 Lofton Creek
Resident Letter
Dear Lofton Creek Resident:
In an effort to better serve all residents of the Lofton Creek area and
to fairly administer the laws that are applicable to structures in
Aquatic Preserves, in March 2009, the Department of Environmental
Protection (DEP) conducted a compliance evaluation of all dock
structures in the area. Through this evaluation, it was discovered that
many of the structures that currently exist do not meet state
requirements. The evaluation and this letter are part of an agency
investigation, preliminary to agency action in accordance with Section
120.57(5), Florida Statutes.
As you may be aware, the submerged lands under Lofton Creek are owned by
the people of Florida and are held in trust on their behalf by the Board
of Trustees of the Internal Improvement Trust Fund (the Board). The DEP
acts as staff to the Board to manage programs designed to protect these
areas for the enjoyment of all Floridians.
As part of the management of these submerged lands, under Chapter 253 of
the Florida Statutes and Chapter 18-21, Florida Administrative Code, the
use of state lands for the construction and maintenance of privately
owned docks requires that these structures meet specific criteria
designed to protect public lands and receive proper authorization.
Typically, this authorization is granted as part of a permit issued by
the DEP, before a dock is constructed.
When evaluating a large area such as the Nassau River – St. Johns River
Marshes Aquatic Preserve, there are many factors that must be carefully
considered. It is also important to note that each situation may have
its own unique circumstances. Evaluating these issues and determining an
appropriate remedy for each case will take some time.
Please know that the Department is committed to working closely with you
through this process and is interested in reviewing any facts you may
have that will assist in determining whether any violations have
occurred.
As we move forward in our efforts to find a reasonable solution, we
will keep you updated on our progress. In the meantime, our team of
environmental professionals is available to answer any questions that
you might have, or to assist you if you wish to determine if you have an
existing authorization for your dock, or if you are eligible to receive
one. Please contact Mike Savage, our Compliance/Enforcement Supervisor,
to schedule an appointment at your convenience at (904) 807-3344.
It is our hope that residents of the Lofton Creek area and others will
find this Web site useful in their understanding of DEP’s role as it
relates to structures within Aquatic Preserves and we will continue to
update it with information as it becomes available. Your support of
Florida’s environmental protection and sovereign lands programs is
appreciated.
Sincerely,
Gregory J. Strong District Director
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Our team of environmental professionals
is available to answer any questions that you might have.
Please contact
Mike Savage, our Compliance/Enforcement Supervisor, to
schedule an appointment at your convenience at (904)
807-3344. |
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2010 State of Florida