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HU <br />KA 83 <br />VIAT 1991 - Boa <br />Sebastian River behind Humana Hospital, north of Wimbrow Park, <br />and there are no sea grasses in there because the water is filthy <br />dirty and black from the silt on the bottom. It is near the <br />Oyster Bay area where they are dumping sewage illegally. <br />Roland DeBlois, chief of Environmental Planning & Code <br />Enforcement, explained that staff came up with the 160 sq. ft. <br />restriction in an aquatic preserve for our ordinance based on <br />discussions with the DNR Melbourne office and the reviewing <br />staff. He wished to point out that what Mr. McDowell is saying <br />today about the pending change is something that is new <br />information, because as he understands it right now, the DNR is <br />exercising the 160 -ft. limitation for a boat dock in an aquatic <br />preserve. <br />In reply to Commissioner Bowman's question, Mr. McDowell <br />advised that his dock is 4 feet above the mean high water mark. <br />Commissioner Bowman pointed out that docks have to be 5 feet <br />above the water in order to comply with the Corps of Engineers' <br />requirements. Sunlight must be able to reach the seagrasses. If <br />the bottom is cleaned up and sunlight can get in there, there is <br />a potential for seagrasses to grow and thrive. <br />Mr. McDowell advised that he sent the plans to the DNR and <br />the DER and has a permit with them. They came down and inspected <br />it and said it was high enough. <br />Mr. DeBlois believed they might have signed off on that <br />based on the lack of submerged aquatic vegetation in that area. <br />Commissioner Bowman emphasized that just because there is no <br />seagrasses there now doesn't mean that none will grow if given <br />the right conditions. <br />Community Development Director Robert Keating explained that <br />with the way it reads now, Mr. McDowell would have to reduce the <br />size of his boat dock. He felt there are a couple of <br />alternatives with this new information about the pending change. <br />One would be to revise this and say that unwalled boat shelters <br />are allowed with these conditions and revise this one to say that <br />instead of 160 sq. ft. that it is in compliance with the maximum <br />size that the State allows in aquatic preserves. That way, we <br />wouldn't have to worry whether they changed it or not. <br />Commissioner Eggert wondered whether the change by the State <br />would be enough to allow a dock the size of Mr. McDowell's, but <br />Mr. DeBlois believed it might. <br />Director Keating explained that we have been pursuing this <br />and it is unusual in the sense that the DER has issued its <br />permit, but the DNR hasn't signed off on it like they are <br />supposed to. Brian Poole, the DNR person whom we have been <br />dealing with, has not signed off on this and we are not quite <br />8 <br />