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9. Dedication from Trustees of Internal Improvement Fund 4020 - This dedication is of a different area than the foot bridge location in question. Staffs opinion is that the County owns the bottom lands between the north end of Round Island Park and No Name Island. 10. LettwdotedNov 18,1996from Harold Olsen to James Davis stating that the "only "access for he and his neighbors to get to the main channel of the ICWW is through the foot bridge channel - This letter is not consistent with Mr. 01sen's dock application permit showing access to the ICWW to be from a channel north ofNo Name Island. The Marine Patrol and other boaters claim that for boats of 2'/z R drift or less, the channel north ofNo Name Island is sufficient Staffhas never seen large boats such as those mentioned in 2 and 3 above use the foot bridge area. Several aerial photographs do not show such large boats in this area. Docks were not built until 1996. Staff is of the opinion that the foot bridge was raised to approximately 6' 8" vertical clearance due to W. 01sen's concern and that there has been no effect on the value of waterfront properties in this area. 11. March 18, 1997 letter from St. Johns River Water Management District to James Davis seeking quantification of boat traffic and warning that the height of the bridge "may need to be raised " - County staff raised the bridge to 6' 8" vertical clearance and satisfied St. Johns River Water Management District that type of boat traffic is canoes and small boats. County staff has not observed any large boats passing in the foot bridge areas since no docks existed prior to 1996. Aerial photography confirms this position. A SJRWMD permit was issued and no administrative hearing was requested by the property owners within the time fiame allowed. 12. County response to SJRWMD dated April 10, 1997 providing boat count taken on April 8, 1997 - Whereas the April 8, 1977 boat count was for one day, staff heavily monitored this area on Aug. 24, 1993, Oct 12, 1993, Oct 13, 1993, Oct 19, 1993, Oct 20, 1993, Oct 21, 1993, Oct 26, 1993, Feb. 3, 1994 and numerous other dates during engineering since Feb. 24, 1983, several dates in 1991, 1992, and 1993 when the boat ramp and fishing pier were constructed, andweeklysince 1981 byParkmaintenance employees. No one associatedwith this work that we have contacted observed these large boats using the foot bridge area. Aerial photogrammetry taken in Jan. 1992 and March 1994 confirm this non existence of large boats in this area The first dock was constructed in 1996. 13. Letter dated Aug 11, 199 7 From SIRWMD "giving consent to use state owned sovereignty submerged lands, based on the information supplied by Indian River County. " - This is for the fishing pier on No Name Island, not the foot bridge between No Name Island and Round Island. 14. Letter datedAug 26, 199 7 to US Coast GuaMfrom TerryA Thompson transmittingproperty owner'ssw veyand theobservation that thefoot bridge area "isshallowandhistoricallyhas had limited use by small boats and canoes. " - From staff observations and aerial photogrammetry, these statements are accurate. 15. October 14, 1997 letter from US Coast Guard stating that a bridge permit will not be required for the foot bridge. - The Coast Guard Commandant approved the foot bridge and stated that "the clearances provided for high water stages are considered adequate to meet the reasonable needs of navigation" based upon use by "rowboats, canoes, and small motorboats." Staff submitted honest, verifiable information to the Coast Guard and SJRWMD to obtain proper permits for the foot bridge. DECEMBER 14, 1999 -59- BOOK ill FAGC '.