perimeter.107 Also offered
by the Refuge are a visitor’s center and museum, and the Chesser Island Homestead, an original
1927 log cabin used by the Chesser family of Florida.108
The Cumberland Island National Seashore is 16-mile barrier island.109 Largely
undeveloped, the salt marshes and white-sand beaches provide habitat for a large variety of
wildlife and ecosystems.110 21 hiking trails, camping, and picnicking are available ways to view
the island’s natural and historical offerings, as it also contains a number of historic structures and
ruins.111
100
St. Marys River Management Committee and St. Johns River Water Management District, St. Marys River
Guide, available at http://www.sjrwmd.com/stmarysriverguide/index.html.
101
102
Id.
103
Id.
104
Id.
105
Id.
106
Id.
107
Id.
108
Waymarking.com, Chesser Island Homestead, available at http://www.waymarking.com/waymarks/WM2BFZ
109
110
Id.
111
Id.
23
The Florida sites are Ralph E. Simmons Memorial State Forest, John M. Bethea State
Forest, and Fort Clinch State Park. The Ralph E. Simmons Forest consists of pine forests,
cypress swamps, wetlands, oxbow lakes, and the St. Marys River.112 This forest offers vast
recreational opportunities to its visitors, including hiking, horseback riding, off-road bicycling,
primitive canoe access, riverside camping, group camping, and various hunting seasons for deer,
turkey, hog, and more.113 John M. Bethea State Forest, located in Baker County, serves
primarily as a wildlife corridor between the Okefenokee National Wildlife Refuge and the
Osceola National Forest.114 The Forest occupies 2.9 miles of the River, and houses a variety of
natural ecosystems, including flatwoods, basin swamp, dome swamp, wet flatwoods and
bottomland forest.115 Recreational activities in the Forest include fishing, canoeing, horseback
riding, and hunting.116 Fort Clinch is located at the northern tip of Fernandina Beach, at the
mouth of St. Marys River.117 The park is made up of white quartz sand beaches, salt marshes,
tidal creeks, coastal hammock forests, and high dunes.118 The Park offers visitors natural trails,
fishing/viewing pier, campgrounds, picnic areas, the Atlantic beach, and Fort Clinch itself, used
by both armies in the Civil War.119
Other significant recreational sites are located in the watershed of the St. Marys River.
These include the Pinehook Swamp/Osceola National Forest complex, Cary State Forest and
Wildlife Management Area, Lake Butler Wildlife Management Area, and Nassau Wildlife
Management Area.120
Pinehook Swamp/ Osceola National Forest is located in Baker and Columbia Counties in
Florida.121 The Florida Trail (a part of Florida statewide Greenways and Trails, also certified as
a National Scenic Trail by the USDA Forest Service) runs through the Osceola.122 The complex
allows visitors a variety of recreational activities, such as camping, hiking, fishing, hunting,
swimming, and auto tours.123 A reenactment of the Civil War Battle of Olustee also takes place
yearly.124 Cary Forest, half of which lies in the St. Marys’ watershed, provides similar
recreation, such as picnicking, hunting, and wildlife observations on the St. Marys River.125 The
112
Id.
114
St. Johns River Water Management District, John M. Bethea State Forest, available at
http://www.sjrwmd.com/recreationguide/n08/
115
Id.
116
Id.
117
The Florida Department of Environmental Protection, Fort Clinch State Park Trails, available at
http://www.dep.state.fl.us/gwt/guide/regions/north/trails/fort_clinch.htm
118
119
Id.
120
Id.
121
The Florida Department of Environmental Protection, The Florida Trail in the Osceola National Forest,
available at http://www.dep.state.fl.us/gwt/guide/regions/north/trails/osceola_forest.htm
122
Florida Trail Association, http://www.floridatrail.org/
123
124
Id.
125
Id.
113
24
Lake Butler area and Nassau areas, privately owned land managed under cooperative
agreements, also provide similar opportunities, including lake fishing in Lake Butler.126
Currently, the St. Marys River Management Committee (SMRMC) has several initiatives
aimed at protecting the St. Marys’ recreational value.127 First, members are active in the
cleaning, restoring, and improvement of two river boat ramp/access points.128 Second, the
SMRMC and the St. Johns River Water Management District published The St. Marys River
Guide, a guide and foldout map to the river and public recreation and access points.129
The Florida Department of Environmental Protection, in its 2000 Statewide
Comprehensive Outdoor Recreation Plan (SCORP), cited the St. Marys River as a primary
natural feature of the Northeast Region.130 The SCORP identified bicycle riding, freshwater beach, and saltwater non‐boat fishing as the biggest recreational needs for 2000.131 The
pristine status of this blackwater river provides sanctuaries for high fish and wildlife populations,
providing optimal conditions to support these prescribed recreational needs. Further, the FDEP’s
2000 SCORP suggested these initiatives as part of its management recommendations:
3. As Florida continues to become more urban, conservation and recreation lands are increasingly threatened by land use decisions that fragment and degrade the ecosystems of which they are a part. Land managers, elected officials, and decision‐makers at all levels must work cooperatively to ensure that the ecological connections and functions essential to the long‐term sustainability of our public lands are preserved. 4. Water‐based recreation is important to Florida’s economy and quality of life. Yet, many water bodies are unsuitable for recreational use due to pollution. Land managing agencies, local governments, the DEP and the water management districts should work cooperatively to improve the management of surface waters and preserve or restore their suitability for water‐based recreation.132
The SCORP also suggested that for the specific activity of water‐based recreation, “government at all levels should aim to maintain the State’s fresh and saltwater resources in a fishable, swimmable condition through enforcement of water quality regulations, education, technical assistance, improvement of aging or nonexistent storm water and wastewater treatment systems, and site‐specific lake and river restoration projects.”133 126
Id.
Id.
128
Id.
129
130
The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan, 2000,
available at http://www.dep.state.fl.us/parks/planning/#Comprehensive
131
Id.
132
Id.
133
Id.
127
25
These initiatives taken directly from FDEP show the importance of protecting the St. Marys River for its recreational value. Designating the River as an OFW will ensure that these activities can and will continue for its local users and visitors alike. A 2007 SCORP is currently being drafted. In their projections for 2007 and beyond, the
Northeastern region (including the St. Marys River basin area) holds the second highest
projected use in the state for the water and land use categories of freshwater boat fishing,
freshwater boat ramp use, RV/Trailer camping, and horseback riding.134 This area also places
third for freshwater non-boat fishing.135 The 2007 draft also recognizes boat ramps as a special
area of concern in relation to Florida’s exponential growth patterns.136 The draft, claiming that
“the “mom-and-pop” marinas and fishing camps of Florida’s past have all but disappeared from
the scene” identified public access for recreational boating as declining due to the emergence of
coastal land development.137
134
The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan Draft,
Chapter 5, 2007, available at http://www.dep.state.fl.us/parks/planning/#Comprehensive
135
Id.
136
The Florida Department of Environmental Protection, Statewide Comprehensive Outdoor Recreation Plan Draft,
Chapter 6, 2007, available at http://www.dep.state.fl.us/parks/planning/#Comprehensive
137
Id.
26
Accomplishments of the St. Marys River Management Committee
The St. Marys River Management Committee was formed in 1991. Since that time, the
committee has evolved into a group whose primary focus is to audit local management of
the river and develop and maintain a management plan to guide the river’s future. The
committee consists of volunteers who represent the four counties that border the river and
form the dominant portion of the basin: Charlton and Camden counties in Georgia, and
Baker and Nassau counties in Florida. In 1993, the governments of these four counties
approved an interlocal and interstate agreement to cooperatively support the committee,
prepare a local river management plan and advise the county commissioners on river
issues. As part of its river management planning process, the committee holds monthly
public meetings to hear from and discuss issues with representatives of local, regional
and state governments from Georgia and Florida. The committee also sponsors the St.
Marys River Celebration, an annual river cleanup held in March. In addition, the Georgia
Department of Natural Resources, the St. Johns River Water Management District and
the Florida Department of Environmental Protection are engaged in ongoing waterquality monitoring and assessment efforts in the St. Marys River basin.138
The St. Marys River Management Committee (SMRMC) is a very active
organization, effectively creating multi-county agreements and continuing to work on the
River’s physical state and recreational value.139 The most current example is an agreement
from all four counties to establish and maintain a 150 foot septic setback for properties on the
river.140
In 2003, the SMRMC released the St. Marys River Management Plan (the Plan),
complete with a four-county resolution between the 4 main bordering counties to adopt and
follow the Plan.141 The Plan is a comprehensive, well-researched document containing
specific goals and guiding principals for the SMRMC and the 4 county governments. The
Plan’s top 12 initiatives are:
1. Establish consistent and adequate septic system setbacks on both Florida and Georgia
sides of the river.
2. Promote bank-to-bank legislation to unify recreation and wildlife management laws.
3. Establish a St. Marys River library/information clearinghouse/database for use by the
SMRMC, citizens and local governmental agencies.
4. Monitor Total Maximum Daily Load (TMDL) programs in both states.
5. Evaluate each County's land use pattern as reflected in their Comprehensive Plans and
encourage consistency with river protection, using Best Management Practices (BMPs),
and similar measures.
6. Encourage proper maintenance of septic systems within the river corridor.
138
139
140
Personal Communication with Merrill Varn, St. Marys River Management Committee member.
141
27
7. Design shoreline guidelines/incentives e.g. river corridor, vegetative buffers, and
setbacks.
8. Promote conservation easements and/or less-than-fee acquisitions that maintain a forestbased economy and protect river resources by continuing compatible agricultural uses,
such as tree farming.
9. Continue and expand annual river cleanups.
10. Continue and expand publications programs: River Guide, POSM newsletter, and
website.
11. Integrate the St. Marys River management plan into other natural resource management
plans, comprehensive plans, and conservation programs on an on-going basis.
12. Hire cost-effective Committee administrative assistance to enhance effectiveness and
communication - emphasize outsourcing.142
In addition to the SMRMC’s continued negotiations with county governments and
landowners, they strive to maintain the River’s condition through annual St. Marys River
Celebrations in March, which ask the public to help volunteers cleanup various sites on the
River.143 In 2007, for instance, about 525 volunteers from Florida and Georgia attended the
celebration to help clean up 45,000 pounds of garbage in the River and on its banks.144
The SMRMC also continues to support and encourage public knowledge about the
River and the recreational activities it has to offer. In conjunction with the St. Johns River
Management District, the SMRMC published the “St. Marys River Guide” (the Guide) in
order to further this objective.145 “The Guide lists opportunities to see the basin’s wildlife
and sites for environmental education along with providing camping and visitor information,
the river’s history and brief descriptions with photos of the river as it flows from the
Okefenokee to the southern end of Cumberland Island, Georgia.”146 While there are digital
copies of the Guide online, the hard copy version is printed on water resistant paper for
convenient on-site use and the maps show mileage from point to point along the river.147
142
Id.
St. Marys River Management Committee, The 2007 St . Marys River Celebration Fact Sheet, available at
http://www.saintmarysriver.org/news.html
144
Lil Spinks, River celebration 'a great cleanup all the way around', Fernandina Beach News, March 27, 2007.
145
146
Id.
147
Id.
143
28
Current and Future Ownership of the River
The St. Marys River is surrounded by a variety of land uses, the majority being
comprised of timberlands and forests.148 In Florida, 90% of Baker County and 80% of Nassau
County are comprised of dense forests.149 Similarly, the majority of the River’s basin land is
used for forestry-related activities as well.150 The following landcover map of the St. Marys
River basin also illustrates the presence of some pockets of urban development that mix into the
“agriculture and rangelands” property.151
Figure 5. Landcover of the St. Marys River Basin.
This presence of the timber industry on the River has continued since the early 1900s.152
In the Economic Characteristics section of the St. Marys River Management Plan (the Plan), a
large forest products industry was cited as the main “breadwinner” of the manufacturing sector,
148
149
150
Id.
151
152
29
bringing in $500 million in paper mills alone.153 Among the top landowners of the timber
industry are Plum Creek Timberlands LP with 41,219.46 acres, and Rayonier Forest Resources
LP with 19,302.45 acres.154
Table 3. Manufacturing Industry Sector of the St. Marys Basin Area.
In Florida, the number of major developments proposed or existing in the River basin has
stayed at a low level. In both Baker and Nassau Counties, there are no Developments of
Regional Impact (DRIs) that exist or are being proposed in the River basin.155
As to the future development and ownership patterns of the River, timber harvesting and
forestry will likely remain the top use of the River’s banks in Baker County.156 However, in the
more coastal areas of Nassau County, commercial, residential, and industrial use of the River is
likely to grow.157 The Plan shows these patterns, with timber remaining in Baker County, and
residential development popping up towards the mouth of the River in Nassau County.158 The
153
154
Baker County, Baker County Strategy for St. Marys River (Draft), p. 3.10, 2007.
155
Personal Communication, Carolyn Bissonette, Baker County, and Anita Dobrosky, Nassau County
156
157
Id.
158
30
projected 2010 Nassau County Comprehensive Plan also shows more closely the areas of the
River’s watershed that hold considerable pockets of low density residential zoning, with some
medium-density and commercial zoning spotting the River as well.159
Figure 6. Generalized Future Land Use of Nassau and Baker Counties.
Figure 7. Nassau County Comprehensive Plan Map, 2010.
159
Nassau County Florida, 2010 Comprehensive Plan Map, available at
http://www.nassauflbuilding.com/GIS/Map_PDFs/Nassau%20Comprehensive%20Plan.pdf
31
The Plan also states: “land uses will change as real estate values increase and forestry and
farmland is converted to residential and commercial development. This has been the pattern of
change along other coastal rivers and could be the future for the St. Marys. Failure to gain
community consensus on the value of the natural assets in the St. Marys River basin will result in
losses of natural resources and water quality as the pressures of new land development encroach
on the region.”160
On Georgia’s side of the River, similar ownership patterns exist to those in Florida. In
Camden County, a majority of the River basin area is zoned “agriculture forestry”. 161 Towards
the easternmost end of the River towards its mouth, however, a majority of the land is zoned
“conservation preservation”. 162 Some additional zoning situated on the River bank itself are
pockets of “agriculture residential”, “single family residential”, “multi-family residential”, and
“historical district.”.163 In Charlton County, the majority of the River is surrounded by forest and
recreation lands, with a few spots of residential land.164
160
161
Camden County, Camden County GIS Map, available at
http://www.camdencountymaps.com/activexframeset.cfm?cfid=1192656&cftoken=90089054
162
Camden County, Camden County GIS Map, available at
http://www.camdencountymaps.com/activexframeset.cfm?cfid=1192656&cftoken=90089054
163
Id.
164
Charlton County Comprehensive Plan, Land Use Section, available at
http://www.dca.state.ga.us/development/PlanningQualityGrowth/programs/downloads/plans/CharltonCompLandUs
e.pdf
32
Figure 8. Charlton County Land Use Map, 2004.
As to future development of Camden and Charlton Counties, an extensive number of
developments have been approved or are already established.165 The lists below introduce these
developments, some of which are considered DRIs. Charlton County’s future land use map also
shows increases of residential lands on the River.166
Figure 9. Charlton County Future Land Use Map, 2004.
165
Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources.
Charlton County Comprehensive Plan, Land Use Section, available at
http://www.dca.state.ga.us/development/PlanningQualityGrowth/programs/downloads/plans/CharltonCompLandUs
e.pdf
166
33
CHARLTON:

Chesser Island Road MSW Landfill Phase IV in unincorporated Charlton. Initial form
submitted 8/21/2006. It has been determined that this project warrants regional review,
but no findings have been made. This project will expand the existing landfill by more
than 50% and will take 40 years to complete. The estimated cost is $20 million. 2% of
the site will be impervious cover.
CAMDEN:
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King’s Grant in the City of Kingsland. Initial info form submitted 8/12/2008. It has
been determined that this project warrants regional review, but that review has not been
completed. This is a mixed use project consisting of 393 residential units, including
single- and multi-family units. The project will also include a daycare center, parks,
playgrounds, a general store, a meeting hall, and walking paths. The estimated cost is
$60,000,000. 45% of the site will be impervious cover. Detention ponds are proposed to
mitigate impacts on stormwater management. The development will either be located in,
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or will affect wetlands, which has been permitted by USACOE. The site is projected to
require 0.112 MGD of water and will create 0.112 MGD of sewage.
Cabin Bluff in an unincorporated area of the county. Initial info form submitted
7/14/2008. It has been determined that this project is in the best interest of the region and
therefore the state. It is a mixed use development on 17,720 acres, consisting of 15,501
acres of uplands and 2,219 acres of wetlands. The estimated cost is $21,225,000,000. It
is estimated the site will require 15.226 MGD of water and the existing water supply
capacity is insufficient to serve the project. It is estimated that the site will produce 9.949
MGD of sewage and there is insufficient wastewater treatment capacity for the project.
Additionally, transportation improvements will be required to serve the project. It is
projected that less than 15% of the site will be impervious cover. The development will
be located in, or will likely affect, floodplains, historic resources, and other
environmentally sensitive resources.
Brant Creek in the City of St. Marys. Initial info form submitted 3/11/2008. It has been
determined that this project is in the best interest of the region and therefore the state.
This is a 16.57 acre housing project to be developed into 252 apartments. The estimated
cost of this project is $12,000,000. The estimated water supply demand is .053 MGD and
the estimated sewage created is .053 MGD. Existing facilities are sufficient to support
these demands. Less than 16% of the site will be impervious cover, and retention ponds
are proposed to mitigate the impacts on stormwater management. The project will be
located in, or will likely affect, wetlands
Haven Park in City of St Marys. Initial form submitted 3/11/2008. It has been
This is a 43.5 acre housing project, to be developed into apartments and townhomes, 358
units total. The estimated cost is $27,000,000. The estimated water supply demand is
0.12 MGD, and the estimated sewage created is 0.12 MGD. There is sufficient water
supply, but insufficient wastewater treatment capacity for the project. 55% of the site
will be impervious cover, but this does not include wetlands and lake area. The project
will be located in, or will likely affect, wetlands areas.
Villages of Kingsland in City of Kingsland. Note: this land is to be annexed to the city.
Initial form submitted 10/1/2007. It has been determined that the project is in the best
interest of the region and therefore the state (with conditions). This is a 14,898 acre
mixed use project. The proposed uses are: 40,000 residential units, 13,500,000 sq ft of
industrial development and 9,500,000 sq ft of commercial used. The estimated cost of
this project is $9.5 billion. The regional work force is not sufficient to fill the demand of
this project. The estimated water supply demand is 16 MGD, and there is not sufficient
water supply capacity currently. Five new wells will be drilled to fix meet the water
needs of the site. 12 MGD of waste will be created by the project, and there is
insufficient wastewater treatment capacity available, therefore, a new treatment plant is
required. In addition, transportation improvements are needed to meet the increased
traffic volume. GDOT plans to widen SR 40 and Colerain Rd. to 4 lanes, and Camden
County will improve Springfield Rd. It is project that the site will generate 180,000 tons
of solid waste annually, so Camden will either have to expand the existing landfill or
modify the C&D Industrial landfill. 32% of the site will be impervious cover. To
mitigate the effects, a serious of ponds will control runoff and will release stormwater at
rates equal to pre-developed rates. Additionally, buffers will be created where “practical
35
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and effective.” Wetlands will likely be affected by new infrastructure which will serve
the project.
River Trail Planned Development in an unincorporated area of Camden County.
Initial form submitted 9/25/2007. It has been determined that the project is in the best
interest of the region and therefore the state. This is a 5,375 acre mixed use project with
~1,400,000 sq ft in commercial space and ~12,500 residential units, with recreational,
institutional, municipal and civic uses. It is estimated that this project will be complete in
2037, with an estimated cost of $3.4 billion. It will displace 3,780 acres of pine stands.
The water demand will be 3.65 MGD; a new groundwater well and tank will required to
meet that demand. The site will create 3.65 MGD of sewage per day, and an expansion
of an existing treatment plant will be required. A sewer line extension of 7.5 miles is also
required. Transportation improvements will be needed to meet the increased traffic flow,
and they will include a new interchange at I-95 and Ella Church Park Rd. Additionally,
improvements may be needed for Ella Park Church Rd. and Dover Bluff Rd. 32% of the
site will be impervious cover. Floodplains and wetlands will likely be affected by this
project.
Lampadoshia Planned Development in an unincorporated area of Camden County.
(possibly terminated)
Driggers Kingsland Southern Tract in Kingsland. Initial form submitted 5/29/2007.
It has been determined that this project is in the best interest of the region and therefore
the state. This is a 154.7 acre mixed used development. There will be 481 housing units
located on this tract, with some acres set aside for future commercial development. The
project will be completed in 2015, with an estimated cost of $100 million. The estimated
water supply demand is 0.20 MGD, and a 1 mile water line extension will be required.
The estimated sewage generated is 0.18 MGD, and a 0.4 mile sewer line extension is
required. 50% of the site will be impervious cover. Stormwater will be collected in
detention ponds and will be released at pre-development rates. A small portion of
wetlands may be affected. No mitigation measures are indicated.
South Grove Multifamily Development in the City of Kingsland. Initial form
submitted 3/29/2007. It was determined that this project is in the best interest of the
region and therefore the state. This is a housing development of 71 single-family
attached units, 161 townhomes, and 450 multifamily units. The estimated cost it $80
million. The water supply demand will be ~0.235 MGD and ~0.188 MGD of sewage
will be generated. The waste water treatment plant will need to be expanded to meet the
demands of the site. Transportation improvements are required, but none are indicated.
45% of the cover will be impervious. To mitigate stormwater affects, retention ponds are
planned. Wetlands and other environmentally sensitive resources will likely be affected
by the project; therefore, 0.87 acres of isolated wetland will be mitigated offsite.
Sail Cove in the City of St. Marys. Initial form submitted 3/2/2007. It is determined that
this project warrants regional review, but no findings have been made. This is a
commercial project to be completed in 2010, with an estimated cost of $51 million. The
estimated water supply demand is 0.080 MGD, and 0.2 miles of water line extension will
be needed. The estimated sewage is 0.073 MGD. The DRI plan is to get permits to
expand two plants to 4 MGD and 6 MGD. Additionally, 0.2 miles of sewer lines are
required. The developer is required to complete a traffic study to accommodate the
36
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additional 2288 peak hour vehicle trips per day. 82% of the site will be impervious
cover; to mitigate the stormwater effects, retention ponds will be created.
Kingsland Plantation in City of Kingsland. Initial form submitted 2/9/2007. The
project warrants regional review, but no finding has been made as of yet. This is a
proposed 765 acre housing project which will ultimately cost $170 million. 695 single
family units on 695 lots are proposed. The estimated water need is 0.271 MGD, and 13
miles of water line extension will be required. The estimated sewage generation is 0.271
MGD, and the wastewater treatment plant will need to be expanded from 2.2 MGD to 4.4
MGD. 14 miles of sewer line extension will also be required. Transportation
improvements are needed, but none are proposed. 24% of the site will be impervious
cover, and no mitigation measures are proposed. Wetlands and floodplains will likely be
affected from road and utility construction; no mitigation measures are proposed.
Lake Oleander West in Kingsland. Initial form submitted 12/26/2006. It has been
determined that this project warrants regional review. This is a ~127 acre housing
development, with 255 single family units and 30 duplex units proposed. 32% of the site
will be impervious cover, but not mitigation measures are apparent.
Riverfront Estates in an area of unincorporated Camden County. The initial form was
submitted 12/5/2006. No determinations have been made. This is a housing project with
294 new lots. The estimated completion date is 2015.
Waters Edge in Kingsland. Initial for submitted 8/31/2006.
Durango Paper Mill Project in Kingsland. Initial form submitted 7/6/2006. It has been
Osprey Cove Phase IV in St. Marys. Initial form submitted 6/30/2006. It has been
Kingsland West in Kingsland. Initial form submitted 6/15/2006. It has been determined
that this project is in the best interest of the region and therefore the state.
Cypress Point in Kingsland. Initial form submitted 6/15/2006. It has been determined
Bay Tree in Kingsland. Initial form submitted 6/15/2006. It has been determined that
this project is in the best interest of the region and therefore the state.
Timucua in St. Marys. Initial form submitted 3/28/2006.
Timberland Estates in an unincorporated area of Camden County. Initial form
submitted 2/14/2006. It has been determined that this project is in the best interest of the
region and therefore the state.
Scrubby Bluff Development in Kingsland. Initial form submitted 1/31/2006. It has
been determined that this project is in the best interest of the region and therefore the
state.
Maiden Creek Landing in an unincorporated area of Camden County. Initial form
submitted 1/5/2006. It has been determined that this project is in the best interest of the
region and therefore the state.
Lake Victoria in Kingsland. Initial form submitted 12/13/2005. It has been determined
Marsh Landing & Crooked River in Kingsland. Initial form submitted 12/7/2005. It
has been determined that this project is in the best interest of the region and therefore the
state. Housing.
37
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Kings Bay Pro-3 Townhomes in St. Marys. Initial form submitted 12/2/2005. It has
been determined that this project is in the best interest of the region and therefore the
state. Housing.
Cannon Forest in St. Marys. Initial form submitted 10/31/2005. It has been determined
Winding Cove Subdivision in Kingsland. Initial for submitted 10/26/2005. It has been
Timberland Estates in unincorporated Camden. Initial form submitted 10/11/2005. It
state.
Waters Edge in Kingsland. Initial form submitted 9/19/2005. It has been determined
Satilla River Bluffs in Woodbine.
The Paddocks in St. Marys. Initial form submitted 8/29/2005. It has been determined
The Landings at White Oak Creek in unincorporated Camden. Initial form submitted
therefore the state. Mixed use.
Fiddler Cove and Commercial Site in Kingsland. Initial form submitted 7/27/2005. It
state.
Westhaven Subdivision in Kingsland. Initial form submitted 7/14/2005. It has been
Housing.
Bridge Points at Jekyll Sound in unincorporated Camden. Initial form submitted
Estates at Harriet’s Bluff in Kingsland. Initial form submitted 6/2/2005. It has been
Housing.
Laurel Landing Phase 1-6 in Kingsland. Initial form submitted 6/2/2005. It has been
Housing.
Bay Tree Plantation in Kingsland. Initial form submitted 5/25/2005. It has been
Housing.
Winding River in St. Marys. Initial form submitted 3/31/2005. It has been determined
that this project is in the best interest of the region and therefore the state. Housing.
RiverPlace Plantation Sudivision in unincorporated Camden. Initial form submitted
12/20/2004. It has been determined that this project is in the best interest of the region
and therefore the state. Housing.
Lake Forest Phase IV in Kingsland. Initial form submitted 12/10/2004. It has been
Housing.
38
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Tuscan Landing in unincorporated Camden. Initial form submitted 9/17/2004. It was
determined that this project warrants regional review, and a finding was made, but it is
not listed. Housing.
Laurel Island Coastal Community in unincorporated Camden. Initial form submitted
Brookshire Green in Kingsland. Initial form submitted 5/8/2003. It has been
Housing.
Camden Bluff in unincorporated Camden. Initial form submitted 6/25/2002. It has been
Mixed use.
39
Threats to the St. Marys River
The Saint Marys River has current designations of Class III in Florida and Fishing in
Georgia, which is designed to maintain water quality at or above levels required to support
swimming and recreation, fishing, and propagation of healthy, balanced populations of shellfish,
of other aquatic life.167 In both Florida and Georgia, water discharges can be permitted that
reduce water quality, as long as the applicable use standards are not violated.168 This can result
in a gradual reduction of water quality that is allowed under the current regulatory framework in
both Florida and Georgia, and why the OFW designation is so important for protecting the St.
Marys River.169
The St. Marys River is threatened by many of the same issues that watersheds throughout
Florida are threatened by, including increased development, changes in land use, decreased water
quality, habitat fragmentation, and wetlands destruction.170 Changes in land use are of particular
importance.171 For example, an analysis of land use changes from 1974 to 1998 in the Southern
Coastal Plain, which the St. Marys is part of, showed a trend of decreased land used for
agriculture and an increase in high-intensity and low-intensity urban development.172
Additionally, over this period there were decreases in forested wetlands, and increases in clearcut areas.173
Blackwater rivers such as the St. Marys are particularly vulnerable to nutrient loadings
and hydrologic disruptions from groundwater and surface water withdrawals, draining of
adjacent wetlands, insufficient stream buffers, and other factors.174 Some of the impacts on
blackwater rivers from human activities include increased flow variability, reduced dissolved
oxygen, and increased silt loads.175
One of the principal stressors of wildlife diversity in the Southern Coastal Plain is rapid
development in coastal counties.176 The Southeastern Atlantic coastal region has experienced
unprecedented growth.177 Presently, one in seven Americans lives in a county that abuts the
eastern or southern coastline.178 In the 100 fastest growing Atlantic and Gulf coastal counties,
the growth rate has been 50% greater than the rate for the rest of the United States.179 Urban
167
168
Id.
169
Id.
170
2008).
171
Id.
172
Id.
173
Id.
174
Id.
175
Id.
176
Id.
177
178
Id.
179
Id.
40
planners have predicted that coastal growth should continue at a high pace for the next 10 to 20
years.180 As real estate values have increased, there will be increased pressure on agriculture and
timberlands to convert to residential and commercial development.181 In Baker County for
example, there are two recently approved Developments of Regional Impact (DRIs), Cedar
Creek, and Villages of Glen St. Mary that have 6,000 and 11,000 residential units planned
respectively.182 On the Georgia side of the St. Marys River, residential growth is expected to
increase, especially in Charlton County.183 The Charlton County Comprehensive plan estimates
an increase in residential acreage from 2731 to 3931 over an unspecified period of time.184 The
list of approved or pending DRIs in the Saint Marys basin are found in the previous section,
Current and Future Ownership of the River.
Increased development pressures have resulted in the loss or fragmentation of a number
of habitats including maritime forest, pine flatwoods, coastal bluffs, and forested wetland
depressions.185 Species impacted by the increase in development pressures include Bachman’s
sparrow and the gopher tortoise, which are both found within the St. Marys basin.186 Without
recognition by the community of the value of the natural ecosystems, losses of these natural
resources and decreases in water quality will accordingly occur as unmanaged development
invades the region.187
Land use changes can also impact water usage, as some uses require more water than
others.188 For example, water for golf course irrigation is a large category of water use and is
predicted to increase in Nassau County by 60% by 2020.189 These changes in land use to golf
course or urban uses may also increase the amount of pollutants such as fertilizers and pesticides
discharged into the watershed.190 Withdrawals from the surficial aquifer can affect blackwater
rivers like the St. Marys.191 Although it appears the St. Marys is not affected from ground water
withdrawals currently, this could change as demand for water increases with changing land
uses.192 Many landowners in the St. Marys basin already have wells to provide their drinking
water.193 For example, 79% of Baker County residents rely on well water for their drinking
water.194
180
Id.
Id.
182
Personal Communication, Kelly O’Rourke, Georgia Department of Natural Resources
183
184
185
2008).
186
Id.
187
188
Id.
189
Id.
190
Id.
191
Id.
192
Id.
193
Id.
194
Id.
181
41
Recent and projected population growth in the St. Marys River basin increases concern
over groundwater quality and quantity.195 The flow of the St. Marys is partially made up of
shallow groundwater recharge, particularly during low-flow months.196 Therefore, it is possible
that changes in shallow groundwater are affecting the river.197 These affects would primarily be
the result of septic system construction and possibly from increased pressures on the surficial
aquifer for drinking water and agricultural uses.198
There is evidence that septic tanks are a large source of nonpoint source pollution in the
St. Marys River basin, affecting both shallow aquifers and surface water quality.199 In 1995,
87% of Baker County’s population was served by on-site septic systems, and septic tank failure
rates were reported to exceed state averages.200 Septic tank failure directly affects bacterial
concentrations in shallow wells and adjacent streams, and presents a hazard for swimming and
other recreational uses downstream.201 Elevated phosphorus and inorganic nitrogen levels near
Macclenny, Cedar Creek and the South Prong are particular examples of possible septic tank
influences.202 As a major tributary, the South Prong’s declining water quality could influence the
water quality of the main stem of the St. Marys River.203
In addition to septic tank use and failures, permitted dischargers into the St. Marys and its
tributaries pose a threat to the water quality.204 For example, Spanish Creek is a tributary of the
Saint Marys River that is included on 303(d) lists, and has been degraded by surface water
discharges from wastewater treatment plants.205 The City of Folkston in Charlton County has a
wastewater treatment plant that discharges into the creek.206 Additionally, the municipal
wastewater treatment plant for the City of St. Marys discharges directly into the St. Marys River,
and Corporacion Durango in St. Marys has industrial discharge that discharges directly into the
River.207 For an inclusive list of the NPDES permitted discharges see Table 1 in the Ecological
Significance section.208
195
Id.
Id.
197
Id.
198
Id.
199
200
Id.
201
Id.
202
Id.
203
Id.
204
Id.
205
Id.
206
Id.
207
Id.
208
Id.
196
42
Environmental, Social, and Economic Cost-Benefit Analysis
An analysis of the benefits and costs of designating the St. Marys River as an
Outstanding Florida Water should reveal that the environmental, social, and economic benefits
greatly outweigh those costs. While future research will be conducted with respect to these
categories (especially economic), a first glance shows that the analysis leans towards a beneficial
outcome.
The designation of the St. Marys River as an OFW would almost certainly provide many
environmental benefits that outweigh those costs, if in fact there are any costs. First, the higher
standard used for new permit applications for dredging and filling (ERPs) on the St. Marys
would help with the fairly certain oncoming future developments planned for the River area.
This review process would hopefully prevent, as the statute intends, degradation of the existing
water quality. As developers begin to see the St. Marys River as an untapped resource, this
protection is essential to the ecological wellbeing of the River. Protecting the water quality will
in turn protect its native plant and animal species that rely on the health of the River for habitat
and water source. The 9 identified ecosystems along the River rely on its water quality as well.
These ecosystems would likely weaken if the projected increase in development does in fact
occur, and no protections were awarded to the St. Marys and its tributaries through the OFW
designation. Further, establishing the St. Marys tributaries as part of the OFW would enable
these protections to extend even further into the St. Marys basin, which in turn help the River
itself to stay healthy and maintain water quality.
The social costs and benefits analysis here should also weigh in favor of OFW
designation. One major benefit of designation includes maintaining the current local atmosphere
regarding life, recreation, and tourism on the River. Local landowners and visiting recreation
lovers alike appreciate the St. Marys River for its unique character, and statewide support for the
designation of this river is wide and strong. Even landowners such as timber companies would
seemingly object to designation, but their letters of support show otherwise. The local
governments (both Florida and Georgia) are also very supportive of any action to protect the St.
Marys River, as evident through their ready adoptions of multi-county agreements into their
county ordinances and comprehensive plans, and in their adoption of the St. Marys River
Management Plan. While Nassau County has the largest reason to object to the designation due
to its high rates of development, these concerns are addressed below. Regardless, support for the
designation from the Nassau County Commission is included in the letters of support section
below, showing their committal to the projection of the River.
While designation of the St. Marys would seem to have adverse economic impacts on the
area surrounding the River, a closer analysis reveals that the designation should have only a
small affect on the ability for economic growth and development. While the designation serves
as a speed-bump for ERPs and related development processes that would impair the River’s
water quality, it does not prevent them altogether, or even substantially alter their plans. The
developers simply have to show that their projects would not further impair the water quality.
Since this step is taken early on in the development process, this should not create substantial
economic impact for those landowners. Existing dischargers are grandfathered in, eliminating
their costs of designation unless they change the discharge location or increase the amount.
43
Further, the protection of the water quality, and subsequently its other ecological attributes,
should increase the value of the properties on the River due to a smaller chance for degradation.
As to maintenance costs, the Department of Environmental Protection would not suffer from this
designation. Maintenance of the water quality standard would be enforced through local
permitting processes, and the St. Johns River Water Management District.
From an initial comparison of the costs and benefits regarding designation of the St.
Marys River as an Outstanding Florida Water, the benefits seemingly outweigh those costs. As
mentioned above, a more in-depth analysis will be provided by the Department of Environmental
Protection. However, those results are expected to remain consistent with these initial findings.
44

an outstanding florida water petition for the st. marys river

Transcription

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