CAC Backup 02/21/2014 Coastal Advisory
Committee
Backup
February 21 , 2014
Meeting Agenda and Notice
COASTAL ADVISORY COMMITTEE (CAC)
FRIDAY, FEBRUARY 21, 2014 - 2:00 P.M.
BOARD OF COUNTY COMMISSIONERS CHAMBERS
THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER
3299 TAMIAMI TRAIL EAST, NAPLES
-Sunshine Law on Agenda Questions
•2014 CAC MEETING DATES
I. Call to Order
II. Pledge of Allegiance
III. Roll Call
IV. Changes and Approval of Agenda
V. Public Comments
VI. Approval of CAC Minutes
1. January 9, 2014
VII. Staff Reports
1. Expanded Revenue Report
VIII. New Business
1. Marco Island Civic Association
* Backup Material
2. RFP 15 Year New Permit for Beach Renourishment - Verbal
3. BCC Approval
* Marco Island Sand Mining Conceptual Study - Verbal
* Industry Trends for Beach Renourishment - Verbal
4. TDC /BCC Denial
* Beach History Yearly Widths - Verbal
* Atkins Proposal Beach History
* * Proposal- Backup
5. RFP South Jetty Rebuild Doctor's Pass with Spur - Verbal
6. Beach Workshop with BCC - Verbal
7. Naples Tropical Storm Debbie Renourishment Fall 2014 - Verbal
8. Marco Island Tropical Storm Debbie Renourishment - Verbal
IX. Old Business
X. Announcements
XI. Committee Member Discussion
XII. Next Meeting Date /Location
March 13, 2014 Government Center, 3rd Floor
XIII. Adjournment
All interested parties are invited to attend, and to register to speak and to submit their objections, if any,
in writing, to the board prior to the meeting if applicable.
For more information, please contact Gail D. Hambright at (239) 252 -2966.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252 -8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time.
Collier County Ordinance No. 99 -22 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners) before the Board
of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board
Minutes and Records Department.
HambrightGail C�
From: Minimushomines @aol.com
Sent: Friday, February 21, 2014 9:42 AM
To: HambrightGail; ClintPerryman @colliergov.net-, McAlpinGary
Cc: soreysan @comcast.net; NGPIV @aol.com; vnrios @marcocable.com; therightperson71
@ comcast.net; Jmorel2409 @aol.com; bobraymond @comcast.net; droddy46 @gmail.com
Subject: RE: 60 day Notice of Intent to File Petition for Enforcement of Agency Action.
To whom it may concern;
This cut and pasted copy of the above referenced and previously sent document allows
easier access to the You Tube video links included in the notice of intent.
Ms. Crandall, et al,
RE: 60 day Notice of Intent to File Petition for Enforcement of Agency Action.
Please take notice that pursuant to the Florida Administrative Procedures Act,
Section 120.69, Florida Statutes, Robert (Bob) Krasowski and Jan M.
Krasowski, intend to file a petition for enforcement of the Florida Department
Of Environmental Protection's final agency action described below. The
Department, in concert with the Florida Fish and Wildlife Conservation
Commission, is the regulatory agency of the State of Florida having the power
and duty to enforce compliance with the permits it issues for coastal zone
management, beach nourishment projects.
MATTER: Failure of Permittee, Collier County, to comply with the
conditions of Permit Modification File # 0222355 - 012 -JN.
On or about October 14, 2013, Collier County Coastal Zone Management
Department commenced with the nourishment of Vanderbilt Beach project
pursuant to FDEP permit # 0222355 - 012 -JN. From October 14 to 26, 2013,
the County failed to comply with the following permit conditions:
1) Restore the beach to natural conditions after each day's work
prior to 9PM. Page 21, paragraph 2, numbered 24 last sentence,
"All excavations and temporary alterations of the beach
topography shall be filled or leveled to the natural beach profile
prior to 9 PM each day unless otherwise authorized." and,
2) Avoid driving too close to remaining marine turtle nests; (to the
extent the requirement to adhere to FWCC Best Management Practices for
Operating Vehicles on the Beach)
(http: / /myfwc.com /conservation /you- conserve /wildlife /beach - driving/)
applies to marine sea turtles and this permit, the permitee failed to
comply with the regulation.
Regarding issue 1): During the course of the first nine (9) days of work,
beginning on October 14, 2013 and ending on October 27, 2013, while turtle
nest remained unhatched on the beach, the Permittee, Collier County,
regularly and consistently left the beach area, after the day's work, without
filling or leveling the beach to the natural beach profile as required by the
permit. This behavior was observed and witnessed by the Krasowskis who
digitally video recorded and documented the condition of the beach in the
evenings after daily project work was completed (video links included below)
in addition to visits by the Krasowskis in the mornings. Furthermore, having
full knowledge of the permit condition requirements, the Krasowskis took it
upon themselves to rake the beach in order to eliminate the ruts and to
provide a path in the event the turtle nests would hatch. Otherwise, an illegal
take of an endangered species would have occurred due to the Permitee's
failure to comply with the permit conditions
Video links.
http:/.Iyoutu.be /Yr4Bj -NXXaM
http: / /youtu.be /gSxz- FOcAt8
http: / /youtu.be /aZxixV. 91 100
http: /fyoutu.be /uld m30DNo
Regarding issue 2): During the course of the first nine (9) days of work,
beginning on October 14, 2013 and ending on October 27, 2013, while turtle
nest remained unhatched on the beach, the Permittee, Collier County,
regularly and consistently operated vehicles on the beach, including ATVs and
large beach dump trucks, passing directly in front of a remaining turtle nest
(video included). This was done instead of staying closer to the water's edge
as directed by the Florida Wildlife Conservation Commission and cited in the
Permit on Page 23, first full paragraph, (i)
http://myfwc.com /conservation /you- conserve /wildlife /beach - driving/
http:./.Iyoutu.be./aZxixVI9100
These permit conditions are in place to protect the threatened and
endangered species that inhabit and utilize Vanderbilt Beach and are required
by law to be complied with as to not violate the Endangered Species Act.
LOCATION: Vanderbilt Beach Section of Collier County Beach. More
specifically, in the area approximately less than one thousand feet north of the
Vanderbilt Beach Road public beach access point, approximately one hundred
feet south of the Turtle Club restaurant located adjacent to the beach. In the
ccv
proximity of Collier County marine turtle nest #151.
RESOLUTION:
We, Robert (Bob) and Jan M. Krasowski respectfully request that FDEP take
the following actions: 1) initiate enforcement action to remedy the violations
of the permit conditions cited herein with a written finding of violation; 2)
require any and all restoration and corrective actions necessary to fully
correct the permit violations; 3) impose those penalties and fines proscribed
by law for failure to comply with permit conditions; and 4) refuse to issue
future permits for beach re- nourishment / nourishment activities to Collier
County, their agents or assigns allowing any beach work during turtle nesting
season for failure to provide reasonable assurance that permit conditions will
be complied with and respected.
Respectfully
Robert (Bob) and Jan M Krasowski,
minimushomines @aol.com
239 - 434 -0786
1086 Michigan Ave.
Naples, Fl. 34103G