PBSD MSTBU Agenda 08/03/2011 RPELICAN BAY SERVICES DIVISION --
Municipal Service Taxing and Benefit Unit
NOTICE OF PUBLIC MEETING WEDNESDAY, AUGUST 3, 2011
THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN REGULAR SESSION ON
WEDNESDAY, AUGUST 3, 2011 AT 1:00 PM, AT THE COMMUNITY CENTER AT PELICAN BAY,
LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. ACT
AGENDA I A f J
The agenda includes, but is not limited: AUG 0
1. Roll Call BY:
2. Agenda Approval
3. Approval of June 13, 2011 Pelican Bay Services Division Board Regular Session Minutes
4. Administrator's Report
a. Community Crosswalks
b. FDOT Crosswalk at Pelican Bay Boulevard and U.S. 41
c. All -Way Stop at Pelican Bay Boulevard and Ridgewood Drive
d. Repaving Pelican Bay Boulevard �t,l
e. Pelican Bay Boulevard Pathways Fiala /��_ -- —
f. Schematic Roadway Intersection Plans Hiller
Henning
g. South Berm Permit Status Coyle —
h. Monthly Financial Report Colette ✓
i. County Email Accounts
j. Update on Health of Mangroves
k. Update on Removing Exotics from Clam Pass Park & Along Beach
5. Chairman's Report
a. Recommendation to BCC to Appoint Susan O'Brien to Board
b. Discussion of Committees Under Consideration
i. Clam Bay Committee
ii. Water Management Committee (T. Cravens)
c. Stop for People Pedestrian Safety Sign Discussion
d. Clam Bay Update
e. Announcements
6. Community Issues Misc. Corres:
7. Committee Reports
a. Strategic Planning Committee Date: `cn�1ks. 1 ��
8. Old Business
9. New Business
Item #. ��Z�
10. Audience Comments Copies to:
11. Miscellaneous Correspondence
12. Adjournment
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS
THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON
WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR
COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN
THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY
SERVICES DIVISION AT (239) 597 -1749.
8/1/20118:51:59 AM
161 ! ^12d
PELICAN BAY SERVICES DIVISION BOARD REGULAR SESSION MINUTES
MONDAY, JUNE 13, 2011
LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Regular Session on
Monday, June 13, 2011 at 1:00 p.m. at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples,
Florida. The following members were present:
Pelican Bay Services Division Board
Keith J. Dallas, Chairman re- elected 6113111
Tom Cravens, Vice Chairman elected 6113111
John P. Chandler absent
Johan Domenie resigned 6/13/11
Geoffrey S. Gibson
Pelican Bay Services Division Staff
W. Neil Dorrill, Administrator
Kyle Lukasz, Field Manager
John Iaizzo
Michael Levy absent
Dave Trecker
Mary Anne Womble
John Baron absent
Hunter H. Hansen absent
Mary McCaughtry, Operations Analyst
Lisa Resnick, Administrative Assistant
Also Present
Ronnie Bellone, Vice Chair, Pelican Bay Foundation Board of Directors
Susan Boland, President, Pelican Bay Property Owners Association
Daniel W. Brundage, P.E., President, Agnoli, Barber, & Brundage, Inc.
Brendan Culligan, Stop for People Coalition
Joe Doyle, Laurel Oaks at Pelican Bay Resident
Ellin Goetz, Fellow American Society of Landscape Architects, Goetz +Stropes Landscape Architects, Inc.
James Hoppensteadt, President, Pelican Bay Foundation
Noreen Murray, Pelican Bay Foundation Board of Directors
Susan O'Brien, Candidate, Pelican Bay Services Division Board
Linda Roth, Pelican Bay Resident
The agenda includes, but is not limited:
1.
2.
3.
4.
5.
REVISED AGENDA
Roll Call
Election of Chairman and Vice Chairman
Agenda Approval
Audience Participation
Approval of Meeting Minutes
a. May 4, 2011 Pelican Bay Services Division Board Regular Session
Administrator's Report
a. Presentation by Ellin Goetz of Schematic Roadway Intersection Plans
b. South Berm Permit Status
c. Crosswalks Bids Review and Discussion
i. Selection of Intersections for Construction in 2011
ii. Selection of Contractor
d. Pelican Bay Boulevard Resurfacing
i. Timing
ii. Funding
iii. Assessment Adjustment
iv. Bicycle Lane Survey
e. Pelican Bay Boulevard Pathway Widening
i. Review Proposal
ii. Discussion of Excluded Costs
f. Monthly Financial Report
g. Update on Health of Mangroves
h. Update on Removing Exotics from Clam Pa:
Chairman's Report
L;
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
a. Clam Bay Update
b. Review & Submittal Process for Future Pelican Bay Post Articles Discussion
c. Draft of Pelican Bay Post Article on PBSD FY 2012 Proposed Budget Discussion
d. Obtaining Public Input During Meetings
e. PBSD Committee Structure Discussion
f. Announcements
8. Community Issues
9. Committee Reports
a. Strategic Planning Committee
10. Old Business
11. New Business
a. Possible Regular Meeting Schedule Adjustment Discussion (J. Iaizzo)
12. Audience Comments
13. Miscellaneous Correspondence
14. Adjournment
ROLL CALL
A quorum of six members present and Messrs. Chandler, Domenie, Levy, Baron, and Hansen were absent.
RESIGNATION
Chairman Dallas announced that he received a letter of resignation from Mr. Domenie, effective today, June 13.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mrs. Womble suggested the Board proceed with electing new officers, thereby amending the agenda.
Mrs. Womble nominated Chairman Dallas for Chairman and Dr. Trecker seconded the nomination. The Board
voted unanimously to re -elect Chairman Dallas as Chairman for one year.
Mrs. Womble nominated Mr. Cravens for Vice Chairman and Chairman Dallas seconded the nomination. The
Board voted unanimously to elect Mr. Cravens as Vice Chairman for one year.
AGENDA APPROVAL
Chairman Dallas amended the agenda, moving item 7e Clam Bay Update to first under Chairman's Report.
Dice Chairman Cravens made a motion to approve the agenda as amended and the Board
voted unanimous) in favor, passing the motion.
AUDIENCE PARTICIPATION
Mr. Joe Doyle, Laurel Oaks at Pelican Bay resident stated that street lighting funds should not be c.) _,_
advance from current homeowners to save for future street lighting projects and suggested using "debt instruments" su
as loans or bonds and assess residents at the time the work is to be done. Funds to resurface Pelican Bay Boulevard
should come from County gas taxes collected. The proposal to loan the County funds for this project is "double
taxation" and a legal opinion should be obtained from the Clerk before proceeding. A bike path survey is unnecessary
because the community voted against installing bike paths four years ago. According to the Pelican Bay Property
Owners Association recent survey regarding Community Improvement Plan (CIP) Phase I crosswalk projects, residents
are opposed to this expense. "This Board needs to exercise better fiscal responsibility.''
Mr. Brendan Culligan, Stop for People Coalition urged the Board not to eliminate the -Stop for People" signs in
the middle of the roadway at the North Tram station when approving bids for crosswalks.
a"
16 1 a12'
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
APPROVAL OF MAY 4, 2011 REGULAR SESSION MINUTES
Mrs. Womble amended page 8456 striking "re" from "petition ". Vice Chairman Cravens amended Mrs.
Cravens' title from "Vice President, Mangrove Action Group" to "Dorchester Resident ". Chairman Dallas amended
page 8474 to reflect Mr. Chandler's June 9 comments regarding resurfacing meeting, striking, "...and was not in the
County's five year repaving plan." to read, "Pelican Bay Boulevard is rated 61 %. Mr. Casalanguida stated that the
County did not presently have a five -year plan but that their staff would develop one by June I and provide it to the
Services Division. Commissioner Hiller suggested that the Services Division draft an agreement to loan the County $1.2
million with a repayment schedule to repave Pelican Bay Boulevard earlier."
Vice Chairman Cravens made a motion, seconded by Mrs. Womble to approve the May 4, 2011
Pelican Bay Services Division Board Regular Session meeting minutes as amended. The
Board voted unanimousl y in favor, passing the motion.
ADMINISTRATOR'S REPORT
ELLIN GOETZ PRESENTATION OF SCHEMATIC ROADWAY INTERSECTION PLANS
Ms. Ellin Goetz presented schematic roadway intersection plans along Pelican Bay Boulevard at three major
intersections (Ridgewood Drive, Oakmont Parkway, and Gulf Park Drive) and two secondary intersections (Myra Janco
Daniels Boulevard and Tierra Mar) that incorporate elements for pedestrian safety, driver visibility, color, and
landscaping best management practices, including irrigation. She provided a list and photographs of recommended plant
material for the medians.
Mr. Dorrill said the quality of fill in the medians could affect whether plants will grow.
Mr. Lukasz responded that in general, the fill is very sandy with little debris, and there may be lime rock at
some of the tips of medians that could be replaced with soil.
Mr. Dorrill said the next step is to get Board input for conceptual plans then have Ms. Goetz prepare plans with
specifications. The crosswalks projects require landscaping of the medians and bull noses, so it would be ideal to have
the conceptual plans with specifications approved by the end of summer, so the project can be complete by the end of
December.
Chairman Dallas asked the Board whether the Landscape Committee should mee
recommendation to the Board.
Vice Chairman Cravens agreed that the Landscape Committee should review the p
recommendations to the full Board.
Mr. Dorrill said the Landscape Committee should meet and decide on what to recommend to the full Board
before the end of the summer. In the meantime, staff would get detailed construction plans and cost estimates including
the quantity and cost of recommended plants, so staff could purchase the plants in
countywide assessed property values show that Pelican Bay leads Southwest Florida
Countywide values decreased 5.7% and City of Naples decreased 1.7 %. —
SOUTH BERM PERMIT STATUS
Mr. Dorrill reported that staff placed a budget amendment for
their June 14 meeting that allocates $118,000 from Clam B,
ti
Enhancements to fund the restoration of the South berm uroi- T e
MM
Recently released
na less than 1 %.
Vo'mmissioners' approval at
Clam Bay Fund Ecosystem
ham, Chief Environmentalist,
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
Wilson Miller discussed permit requirements with the Army Corps of Engineers ( USACE) and Florida Department of
Environmental Protection (FDEP). USACE staff preference is that the Services Division obtains short-form Nationwide
Permit 3" (NWP 3) for the berm and swale maintenance work. This is a project already authorized by the Board, but the
permitting process would delay the project by 45 -60 days. Staff will confirm USACE staff opinion requiring permit
with a higher authority from the agency.
CROSSWALKS BIDS REVIEW AND DISCUSSION
SELECTION OF INTERSECTIONS FOR CONSTRUCTION IN 2011
The Board discussed Chairman Dallas' three options of crosswalks for construction in 2011.
Ms. Ronnie Bellone suggested the Board consider the intersection of Hammock Oak Parkway and Vanderbilt
Beach Drive for safety of pedestrians and bicyclists.
Mr. Cravens mad:amotion, seconded by Mr. Gibson to select three intersections for construction of crn 2011 at Pelican Bay Boulevard and Ridgewood Drive, Pelican Bay Boulevard ant Parkway; and Pelican Bay Boulevard and Gulf Park Drive. The Board voted 4 -2 in sin the motion. Mr. Iaizzo and Dr. Trecker opposed.
SELECTION OF CONTRACTOR
Mr. Dorrill reported that the Services Division received three bids to perform the crosswalk work and Bateman
Contracting was the most responsive. Should the Board decide to recommend this firm to the Board of County
Commissioners, the award of contract should be subject to meeting insurance requirements and verifying references.
Mr. Brundage said his firm has not worked with Bateman Contracting directly, but according to his sources,
Lee County has used their services and not had problems.
ELfavor,pa made a motion, seconded by Mrs. Womble to recommend to the Board of County
rs that the award of bid for crosswalks projects go to Bateman Construction,
rification of references and insurance requirements compliance to include
pensation and associated liability insurance. The Board voted unanimously in
the motion.
PELICAN BAY BOULEVARD RESURFACING
TIMING
Mr. Dorrill reported that based on the County's analysis of pavement conditions, Pelican Bay Boulevard is
eligible for resurfacing in Fiscal Year 2015. The Road Maintenance department's annual budget is only $2.5 million, so
it is possible that even when the road becomes eligible for resurfacing, the County will not have thefunds for the project.
FUNDING
Mr. Dorrill and Mr. Chandler recently discussed with Commissioner Hiller and Mr. Casalanguida,''Deputy
Administrator, Growth Management Division, the possibility of the Services Division loaning the County funds to do
this project earlier, via an interfund transfer that the County would pay back with interest; at the time the road is
forecasted for resurfacing in FY 2015. Commissioner Hiller appears to be interested in introducing this idea to the
County Commission to find out if they are willing to consider it as a policy because this is a nog el approach. Regarding
Mr. Doyle's comments that this is "double taxation ", Mr. Dorrill said it is not. They are considering an interfund term
loan that the County would repay to the Services Division with a reasonable rate of return.
8482
X61 1 Al2'
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
Dr. Trecker said in his opinion, based on continued devaluation and declining fiscal situation, the County would
not accept this proposal.
Chairman Dallas said it is still a subject worth discussing. He pointed out that the County is also responsible for
maintaining the pathways, and are not, so at some point the Services Division will have to decide whether to take that
responsibility, too.
Mr. Dorrill said five years ago, Pelican Bay Boulevard was eligible for resurfacing and rather than milling and
resurfacing the traditional way, the County used slurry overtop of the existing road. He acknowledged Mr. Gibson's
concerns regarding the poor appearance and cosmetic issues brought about by this "microsurfacing experiment" and said
this is Mr. Chandler's biggest contention. He added that the County however, believes that despite its appearance, the
microsurfacing did provide structural improvements.
FCommissioners irman Cravens made a motion, second by Mr. Gibson to explore with the Board of County
the possibility of the Services Division loaning the County funds to mill and resurface
ay Boulevard earlier than forecasted via interfund transfer that the County would repay with
t the time the road is currently forecasted for resurfacing. The Board voted unanimously in
sin the motion.
BICYCLE LANE SURVEY
Chairman Dallas said that when the road is milled and resurfaced, they would need to decide whether to install
bicycle lanes, and suggested the Services Division perform a statistically valid scientific community survey.
FOUR -WAY STOP AT RIDGEWOOD DRIVE AND PELICAN BAY BOULEVARD
Mr. Dorrill asked the Board to clarify with a motion, second and vote the Board's direction regarding the results
of the warrants analysis of the intersection of Ridgewood Drive and Pelican Bay Boulevard.
FLanalysiscritleiria. an Cravens made a motion, second by Mr. Gibson that staff discuss with the County's
n Right of Way Permitting department moving forward with a four -way stop at the
f Ridgewood Drive and Pelican Bay Boulevard, despite failing to meet the warrants
The Board voted unanimously in favor, passing the motion.
PELICAN BAY BOULEVARD PATHWAY WIDENING
Mr. Dorrill reported that preliminary surveying has been done under an existing purchase order for civil
engineering work by Agnoli, Barber, and Brundage for Community Improvement Plan (CIP) Phase I pathway widening'
along the west side of Pelican Bay Boulevard. He added that Mr. Chandler has suggested the surveying include a
preliminary analysis of the number of trees affected and potentially removed, and for utility con Mr. Dorrill will
provide the surveying report when complete.
MONTHLY FINANCIAL REPORT
Mr. Dorrill presented the preliminary and unaudited May financial report.
Dr. Trecker made a motion, second by Mr. Iaizzo to accept the monthly financial report into the record.
The Board voted unanimousiv in favor. assin the motion.
8483 �i"
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
UPDATE ON HEALTH OF THE MANGROVES
Mr. Dorrill reported that the health of the white mangroves continue to be monitored on a monthly basis from
the rooftop of several high rises with photography. Mr. Hall is pursuing DNA analysis of the boring beetles to determine
the species by the Institute of Food and Agricultural Sciences (IFAS) University of Florida (UFL) Extension.
UPDATE ON REMOVING EXOTICS FROM CLAM PASS PARK AND ALONG BEACH
Mr. Dorrill reported that the County's Coastal Zone Management department has not heard whether they will
receive a grant award to remove exotics from Clam Pass Park and along the beach. The State's fiscal year begins July 1,
so staff will soon know whether the County receives the grant. Removing exotics from Clam Pass Park and along the
beach could become the Services Division's responsibility if the County does not receive the grant. In that case, staff
would obtain cost estimates for exotic removal along Clam Pass Park and the beach for the Board to review.
Vice Chairman Cravens reported there are significant numbers of Brazilian Peppers along the Clam Pass Park
boardwalk and scores of Australian Pines along the beach.
Mr. Dorrill plans to meet Vice Chairman Cravens and Mr. Lukasz on site next week to address.
CHAIRMAN'S REPORT
BOARD VACANCY AND RECOMMENDATION FOR APPOINTMENT
E an Cravens made a motion, second by Dr. Trecker to make a recommendation to the Board o
missioners to appoint Susan O'Brien to the Pelican Bay Services Division Board to fill the
ted by John Domenie's resignation. The Board voted unanimously in favor, passing the
CLAM BAY UPDATE
Chairman Dallas reported that Mr. McAlpin plans to recommend to the Board of County Commissioners on
June 15, the Coastal Advisory Committee's Clam Bay markers "Option 1" to develop an agreement between the four
key stakeholders that outlines responsibilities for installation, maintenance, changes and dispute resolution.
Ms. Linda Roth said the language regarding installation and permitting responsibility needs clarification.
Ms. Noreen Murray encouraged Pelican Bay residents to attend the Commission meeting to support canoe t
markers.
Mr. James Hoppensteadt said the Foundation responded to the letter that Seagate's attorneys sent to the Florida
Department of Environmental Protection and Florida Attorney General that refutes Seagate's claims.
REVIEW AND SUBMITTAL PROCESS FOR FUTURE PELICAN BAY POST ARTICLES
Chairman Dallas recommended a review and submittal process for Pelican Bay Postarticles to ensure a
reasonable amount of review, accuracy, consistency with other documents, and reflects the general views of the Board
and Ms. Resnick was assigned to review, edit, obtain feedback, and submit final product to the Post. ' The Board agreed
that the procedure was reasonable.
Ms. Ronnie Bellone observed that from the time between submittal to publication, the Services Division's news
could be two months old.
Chairman Dallas acknowledged that Mr. Domenie's article submitted to the Post was withdrawn because by the
time of publication, the content was outdated.
8484
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
DRAFT OF PELICAN BAY POST ARTICLE ON PBSD FY 2012 PROPOSED BUDGET
Chairman Dallas said Ms. Resnick would incorporate comments received into the draft "PBSD FY 2012
Proposed Budget" Pelican Bay Post article, then reviewed and submitted to the Pelican Bay Post.
OBTAINING PUBLIC INPUT DURING MEETINGS
The Board discussed the current policy to obtain public input during meetings and agreed it was too liberal, and
contributes to holding less productive meetings and deferring some items to subsequent meetings. The Board agreed to
implement the policy suggested by Mr. Chandler that would (1) discontinue soliciting public comments at the beginning
of the meeting; (2) solicit public comments prior to each agenda item discussion; (3) limit comments to one per person
per item; (4) and limit comments to 3 minutes per person. Following public comments on an item, (5) the Board would
proceed to discuss and take appropriate action without interruption; and (6) at the end of the meeting, solicit public
comments on non - agenda items. The public was encouraged to email comments to the Board between the time that the
agenda is post and the meeting commences.
PBSD COMMITTEE STRUCTURE
The Board discussed its committees and productivity. There was agreement that the Budget committee is
efficient as is. Regarding whether to reconstitute the Clam Bay committee, Chairman Dallas asked the Board to provide
input to Ms. Resnick for discussion at the next meeting. Dr. Trecker was appointed to the Landscape committee joining
Vice Chairman Cravens (Chairman of the Landscape committee) and Mr. Gibson.
ANNOUNCEMENTS
Chairman Dallas announced that the Board of County Commissioners would discuss the Vanderbilt Beach
restrooms configuration on June 14 at 2 p.m. and the Clam Bay markers on June 15 at 9 a.m. The Coastal Advisory
Committee does not meet in July. The Pelican Bay Foundation meets June 24 at 8:30 a.m. The Strategic Planning
Committee meets June 16 at 9 a.m.
JULY 6 BOARD MEETING CANCELLED
'I Vice Chairman Cravens made a motion, second by Mr. Iaizzo to cancel the July 6 meeting with the option 'I
to reconsider. The Board voted unanimouslv in favor. Passing the motion.
COMMUNITY ISSUES
None
• ,
new
P'
ec mendation to
anco Daniels, Gulf
of the Commons,
and U.S. 41 berm.
Pelican Bay Services Division Board Regular Session Meeting Minutes
June 13, 2011
NEW BUSINESS
POSSIBLE MEETING SCHEDULE ADJUSTMENT
Mr. Iaizzo suggested Board meetings be regularly scheduled on the second Wednesday of the month instead of
the first Wednesday, but there was no interest.
SUNSHINE LAW AND ONE -WAY COMMUNICATIONS
Dr. Trecker asked for guidance regarding the Sunshine Law and one -way communications.
Mr. Dorrill responded that one -way communications are acceptable as long as they do not give an indication of
how one would vote.
Mr. Hoppensteadt added that Board members should send one -way communications to Ms. Resnick for
distribution.
Mr. Dorrill will seek to establish County e -mail accounts for all Board members' correspondence and the
County's records retention policy.
ADJOURN
rice Chairman Cravens made a motion to adjourn and the Board voted unanimously in favor, passing the
motion.
The meeting adjourned at 3:25 p.m.
Keith J. Dallas, Chairman
Minutes by Lisa Resnick \6/30/2011 1:53:22 PM
8486
Current Assets
Cash and Investments
Interest Receivable
Due from Tax Collector
Total Current Assets
Total Assets
Current Liabilities
Accounts /Trade Payable
Accrued Wages Payable
Goods Received /Inventory Recv'd
Total Liabilities
Fund Balance
Fund Balance - unreserved
Excess Revenues (Expenditures)
Total Fund Balance
Total Liabilities and Fund Balance
Pelican Bay Services
Municipal Services Taxing Unit
Balance Sheet - July 29, 2011
Operating Fund 109
(Unaudited)
Assets
1,666,847.54
$ 1,666,847.54
$ 1,666,847.54
Liabilities and Fund Balance
$ (2,653.30)
(37,689.19)
(1,173,770.02)
(452,735.03)
$ (40,342.49)
(1,626,505.05)
$ (1,666,847.54)
Page 1 of 1
16 1 „i k12�
16 1 1 A121
Page 1 of 3
Pelican Bay Services
Municipal Services Taxing Unit
Income Statement w/ Budget - July 29, 2011
Operating Fund 109 - FY 2011
(Unaudited)
Annual
YTD
YTD
Budget
Budget
Actual
Variance
Operating Revenues:
Carryforward
$ 943,100.00 $
943,100.00
$ 943,100.00
Special Assessment- Water Management Admin
728,400.00
702,906.00
702,259.98
(646.02)
Special Assessment - Right of Way Beautification
1,938,600.00
1,870,749.00
1,869,029.64
(1,719.36)
Charges for Services
1,500.00
-
-
Surplus Property Sales
-
5,250.00
5,250.00
Insurance Payment for Damages
4,132.50
Interest
11,700.00
9,126.00
9,218.74
92.74
Total Operating Revenues
3,623,300.00
3,525,881.00
3,532,990.86
2,977.36
Operating Expenditures:
Water Management Administration
Payroll Expense
$ 41,200.00 $
34,300.00
$ 33,779.67
$
520.33
White Goods
8,800.00
-
-
$
-
IT Direct Client Support (Capital)
200.00
200.00
100.00
$
100.00
IT Office Automation
8,000.00
8,000.00
6,000.00
$
2,000.00
Indirect Cost Reimbursement
108,200.00
108,200.00
108,200.00
$
-
Interdepartmental Payment
14,600.00
14,600.00
14,600.00
$
-
Other Contractural Services
30,800.00
25,700.00
22,802.50
$
2,897.50
Telephone
4,100.00
3,400.00
2,309.33
$
1,090.67
Postage and Freight
3,000.00
400.00
257.34
$
142.66
Rent Buildings and Equipment
13,600.00
11,300.00
10,474.77
$
825.23
Insurance - General
1,300.00
1,300.00
1,300.00
$
-
Printing, Binding and Copying
2,300.00
600.00
595.00
$
5.00
Clerk's Recording Fees
4,000.00
-
-
$
-
Advertising
2,000.00
200.00
44.55
$
155.45
Other Office and Operating Supplies
2,500.00
2,100.00
646.93
$
1,453.07
Training and Education
1,100.00
900.00
80.00
$
820.00
Total Water Management Admin Operating
245,700.00
211,200.00
201,190.09
10,009.91
Water Management Field Operations
Payroll Expense
134,300.00
111,900.00
108,732.24
3,167.76
Engineering Fees
16,381.25
13,700.00
2,898.66
10,801.34
Flood Control Berm and Swale Mntc.
14,000.00
12,833.33
11,345.00
1,488.33
Landscape Materials /Replanting Program
8,500.00
7,081.33
11,141.50
(4,060.17)
Interdepartmental Payment (Water Quality Lab)
22,600.00
18,800.00
15,182.25
3,617.75
Plan Review Fees
1,500.00
-
-
-
Other Contractural Services
1,000.00
800.00
-
800.00
Temporary Labor
42,400.00
35,300.00
33,800.00
1,500.00
Telephone
500.00
400.00
360.40
39.60
Trash and Garbage
8,300.00
8,200.00
3,169.20
5,030.80
Motor Pool Rental Charge
200.00
200.00
-
200.00
Insurance - General
2,400.00
2,400.00
2,400.00
-
Insurance - Auto
900.00
900.00
900.00
-
Fleet Maintenance and Parts
4,500.00
3,800.00
1,076.47
2,723.53
Fuel and Lubricants
3,200.00
2,700.00
2,037.55
662.45
Tree Triming
30,000.00
25,000.00
23,712.00
1,288.00
Clothing and Uniforms
1,100.00
900.00
855.40
44.60
Personal Safety Equipment
500.00
400.00
-
400.00
Fertilizer and Herbicides
98,400.00
61,200.00
60,856.01
343.99
Page 1 of 3
161
Other Repairs and Maintenance
1,500.00
1,300.00
2,693.02
(1,393.02)
Other Operating Supplies and Equipment
2,500.00
2,100.00
4,099.15
(1,999.15)
Total Water Management Field Operating
394,681.25
309,914.67
285,258.85
24,655.82
Right of Way Beautification - Operating
5,000.00
4,200.00
4,475.00
(275.00)
Payroll Expense
42,400.00
35,300.00
34,800.75
499.25
White Goods
7,400.00
-
-
-
IT Direct Client Support and Capital
7,000.00
5,250.00
5,150.00
100.00
Other Contractural Services
37,500.00
31,300.00
25,502.00
5,798.00
Telephone
3,900.00
3,300.00
2,299.33
1,000.67
Postage
3,000.00
400.00
10.54
389.46
Rent Buildings /Equipment /Storage
14,000.00
11,700.00
11,394.59
305.41
Insurance - General
500.00
500.00
500.00
-
Printing, Binding and Copying
2,600.00
650.00
595.00
55.00
Clerk's Recording
4,000.00
17,700.00
-
-
Legal Advertising
2,000.00
200.00
44.55
155.45
Office Supplies General
3,000.00
2,500.00
638.63
1,861.37
Training and Education
1,500.00
1,300.00
50.00
1,250.00
Total Right of Way Beautification Operating 128,800.00 92,400.00 80,985.39 11,414.61
Right of Way Beautification - Field
Payroll Expense
827,700.00
689,800.00
596,936.79
92,863.21
White Goods
3,300.00
-
-
-
Flood Control (Water Use & Swale /Berm Mntc.)
136,900.00
103,200.00
101,713.77
1,486.23
Pest Control
5,000.00
4,200.00
4,475.00
(275.00)
Other Contractural Services
29,500.00
24,600.00
32,297.41
(7,697.41)
Temporary Labor
204,500.00
170,400.00
163,175.65
7,224.35
Telephone
3,200.00
2,700.00
2,391.18
308.82
Electricity
3,400.00
2,800.00
2,160.49
639.51
Trash and Garbage
24,900.00
24,500.00
6,203.70
18,296.30
Rent Equipment
5,500.00
4,700.00
648.92
4,051.08
Motor Pool Rental Charge
700.00
-
-
-
Insurance - General
9,000.00
9,000.00
9,000.00
-
Insurance - Auto
9,900.00
9,900.00
9,900.00
-
Fleet Maintenance and Parts
21,200.00
17,700.00
25,011.63
(7,311.63)
Fuel and Lubricants
44,200.00
36,800.00
33,536.98
3,263.02
Licenses, Permits, Training
800.00
700.00
75.00
625.00
Tree Triming
35,900.00
35,900.00
48,713.00
(12,813.00)
Clothing and Uniforms
9,400.00
4,600.00
6,302.99
(1,702.99)
Personal Safety Equipment
3,000.00
2,500.00
717.81
1,782.19
Fertilizer and Herbicides
62,000.00
52,500.00
55,846.57
(3,346.57)
Mulch
60,200.00
52,200.00
53,273.15
(1,073.15)
Sprinkler Maintenance
30,000.00
25,000.00
21,478.48
3,521.52
Painting Supplies
800.00
700.00
-
700.00
Traffic Signs
3,000.00
2,500.00
3,620.00
(1,120.00)
Minor Operating Equipment
3,000.00
2,500.00
4,252.75
(1,752.75)
Other Operating Supplies
11,500.00
9,600.00
7,211.86
2,388.14
Total Right of Way Beautification - Field Operating 1,548,500.00 1,289,000.00 1,188,943.13 100,056.87
Total Operating Expenditures 2,317,681.25 1,902,514.67 1,756,377.46 146,137.21
Capital Expenditures:
Water Management Field Operations
Other Machinery and Equipment 1,000.00 800.00 800.00
General Improvements 13,200.00 11,000.00 11,000.00
Total Water Management Field Operations Capital 14,200.00 11,800.00 - 11,800.00
Page 2 of 3
g Al2'0
1► 121
Right of Way Beautification - Field
Building Improvements
13,600.00
11,300.00
-
11,300.00
Autos and Trucks
28,000.00
28,000.00
23,597.00
4,403.00
Other Machinery and Equipmeny
17,000.00
-
-
-
Total Right of Way Beautification - Field Capital
58,600.00
39,300.00
23,597.00
15,703.00
Total Capital Expenditures
72,800.00
51,100.00
23,597.00
27,503.00
Total Expenditures
2,390,481.25
1,953,614.67
1,779,974.46
173,640.21
Operating Profit /(Loss)
1,232,818.75
1,572,266.33
1,753,016.40
180,750.07
Non - Operating Revenues and (Expenditures):
Transfer to Fund 322
(259,200.00)
(259,200.00)
(259,200.00)
-
Tax Collector Fees
(82,500.00)
(66,000.00)
(51,419.07)
14,580.93
Property Appraiser Fees
(75,300.00)
(60,240.00)
(44,650.00)
15,590.00
Reserves (2 1/2 months for Operations)
(555,025.00)
(555,025.00)
(555,025.00)
-
Reserves for Equipment
(124,875.00)
(124,875.00)
(124,875.00)
Revenue Reserve
(140,300.00)
-
Total Non - Operating Revenues and Expenditures, net (1,237,200.00) (1,065,340.00) (1,035,169.07) 30,170.93
Net Profit /(Loss) (4,381.25) 506,926.33 717,847.33 210,921.00
Page 3 of 3
Pelican Bay Services
Municipal Services Taxing Unit
Balance Sheet -July 29, 2011
Street Lighting Fund 778
(Unaudited)
Current Assets
Cash and Investments
Interest Receivable
Due from Tax Collector
Total Current Assets
Total Assets
Current Liabilities
Accounts /Trade Payable
Goods Received /Inventory Recv'd
Accrued Wages Payable
Total Liabilities
Fund Balance
Fund Balance - unreserved
Excess Revenue (Expenditures)
Total Fund Balance
Total Liabilities and Fund Balance
Assets
214,879.65
Liabilities and Fund Balance
$ (597.04)
(2,052.00)
161
,
$ 214,879.65
$ 214,879.65
$ (2,649.04)
(208,670.25)
(3,560.36)
(212,230.61)
Page 1 of 1
$ (214,879.65)
Pelican Bay Services
Municipal Services Taxing Unit
Income Statement w/ Budget - July 29, 2011
Street Lighting Fund 778 - FY 2011
(Unaudited)
Annual YTD YTD
Budget Budget Actual
Operating Revenues:
Carryforward
Curent Ad Valorem Tax
Delinquent Ad Valorem Tax
Insurance Claim
Interest
Total Operating Revenues
Operating Expenditures:
Street Lighting Administration
Payroll Expense
Indirect Cost Reimbursement
Other Contractural Services
Telephone
Postage and Freight
Rent Buildings /Equipment /Storage
Insurance - General
Office Supplies General
Other Office and Operating Supplies
Total Street Lighting Admin Operating
Street Lighting Field Operations
Payroll Expense
White Goods
Other Contractual Services
Telephone
Electricity
Insurance - General
Insurance - Auto
Fleet Maintenance and Parts
Fuel and Lubricants
Other Equipment Repairs
Personal Safety Equipment
Electrical Contractors
Light Bulb Ballast
Total Street Lighting Field Operating
16It1Al2�
$ 169,800.00 $ 169,800.00 $ 169,800.00 $
Variance
273,200.00 263,638.00 263,447.80
$
(190.20)
40.87
$
40.87
6,578.00
$
6,578.00
1,200.00 798.00 1,138.62
$
340.62
444,200.00 434,236.00 441,005.29
$
6,769.29
$ 41,200.00
$
34,300.00
$ 33,779.67
$
520.33
6,300.00
$
6,300.00
6,300.00
$
-
20,800.00
$
17,300.00
22,814.50
$
(5,514.50)
4,100.00
$
3,400.00
1,665.95
$
1,734.05
2,000.00
$
400.00
10.54
$
389.46
13,600.00
$
11,300.00
10,847.81
$
452.19
400.00
$
400.00
400.00
$
-
800.00
$
700.00
-
$
700.00
1,000.00
$
800.00
4.90
$
795.10
90,200.00
74,900.00
75,823.37
(923.37)
62,900.00
52,400.00
50,908.81
1,491.19
9,600.00
-
-
-
800.00
700.00
-
700.00
500.00
400.00
360.40
39.60
44,200.00
36,800.00
29,193.38
7,606.62
800.00
800.00
800.00
-
900.00
900.00
900.00
-
1,100.00
900.00
305.38
594.62
400.00
300.00
524.18
(224.18)
200.00
200.00
-
200.00
500.00
400.00
-
400.00
7,300.00
6,100.00
12,571.26
(6,471.26)
12,400.00
8,300.00
7,052.67
1,247.33
141,600.00
108,200.00
102,616.08
5,583.92
Page 1 of 2
161 1X12
Total Operating Expenditures 231,800.00 183,100.00 178,439.45 4,660.55
Capital Expenditures:
Street Lighting Field Operations
Other Machinery /Equipment
1,000.00
500.00
-
500.00
General improvements
13,200.00
6,600.00
-
6,600.00
Total Capital Expenditures
14,200.00
7,100.00
-
7,100.00
Total All Expenditures
246,000.00
190,200.00
178,439.45
11,760.55
Operating Profit /(Loss)
198,200.00
244,036.00
262,565.84
18,529.84
Non - Operating Revenues and (Expenditures):
Transfer to Fund 322
(83,600.00)
(83,600.00)
(83,600.00)
-
Tax Collector Fees
(8,400.00)
(6,720.00)
(5,295.04)
1,424.96
Property Appraiser Fees
(5,500.00)
(4,400.00)
-
4,400.00
Reserves (2 1/2/ months for Operations)
(58,800.00)
(58,800.00)
(58,800.00)
-
Reserves for Equipment
(27,500.00)
(27,500.00)
(27,500.00)
-
Revenue Reserve
(14,400.00)
-
-
Total Non - Operating Revenues and Expi (198,200.00) (181,020.00) (175,195.04) 5,824.96
Net Profit /(Loss) - 63,016.00 87,370.80 24,354.80
Page 2 of 2
Current Assets
Cash and Investments
Interest Receivable
Due from Tax Collector
Total Current Assets
Total Assets
Current Liabilities
Accounts /Trade Payable
Goods Received /Inventory Recv'd
Accrued Wages Payable
Total Liabilities
Fund Balance
Fund Balance - unreserved
Excess Revenues (Expenditures)
Total Fund Balance
Total Liabilities and Fund Balance
Pelican Bay Services
Municipal Services Taxing Unit
Balance Sheet - July 29, 2011
Clam Bay Fund 320
(Unaudited)
Assets
$ 388,152.80
388,152.80
$ 388,152.80
Liabilities and Fund Balance
$ (522.50)
$ (3,018.50)
(423,553.80)
38,942.00
Page 1 of 1
(3,541.00)
(384,611.80)
$ (388,152.80)
16 I 1 ' 2�
161 1Al2
Pelican Bay Services
Municipal Services Taxing Unit
Income Statement w/ Budget - July 29, 2011
Clam Bay Fund 320 - FY 2011
(Unaudited)
Annual YTD YTD
Budget Budget Actual Variance
Operating Revenues:
Carry Forward $
435,219.17 $
435,219.17
$ 435,219.17
$
-
Special Assessment
35,000.00
33,775.00
33,743.94
$
(31.06)
Fund 111
35,000.00
35,000.00
35,000.00
$
-
Interest
1,300.00
1,100.00
2,015.02
$
915.02
Total Operating Revenues
506,519.17
505,094.17
505,978.13
883.96
Operating Expenditures:
Clam Bay Restoration
Engineering Fees $
102,943.75 $
9,200.00
$ 4,956.25
$
4,243.75
Other Contractural Services
137,390.00
49,200.00
33,548.40
$
15,651.60
Other Equipment Repairs
485.42
400.00
842.50
$
(442.50)
Minor Operating
4,800.00
4,000.00
-
$
4,000.00
Other Operating Supplies
1,000.00
800.00
-
$
800.00
Total Clam Bay Restoration
246,619.17
63,600.00
39,347.15
24,252.85
Clam Bay Ecosystem
Engineering Fees
11,300.00
9,400.00
4,046.25
5,353.75
Other Contractual Services
25,000.00
-
-
-
Total Clam Bay Ecosystem
36,300.00
9,400.00
4,046.25
5,353.75
Total Clam Bay Operating Expenditures
282,919.17
73,000.00
43,393.40
29,606.60
Operating Profit /(Loss)
223,600.00
432,094.17
462,584.73
30,490.56
Non - Operating Revenues and (Expenditures):
Transfer to Fund 322
(65,000.00)
(65,000.00)
(65,000.00)
-
Tax Collector Fees
(1,100.00)
(715.00)
(674.80)
40.20
Property Appraiser Fees
(700.00)
(350.00)
-
350.00
Revenue Reserve
(1,800.00)
-
-
Reserves (2 1/2 month for Operations)
(155,000.00)
(155,000.00)
(155,000.00)
-
Total Non - Operating Revenues and Expe
(223,600.00)
(221,065.00)
(220,674.80)
390.20
Net Profit /(Loss) $
(0.00) $
211,029.17
$ 241,909.93
$
30,100.36
Page 1 of 1
Pelican Bay Services
Municipal Services Taxing Unit
Balance Sheet - July 29, 2011
Capital Projects Fund 322
(Unaudited)
Assets
Current Assets
Cash and Investments
Interest Receivable
Due from Tax Collector
Total Current Assets
Total Assets
$ 2,433,622.34
Liabilities and Fund Balance
Current Liabilities
Accounts /Trade Payable
Goods Received Inv. Received
Total Liabilities
452.36
Fund Balance
Fund Balance - unreserved (1,960,586.75)
Excess Revenues (Expenditures) (473,487.95)
Total Fund Balance
Total Liabilities and Fund Balance
Page 1 of 1
161 , 1Al2
2,433,622.34
$ 2,433,622.34
452.36
(2,434,074.70)
$ (2,433,622.34)
161 Al2
Pelican Bay Services
Municipal Services Taxing Unit
Income Statement w/ Budget - July 29, 2011
Capital Projects Fund 322 - FY 2011
(Unaudited)
Annual YTD YTD
Budget Budget Actual Variance
Operating Revenues:
Carry Forward
$ 1,943,987.30
$ 1,943,987.30
$ 1,943,987.30
$
-
Special Assessment
121,600.00
117,344.00
117,236.16
$
(107.84)
Interest
7,700.00
5,100.00
11,164.89
$
6,064.89
Total Operating Revenues
2,073,287.30
2,066,431.30
2,072,388.35
$
5,957.05
Operating Expenditures:
(2,500.00)
(2,000.00)
-
$
2,000.00
Irrigation & Landscaping
(100.00)
(100.00)
-
$
100.00
Engineering Fees
$ 113,628.45
$ -
$ 39,281.13
$
(39,281.13)
Other Contractural Services
2,354,658.85
402,660.00
14,483.58
$
(14,483.58)
Other Operating Supplies (Pavers)
-
2,469,091.30
2,930.40
$
(2,930.40)
Licenses and Permits
-
-
910.00
$
(910.00)
Total Irrigation & Landscaping Expenditures
2,468,287.30
-
53,764.71
(53,764.71)
Non - Operating Revenues and (Expenditures):
Transfer from Fund 109 General $
259,200.00
$ 259,200.00
$ 259,200.00
$
-
Transfer from Fund 320 Clam Bay
65,000.00
65,000.00
65,000.00
$
-
Transfer from Fund 778 Street Lighting
83,600.00
83,600.00
83,600.00
$
-
Tax Collector Fees
(3,800.00)
(3,040.00)
(2,344.45)
$
695.55
Property Appraiser Fees
(2,500.00)
(2,000.00)
-
$
2,000.00
Reserve for Contingencies
(100.00)
(100.00)
-
$
100.00
Revenue Reserve
(6,400.00)
-
-
$
-
Total Non - Operating Revenues and Expenditure!
395,000.00
402,660.00
405,455.55
$
2,795.55
Net Profit /(Loss)
(0.00)
2,469,091.30
2,424,079.19
(45,012.11)
Page 1 of 1
.BEM
61 1
Florida Department of
Environmental Protection
South District Oftice
P.O. Box 2549
Fort Myers. Fl. 33902 -2549
Authorized Agent:
Turrell, Hall & Associates, Inc.
3584 Exchange Avenue
Naples, Florida 3410 =i
Environmental Resource Permit
State -owned Submerged Lands Authorization - Granted
, A 12"
C harlic Crist
GoveUnot
left Koltkamp
It t uivelflor
Matti A Drew
%ec.ret.rry
U.S. Army Corps of Engineers Authorization - Separate Corps Authorization
Required
Permit No.: 11- 0128463 -(X)5
Permit Issuance Date: December 17, 2010
Permit Construction Phase Expiration Date: December 17, 2015
CORRECTED LETTER
a
0
Permittee/Authorized Entity:
Collier Countv Beard of County Commissioners
C/o Pelican Bay Services Division
801 Laurel Oak Drive
Naples, Florida, 34108, Collier
W
v
>.
Clam Bay Restoration and Long Term Management
Ez
a
Authorized Agent:
Turrell, Hall & Associates, Inc.
3584 Exchange Avenue
Naples, Florida 3410 =i
Environmental Resource Permit
State -owned Submerged Lands Authorization - Granted
, A 12"
C harlic Crist
GoveUnot
left Koltkamp
It t uivelflor
Matti A Drew
%ec.ret.rry
U.S. Army Corps of Engineers Authorization - Separate Corps Authorization
Required
Permit No.: 11- 0128463 -(X)5
Permit Issuance Date: December 17, 2010
Permit Construction Phase Expiration Date: December 17, 2015
CORRECTED LETTER
a
0
ca
r_r
C}
q,
'-I
r-1
0
C•1
1
I
r
0
161 1 Al2`4
Consolidated Environmental Resource Permit and State -owned Submerged Lands
Authorization
Permittee: Collier County BOCC - PeIican Bay Services Division
Permit No: 11 -0128463 -W5
AUTHORIZATIONS
Clam Bay Restoration and Long Term Management
Project Description
The permittee is authorized to continue to perform maintenance activities in the Clam
Bay system originally permitted by permit number 11 -0128463- 001 -JC. The project is to
continue to improve the hydrodynamics of the Clam Bay ecosystem by conducting
activities specified by the Clam Bay Restoration and Management Plan (CBRMP)
approved in conjunction with the previous permit. Proposed activities include:
• Manual cleaning on an as needed basis of the interior flushing channels to
maintain design depths;
• Maintenance of a created network of small flushing channels within the
mangrove forest; and
• Periodic mangrove trimming along the canoe trail, berm, and boardwalks to
maintain canoe and kayak access, pedestrian access and storm water areas
within Clam Bay, a Class 11 waters not approved for shellfish harvesting. Authorized
activities are depicted on the attached exhibits.
The project described above may be conducted only in accordance with the terms,
conditions and attachments contained in this permit. The issuance of this permit does
not infer, nor guarantee, nor imply that future permits or modifications will be granted
by the Department.
Please be advised that this permit does not constitute the issuance of a NPDES
Stormwater Permit or acceptance of an NPDES Stormwater Pollution Prevention Plan.
For additional information regarding this matter please contact the NPDES Stormwater
Notices Center toll free at (866) 336 -6312 or Department personnel in Tallahassee at
(850) 245 -7522.
State -owned Submerged Lands Authorization
The activity is located on submerged lands owned by the State of Florida. It therefore
also requires authorization, from the Board of Trustees of the Internal Improvement
Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections
253.002 Florida Statutes (F.S.) and Chapter 258, F.S.
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11- 0128463 --005
Page 1 of 14
161 1. A?�
As staff to the Board of Trustees, the Department has determined that the activity
qualifies for a Letter of Consent, as long as the work performed is located within the
boundaries as described herein and is consistent with the terms and conditions herein.
Federal Authorization
A copy of this permit has been sent to the U.S. Army Corps of Engineers (USAGE). The
USACE may require a separate permit. Failure to obtain any required federal permits
prior to construction could subject you to enforcement action by that agency.
Coastal Zone Management
This permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act.
Water Qualily Certification
This permit constitutes certification of compliance with state water quality standards
under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
Other Authorizations
You are advised that authorizations or permits for this project may be required by other
federal, state or local entities including but not limited to local governments and
homeowner's associations. This permit does not relieve you from the requirements to
obtain all other required permits or authorizations.
In addition, you are advised that your project may require additional authorizations or
permits from the municipality /county in which the project is located. Please be sure to
contact the local county building and environmental department to obtain these
required authorizations.
PROJECT LOCATION
The activities authorized by this Permit and state -owned submerged lands
authorization are located in the Clam Bay Natural Resource Protection Area, with on-
site management offices located at 801 Laurel Oak Drive, Suite 605, Naples, Florida
34108 (folio 00239480006, Class II Waters not approved for shellfish harvesting, Sections
32 and 33, Township 48 South, Range 25 East, and Sections 4, 5,8 & 9, Township 49
South, Range 25 East, Collier County.
PERMIT STATE -OWNED SUBMERGED LANDS CONDITIONS
The activities described herein must be conducted in accordance with:
The Specific Conditions
• The General Conditions
• The General Consent Conditions
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
Permittee. Collier County BOCC - Pelican Day Services Division Permit Expiration: December 17, 2015
Permit No: 11 -0128463 -005
Page 2 of 14
e
0
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I
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161 1 Al2-1
You are advised to read and understand these conditions and drawings prior to
commencing the authorized activities, and to ensure the work is conducted in
conformance with all the terms, conditions, and drawings. if you are utilizing a
contractor, the contractor also should read and understand these conditions and
drawings prior to commencing the authorized activities. Failure to comply with these
conditions, including any mitigation requirements, shall constitute grounds for
revocation of the Permit and appropriate enforcement action by the Department.
Operation of the facility is not authorized except when determined to be in
conformance with all applicable rules and this permit /certification /authorization and
state -owned submerged lands authorization, as specifically described above.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
1. At least 30 day prior to each construction event, the permittee shall identify a
qualified biologist/ wetland scientist(s) familiar with the ecosystems of Florida, and
submit their qualifications to the Department, to serve as the supervising scientist that
oversees the biological components of this restoration project and will halt construction
if he /she suspects that violations of the permit have occurred.
2. All required submittals such as certifications, monitoring reports, notifications,
etc., shall be submitted to the Florida Department of Environmental Protection, South
District Office, P.O. Box 2549, Fort Myers, FL 33902 -2549. All submittals shall include
the project name and indicated permit number when referring to this project.
Note: In the event of an emergency, the Permittee should contact the Department by
calling (800)320 -0519. During normal business hours, the permittee should call
(239)332 -6975.
3. Construction and operation of the project shall comply with applicable State
Water Quality Standards, namely:
a. Rule 62- 302.500, F.A.C. - Surface Waters: Minimum Criteria, General
Criteria; and
b. Rule 62- 302.530, F.A.C. - Table: Surface Water Quality Criteria - Class 11
Waters;
4. If at any time during construction of the permitted facility, unforeseen
construction impacts to adjacent surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately
cease work and notify the Department's South District Office, SLERP Section, P.O. Box
2549, Fort Myers Florida -3,3902-2549,2,39-332-6975. The Permittee shall submit an
alternate construction plan to the Department to allow construction to proceed without
Permittee: Collier County BOC:C - Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11-0128463-005
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additional impact or non - compliance. Work shall not continue until the Department
has approved the modification in writing. Substantial changes from the permitted
activities may require formal review and modification of this permit.
5. Turbidity barriers shall be installed and maintained at all locations where the
possibility of transferring suspended solids into surface waters exists due to the
authorized work. Turbidity barriers shall remain in place at all locations and be
properly maintained until construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in the State of Florida Erosion and Sediment Control Designer
and Reviewer Manual, FDOT, FDEP (2007), available on the Department's website at
http• / /www dep state fl.us /waterZnonpoint /dots /erosion /erosion- inspectors-
manual.pdf. Following the completion of construction, the Permittee shall be
responsible for the removal of the turbidity barriers and shall correct any erosion or
shoaling that has the potential to cause adverse impacts to wetlands or surface waters.
SPECIFIC CONDITIONS - CONSTRUCTION ACTIVITIES
6. All work is to be conducted by hand. Access to the flushing channels shall be
accomplished by a small boat or on foot. Any blockage to the flushing channels shall be
cleared by hand with material being broadcast out to the sides of the flushing channels.
Any new channels to be dug shall be dug by hand and their location identified on a site
plan of the area. At no time shall any blasting occur to create new flushing channels.
7. All mangrove trimming activities are to be supervised by the qualified
biologist/ wetlands scientist(s) described in Specific Condition 1 of this permit. All
trimming shall be done in accordance with Sections 403.9321 - 403.9333, F.S.
8. All mangrove trimming shall be done on an as needed basis and shall be
conducted by hand from the existing boardwalks or from a small boat only in areas that
need to be trimmed in order to maintain access through the existing canoe trail or
boardwalks. Mangrove trimming procedures must be followed pursuant to Sections
403.9327, F.S. No trimming of mangroves to create or enhance views within this
ecosystem is permitted. No alteration, removal or defoliation is permitted. In the
event that a tree has fallen and completely blocked the waterway, the tree and all limbs
shall be removed to maintain navigational access. All trimmed debris shall be removed
from the site and disposed of in uplands.
9. All exotic and invasive vegetation, including Brazilian pepper (Scithltts
terebinthifolius), punk tree (Melaleuca quinquenemia), Australian pine (Casuarina
equisetifolia), vines, and other exotic and invasive vegetation listed on the latest Category
1 and Category 2 list of the Florida Exotic Pest Plan Council shall be removed from the
Clam Bay Natural Resource Protection Area. Maintenance shall be conducted in
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11- 0128463 -005
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accordance with the Clam Bay Restoration and Management Plan amended on July 8,
1998 (CBRMP) to ensure that the area is maintained free from Category 1 and Category
2 exotic and invasive vegetation (as defined by the Florida Exotic Pest Plant Council at
the time of permit issuance). Maintenance in perpetuity shall also ensure that the area
maintains the species and coverage of native, desirable vegetation specified in the
permit. Coverage of exotic and invasive plant species shall not exceed 1 % of total cover
between maintenance activities.
10. Within seven (7) days of completion of the authorized activities within each
work area (including the mangrove trimming, interior channel excavations, and
removal of nuisance exotic vegetation) throughout the Clam Bay ecosystem, the
contracted crews shall return to each work area and remove the trimmed branches and
trees (dead trees approved for removal) greater than 1 inch in diameter to appropriate
upland locations. The crews shall also side cast spoil material in such a manner as to
avoid creation of a berm or pile. The spoil shall be leveled and distributed such that
there is no impediment to sheet flow and no created uplands as a result of the project.
SPECIFIC CONDITIONS - MONITORING
11. Water Quality Monitoring. The permittee shall implement a long -term water
quality monitoring program, to be conducted on a quarterly basis, track trends and
patterns within the Clam Bay ecosystem. Monitoring stations established by the
previous permit throughout Upper, Inner and Outer Clam Bay shall continue to be
monitored and record the following parameters. All measurements and analyses for
each parameter shall be made using approved methods providing a PQL (Practical
Quantification Limit) below the water quality standard for the parameter as listed in
Rule 62 -302, F.A.C.:
Parameter
(a) Dissolved Oxygen -mg /l (2 samples
intervals through a 24 hour period)
(b) TKN, NO2 -N, NCN -N,
(c) Specific Conductivity
(d) Chlorophyll
(e) Phosphorus
(f) Pheophytin
(g) PH
(h) Suspended solids
4
taken diel per quarter samples 4 hour
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Rec) orting
All data shall be submitted with the documents containing the following
information: (1) permit application number; (2) dates of sampling; and analysis;
(3) a statement describing the methods used in collection, handling, storage and
analysis of the samples; (4) a map indicating the sampling locations; (5) a
statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data; and (6) documentation that the laboratory performing the sampling
and analyses has an approved quality assurance plan on file with DEP.
Monitoring reports shall also include the following information for each sample
that is taken:
(a) time of day samples taken;
(b) water temperature ( °C);
(c) salinity (ppt);
(d) depth of water body;
(e) depth of sample;
(f) antecedent weather conditions;
(g) tidal stage and direction of flow;
(h) wind direction and velocity;
W sedimentation;
(j) rainfall;
(k) other influential flows, such as groundwater and storm water
flows;
(1) identification of the sample location which corresponds to the
sample location number shown on the sampling location map;
(m) the appropriate Rule 62 -302, F.A.C., standard for the parameter
being measured; and
(n) the detection limit for the parameter being measured.
In addition to the above, all data shall be reported in a table (or tables) which
clearly list(s) the results of parameters measured at each location, and the
information described above.
12. Based on the data previously collected and on going water quality monitoring
analyzed in conjunction with the permitted activities, should the data continue to show
a correlation between elevated nutrient levels in the Clam Bay ecosystem and the golf
course and development fertilization schedule, a remediation plan must be prepared to
address this issue within 6 months of submittal of the second monitoring report. This
Permittee: Collier County BOC:.0 -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11-012846,3-W5
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plan should include detailed descriptions of the problem and the actions proposed to
address the problem, maps, activities to be conducted and the methods used to conduct
those activities. The intent of the plan is to reduce discharge of nutrients into the
system and avoid the elevated nutrient levels, through modified management
techniques, best management practices, etc. In the event that the continued monitoring
reveals other water quality concerns, or impacts to the habitat and /or productivity of
the preserve area, the Permittee shall submit a plan of remediation along with the
required monitoring reports.
13. Biological Monitoring
a. The permittee shall provide flight dated aerial photography of the Clam Bay
ecosystem annually. The aerials shall be taken during July of each year and
submitted to the Department annually for the duration of the permit. The aerials
must be color, vertical aerial photographs, controlled and rectified at a scale
appropriate for post- production digitalization and a scale sufficient to delineate
differing habitat zones and dominant species within each zone. The flight line
shall include all of the Clam Bay Natural Resource Protection Area and the
nearshore zone to at least 400 feet offshore (from the mean high water line);
b. As concurrently as possible with taking the aerial photographs, ground - truthing
activities shall be conducted in areas of special concern within the Clam Bay
Ecosystem, including areas of widespread dead and dying mangroves, Inner,
Upper and Outer Clam Bays, the areas receiving water discharges from the
uplands, and areas contiguous with the main pass. The grou nd-tru thing
activities shall include the use of the latest accepted scientific methods to survey
the types of habitats of concern within the Clam Bay ecosystem, including
mangrove and seagrass dominated habitats. These surveys shall include a listing
of species present, percent coverage species, size ranges and averages, and
overall health/ biological trends for each fixed quadrat, transect, or plot studied.
These surveys and any associated drawings/ mapping shall be conducted prior
to conducting the maintenance activities once each year (in July) thereafter for
the life of the permit.
c. Annual biological monitoring reports (BMRs) shall be submitted beginning one
year following permit issuance. The first annual BMR shall contain a summary
of the result of the monitoring and restoration actions from the previous permit
as well as the time -zero conditions of the Clam Bay ecosystem existing prior to
commencement of the permitted activities and a progress report of the activities
conducted since permit issuance. Thereafter, each BMR shall contain a progress
report of the activities completed since the previous BMR and all data collected
pursuant to a. and b. above. Each BMR shall include graphical representation
and overlays of the collected data on computer generated drawings of the aerials,
and ground -level color panoramic photos of each study area at fixed stations.
The annual BMRs shall also contain an analysis of the collected data and make
Permitiee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11-012840-005
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conclusions and recommendations concerning the impacts to permitted activities
have had on the Clam Bay ecosystem based on the analysis of the data collected,
including the biological monitoring data and the water quality data monitoring
data as well as any tidal or hydrological information collected as part of the
permitted activities.
SPECIFIC CONDITIONS - MANATEE AND MARINE TURTLE CONDITIONS
14. All personnel associated with the project shall be instructed about the presence
of marine turtles, manatees and manatee speed zones, and the need to avoid collisions
with or injury to marine turtles and manatees. The permittee shall advise all
construction personnel that there are civil and criminal penalties for harming,
harassing, or killing marine turtles or manatees which are protected under the Marine
Mammal Protection Act, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
15. All vessels associated with the construction project shall operate at "Idle
Speed/ No Wake' at all times while in the immediate area and while in water where the
draft of the vessel provides less than a four -foot clearance from the bottom. All vessels
will follow routes of deep water whenever possible.
16. Siltation or turbidity barriers shall be made of material in which marine turtles or
manatees cannot become entangled, shall be properly secured, and shall be regularly
monitored to avoid marine turtle or manatee entanglement or entrapment. Barriers
must not impede marine turtle or manatee movement.
17. All on -site project personnel are responsible for observing water- related activities
for the presence of marine turtles or manatees. All in -water operations, including
vessels, must be shutdown if a marine turtle(s) or manatee(s) comes within 50 feet of the
operation. Activities will not resume until the marine turtle(s) or manatees) has moved
beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the
marine turtle(s) or manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
18. Any collision with or injury to a marine turtle or manatee shall be reported
immediately to the FWC Hotline at 1- 888404 -FWCC. Collision and /or injury should
also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 -731 -3336) for
north Florida or Vero Beach (1- 772 -562 -3909) for south Florida.
19. Temporary signs concerning marine turtles and manatees shall be posted prior to
and during all in -water project activities. All signs are to be removed by the permittee
upon completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11- 0128463 -005
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used (see MyFWC.com). One sign which reads Ca►►tio► ►: Boaters must be posted. A
second sign measuring at least 81/2" by 11" explaining the requirements for "Idle
Speed /No Wake" and the shut -down of in -water operations must be posted in a
location prominently visible to all personnel engaged in water - related activities.
GENERAL CONDITIONS:
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1. All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Any
deviation from the permitted activity and the conditions for undertaking that activity
shall constitute a violation of this permit and a violation of Part IV of Chapter 373, (F.S.).
2. This permit or a copy thereof, complete with all conditions, attachments,
exhibits, and modifications shall be kept at the work site of the permitted activity. The
complete permit shall be available for review at the work site upon request by the
Department staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does
not cause violations of state water quality standards. The permittee shall implement
best management practices for erosion and pollution control to prevent violations of
state water quality standards. Temporary erosion control shall be implemented prior to
and during construction and permanent control measures shall be completed within
seven (7) days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into
the receiving water -body exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized
and vegetation has been established. All practices shall be in accordance with the
guidelines and specifications described in Chapter Six of the Florida Land Development
Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), unless a project- specific erosion and sediment control
plan is approved as part of the permit. Thereafter, the permittee shall be responsible for
the removal of the barriers. The permittee shall correct any erosion or shoaling that
causes adverse impacts to the water resources.
4. The permittee shall notify the Department of the anticipated construction start
date within thirty (30) days of the date that this permit is issued. At least forty -eight
(48) hours prior to commencement of the activity authorized by this permit, the
permittee shall submit to the Department an "Environmental Resource Permit
Construction Commencement" notice (Form No. 62- 343.900(3), Florida Administrative
Code (F.A.C.)) indicating the actual start date and expected completion date.
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11 -0128463 -005
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5. When the duration of construction will exceed one year, the permittee shall
submit construction status reports to the Department on an annual basis utilizing an
"Annual Status Report Form" (Form No. 62- 343.900(4), F.A.C.). Status Report Forms
shall be submitted the following June of each year.
6. Within thirty (30) days after completion of construction of the permitted
activity, the permittee shall submit a written statement of completion and certification
by a registered professional engineer or other appropriate individual as authorized by
Iaw utilizing the supplied "Environmental Resource Permit As -Built Certification by a
Registered Professional" (Form No. 62- 343.900(5), F.A.C.). The Statement of completion
and certification shall be based on on -site observation of construction or review of as-
built drawings for the purpose of determining if the work was completed in compliance
with permitted plans and specifications. This submittal shall serve to notify the
Department that the system is ready for inspection. Additionally, if deviations from the
approved drawings are discovered during the certification process, the certification
must be accompanied by a copy of the approved permit drawings with deviations note.
Both the original and revised specifications must be clearly shown. The plans must be
clearly labeled as "as- built" or "record" drawing. All surveyed dimensions and
elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective; until the permittee
has complied with the requirements of condition number six (6) above, has submitted a
"Request for Transfer of Environmental Resource Permit Construction Phase to
Operation Phase" (Form 62- 343.900(7), F.A.C.); the Department determines the system
to be in compliance with the permitted plans and specifications; and the entity
approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of
Review for Environmental Resource Permit Applications Within the South Florida
Water Management District -- August 1995, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved
operation and maintenance entity until the operation phase of the permit becomes
effective. Following inspection and approval of the permitted system by the
Department, the permittee shall initiate transfer of permit to the approved responsible
operation entity if different from the permittee. Until the permit is transferred pursuant
to Rule 62-343.110(l) (d), F.A.C., the permittee shall be liable for compliance with the
terms of the permit.
8. Each phase or independent portion of the permitted system must be completed
in accordance with the permitted plans and permit conditions prior to the initiation of
the permitted use of site infrastructure located within the area served by that portion or
phase of the system. Each phase or independent portion of the system must be
completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of the
system to a local government or other responsible entity.
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11- 0128463 -005
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9. For those systems that will be operated or maintained by an entity that will
require an easement or deed restriction in order to enable that entity to operate or
maintain the system in conformance with this permit, such easement or deed restriction
must be recorded in the public records and submitted to the Department along with
any other final operation and maintenance documents required by Sections 9.0 and 10.0
of the Basis of Review for Environmental Resource Permit Applications Within the
South Florida Water Management District— August 1995, prior to lot or unit sales or
prior to lot or unit sales or prior to the completion of the system, whichever occurs first.
Other documents concerning the establishment and authority of the operation entity
must be filed with the Secretary of State where appropriate. For those systems which
are proposed to be maintained by the county or municipal entities, final operation and
maintenance documents must be received by the Department when maintenance and
operation of the system is accepted by the local government entity. Failure to submit
the appropriate final documents will result in the permittee remaining liable for
carrying out maintenance and operation of the permitted system and any other permit
conditions.
10. Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation
so that a determination can be made whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved by
this permit. This permit does not convey to the permittee or create in the permittee any
property right, or any interest in real property, nor does it authorize any entrance upon
or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or
Chapter 4011-40, F.A.C.
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may
not commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the state, the title to which is vested in the Board of Trustees
of the Internal Improvement Trust Fund without obtaining the required lease, license,
easement, or other form of consent authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorization from the Board of
Trustees prior to commencing activity on sovereignty lands or other state owned lands.
13. The permittee is advised that the rules of the South Florida Water Management
District require the permittee to obtain a water use permit from the South Florida Water
management District prior to construction dewatering, unless the work qualifies for a
general permit pursuant to Rule 40E- 20302 (4), F.A.C., also known as the "No Notice"
rule.
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Permit No: 11 -0126463 -005
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14. The permittee shall hold and save the Department harmless from any and all
damages, claims or liabilities which may arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by this
permit.
15. Any delineation of the extent of a wetland or other surface water submitted as
part of the permit application, including plans or other supporting documentation, shall
not be considered binding unless a specific condition of this permit or a formal
determination under Section 373.421(2). F.S., provides otherwise.
16. The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real
property on which the permitted system is located. All transfers of ownership or
transfers of a permit are subject to the requirements of Rule 62-343.130, F.A.C. The
permittee transferring the permit shall remain liable for corrective actions that may be
required as a result of any violations prior to the sale, conveyance or other transfer of
the system.
17. Upon reasonable notice to the permittee, Department authorized staff with
proper identification shall have permission to enter, inspect, sample and test the system
to insure conformity with the plans and specifications approved by the permit.
1.8. If historical or archaeological artifacts are discovered at any time on the project
site, the permittee shall immediately notify the appropriate Department office.
The permittee shall immediately notify the Department in writing of and previously
submitted information that is later discovered to be inaccurate.
GENERAL CONSENT CONDITIONS
Chapter 18- 21004(7), F A C., General Conditions for Authorizations:
Authorizations are valid only for the specified activity or use. Any unauthorized
deviation from the specified activity or use and the conditions for undertaking
that activity or use shall constitute a violation. Violation of the authorization
shall result in suspension or revocation of the grantee's use of the sovereignty
submerged land unless cured to the satisfaction of the Board.
2. Authorizations convey no title to sovereignty submerged land or water column,
nor do they constitute recognition or acknowledgment of any other person's title
to such land or water.
Permittee: C o tier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11 -0128463-005
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3. Authorizations may be modified, suspended or revoked in accordance with their
terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-
14, F.A.C.
4. Structures or activities shall be constructed and used to avoid or minimize
adverse impacts to sovereignty submerged lands and resources.
5. Construction, use, or operation of the structure or activity shall not adversely
affect any species which is endangered, threatened or of special concern, as listed
in Rules 68A-27.003,68A-27.004, and 68A- 27.005, F.A.C.
6. Structures or activities shall not unreasonably interfere with riparian rights.
When a court of competent jurisdiction determines that riparian rights have been
unlawfully affected, the structure or activity shall be modified in accordance
with the court's decision.
7. Structures or activities shall not create a navigational hazard.
8. Structures shall be maintained in a functional condition and shall be repaired or
removed if they become dilapidated to such an extent that they are no longer
functional. This shall not be construed to prohibit the repair or replacement
subject to the provisions of Rule 18- 21.005, F.A.C., within one year, of a structure
damaged in a discrete event such as a storm, flood, accident, or fire.
9. Structures or activities shall be constructed, operated, and maintained solely for
water dependent purposes, or for non -water dependent activities authorized
under paragraph 18- 21.004(1)(g), F.A.C., or any other applicable law.
NOTICE OF RIGHTS
This Permit is hereby final unless a sufficient petition for an administrative hearing is
timely filed under Sections 120.569 and 120.57 of the Florida Statutes (F.S.) as provided
below. The procedures for petitioning for a hearing are set forth below.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may
petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57,
F.S. The petition must contain the information set forth below and must be filed
(received by the clerk) in the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000.
Permittee: Collier County BOCC - Pelican Bay 'services Division Permit Expiration: December 17, 2015
Permit No: 11-0128463-005
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Because the administrative hearing process is designed to re- determine final agency
action on the application, the filing of a petition for an administrative hearing may
result in a modification of the permit or even a denial of the application. If a sufficient
petition for an administrative hearing or request for an extension of time to file a
petition is timely filed, this permit automatically becomes only proposed agency action
on the application, subject to the result of the administrative review process.
Accordingly, the applicant is advised not to commence construction or other activities
under this permit until the deadlines noted below for filing a petition for an
administrative hearing, or request for an extension of time has expired.
Under Rule 62- 110.106(4), Florida Administrative Code (F.A.C.), a person whose
substantial interests are affected by the Department's action may also request an
extension of time to file a petition for an administrative hearing. The Department may,
for good cause shown, grant the request for an extension of time. Requests for extension
of time must be filed with the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, before the
applicable deadline. A timely request for extension of time shall toll the running of the
time period for filing a petition until the request is acted upon. If a request is filed late,
the Department may still grant it upon a motion by the requesting party showing that
the failure to file a request for an extension of time before the deadline was the result of
excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed,
other persons whose substantial interests will be affected by the outcome of the
administrative process have the right to petition to intervene in the proceeding. Any
intervention will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28- 106.205, F.A.C.
In accordance with Rule 62- 110.106(3) F.A.C., petitions for an administrative hearing by
the applicant must be filed within 14 days of receipt of this written notice. Petitions filed
by any persons other than the applicant, and other than those entitled to written notice
under section 120.60(:1) of the Florida Statutes must be filed within 14 days of
publication of the notice or within 14 days of receipt of the written notice, whichever
occurs first.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the
Department for notice of agency action may file a petition within 14 days of receipt of
such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated
,r above at the time of filing. The failure of any person to file a petition for an
administrative hearing within the appropriate time period shall constitute a waiver of
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that person's right to request an administrative determination (hearing) under sections
120.569 and 120.57 of the Florida Statutes.
A petition that disputes the material facts on which the Department's action is based
must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner, the name,
address, and telephone number of the petitioner's representative, if any, which shall be
the address for service purposes during the course of the proceeding; • • and an
explanation of how the petitioner's substantial interests are or will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the
petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific
facts that the petitioner contends warrant reversal or modification of the agency's
proposed action; and
(f) A statement of the specific rules or statutes that the petitioner contends
require reversal or modification of the agency's proposed action;
(g) A statement of the relief sought by the petitioner, stating precisely the
action that the petitioner wishes the agency to take with respect to the agency's
proposed action.
A petition that does not dispute the material facts on which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information asset forth above, as required by Rule 2$- 106301, F.A.C. Under Sections
120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by
the agency if the petition does not substantially comply with the above requirements or
is untimely filed.
This action is final and effective on the d.ate filed with the Clerk of the Department
unless a petition is filed in accordance with the above. Upon the timely filing of a
petition this order will not be effective until further order of the Department.
This permit constitutes an order of the Department. The applicant has the right to seek
judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal
under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the
Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail
Station 35, Tallahassee, Florida, 32399 :3000; and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate district court of appeal.
The notice of appeal must be filed within 30 days from the date when the final order is
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11- 0128463 -005
Page 15 of 14
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filed with the Clerk of the Department. The applicant, or any party within the meaning
of Section 373.114(1)(a), F.S., may also seek appellate review of this order before the
Land and Water Adjudicatory Commission under Section 373.114(1), F.S. Requests for
review before the Land and Water Adjudicatory Commission must be filed with the
Secretary of the Commission and served on the Department within 20 days from the
date when the final order is filed with the Clerk of the Department.
Executed in Lee County, Florida.
JMI /ap
Attachments:
Project Drawings and Design Specs., 10 pages
Commencement notice /62- 343.900(3)
Annual status report /62 ;'1'43.900(4)
As -built certification /62- 343.900(5)
Transfer construction to operation phase/ 62- 343.9000
Copies furnished to:
DEP, Office of General Counsel
U.S. Army Corps of Engineers, Log # 12534
FWC, Imperiled Species Management Section
Collier County Property Appraiser
Turrell, Hall & Associates, Inc.
File
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon M. Iglehart
District Director
South District Office
CER`T'IFICATE OF SERVICE
The undersigned hereby certifies that this permit and authorization to use sovereignty
submerged lands, including all copies, were mailed before the close of business on
-�k 70 to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120,52(7) of the
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
r-
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Clerk Date
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Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2015
Permit No: 11 111284635
Page 16 of 14
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Florida Department of = °'` "'" `1 O
t a,vl�, Ilf�l
Environmental Protection it•riK0ttkllip
South DiAnLL U(iicc It 611 1nvf
P.O. Box 2549tlnu t)re�w
Fort Mycrs, FL 33902 -2549
Sctrctary
Permittee/Authorized Entity:
Collier County Board of County Commissioners RECEIVED
c/o Pelican Bay Services Division
801 Laurel Oak Drive DEC 2 0 20
Naples, Florida, 34108, Collier OR)CAh 60 SERVW
Clara Bay Restoration and Long Term Management
Authorized Agent:
Turrell, Hall & Associates, Inc.
3584 Exchange Avenue
Naples, Florida 34104
Environmental Resource Permit
State -owned Submerged Lands Authorization - Granted
U.S. Army Corps of Engineers Authorization - Separate Corps Authorization
Required
Permit No.: 11 -0128463 -005
Permit Issuance Date: December 17, 2010
Permit Construction Phase Expiration Date: December 17, 2015
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Consolidated Environmental Resource Permit and State -owned Submerged Lands
Authorization
Permittee: Collier County BOCC - Pelican Bay Services Division
Permit No: 11-0128463-005
AUTHORIZATIONS
Clam Bay Restoration and Long Term Management
Project Description
The permittee is authorized to continue to perform maintenance activities in the Clam
Bay system originally permitted by permit number 11- 0128463 - 001 -JC. The project is to
continue to improve the hydrodynamics of the Clam Bay ecosystem by conducting
activities specified by the Clam Bay Restoration and Management Plan (CBRMP)
approved in conjunction with the previous permit. Proposed activities include:
• Manual cleaning on an as needed basis of the interior flushing channels to
maintain design depths;
• Maintenance of a created network of small flushing channels within the
mangrove forest; and
• Periodic mangrove trimming along the canoe trail, berm, and boardwalks to
maintain canoe and kayak access, pedestrian access and storm water areas
within Clam Bay, a Class 11 waters not approved for shellfish harvesting. Authorized
activities are depicted on the attached exhibits.
The project described above may be conducted only in accordance with the terms,
conditions and attachments contained in this permit. The issuance of this permit does
not infer, nor guarantee, nor imply that future permits or modifications will be granted
by the Department.
Please be advised that this permit does not constitute the issuance of a NPDES
Stormwater Permit or acceptance of an NPDES Stormwater Pollution Prevention Plan.
For additional information regarding this matter please contact the NPDES Stormwater
Notices Center toll free at (866) 336 -6312 or Department personnel in Tallahassee at
(850) 245 -7522.
State -owned Submerged Lends Authorization
The activity is located on submerged lands owned by the State of Florida. It therefore
also requires authorization, from the Board of Trustees of the Internal Improvement
Trust Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections
253.002 Florida Statutes (F.S.) and Chapter 258, F.S.
Permittee: Collier County BO CC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 1 1- 01 28463 -005
Page 1 of 14
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As staff to the Board of Trustees, the Department has determined that the activity
qualifies for a Letter of Consent, as long as the work performed is located within the
boundaries as described herein and is consistent with the terms and conditions herein.
Federal Authorization
A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The
USACE may require a separate permit. Failure to obtain any required federal permits
prior to construction could subject you to enforcement action by that agency.
Coastal Zone Management
This permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act.
Water uality Certification
This permit constitutes certification of compliance with state water quality standards
under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
Other Authorizations
You are advised that authorizations or permits for this project may be required by other
federal, state or local entities including but not limited to local governments and
homeowner's associations. This permit does not relieve you from the requirements to
obtain all other required permits or authorizations.
In addition, you are advised that your project may require additional authorizations or
permits from the municipality/ county in which the project is located. Please be sure to
contact the local county building and environmental department to obtain these
required authorizations.
PROJECT LOCATION
The activities authorized by this Permit and state -owned submerged lands
authorization are located in the Clam Bay Natural Resource Protection Area, with on-
site management offices located at 801 Laurel Oak Drive, Suite 605, Naples, Florida
34108 (folio 002.3948000%, Class Il Waters not approved for shellfish harvesting, Sections
32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8 & 9, Township 49
South, Range 25 East, Collier County.
PERMIT STATE -OWNED SUBMERGED LANDS CONDITIONS
The activities described herein must be conducted in accordance with:
* The Specific Conditions
The General Conditions
• The General Consent Conditions
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11-0128463-005
Page 2 of 14
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You are advised to read and understand these conditions and drawings prior to
commencing the authorized activities, and to ensure the work is conducted in
conformance with all the terms, conditions, and drawings. if you are utilizing a
contractor, the contractor also should read and understand these conditions and
drawings prior to commencing the authorized activities. Failure to comply with these
conditions, including any mitigation requirements, shall constitute grounds for
revocation of the Permit and appropriate enforcement action by the Department.
Operation of the facility is not authorized except when determined to be in
conformance with all applicable rules and this permit /certification /authorization and
state -owned submerged lands authorization, as specifically described above.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
1. At least 30 day prior to each construction event, the permittee shall identify a
qualified biologist/ wetland scientist(s) familiar with the ecosystems of Florida, and
submit their qualifications to the Department, to serve as the supervising scientist that
oversees the biological components of this restoration project and will halt construction .
if he /she suspects that violations of the permit have occurred.
2. All required submittals such as certifications, monitoring reports, notifications,
etc., shall be submitted to the Florida Department of Environmental Protection, South
District Office, P.O. Box 2549, Fort Myers, FL 33902 -2549. All submittals shall include
the project name and indicated permit number when referring to this project.
Note: In the event of an emergency, the Permittee should contact the Department by
calling (800)320 -0519. During normal business hours, the permittee should call
(239)332 -6975.
3. Construction and operation of the project shall comply with applicable State
Water Quality Standards, namely:
a. Rule 62:302.500, F.A.C. - Surface Waters: Minimum Criteria, General
Criteria; and
b. Rule 62- 302.530, F.A.C. - Table: Surface Water Quality Criteria - Class 11
Waters;
4. if at any time during construction of the permitted facility, unforeseen
construction impacts to adjacent surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately
cease work and notify the Department's South District Office, SLERP Section, P.O. Box
2549, Fort Myers Florida 33902 -2549, 239- 332 -6975. The Permittee shall submit an
alternate construction plan to the Department to allow construction to proceed without
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 1 1- 01 28463 -005
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additional impact or non - compliance. Work shall not continue until the Department
has approved the modification in writing. Substantial changes from the permitted
activities may require formal review and modification of this permit.
5. Turbidity barriers shall be installed and maintained at all locations where the
possibility of transferring suspended solids into surface waters exists due to the
authorized work. Turbidity barriers shall remain in place at all locations and be
properly maintained until construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in the State of Florida Erosion and Sediment Control Designer
and ReHeu�er Manual, FDOT, FDEP (2007), available on the Department's website at
http:/ /www.dep.state.fl.us/ water/ nonp2int/ does /erosion /erosion - inspectors-
manual.pdf. Following the completion of construction, the Permittee shall be
responsible for the removal of the turbidity barriers and shall correct any erosion or
shoaling that has the potential to cause adverse impacts to wetlands or surface waters.
SPECIFIC CONDITIONS - CONSTRUCTION ACTIVITIES
6. All work is to be conducted by hand. Access to the flushing channels shall be
accomplished by a small boat or on foot. Any blockage to the flushing channels shall be
cleared by hand with material being broadcast out to the sides of the flushing channels.
Any new channels to be dug shall be dug by hand and their location identified on a site
plan of the area. At no time shall any blasting occur to create new flushing channels.
7. All mangrove trimming activities are to be supervised by the qualified
biologist/ wetlands scientist(s) described in Specific Condition 1 of this permit. All
trimming shall be done in accordance with Sections 403.932140;3.9333, F.S.
8. All mangrove trimming shall be done on an as needed basis and shall be
conducted by hand from the existing boardwalks or from a small boat only in areas that
need to be trimmed in order to maintain access through the existing canoe trail or
boardwalks. Mangrove trimming procedures must be followed pursuant to Sections
403.9327, F.S. No trimming of mangroves to create or enhance views within this
ecosystem is permitted. No alteration, removal or defoliation is permitted. In the
event that a tree has fallen and completely blocked the waterway, the tree and all limbs
shall be removed to maintain navigational access. All trimmed debris shall be removed
from the site and disposed of in uplands.
9. All exotic and invasive vegetation, including Brazilian pepper (Schinus
terebinthifolitis), punk tree (Melaleuca guinguenen4a), Australian pine (Casuarina
equisetifolia), vines, and other exotic and invasive vegetation listed on the latest Category
1 and Category 2 list of the Florida Exotic Pest Plan Council shall be removed from the
Clam Bay Natural Resource Protection Area. Maintenance shall be conducted in
Permittee: Collier County BO CC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 0121146.'3 -M5
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accordance with the Clam Bay Restoration and Management Plan amended on July 8,
1998 (CBRMP) to ensure that the area is maintained free from Category 1 and Category
2 exotic and invasive vegetation (as defined by the Florida Exotic Pest Plant Council at
the time of permit issuance). Maintenance in perpetuity shall also ensure that the area
maintains the species and coverage of native, desirable vegetation specified in the
permit. Coverage of exotic and invasive plant species shall not exceed 1% of total cover
between maintenance activities.
10. Within seven (7) days of completion of the authorized activities within each
work area (including the mangrove trimming, interior channel excavations, and
removal of nuisance exotic vegetation) throughout the Clam Bay ecosystem, the
contracted crews shall return to each work area and remove the trimmed branches and
trees (dead trees approved for removal) greater than 1 inch in diameter to appropriate
upland locations. The crews shall also side cast spoil material in such a manner as to
avoid creation of a berm or pile. The spoil shall be leveled and distributed such that
there is no impediment to sheet flow and no created uplands as a result of the project.
SPECIFIC CONDITIONS - MONITORING
11. Water Quality Monitoring. The permittee shall implement a long -term water
quality monitoring program, to be conducted on a quarterly basis, track trends and
patterns within the Clam Bay ecosystem. Monitoring stations established by the
previous permit throughout Upper, Inner and Outer Clam Bay shall continue to be
monitored and record the following parameters. All measurements and analyses for
each parameter shall be made using approved methods providing a PQL (Practical
Quantification Limit) below the water quality standard for the parameter as listed in
Rule 62 -302, F.A.C.:
Parameter
(a) Dissolved Oxygen-mg/1 (2 samples
intervals through a 24 hour period)
(b) TKN, NO2 -N, NOS -N,
(c) Specific Conductivity
(d) Chlorophyll
(e) Phosphorus
(f) Pheophytin
(g) PH
(h) Suspended solids
taken diel per quarter samples 4 hour
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11 -0128463 -005
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Reporting
All data shall be submitted with the documents containing the following
information: (1) permit application number; (2) dates of sampling; and analysis;
(3) a statement describing the methods used in collection, handling, storage and
analysis of the samples; (4) a map indicating the sampling locations; (5) a
statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data; and (6) documentation that the laboratory performing the sampling
and analyses has an approved quality assurance plan on file with DEP.
Monitoring reports shall also include the following information for each sample
that is taken:
(a) time of day samples taken;
(b) water temperature ( °C);
(c) salinity (ppt);
(d) depth of water body;
(e) depth of sample;
(f) antecedent weather conditions;
(g) tidal stage and direction of flow;
(h) wind direction and velocity;
W sedimentation;
(j) rainfall;
(k) other influential flows, such as groundwater and storm water
flows;
(1) identification of the sample location which corresponds to the
sample location number shown on the sampling location map;
(m) the appropriate Rule 62 -302, F.A.C., standard for the parameter
being measured; and
(n) the detection limit for the parameter being measured.
In addition to the above, all data shall be reported in a table (or tables) which
clearly list(s) the results of parameters measured at each location, and the
information described above.
12. Based on the data previously collected and on going water quality monitoring
analyzed in conjunction with the permitted activities, should the data continue to show
a correlation between elevated nutrient levels in the Clam Bay ecosystem and the golf
course and development fertilization schedule, a remediation plan must be prepared to
address this issue within 6 months of submittal of the second monitoring report. This
Permittee: Collier County BCKC - Pelican Day Services Division Permit Expiration: December 17,201U
Permit No: 11-0128463-005
Page 6 of 14
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plan should include detailed descriptions of the problem and the actions proposed to
address the problem, maps, activities to be conducted and the methods used to conduct
those activities. The intent of the plan is to reduce discharge of nutrients into the
system and avoid the elevated nutrient levels, through modified management
techniques, best management practices, etc. In the event that the continued monitoring
reveals other water quality concerns, or impacts to the habitat and /or productivity of
the preserve area, the Permittee shall submit a plan of remediation along with the
required monitoring reports.
13. Biological Monitoring
a. The permittee shall provide flight dated aerial photography of the Clam Bay
ecosystem annually. The aerials shall be taken during July of each year and
submitted to the Department annually for the duration of the permit. The aerials
must be color, vertical aerial photographs, controlled and rectified at a scale
appropriate for post - production digitalization and a scale sufficient to delineate
differing habitat zones and dominant species within each zone. The flight line
shall include all of the Clam Bay Natural Resource Protection Area and the
nearshore zone to at least 400 feet offshore (from the mean high water line);
b. As concurrently as possible with taking the aerial photographs, ground- truthing
activities shall be conducted in areas of special concern within the Clain Bay
Ecosystem, including areas of widespread dead and dying mangroves, Inner,
Upper and Outer Clam Bays, the areas receiving water discharges from the
uplands, and areas contiguous with the main pass. The ground- truthing
activities shall include the use of the latest accepted scientific methods to survey
the types of habitats of concern within the Clam Bay ecosystem, including
mangrove and seagrass dominated habitats. These surveys shall include a listing
of species present, percent coverage species, size ranges and averages, and
overall health/ biological trends for each fixed quadrat, transect, or plot studied.
These surveys and any associated drawings/ mapping shall be conducted prior
to conducting the maintenance activities once each year (in July) thereafter for
the life of the permit.
c. Annual biological monitoring reports (BMRs) shall be submitted beginning one
year following permit issuance. The first annual BMR shall contain a summary
of the result of the monitoring and restoration actions from the previous permit
as well as the time -zero conditions of the Clam Bay ecosystem existing prior to
commencement of the permitted activities and a progress report of the activities
conducted since permit issuance. Thereafter, each BMR shall contain a progress
report of the activities completed since the previous BMR and all data collected
pursuant to a. and b. above. Each BMR shall include graphical representation
and overlays of the collected data on computer generated drawings of the aerials,
and ground -level color panoramic photos of each study area at fixed stations.
The annual BMRs shall also contain an analysis of the collected data and make
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 0128463 -005
Page 7 of 14
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conclusions and recommendations concerning the impacts to permitted activities
have had on the Clam Bay ecosystem based on the analysis of the data collected,
including the biological monitoring data and the water quality data monitoring
data as well as any tidal or hydrological information collected as part of the
permitted activities.
SPECIFIC CONDITIONS - MANATEE AND MARINE TURTLE CONDITIONS
14. All personnel associated with the project shall be instructed about the presence
of marine turtles, manatees and manatee speed zones, and the need to avoid collisions
with or injury to marine turtles and manatees. The permittee shall advise all
construction personnel that there are civil and criminal penalties for harming,
harassing, or killing marine turtles or manatees which are protected under the Marine
Mammal Protection Act, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
15. All vessels associated with the construction project shall operate at "Idle
Speed/ No Wake" at all times while in the immediate area and while in water where the
draft of the vessel provides less than a four -foot clearance from the bottom. All vessels
will follow routes of deep water whenever possible.
16. Siltation or turbidity barriers shall be made of material in which marine turtles or
manatees cannot become entangled, shall be properly secured, and shall be regularly
monitored to avoid marine turtle or manatee entanglement or entrapment. Barriers
must not impede marine turtle or manatee movement.
17. All on -site project personnel are responsible for observing water - related activities
for the presence of marine turtles or manatees. All in -water operations, including
vessels, must be shutdown if a marine turtle(s) or manatee(s) comes within 50 feet of the
operation. Activities will not resume until the marine turtle(s) or manatee(s) has moved
beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the
marine turtle(s) or manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
18. Any collision with or injury to a marine turtle or manatee shall be reported
immediately to the FWC Hotline at 14888404 -FWCC. Collision anti /or injury should
also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 731 -3336) for
north Florida or Vero Beach (1- 772 -562 -3909) for south Florida.
19. Temporary signs concerning marine turtles and manatees shall be posted prior to
and during all in -water project activities. All signs are to be removed by the permittee
upon completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be
Permittee: Collier County BOC:C - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11 -0128463 -005
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used (see MyFWC.com). One sign which reads Cmition: Boaters must be posted. A
second sign measuring at least 81/2" by 11" explaining the requirements for "Idle
Speed/ No Wake" and the shut -down of in -water operations must be posted in a
location prominently visible to all personnel engaged in water - related activities.
GENERAL CONDITIONS:
1. All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Any
deviation from the permitted activity and the conditions for undertaking that activity
shall constitute a violation of this permit and a violation of Part IV of Chapter 373, (F.S.).
2. This permit or a copy thereof, complete with all conditions, attachments,
exhibits, and modifications shall be kept at the work site of the permitted activity. The
complete permit shall be available for review at the work site upon request by the
Department staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does
not cause violations of state water quality standards. The permittee shall implement
best management practices for erosion and pollution control to prevent violations of
state water quality standards. Temporary erosion control shall be implemented prior to
and during construction and permanent control measures shall be completed within
seven (7) days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into
the receiving water -body exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized
and vegetation has been established. All practices shall be in accordance with the
guidelines and specifications described in Chapter Six of the Florida Land Development
Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), unless a project - specific erosion and sediment control
plan is approved as part of the permit. Thereafter, the permittee shall be responsible for
the removal of the barriers. The permittee shall correct any erosion or shoaling that
causes adverse impacts to the water resources.
4. The permittee shall notify the Department of the anticipated construction start
date within thirty (30) days of the date that this permit is issued. At least forty -eight
(48) hours prior to commencement of the activity authorized by this permit, the
permittee shall submit to the Department an "Environmental Resource Permit
Construction Commencement " notice (Form No. 62- 343.90)(3), Florida Administrative
Code (F.A.C.)) indicating the actual start date and expected completion date.
Yermittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11-0128463-005
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5. When the duration of construction will exceed one year, the permittee shall
submit construction status reports to the Department on an annual basis utilizing an
"Annual Status Report Form" (Form No. 62- 343.90(4), F.A.C.). Status Report Forms
shall be submitted the following June of each year.
6. Within thirty (30) days after completion of construction of the permitted
activity, the permittee shall submit a written statement of completion and certification
by a registered professional engineer or other appropriate individual as authorized by
law utilizing the supplied "Environmental. Resource Permit As -Built Certification by a
Registered Professional" (Form No. 62- 343.900(5), F.A.C.). The Statement of completion
and certification shall be based on on -site observation of construction or review of as-
built drawings for the purpose of determining if the work was completed in compliance
with permitted plans and specifications. This submittal shall serve to notify the
Department that the system is ready for inspection. Additionally, if deviations from the
approved drawings are discovered during the certification process, the certification
must be accompanied by a copy of the approved permit drawings with deviations note.
Both the original and revised specifications must be clearly shown. The plans must be
clearly labeled as "as- built" or "record" drawing. All surveyed dimensions and
elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective; until the permittee
has complied with the requirements of condition number six (6) above, has submitted a
"Request for Transfer of Environmental Resource Permit Construction Phase to
Operation Phase" (Form 62- 343.900(7), F.A.C.); the Department determines the system
to be in compliance with the permitted plans and specifications; and the entity
approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of
Review for Environmental Resource Permit Applications Within the South Florida
Water Management District — August 1995, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved
operation and maintenance entity until the operation phase of the permit becomes
effective. Following inspection and approval of the permitted system by the
Department, the permittee shall initiate transfer of permit to the approved responsible
operation entity if different from the permittee. Until the permit is transferred pursuant
to Rule 62- 343.110(1) (d), F.A.C., the permittee shall be liable for compliance with the
terms of the permit.
K. Each phase or independent portion of the permitted system must be completed
in accordance with the permitted plans and permit conditions prior to the initiation of
the permitted use of site infrastructure located within the area served by that portion or
phase of the system. Each phase or independent portion of the system must be
completed in accordance with the permitted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of the
system to a local government or other responsible entity.
Permittee: Collier County BOCC -Pelican Bay Services Division 1't�rniit l \l�iration: December 17, 20]0
Permit No: 11-0128463-005
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9. For those systems that will be operated or maintained by an entity that will
require an easement or deed restriction in order to enable that entity to operate or
maintain the system in conformance with this permit, such easement or deed restriction
must be recorded in the public records and submitted to the Department along with
any other final operation and maintenance documents required by Sections 9.0 and 10.0
of the Basis of Review for Environmental Resource Permit Applications Within the
South Florida Water Management District — August 1995, prior to lot or unit sales or
prior to lot or unit sales or prior to the completion of the system, whichever occurs first.
Other documents concerning the establislunent and authority of the operation entity
must be filed with the Secretary of State where appropriate. For those systems which
are proposed to be maintained by the county or municipal entities, final operation and
maintenance documents must be received by the Department when maintenance and
operation of the system is accepted by the local government entity. Failure to submit
the appropriate final documents will result in the permittee remaining liable for
carrying out maintenance and operation of the permitted system and any other permit
conditions.
10. Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation
so that a determination can be made whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any activity approved by
this permit. This permit does not convey to the permittee or create in the permittee any
property right, or any interest in real property, nor does it authorize any entrance upon
or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or
Chapter 40E40, F.A.C.
12. The permittee is hereby advised that Section 253.71, F.S. states that a person may
not commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the state, the title to which is vested in the Board of Trustees
of the Internal improvement Trust Fund without obtaining the required lease, license,
easement, or other form of consent authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorization from the Board of
Trustees prior to commencing activity on sovereignty lands or other state owned lands.
13. The permittee is advised that the rules of the South Florida Water Management
District require the permittee to obtain a water use permit from the South Florida Water
management District prior to construction dewatering, unless the work qualifies for a
general permit pursuant to Rule 40E- 20.302(4), F.A.C., also known as the "No Notice"
rule.
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 01284 &i —W5
Page 11 of 14
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14. The permittee shall hold and save the Department harmless from any and all
damages, claims or liabilities which ma_y arise by reason of the construction, alteration,
operation, maintenance, removal, abandonment or use of any system authorized by this
permit.
15. Any delineation of the extent of a wetland or other surface water submitted as
part of the permit application, including plans or other supporting documentation, shall
not be considered binding unless a specific condition of this permit or a formal
determination under Section 373.421(2). F.S., provides otherwise.
16. The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real
property on which the permitted system is located. All transfers of ownership or
transfers of a permit are subject to the requirements of Rule 62-343.130, F.A.C. The
permittee transferring the permit shall remain liable for corrective actions that may be
required as a result of any violations prior to the sale, conveyance or other transfer of
the system.
17. Upon reasonable notice to the permittee, Department authorized staff with
proper identification shall have permission to enter, inspect, sample and test the system
to insure conformity with the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project
site, the permittee shall immediately notify the appropriate Department office.
The permittee shall immediately notify the Department in writing of and previously
submitted information that is later discovered to be inaccurate.
GENERAL CONSENT CONDITIONS
Chapter 18-21.004(7), F A C , General Conditions for Authorizations:
Authorizations are valid only for the specified activity or use. Any unauthorized
deviation from the specified activity or use and the conditions for undertaking
that activity or use shall constitute a violation. Violation of the authorization
shall result in suspension or revocation of the grantee's use of the sovereignty
submerged land unless cured to the satisfaction of the Board.
2. Authorizations convey no title to sovereignty submerged land or water column,
nor do they constitute recognition or acknowledgment of any other person's title
to such land or water.
Permittee. Collier County BCKC -Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11 -0128463 -005
Page 12 of 14
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3. Authorizations may be modified, suspended or revoked in accordance with their
terms or the remedies provided in Sections 253.04 and 258.46, E.S., or Chapter 18-
14, F.A.C.
4. Structures or activities shall be constructed and used to avoid or minimize
adverse impacts to sovereignty submerged lands and resources.
5. Construction, use, or operation of the structure or activity shall not adversely
affect any species which is endangered, threatened or of special concern, as listed
in Rubs 68A-27.00,3,68A-27.004, and 68A- 27.005, F.A.C.
6. Structures or activities shall not unreasonably interfere with riparian rights.
When a court of competent jurisdiction determines that riparian rights have been
unlawfully affected, the structure or activity shall be modified in accordance
with the court's decision.
7. Structures or activities shall not create a navigational hazard.
8. Structures shall be maintained in a functional condition and shall be repaired or
removed if they become dilapidated to such an extent that they are no longer
functional. This shall not be construed to prohibit the repair or replacement
subject to the provisions of Rule 18- 21.005, F.A.C,, within one year, of a structure
damaged in a discrete event such as a storm, flood, accident, or fire.
9. Structures or activities shall be constructed, operated, and maintained solely for
water dependent purposes, or for non -water dependent activities authorized
under paragraph 18- 21.004(1)(g), F.A.C., or any other applicable law.
NOTICE OF RIGHTS
This Permit is hereby final unless a sufficient petition for an administrative hearing is
timely filed under Sections 120.569 and 120.57 of the Florida Statutes (F.S.) as provided
below. The procedures for petitioning for a hearing are set forth below.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may
petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57,
F.S. The petition must contain the information set forth below and must be filed
(received by the clerk) in the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000.
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 0128463 -005
Page 13 of 14
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Because the administrative hearing process is designed to re- determine final agency
action on the application, the filing of a petition for an administrative hearing may
result in a modification of the permit or even a denial of the application. If a sufficient
petition for an administrative hearing or request for an extension of time to file a
petition is timely filed, this permit automatically becomes only proposed agency action
on the application, subject to the result of the administrative review process.
Accordingly, the applicant is advised not to commence construction or other activities
under this permit until the deadlines noted below for filing a petition for an
administrative hearing, or request for an extension of time has expired.
Under Rule 62- 110.106(4), Florida Administrative Code (F.A.C.), a person whose
substantial interests are affected by the Department's action may also request an
extension of time to file a petition for an administrative hearing. The Department may,
for good cause shown, grant the request for an extension of time. Requests for extension
of time must be filed with the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, before the
applicable deadline. A timely request for extension of time shall toll the running of the
time period for filing a petition until the request is acted upon. If a request is filed late,
the Department may still grant it upon a motion by the requesting party showing that
the failure to file a request for an extension of time before the deadline was the result of
excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed,
other persons whose substantial interests will be affected by the outcome of the
administrative process have the right to petition to intervene in the proceeding. Any
intervention will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28- 106.205, F.A.C.
In accordance with Rule 62- 110.106(:1) F.A.C., petitions for an administrative hearing by
the applicant must be filed within 14 days of receipt of this written notice. Petitions filed
by any persons other than the applicant, and other than those entitled to written notice
under section 120.60(3) of the Florida Statutes must be filed within 14 days of
publication of the notice or within 14 days of receipt of the written notice, whichever
occurs first.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the
Department for notice of agency action may file a petition within 14 days of receipt of
such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing. The failure of any person to file a petition for an
administrative hearing within the appropriate time period shall constitute a waiver of
Permittee: Collier County ROCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 0129463 -005
Page 14 of 14
161 1• P Al2
that person's right to request an administrative determination (hearing) under sections
120.569 and 120.57 of the Florida Statutes.
A petition that disputes the material facts on which the Department's action is based
trust contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name,
address, and telephone number of the petitioner's representative, if any, which shall be
the address for service purposes during the course of the proceeding; • • anti an
explanation of how the petitioner's substantial interests are or will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the
petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific
facts that the petitioner contends warrant reversal or modification of the agency's
proposed action; and
(f) A statement of the specific rules or statutes that the petitioner contends
require reversal or modification of the agency's proposed action;
(g) A statement of the relief sought by the petitioner, stating precisely the
action that the petitioner wishes the agency to take with respect to the agency's
proposed action.
A petition that does not dispute the material facts on which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information as set forth above, as required by Rule 28- 106.301, F.A.C. Under Sections
120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by
the agency if the petition does not substantially comply with the above requirements or
is untimely filed.
This action is final and effective on the d.ate filed with the Clerk of the Department
unless a petition is filed in accordance with the above. Upon the timely filing of a
petition this order will not be effective until further order of the Department.
This permit constitutes an order of the Department. The applicant has the right to seek
judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal
under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the
Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail
Station 35, Tallahassee, Florida, 32,199 -3000; and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate district court of appeal.
The notice of appeal must be filed within 30 days from the date when the final order is
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2010
n Permit No: 11-0128463-005
Page 15 of 14
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filed with the Clerk of the Department. The applicant, or any party within the meaning
of Section 373.114(1)(a), F.S., may also seek appellate review of this order before the
Land and Water Adjudicatory Commission under Section 373.114(1), F.S. Requests for
review before the Land and Water Adjudicatory Commission must be filed with the
Secretary of the Commission and served on the Department within 20 days from the
date when the final order is filed with the Clerk of the Department.
Executed in Lee County, Florida.
JMI /ap
Attachments:
Project Drawings and Design Specs., 10 pages
Commencement notice /62- 343.900(3)
Annual status report/62- 343.900(4)
As -built certification /62- 343.900(5)
"Transfer construction to operation phase/ 62- 343.900(7)
Copies furnished to:
DEP, Office of General Counsel
U.S. Army Corps of Engineers, Log #i 12534
FWC, Imperiled Species Management Section
Collier County Property Appraiser
Turrell, Hall & Associates, Inc.
File
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon 1M. lglehart
District Director
South District Office
CERTIFICATE OF SERVICE.
The undersigned hereby certifies that this permit and authorization to use sovereignty
sub erged lands, including all copies, were mailed before the close of business on
.� t.,, �5,7 . 11 2 A.3 ro to the above listed persons.
FILING AND ACKNOWLEDGMENI
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Department Clerk,
eipt of which is hereby acknowledged.
Clerk Date
Permittee: Collier County BOCC -Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11-0128463-005
Page 16 of 14
Collier County Board of County
Commissioners
c/o Pelican Bay Services Division
801 Laurel Oak Drive
Naples, Florida, 3410£3
Turrell, Hall & Associates, Inc.
3584 Exchange Avenue
Naples, Florida 34104
COLLIER CO Property Appraiser
Building "C" Government Complex
3301 Tamiami Trail East
Naples, FL 339624902
MAILING LIST I
FF WCC
Attention: Mary Ann Poole
620 South Meridian Street - MS 6A
Tallahassee, FL 32399 -1600
fcmpma i l 7'myfwc.com
DEPT OF HISTORICAL RESOURCES
Attention: Frederick P Gaske
500 South Bronough Street
Tallahassee, FL 32399 -0250
MAILING LIST II - Charlotte
ACOE - Fort Myers (weekly mailbox)
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Form #62- 343.900(3) FAC
Focm Title- Construction Commencement
Notice
F.ft'eetivc Date. (Mobct 3.1995
ENVIRONMENTAL RESOURCE PERMIT
Construction Commencement Notice
Project: Phase:
I hereby notify the Department of Environmental Protection that the construction of the surface water
management system authorized by Environmental Resource Permit Number has commenced / is
expected to commence on and will require a duration of approximately months weeks
days to complete. It is understood that should the construction term extend beyond one year, I am
obligated to submit the Annual Status Report for surface Water Management System Construction.
PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be
so notified in writing in order to satisfy permit conditions.
Permittee or Authorized Agent
Phone
62- 343,900(3)
N -Line Document
Formatted 12/01/97 keg
Title and Company
Address
Date
161 1 Al2'
Formlf 2 -3433 (4�
Form Title Annual Status Report
Effective Date. October 3, 1995
Environmental Resource Permit
Annual Status Report
Florida Department of Environmental Protection
PERMIT NUMBER:
PROJECT NAME:
COUNTY.
PHASE:
The following activity has occurred at the above referenced porojccl during the past year, between June 1,
Permit Condition/Activity %4 of Comoletion Date of Anticipated
Completion
(Use Additional Sheets As Necessary)
Benchmark Description (one per major control structure)
Print Name Phone
Permittee's or Aurthorized Agent's Signature Titie and Company Date
and May 30,
Date of
Completion
This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of
construction exceeds one year
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Form #62343 900(5), F.A.C.
Form Title: As -Ruth Certification by a
Registered Professional
Effective Bate October 3, 1995
ENVIRONMENTAL RESOURCE PERMIT
AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number-
Project Name:
I hereby certify that all components of this surface water management system have been built substantially
in accordance with the approved plans and specifications and are ready for inspection. Any substantial
deviations (noted below) from the approved plans and specifications will not prevent the system from
functioning as designed when properly maintained and operated. These determinations are based upon
on -site observation of the system conducted by me or by my designee under my direct supervision and/or
my review of as -built plans certified by a registered professional or Land Surveyor licensed in the State of
Florida.
Name (please print) Signature of Professional
Company Name Florida Registration Number
Company Address Date
City, State, Zip Code
Telephone Number (Affix Seat)
Substantial deviations from the approved plans and specifications:
(Note: attach two copies of as -built plans when there are substantial deviations)
Within 30 days of completion of the system, submit two copies of the form to:
62- 343.900(5)
On-Line Document
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Form k 62- 353.900(7)F.A C
Fuxin Titic. Request for Transfer to
Operation Phase
Effective Date. Se (ember 25, 1995
Request for Transfer of Environmental Resource Permit
Construction Phase to Operation Phase
(1'o be completed and submitted by the operating entity)
Florida Department of Environmental Protection
It is requested that Department Permit Number authorizing the construction and operation of a
surface water (management system for the below mention project be transferred from the construction phase
permittee to the operation phase operating entity.
Project:
From. Name:
Address:
City State Zip
To: Name:
Address'
City: State: Zip
The surface water management facilities are hereby accepted for operation and maintenance in accordance
with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for
the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the
common areas on which the surface water management system is located. Note that if the operating entity
has not been previously approved, the applicant should contact the Department staff prior to filing for a
permit transfer.
The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications. if
any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shall be
applied for and obtained prior to such modification.
Operating Entity:
Name
Telephone,
Enclosure
Titic:
❑ copy of recorded transfer of title surface water management system
❑ Coy of plat(s)
❑ Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation.
62- 313.900(7)
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310
FORT MYERS, FL 33919
February 8, 2011
Jacksonville Regulatory Division
SAJ- 1996 -02789 (IP -LAE)
Collier County /Pelican Bay Services Division
801 Laurel Oak Drive
Naples, FL 34108
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RECEIVED
FEB 14 2011
PELICAN BAY SERVICES Wfft
FEB 082011
Attention Collier County /Pelican Bay Services Division:
The U.S. Army Corps of Engineers (Corps) is pleased to enclose
the Department of the Army permit, which should be available at
the construction site. Work may begin immediately but the Corps
must be notified of:
a. The date of commencement of the work,
b. The dates of work suspensions and resumptions of work, if
suspended over a week, and
c. The date of .final completion.
This information should be mailed to: ALOE Enforcement Section,
Jacksonville Regulatory Division, 1520 Royal Palm Square
Boulevard, Suite 310, Fort Myers, FL 33919. The Enforcement
Section is also responsible for inspections to determine whether
Permittees have strictly adhered to permit conditions.
Enclosures/
Copy: agent
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IT IS NOT LAWFUL TO DEVIATE FROM
THE APPROVED PLANS ENCLOSED.
Sin erely,
nald W. Kinard
Chief, Regulatory Division
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RECEIVED
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Permittee: Collier County /Pelican Bay Services Division
801 Laurel Oak Drive
Naples, FL 34108
FEB 0 8 2011
Permit No: SAJ- 1996- 02789(IP -LAE)
Issuing Office: U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this
permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division
office of the Corps of Engineers having jurisdiction over the
permitted activity or the appropriate official of that office
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: The project is to conduct periodic
ecological maintenance activities over a 10 -year timeframe
within the tidal Clam Bay estuary involving: a) manual clearing
of existing hand -dug channel cuts (using round -point
shovels /machetes); b) creation of additional hand -dug channel
cuts; c) mangrove trimming and vegetation /debris removal, along
56,660 linear feet of the estuary system. Removed natural
materials to be dispersed along the channel cuts, mulched for
reuse, or disposed of at the Pelican Bay Services landscape
disposal site or a licensed local disposal facility; no
mechanized equipment use; clearing is contingent upon conditions
of >50% flow reduction due to blockage /obstructions. The work
area consists of a network of hand -dug channel cuts of 3 various
widths (Type 1: 36 -inch wide along 28,480 linear feet; Type 2:
12 -inch wide along 19,720 linear feet; Type 3: 6 -12 -inch wide
along 8,460 linear feet) that improve flushing and eliminate
water ponding. The proposed work would continue ecological
restoration work that has been conducted as part of the Clam Bay
Restoration and Management Plan (1998) and has resulted in
successful restoration of mangrove habitat. The volume of
material to be removed is -20 cubic yards per year on an as-
needed basis; the annual work has historically been conducted in
May /June for a 1 -2 week duration. Site access is by foot from
upland areas, or via small vessels; the work area is generally
at or above the Mean High Water (MHW) line in waters that are
characterized as having a maximum water depth of 18 inches. The
applicant has agreed to comply with the Sea Turtle and
PERMIT NUMBER: SAJ -1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 2 of 9
Smalltooth Sawfish Construction Conditions and Standard Manatee
Conditions for In -Water Work.
The work described above is to be completed in accordance with
the 9 pages of drawings (Attachment 1) and 2 other attachments
(Attachments 2 -3) affixed at the end of this permit instrument.
Project Location: The proposed work area is located within tidal
Clam Bay, in Sections 32 -33, Township 48S, Range 25E and
Sections 4 -5, 8 -9, 32 -33, Township 495, Range 25E, Naples,
Collier County, Florida.
Directions to site: From I -75 near Naples, take exit 107 toward
Naples /Golden Gate (CR 896 /Pine Ridge Road); continue west 3.9
miles (crossing U.S. 41) onto Seagate Drive; proceed straight
0.5 miles (ends at Clam Pass Park). The site extends north for 3
miles from the northern limit of the park. By boat: use the
public boat ramp at Wiggins Pass /Cocohatchee Park. From I -75
near Naples, take exit 111 (Immokalee Road); continue west 3.6
miles to U.S. 41; turn right onto U.S. 41; continue 1.5 mile to
left onto Wiggins Pass Road (ends at Vanderbilt Beach Road);
boat ramp immediately southwest of intersection.
LATITUDE & LONGITUDE (NAD83) Site Coordinates:
Northern limit: Latitude 26.247024 N; Longitude 81.818878 W
Southern limit: Latitude 26.214063 N; Longitude 81.814505 W
Permit Conditions
General Conditions:
1. The time limit for completing the work authorized ends
February 8, 2021. If you find that you need more time to
complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you
g abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General
a Condition 4 below. Should you wish to cease to maintain the
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PERMIT NUMBER: SAJ -1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 2 of 9
Smalltooth Sawfish Construction Conditions and Standard Manatee
Conditions for In -Water Work.
The work described above is to be completed in accordance with
the 9 pages of drawings (Attachment 1) and 2 other attachments
(Attachments 2 -3) affixed at the end of this permit instrument.
Project Location: The proposed work area is located within tidal
Clam Bay, in Sections 32 -33, Township 48S, Range 25E and
Sections 4 -5, 8 -9, 32 -33, Township 495, Range 25E, Naples,
Collier County, Florida.
Directions to site: From I -75 near Naples, take exit 107 toward
Naples /Golden Gate (CR 896 /Pine Ridge Road); continue west 3.9
miles (crossing U.S. 41) onto Seagate Drive; proceed straight
0.5 miles (ends at Clam Pass Park). The site extends north for 3
miles from the northern limit of the park. By boat: use the
public boat ramp at Wiggins Pass /Cocohatchee Park. From I -75
near Naples, take exit 111 (Immokalee Road); continue west 3.6
miles to U.S. 41; turn right onto U.S. 41; continue 1.5 mile to
left onto Wiggins Pass Road (ends at Vanderbilt Beach Road);
boat ramp immediately southwest of intersection.
LATITUDE & LONGITUDE (NAD83) Site Coordinates:
Northern limit: Latitude 26.247024 N; Longitude 81.818878 W
Southern limit: Latitude 26.214063 N; Longitude 81.814505 W
Permit Conditions
General Conditions:
1. The time limit for completing the work authorized ends
February 8, 2021. If you find that you need more time to
complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you
g abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General
a Condition 4 below. Should you wish to cease to maintain the
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PERMIT NUMBER: SAJ -1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 3 of 9
Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a permit modification from
this office, which may require restoration of the area.
3. If you discover any previously unknown historic or
archaeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and
State coordination required to determine if the remains warrant
a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you
must obtain a signature and mailing address of the new owner in
the space provided and submit to this office to validate the
transfer of the permit authorization.
5. If a conditioned water quality certification or a waiver has
been issued for your project, you must comply with the
conditions specified as Special Conditions to this permit. A
copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Special Conditions:
1. Reporting Address: Ail reports, documentation /correspondence
required by the conditions of this permit shall be submitted to:
U.S. Army Corps of Engineers, Regulatory Division /Enforcement
Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort
Myers, FL 33919. The Permittee shall reference permit number
SAJ - 1996 - 02789, on all submittals.
2. Commencement Notification: Within 10 days from the date of
initiating the authorized work, the Permittee shall provide to
the Corps a written notification of the date of commencement of
work authorized by this permit.
t61 °1,112'
PERMIT NUMBER: SAJ- 1996 -02789 (1P-LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 4 of 9
3. Manatee Conditions: The Permittee shall comply with the
Standard Manatee Conditions for In -Water Work (Attachment 2).
4. Sea Turtle and Smalltooth Sawfish Construction Conditions:
The Permittee shall comply with the Sea Turtle and Smalltooth
Sawfish Construction Conditions (Attachment 3).
S. Assurance of Navigation and Maintenances: The Permittee
understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of
the structures or work herein authorized, or if in the opinion
of the Secretary of the Army or his authorized representative,
said structure or work shall cause unreasonable obstruction to
the free navigation of the navigable waters, the Permittee will
be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such
removal or alteration.
6. Regulatory Agency Changes: Should any other regulatory agency
require changes to the work authorized or obligated by this
permit, the Permittee is advised that a modification to this
permit instrument is required prior to initiation of those
changes. It is the Permittee's responsibility to request a
permit modification from the Fort Myers Regulatory Office.
7. Mork Methodology: The work activities shall be limited to
manual - clearing methods using hand- tools; no mechanized
clearing; no blasting.
8. Self- Certification: At the expiration of the construction
window of this permit, the Permittee shall complete and submit a
"Self- Certification Statement of Compliance" form (Attachment
4). If the completed work deviates, in any manner, from the
authorized work, the Permittee shall describe, on the Self -
Certification Form, the deviations between the work authorized
by the permit and the work as constructed. Please note that the
description of any deviations on the Self - Certification Form
does not constitute approval of any deviations by the Corps.
Further Information:
Cd
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PERMIT NUMBER: SAJ- 1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 5 of 9
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to:
(x) Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403).
(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the
property or rights of others.
d. This permit does not authorize interference with any
existing or proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for:
a. Damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a
result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
X61 1 Al2�
PERMIT NUMBER: SAJ -1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 6 of 9
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination by this
office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you
provided.
5. Re- evaluation of Permit Decision: This office may re- evaluate
its decision on this permit at any time the circumstances
warrant. Circumstances that could require a re- evaluation
include, but are not limited to:
a. You fail to comply with the terms and conditions of this
permit.
b. The information provided by you in support of your permit
application proves to have been false, incomplete, or inaccurate
(see 4 above).
c. Significant new information surfaces which this office did
not consider in reaching the original public interest decision.
Such a re- evaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you comply with the terms and
conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain
situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and
bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for
the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt
completion of the authorized activity or re- evaluation of the
public interest decision, the Corps will normally give favorable
consideration to a request for an extension of this time limit.
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PERMIT NUMBER: SAJ -1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 7 of 9
Your signature below, as permittee, indicates that you accept
and agree to comply with the terms and conditions of this
permit. �- -- - --
(PERMITT
i
(PERMITTEE NAME-P- INTED)
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(DA E)
This permit becomes effective when the Federal official,
designated to act for the Secretary of the Army, has signed
below.
�G ZOt�
�( R CT ENGINEER) (DATE)
lfred A. Pantano, Jr.
Colonel, U.S. Army
District Commander
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PERMIT NUMBER: SAJ- 1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 8 of 9
When the structures or work authorized by this permit are still
in existence at the time the property is transferred, the terms
and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this
permit and associated liabilities associated with compliance
with its terms /conditions, have the transferee sign /date below:
(TRANSFEREE- SIGNATURE)
(NAME- PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
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PERMIT NUMBER: SAJ- 1996 -02789 (IP -LAE)
PERMITTEE: Clam Bay Eco- restoration work
PAGE 9 of 9
Attachments to Department of the Army
Permit Number SAJ- 1996 -02789 (XP-LAE)
1. PERMIT DRAWINGS: Location maps /construction drawings
(Attachment 1; 9 pages) dated August 19, 2010.
2. Standard Manatee Conditions for In -Water Work (FWC 2009)
(2 pages)
3. Sea Turtle and Smalltooth Sawfish Construction Conditions
(NMFS 2006) (1 page)
4. Self - Certification Form (2 pages)
5. WATER QUALITY CERTIFICATION: Specific Conditions of the
Florida Department of Environmental Protection ERP Permit No.
11- 0128463 -005 dated December 17, 2010 in accordance with
General Condition number 5 on page 3 of this DA permit (7
pages).
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STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2009
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed /No Wake" at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personnel are responsible for observing water - related activities for the presence
of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-
888- 404 -FWCC. Collision and /or injury should also be reported to the U.S. Fish and Wildlife
Service in Jacksonville (1- 904 - 731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for
south Florida.
Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Awareness
signs that have already been approved for this use by the Florida Fish and Wildlife Conservation
Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters
must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for
"Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location
prominently visible to all personnel engaged in water - related activities.
SAJ -1996- 02789 (!P-LAE1
Clam Bay Eco- restoration
January 19. 2011
Attachment 2. P2. Page 1:k
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SAJ -1996- 42789 (iP -LAE)
Clam Bay Eco- restoration
January 19, 201
Attachment 2. Page 212
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UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MAKENit nsmms SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The; permittee shall comply with the following protected species construction conditions:
a. The permittcc shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water - related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or srnaihooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalhooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wakelidle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will preferentially follow
deep -water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marne Fisheries Service's Protected Resources Division (727 -824-
5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions. required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
U:lforrnslSea Turtle and Smalltooth Sawfish Construction Condittons.doc _"
SAJ -1996 -02789 (IP -LAE)
Clam Bay Eco- restoratiOn
January 19.2011
Attachment 3. Page 1!1
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SELF - CERTIFICATION STATEMENT OF CCHPLIANCE
Permit Number: SAJ- 1996- 02789(IP -LAE)
Permittee's Name & Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started:
Date Work Completed:
Description of the Work (e.g. bank stabilization, residential or
commercial filling, docks, dredging, etc.):
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting
the deviations):
I certify that all work, and mitigation (if applicable) was done in
accordance with the limitations and conditions as described in the
permit. Any deviations as described above are depicted on the
attached drawing(s),
Signature of Permittee
SAJ- 1958 -02789 (1P -LAE)
clam Bay Eco- restoration Date
January 19, 2011
Attachment d. Page 111
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You are advised to read and understand these conditions and drawings prior to
commencing the authorized activities, and to ensure the work is conducted in
conformance with all the terms, conditions, and drawings. If you are utilizing a
contractor, the contractor also should read and understand these conditions and
drawings prior to commencing the authorized activities. Failure to comply with these
conditions, including any mitigation requirements, shall constitute grounds for
revocation of the Permit and appropriate enforcement action by the Department.
Operation of the facility is not authorized except when determined to be in
conformance with all applicable rules and this permit /certification /authorization and
state -owned submerged lands authorization, as specifically described above.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
1. At least 30 day prior to each construction event, the permittee shall identify a
qualified biologist/ wetland scientist(s) familiar with the ecosystems of Florida, and
submit their qualifications to the Department, to serve as the supervising scientist that
oversees the biological components of this restoration project and will halt construction
if he /she suspects that violations of the permit have occurred.
2. All required submittals such as certifications, monitoring reports, notifications,
etc., shall be submitted to the Florida Department of Environmental Protection, South
District Office, P.O. Box 2549, Fort Myers, FL 33902 -2549. All submittals shall include
the project name and indicated permit number when referring to this project.
Note: In the event of an emergency, the Permittee should contact the Department by
calling (800)320 -0519. During normal business hours, the permittee should call
(239)332 -6975.
3. Construction and operation of the project shall comply with applicable State
Water Quality Standards, namely:
a. Rule 62- 302.500, F.A.C. - Surface Waters: Minimum Criteria, General
A121-
Criteria, and
b. Rule 62- 302.530, F.A.C. - Table: Surface Water Quality Criteria - Class It
Waters,
4. If at any time during construction of the permitted facility, unforeseen
construction impacts to adjacent surface waters occur, or complications preventing
compliance with the specifications of this permit arise, the Permittee shall immediately
cease work and notify the Department's South District Office, SLERP Section, P.O. Box
2549, Fort Myers Florida 33902-2549,239-332-6975. The Permittee shall submit an
alternate construction plan to the Department to allow construction to proceed without
Permittee: Collier County BOCC - Pelican Bay Services Division
Permit No: 11 -01211463-005
Page 3 of 14
Permit Expiration: December 17, 2010
SAJ- 1996 -02789 OP -LAE)
Gam Bay Eco- restorahorr
January 19, 2011,
Attacttmertt 5. Page 117
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additional impact or non- compliance. Work shall not continue until the Department
has approved the modification in writing. Substantial changes from the permitted
activities may require formal review and modification of this permit.
5. Turbidity barriers shall be installed and maintained at all locations where the
possibility of transferring suspended solids into surface waters exists due to the
authorized work. Turbidity barriers shall remain in place at all locations and be
property maintained until construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in the State of Florida Erosion and Sediment Control Designer
and Reviezver Manual, FDOT, FDEP (2007),-available on the Department's website at
hIV: / /www dep state fl us /water /nonD int /does /erosion /erosion inspectors
manual.pdf. Following the completion of construction, the Permittee shall be
responsible for the removal of the turbidity barriers and shall correct any erosion or
shoaling that has the potential to cause adverse impacts to wetlands or surface waters.
SPECIFIC CONDITIONS - CONSTRUCTION ACTIVITIES
b. All work is to be conducted by hand. Access to the flushing channels shall be
accomplished by a small boat or on foot. Any blockage to the flushing channels shall be
cleared by hand with material being broadcast out to the sides of the flushing channels.
Any new channels to be dug shall be dug by hand and their location identified on a site
plan of the area. At no time shall any blasting occur to create new flushing channels.
7. All mangrove trimming activities are to be supervised by the qualified
biologist/ wetlands scientist(s) described in Specific Condition 1 of this permit. All
trimming shall be done in accordance with Sections 403 .9321- 403.9333, F.S.
8. All mangrove trimming shall be done on an as needed basis and shall be
conducted by hand from the existing boardwalks or from a small boat only in areas that
need to be trimmed in order to maintain access through the existing canoe trail or
boardwalks. Mangrove trimming procedures must be followed pursuant to Sections
403.9327, F.S. No trimming of mangroves to create or enhance views within this
ecosystem is permitted. No alteration, removal or defoliation is permitted. In the
event that a tree has fallen and completely blocked the waterway, the tree and all limbs
shall be removed to maintain navigational access. All trimmed debris shall be removed
from the site and disposed of in uplands.
9. All exotic and invasive vegetation, including Brazilian pepper (Schinus
terebinthifi'olius), punk tree (Melateuca quinquenervia), Australian pine (Casuarina
equisetifolia), vines, and other exotic and invasive vegetation listed on the latest Category
1 and Category 2 list of the Florida Exotic Pest Plan Council shall be removed from the
Clam Bay Natural Resource Protection Area. Maintenance shall be conducted in
Permittee: Collier County 13OCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11- 0128463 -4)05
Page 4 of 14 SAJ•1996- 02789 OP -LAE?
Clam Bay Eco- restoration
January 19, 201'
Altachmeia 5. Page 2r7
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accordance with the Clam Bay Restoration and Management Plan amended on July 8,
1998 (CBRMP) to ensure that the area is maintained free from Category 1 and Category
2 exotic and invasive vegetation (as defined by the Florida Exotic Pest Plant Council at
the time of permit issuance). Maintenance in perpetuity shall also ensure that the area
maintains the species and coverage of native, desirable vegetation specified in the
permit. Coverage of exotic and invasive plant species shall not exceed 1% of total cover
between maintenance activities.
10. Within seven (7) days of completion of the authorized activities within each
work area (including the mangrove trimming, interior channel excavations, and
removal of nuisance exotic vegetation) throughout the Clam Bay ecosystem, the
contracted crews shall return to each work area and remove the trimmed branches and
trees (dead trees approved for removal) greater than 1 inch in diameter to appropriate
upland locations. The crews shall also side cast spoil material in such a manner as to
avoid creation of a berm or pile. The spoil shall be leveled and distributed such that
there is no impediment to sheet flow and no created uplands as a result of the project.
SPECIFIC CONDITIONS - MONITORING
11. Water Quality Monitoring: The permittee shall implement a long -term water
quality monitoring program, to be conducted on a quarterly basis, track trends and
patterns within the Clam Bay ecosystem. Monitoring stations established by the
previous permit throughout Upper, Inner and Outer Clam Bay shall continue to be
monitored and record the following parameters. All measurements and analyses for
each parameter shall be made using approved methods providing a PQL (Practical
Quantification Limit) below the water quality standard for the parameter as listed in
Rule 62 -302, F.A.C.:
Parameter
(a) Dissolved Oxygen -mg /l (2 samples
intervals through a 24 hour period)
(b) TKN, NOz-N, NO3 -N,
(c) Specific Conductivity
(d) Chlorophyll
(e) Phosphorus
(f) Pheophytin
(g) pH
(h) Suspended solids
taken diel per quarter samples 4 hour
Permittee: Collier County BOCC - Pelican Bay Services Division
Permit No: 11 -0128463 -005
Page 5 of 14
Permit Expiration: December 17, 2010
SAJ- 1996.02789 (IP•LAE)
Ctarn Bay Eco- restoration
January 19. 2011
Attachment 5. Page 3r "7
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Re or
All data shall be submitted with the documents containing the following
information: (1) permit application number; (2) dates of sampling; and analysis;
(3) a statement describing the methods used in collection, handling, storage and
analysis of the samples; (4) a map indicating the sampling locations; (5) a
statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data; and (6) documentation that the laboratory performing the sampling
and analyses has an approved quality assurance plan on file with DEP.
Monitoring reports shall also include the following information for each sample
that is taken:
(a) time of day samples taken;
(b) water temperature ( °C);
(c) salinity (PPt);
(d) depth of water body;
(e) depth of sample;
(f) antecedent weather conditions;
(g) tidal stage and direction of flow;
(h) wind direction and velocity;
W sedimentation;
0) rainfall;
(k) other influential flows, such as groundwater and storm water
flows;
(1) identification of the sample location which corresponds to the
sample location number shown on the sampling location map;
(m) the appropriate Rule 62 -302, F.A.C., standard for the parameter
being measured; and
(n) the detection limit for the parameter being measured.
In addition to the above, all data shall be reported in a table (or tables) which
clearly list(s) the results of parameters measured at each location, and the
information described above.
12. Based on the data previously collected and on going water quality monitoring
analyzed in conjunction with the permitted activities, should the data continue to show
a correlation between elevated nutrient levels in the Clam Bay ecosystem and the golf
course and development fertilization schedule, a remediation plan must be prepared to
address this issue within 6 months of submittal of the second monitoring report. This
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11 -01.28463 -005
Page 6 of 14 SAJ -1996 -02789 (IP -LAE{
Clara Bay Eco- restoration
January 19, 2011
Attachment S. Page 3 +7
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plan should include detailed descriptions of the problem and the actions proposed to
address the problem, maps, activities to be conducted and the methods used to conduct
those activities. The intent of the plan is to reduce discharge of nutrients into the
system and avoid the elevated nutrient levels, through modified management
techniques, best management practices, etc. In the event that the continued monitoring
reveals other water quality concerns, or impacts to the habitat and /or productivity of
the preserve area, the Permittee shall submit a plan of remediation along with the
required monitoring reports.
13. Biological Monitoring
a. The permittee shall provide flight dated aerial photography of the Clam Bay
ecosystem annually. The aerials shall be taken during July of each year and
submitted to the Department annually for the duration of the permit. The aerials
must be color, vertical aerial photographs, controlled and rectified at a scale
appropriate for post - production digitalization and a scale sufficient to delineate
differing habitat zones and dominant species within each zone. The flight line
shall include all of the Clam Bay Natural Resource Protection Area and the
nearshore zone to at least 400 feet offshore (from the mean high water line);
b. As concurrently as possible with taking the aerial photographs, ground- truthing
activities shall be conducted in areas of special concern within the Clam Bay
Ecosystem, including areas of widespread dead and dying mangroves, Inner,
Upper and Outer Clam Bays, the areas receiving water discharges from the
uplands, and areas contiguous with the main pass. The ground- truthing
activities shall include the use of the latest accepted scientific methods to survey
the types of habitats of concern within the Clam Bay ecosystem, including
mangrove and seagrass dominated habitats. These surveys shall include a listing
of species present, percent coverage species, size ranges and averages, and
overall health/ biological trends for each fixed quadrat, transect, or plot studied.
These surveys and any associated drawings/ mapping shall be conducted prior
to conducting the maintenance activities once each year (in July) thereafter for
the life of the permit.
c. Annual biological monitoring reports (BMRs) shall be submitted beginning one
year following permit issuance. The first annual BMR shall contain a summary
of the result of the monitoring and restoration actions from the previous permit
as well as the time -zero conditions of the Clam Bay ecosystem existing prior to
commencement of the permitted activities and a progress report of the activities
conducted since permit issuance. Thereafter, each BMR shall contain a progress
report of the activities completed since the previous BMR and all data collected
pursuant to a. and b. above. Each BMR shall include graphical representation
and overlays of the collected data on computer generated drawings of the aerials,
and ground -level color panoramic photos of each study area at fixed stations.
The annual BMRs shall also contain an analysis of the collected data and make
Permittee: CoIlier County BOCC - Pelican Bay Services Division
Permit No: 11-01284634)05
Page 7 of 14
Permit Expiration: December 17, 2010
SAJ- 1996.02789 OP -LAEj
Clam Bay Eco- restoration
January 19, 2011
Attactiment 5, Page 5 =7
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conclusions and recommendations concerning the impacts to permitted activities
have had on the Clam Bay ecosystem based on the analysis of the data collected,
including the biological monitoring data and the water quality data monitoring
data as well as any tidal or hydrological information collected as part of the
permitted activities.
SPECIFIC CONDITIONS - MANATEE AND MARINE TURTLE CONDITIONS
14. All personnel associated with the project shall be instructed about the presence
of marine turtles, manatees and manatee speed zones, and the need to avoid collisions
with or injury to marine turtles and manatees. The permittee shall advise all
construction personnel that there are civil and criminal penalties for harming,
harassing, or killing marine turtles or manatees which are protected under the Marine
Mammal Protection Act, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
15. All vessels associated with the construction project shall operate at "Idle
Speed/ No Wake' at all times while in the immediate area and while in water where the
draft of the vessel provides less than a four -foot clearance from the bottom. All vessels
will follow routes of deep water whenever possible.
16. Siltation or turbidity barriers shall be made of material in which marine turtles or
manatees cannot become entangled, shall be properly secured, and shall be regularly
monitored to avoid marine turtle or manatee entanglement or entrapment. Barriers
must not impede marine turtle or manatee movement.
17. All on -site project personnel are responsible for observing water - related activities
for the presence of marine turtles or manatees. All in -water operations, including
vessels, must be shutdown if a marine turtle(s) or manatee(s) comes within 50 feet of the
operation. Activities will not resume until the marine turtle(s) or manatee(s) has moved
beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the
marine turtle(s) or manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
18. Any collision with or injury to a marine turtle or manatee shall be reported
immediately to the FWC Hotline at 1- 888404FWCC. Collision and /or injury should
also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 731 -3336) for
north Florida or Vero Beach (1 -772- 562 -3909) for south Florida.
19. Temporary signs concerning marine turtles and manatees shall be posted prior to
and during all in -water project activities. All signs are to be removed by the permittee
upon completion of the project. Awareness signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be
Permittee: Collier County BOCC - Pelican Bay Services Division Permit Expiration: December 17, 2010
Permit No: 11-0128463-005
Page 8 of 14 SAJ- 1996 -02789 (IP -LAE)
Clans Bay Eco- restoration
January 19, 2011
Altaehment 5. Wage 61
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used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A
second sign measuring at least 81/2" by 11" explaining the requirements for "Idle
Speed/ No Wake" and the shut -down of in -water operations must be posted in a
location prominently visible to all personnel engaged in water - related activities.
GENERAL CONDITIONS:
1. All activities authorized by this permit shall be implemented as set forth in the
plans, specifications and performance criteria as approved by this permit. Any
deviation from the permitted activity and the conditions for undertaking that activity
shall constitute a violation of this permit and a violation of Part N of Chapter 373, (F.S.).
2. This permit or a copy thereof, complete with all conditions, attachments,
exhibits, and modifications shall be kept at the work site of the permitted activity. The
complete permit shall be available for review at the work site upon request by the
Department staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does
not cause violations of state water quality standards. The permittee shall implement
best management practices for erosion and pollution control to prevent violations of
state water quality standards. Temporary erosion control shall be implemented prior to
and during construction and permanent control measures shall be completed within
seven (7) days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into
the receiving water -body exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized
and vegetation has been established. All practices shall be in accordance with the
guidelines and specifications described in Chapter Six of the Florida Land Development
Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), unless a project - specific erosion and sediment control
plan is approved as part of the permit. Thereafter, the permittee shall be responsible for
the removal of the barriers. The permittee shall correct any erosion or shoaling that
causes adverse impacts to the water resources.
4. The permittee shall notify the Department of the anticipated construction start
date within thirty (30) days of the date that this permit is issued. At least forty -eight
(48) hours prior to commencement of the activity authorized by this permit, the
permittee shall submit to the Department an "Environmental Resource Permit
Construction Commencement" notice (Form No. 62,343.900(3), Florida Administrative
Code (F.A.C.)) indicating the actual start date and expected completion date.
Permittee: Collier County BOCC - Pelican Bay Services Division
Permit No: 11 -0128463-005
Page 9 of 14
Permit Expiration: December 17, 2010
6AJ•1996.02789 tlt°s -CAEi
Clam Bay Cc 0 restoration
January 19. 2011
Attachment 5. Page 77
U
ni
ra
161 1 Al2""
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): December 13, 2010 /February 7, 2011 rev.
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Collier County /Pelican Bay Services Division, 801 Laurel Oak Drive. Naples, FL
34108
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAJ -1996 -02789
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: tidal
Clam Bay near Pelican Bay residential development, Naples, Collier County,
Florida
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State: FL County /parish /borough: Collier City: Naples
Site coordinates: (lat/long in degree decimal format): from Northern limit:
Latitude 26.247024N; Longitude 81.818878W to Southern limit: Latitude
26.214063N: Longitude 81.814505W
Universal Transverse Mercator:
Name of nearest waterbody: tidalClam Bay /Clam Pass to the Gulf of Mexico
Identify (estimate) amount of waters in the review area-
Non-wetland waters
linear feet: width (ft) and /or acres.
Cowardin Class: Marine /estuarine
Stream Flow: Perennial
Wetlands: project area: 56,660 linear feet of estuarine wetlands
Cowardin Class: estuarine sub -tidal
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: the subject area is within the tidal Clam Bay /Clam Pass estuary
system. Non - Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
® Office (Desk) Determination. Date: 12/13/10
❑ Field Determination. Date(s):
S t' 21
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization, (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331..
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the
CA
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
�+ 7
CA
"d
C7
'r • 1 Al2�
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
❑ Maps. plans, plots or plat submitted by or on behalf of the
applicant/consultant:
® Data sheets prepared /submitted by or on behalf of the
applicant/consultant.
® Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:USFWS web -site
December 2010.
❑ State /Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
of 1929)
(National Geodectic Vertical Datum
® Photographs: ® Aerial (Name & Date):Collier County Property Appraiser
web-site.
or ® Other (Name & Date):Google Earth Pro.
❑ Previous determination(s). File no. and date of response letter:.
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Od
N
1
O
Regulatory Pi
(REQUIRED)
/j
3
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
SAJ- 1996 -02789
Estimated
amount of
21
Site
Latitude
Longitude
Class n
aquatic
aquatic
number
ti
Class
in
SAJ- 1996 -02789
Estimated
amount of
Class of
Site
Latitude
Longitude
Class n
aquatic
aquatic
number
Class
in
resource
resource
review area
1= north:
26.247024
81.818878
Estuarine sub-
56,660 linear +
section 10
= south
26.214063
81.814505
tidal;
feet
- tidal
unconsolidated
bottom
2
linear feet
section 10
- non -tidal
3
15 square
non - section
feet
10-
wetland
4
0.01 acre
non - section
10 - non -
wetland
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August 3, 2011 Pelican Bay Services Division Board Igular Ses
4d - Administrator's Report - Repaving Pelican Bay Boulevard "" y,
From:
John Chandler
To:
ResnickLisa
Cc:
Neil Dorrill
Subject:
August 3 Agenda
Date:
Saturday, July 30, 20118:58:21 AM
Lisa,
The following is a one way communication.
I have reviewed the August 3 agenda and the related documents that are posted
online. My only comment is that in the Administrator's Report section there is no
item "Repaving of Pelican Bay Blvd ". I hope that Mr. Dorrill will report on the status
of the potential loan of funds from the PBSD to the County to enable the repaving to
occur in 2012.
John Chandler
Page 1 of 1
161 1 A
Augusrt 3, 2011 Pelican Bay Services Division"Bbard Regular Session
2
5bi - Chairman's Report - Discussion of Committees Under Consideration - Clam Bay Committee
From: John Chandler
To: ResnickLisa
Subject: Clam Bay Committee
Date: Thursday, June 23, 20112:14:58 PM
Since the PBSD currently has no authority over Clam Bay, I see this committee's
activity as quite limited. I think that a member of this committee should be present
at all CAC meetings and at all PBF and BCC meetings where Clam Bay is on the
agenda. The committee should then advise the PBSD Board whenever a major issue
arises.
John Chandler
Page 1 of 3
r r,
Au usrt 3, 2011 Pelican Bay Services Divisio oaake lar Sess
9 Y
5bi - Chairman's Report - Discussion of Committees Under Consideration - Clam Bay Committee
ResnickLisa
Subject: T. Cravens Comments RE: Clam Bay Committee
- - - -- Original Message---- -
From: Tom Cravens [mailto:nfn16799knapl es. net]
Sent: Wednesday, July 20, 2011 1:31 PM
To: ResnickLisa
Subject: Re: FW: Clam Bay Committee
Greetings Lisa,
I am responding to Chairman Dallas's request regarding the Clam bay
sub - committee:
I would like to see the Clam bay sub - committee monitor and make recommendations to the PBSD relating to
the Clam Bay Eco- restoration work being done under the recently issued 10 year permits issued by the Army
Corps of Engineers and the F.D.E P. I would like to request that you include copies of both of these permits in
the package of materials for the board members. I would also like to see the Clam bay sub - committee look at
and make recommendations regarding anything that may come up which would have an impact on the Clam
bay NRPA such as the current die off of White Mangroves.
Tom
Tom Cravens
Naples Florida
e -mail to: nfn16799(2na lep s.net
Web site: http: / /www.tomcravens.com/
(239) 594 -8256
> - - - -- Original Message - - - --
* From: Keith Dallas [ mailto:keithdallasgcomcast.netl
> Sent: Monday, June 20, 2011 11:34 AM
> To: ResnickLisa
> Subject: Clam Bay Committee
> Lisa,
> Would you remind Board members that I would like them to send you
> their thoughts on the scope of activities they would like to see
> designated to The Clam Bay Committee, when reconstituted. We can then
> circulate their ideas with the August Meeting agenda package and
> discuss them at the meeting.
> Thank you.
> Keith
Page 3 of 3
a
Subject: Please Move Forward to Retain Hopping Green & Sams
Date: Tuesday, August 02, 20113:23:05 PM
From: ResnickLisa
Sent: Thursday, July 28, 20114:46 PM
To: TeachScott
Cc: Neil Dorrill (neil @dmgfl.com); ResnickLisa
Subject: Please Move Forward to Retain Hopping Green & Sams
Scott,
As we discussed, please move forward with the process to qualify the firm of Hopping, Green, & Sams as Collier
County co- counsel by contacting Mr. Matthews and preparing an executive summary to present to the BCC for
their consideration on September 13.
It is my understanding that if the BCC approves the contract on September 13, the Pelican Bay Services Division
could then retain co- counsel legal services from the firm via purchase order.
Let me know if you need anything else from us and thank you for your help.
Lisa
From: ResnickLisa
Sent: Thursday, July 28, 20112:35 PM
To: KlatzkowJeff
Cc: Neil Dorrill (neil @dmgfl.com); ResnickLisa
Subject: On Behalf of Neil Dorrill
Dear Jeff,
On behalf of Neil Dorrill, Administrator, Pelican Bay Services Division, I am contacting you. We are interested in
utilizing the legal services of Frank E. Matthews of Hopping, Green & Sams for Army Corp. of Engineers'
permitting issues related to the Pelican Bay Services Division's south berm restoration project.
Is the attorney /firm (see contact info below) Collier County pre - qualified co- counsel?
Frank E. Matthews, Esq.
Hopping, Green & Sams
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301
Tel. (850) 222 -7500
If not, what is the procedure for consideration? Please advise.
Thanks,
Lisa
Lisa Resnick
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Tel. 239.597.1749
Fax 239.597.4502
lresnick @colliergov.net
http: / /pelicanbayservicesdivision.net
http: / /www.colliergov .net /index.aspx ?page =2762
Hopping Green & Sams Page 2 of 3
. a
Av
Community Involvement
• Vineyards Property Owners Association; President, 1993 -94
• Tallahassee Community College Foundation Board Member, 1999 -2005
Publications and Presentations
• "APA Reform Refined ", March 1999, Florida Bar Administrative Law Section Newsletter
• "Rules of the Wetlands Regulatory Game ", September 10, 1998, CLE International Florida
Wetlands Conference
• "Regulation of Protected Species (with Kathleen Blizzard) ", June 1998, Florida Bar
Environmental Law in Real Estate Transactions
• "Mark S. Dennison, Wetland Mitigation: Mitigation Banking and Other Strategies for
Development and Compliance (Book Review) [with Kimberly Grippa] ", Spring 1998, Florida State
University Journal of Land Use & Environmental Law
• "Florida Water Policy: A Twenty -Five Year Mid - Course Correction (with Gabriel E. Nieto) ",
Winter 1998, Florida State University Law Review
• "ERPs, SLERPs, and NWPs: Wetland Permitting and Sovereign Land Authorization ", February
21,1997, Florida Bar
• "Why Is The Florida Game and Fresh Water Fish Commission An Unconstitutional Body ? ",
February 2, 1993, Environmental Network
• "Give DOAH Final Order Authority ", December 1, 1992, Florida Bar Administrative Law Section
Newsletter
• "Funding for Contamination Clean- Ups ", November 4,1992, Florida Specifier
• "West Lake: The Creation of Fort Lauderdale's Central Park ", September 1991, American Society
of Civil Engineers Urban Planning, Journal of Urban Planning and Development
• "Environmental Mitigation ", Florida Environmental Permitting and Growth Management
Handbook 1990 & 1992
• " Wekiva River: Riverine Protection Areas and Buffers - The Wave of the Future", 1989
International Symposium on Wetlands and River Corridor Management
• "The Wekiva River Buffer Experience: Land Use in the Fourth Dimension ", September 1989,
South Carolina Riverine Symposium
• "Why Shouldn't Administrative Citizen Suit Petitioners Pay a Price ? ", February 1988, Florida Bar
Journal
• "Pro /Con: Intervention in Environmental Permitting - Should There be a Price ?" for
Environmental and Land Use Law in the Florida Bar Journal, January 1990.
• "Florida Water Policy: a Twenty -Five Year Mid - Course Correction" in the Florida State Law
Review, Winter, 1998•
• "Why Do Federal Agencies Rely on ARNI Designations in Environmental Permitting ?" for
Environmental and Land Use Law in the Florida Bar Journal, December 2010.
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• Listed in Best Lawyers in America, for Environmental Law and Land Use & Zoning Law, 2001-
2011 Edition.
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2006 -2011 Edition.
• Listed in Chambers USA, America's Leading Business Lawyers and "Leaders in their Field ", for
Environmental Law, 2003 -2010 Editions.
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• Who's Who Legal: Florida 2008, for Environmental Law.
http: / /www.hgslaw.com /lawyers /frank- e- matthews.htmi 8/2/2011
August 3, 2011 Pelican Bay Sees Division Board le ular Seion Al2
5c - Chairman's Report - Stop for People Pedestrian Safety Sign Discussion
ResnickLisa
From: John Chandler Oohnchandler219 @gmail.com]
Sent: Monday, August 01, 2011 9:27 AM
To: ResnickLisa
Subject: North Tram Station Crossing
Lisa,
Please forward this email to all Board members as a one way communication
In regard to the request from the Stop for People coalition, it is my opinion that the in lane signs cause
confusion among drivers and are less safe than the normal cautionary signs.
As regards installing a pedestrian activated signal (a la MJD Blvd), I see no need for such a light on the east
side of the boulevard. Pedestrians can see northbound vehicles coming from a quarter mile away. On the west
side of the boulevard, the Board may want to look at the time that it takes for a vehicle going 40 mph to get
from the curve north of the crosswalk to the crosswalk and consider whether that is sufficient time for a
possibly gimpy senior to traverse the 24 feet to the median. If not, a light might be wise to help protect people
returning from the beach restaurants after dark.
John Chandler
Page 1 of 3
1 12" August 3, 2011 Pelican Ba Se161
s Division Board Regular Session
Y 9
5c - Chairman's Report - Stop for People Pedestrian Safety Sign Discussion
authorized by the PBSD at Myra Janco Daniels Boulevard. This would provide the same level of safety as the
STOP FOR PEOPLE signs and eliminate the need for four large yellow pedestrian symbol signs mandated for
crosswalks that do not have a signal light.
Earlier this year, The STOP FOR PEOPLE coalition of pedestrians representing owners in Carlton Place, Pebble
Creek, CocoBay, and the Crescent requested the PBSD to withdraw it plans to remove the in -lane STOP FOR
PEOPLE sign from the midblock cross walk to the north tram station. The PBSD advised the coalition that the
PBSD delegated this decision to the Pelican Bay Foundation. The Pelican Foundation made it very clear in a
close vote by their board that they propose to remove the county installed in -lane STOP FOR PEOPLE sign this
summer. We believe that the foundation has exceeded its authority to fund the removal of STOP FOR PEOPLE
signs installed and funded by Collier County tax dollars.
We believe that the PBSD has a responsibility to debate this important safety issue and make the final
determination on the fate of the in -lane STOP FOR PEOPLE sign. The PBSD needs to assert its final authority to
make decisions that affect the safety of our residents crossing Pelican Bay Boulevard. We would ask you to
email Lisa Resnick at office @peIicanbayservicesdivision.net and direct her to add "CROSSWALK SAFETY
SIGNAGE AT NORTH TRAM STATION" to the agenda for the August 4th directors meeting.
We respectfully submit that as a board member, you have the right to add an agenda item to a PBSD board
meeting even if you cannot attend the meeting in person.
Thank you for considering our request.
Brendan Culligan
STOP FOR PEOPLE coalition
7687 Pebble Creek Circle
Naples FL 34108
239 - 597 -7957
Page 3 of 3
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Pelican Bay Services Division Board
August 3, 2011
1. Roll Call
Regular Session
2. Agenda Approval
3. Approval of June 13, 2011
Pelican Bay Services Division
Board Regular Session Minutes
3, 2011 Pelican Bay Services Division Board Regular Session
4. Administrator's Report
a. Community Crosswalks
II
On June 28, the Board of County Commissioners'
approved the Award of Bid #11 -5704 to Bateman
Contracting, LLP for $685,605 for construction of
fourteen (14) community crosswalk locations.
Currently, funds are available for only seven (7)
crosswalk locations. As a result, Bateman
Contracting, LLP's contract was modified to allow
the contractor to provide a performance bond in the
amount of $362,328 for construction of the initial
seven (7) crosswalk locations.
,ugust 3, 2011 Pelican Bay services Division Board Regular Session 2
1
4. Administrator's Report
Community Crosswalks (continued)
The initial seven (7) crosswalk locations selected
for construction in 2011 are:
#1 Pelican Bay Boulevard / Ridgewood Drive
#4 Pelican Bay Boulevard / Glenview Place
#6 Pelican Bay Boulevard / Gulf Park Drive
#10 Pelican Bay Boulevard / Beachwalk Pathway
#11 Pelican Bay Boulevard / North Tram Station
#14 Pelican Bay Boulevard / Oakmont Parkway
Added at the Foundation's request utilizing
Foundation funds:
#13 Pelican Bay Boulevard / Hammock Oak Drive
August 3, 2011 Pelican Bay Services Division Board Regular Session
4. Administrator's Report
31
Community Crosswalks (continued)
On August 9, staff will make a recommendation
In Absentia that the Board of County Commissioners'
approve Bateman Contracting, LLP's contract
modification.
Following approval, a Notice to Proceed (NTP) will I
Issued for construction of the initial seven (7)
crosswalk locations.
Staff anticipates that substantial work on the initial
seven (7) crosswalks is complete in November.
August 3, 2011 Pelican Bay Services Division Board Regular Session
2
6
5� 1
Vww
4. Administrator's Report
b. FDOT Crosswalk at Pelican Bay
Boulevard & U.S. 41
Work to begin in early September
c. All -Way Stop at Pelican Bay
Boulevard and Ridgewood Drive
The application has been submitted to the
County for modifying the intersection of Pelican
Bay Boulevard and Ridgewood Drive to an All-
Way Stop. Once County staff has completed and
approved the application (which they have
indicated they would) it will require the Board
of County Commissioners' approval.
August 3, 2011 Pelican Bay Services Division Board Regular Session 5
Administrator's Report
d. Repaving Pelican Bay Boulevard
e. West Side of Pelican Bay
Boulevard Pathways (from The
Commons to North Tram Station)
60% draft plans are complete for the new 8 feet
wide pathways along the west side of Pelican
Bay Boulevard (from The Commons to North
Tram Station). After staff and Ellin Goetz'
Ff� review to resolve a few issues involving
driveway interface and a couple of trees, plans
will be ready to submit to County permitting.
August 3, 2011 Pelican Bay Services Division Board Regular Session 6
4. Administrator's Report
f. Schematic Roadway Intersection
Landscape Nosing Plans
,j Ellin Goetz is preparing the plans and they
should be complete by the beginning of August.
and she is available to present the plans to the
Landscape Committee August 8th or 9th.
3, 2011 Pelican Bay Services Division Board Regular Session
4. Administrator's Report
g. South Berm Permit Status
U.S. Army Corps. of Engineers (USACE)
Nationwide 3 Permit (NWP3) application being
prepared by Wilson Miller for the South Berm
restoration project.
Upon submittal to USACE, staff expects it to
take sixty (60) days until permit is issued.
At the earliest, work would begin in
October/ November 2011. At the latest,
work would begin in March /April 2012.
August 3, 2011 Pelican Bay Services Division Board Regular Session
11
81
M
11
a
4. Administrator's Report
h. Monthly Financial Report
L County E -mail Accounts
j. Update on Health of Mangroves
2011 Pelican Bay Services Division Board Regular Session
4.' Administrator's Report
k. Update on Removing Exotics from
Clam Pass Park & Along Beach
The County's Coastal Zone Management
department was awarded a $60,000 Coastal
k,
Partnership Initiative grant from Florida
Department of Environmental Protection
(FDEP) Coastal Management Program and the
National Oceanic & Atmospheric Administration
(NOAA) to remove exotic vegetation in and
rub around Clam Pass.
August 3, 2011 Pelican Bay Services Division Board Regular Session
91
10
5
S. Chairman's Report
a. Recommendation to Board of
County Commissioners' to
Appoint Susan O'Brien to Board
b. Discussion of Committees Under
Consideration:
i. Clam Bay Committee
ii. Water Management Committee
to monitor stormwater & irrigation issues
(T. Cravens)
August 3, 2011 Pelican Bay Services Division Board Regular Session
AM S. Chairman's Report
c. Stop for People Pedestrian Safety
Sign Discussion
Presentation by Brendan Culligan,
Stop for People Coalition
August 3, 2011 Pelican Bay Services Division Board Regular Session
'J
12
AIZ
6
Al
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7
4.) t, 1 � Al '
S. Chairman's Report
d. Clam Bay Update
e. Announcements
3, 2011 Pelican Bay Services Division Board Regular Session 15
Pelican Bay Services Division Board
i' 6.
Community ty Issues
7.
Committee Reports
Strategic Planning Committee
8.
Old Business
9.
New Business
r 10.
Audience Comments
11.
Miscellaneous Correspondence
12.
Adjournment
3, 2011 Pelican Bay Services Division Board Regular Session 16
N.