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PBSD MSTBU Agenda 12/14/2011 S
PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, DECEMBER 14, 2011 THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET IN SPECIAL SESSION ON WEDNESDAY, DECEMBER 14 AT 1:00 PM, AT THE COMMUNITY CENTER AT PELICAN BAY, LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108. -51AP P kMew,-�Ll AGENDA The agenda includes, but is not limited: 1. Pledge of Allegiance BY: ....................... ' h 2. Roll Call 3. Discussion of Proposed Resolution Regarding Pend' Action Concerning Markers in Clam Bay Fiala 4. Audience Comments Hiller Henning — 5. Adjournment Coyle Coletta ;Tc, 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. Misc. Cones: Date: Item C'- - pies to: 12/12/2011 11:56:32 AM RESOLUTION WHEREAS, the Florida Department of Environmental Protection ("DEP") Consolidated Joint Coastal Permit, Sovereign Submerged Lands Authorization and Variance No. 0128463-001-JC (Previously 113049919) (the "1998 DEP Permit") authorized the Pelican Bay Municipal Services and Benefit Taxing Unit known as the Pelican Bay Services Division (the "PBSD") as permittee to implement the Clam Bay Restoration and Management Plan (the "Plan"); WHEREAS, the 1998 DEP Permit and the Plan were designed to deal with the environmental degradation of Clam Bay that was occurring in 1998, and were not designed to change the navigational characteristics of Clam Bay; WHEREAS, there is nothing in the 1998 DEP Permit specifically dealing with the installation of markers within Clam Bay, and, in fact, a careful review of the 1998 DEP Permit and all of the supporting findings of facts clearly indicates that the 1998 DEP Permit required only the following markers in all of Clam Bay: Section 3(h) (page 9/21 of the 1998 DEP Permit): "Permanent manatee informational signs, such as those shown in the enclosed example sheets, shall be installed and maintained at the canoe boat ramp at the southern end of Outer Clam Bay following completion of the initial dredging event." Section 5 (page 9/21 of the 1998 DEP Permit): "The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow water depths and meandering channels lined with protruding mangroves branches and roots. To protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety (boaters utilizing these waters), there shall be an idle speed/no wake restriction on motorized vessels used in the system (as stipulated in County Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam Bay system by County Ordinance No. 96-16 shall remain active and enforceable for the life of this permit. Additionally, two Florida Marine Patrol approved signs that state: "Idle Speed -No Wake" and "Caution -Shallow Water and Natural Resources Present - Tilt Motor Up to Prevent Prop Dredge -Damage to Natural Resources Subject to Fines, Pursuant to Chapter 370, F.S." shall be placed at the following locations following completion of the initial dredging event: 1) One within the entrance to Clam Pass facing boaters entering the bays; 2) One at the entrance to Outer Clam Bay facing north and easily legible to boaters entering Outer Clam Bay; 3) One at the entrance to Inner Clam Bay facing south and easily legible to boaters entering Inner Clam Bay; 4) One at the entrance to upper Clam Bay facing south and easily legible to boaters entering Upper Clam Bay; and, 1 5) One within the upper reaches of Outer Clam Bay facing southeast and easily legible to boaters leaving Seagate." WHEREAS, the United States Army Corps of Engineers (the "Corps") also issued a permit at the same time as the 1998 DEP Permit (the "1998 Corps Permit"). The Corps' Findings of Fact with respect to the 1998 Corps Permit also made it clear that the 1998 Corps Permit also did not contemplate any changes in navigation in Clam Bay. In its evaluation of recreation considerations under the Public Interest Section of its findings of Fact (Section 9.a (13), page 22/28), the Corps stated: "(13) Recreation: The proposed Plan will not change the current recreational use of the Bay, however, the Plan does contain a Recreational Component that will address appropriate notification, signage, and policing of the Bay." In its evaluation of navigation considerations under the same Public Interest Section of its Findings of Fact (Section 9.a (11), page 22/28), the Corps stated: (11) Navigation (33CFR320.4(o)): .... The original Plan sought to restrict the use of motorized boats within the bay, but public outcry for historic riparian rights for access to the bay caused a revision to the Plan to remove this restriction. However, existing regulation by Collier County limits motorized vessel throughout the bay to idle speed and no wake. In addition, the proposed Plan would implement a provision for evaluation of boat traffic and any adverse impacts to the Bay. The proposed Plan should not produce any significant changes in navigation in the Bay." WHEREAS, the foregoing two sections of the 1998 DEP Permit, Sections 3(h) and 5, and Section (13) of the Corps Findings of Fact with respect to the 1998 Corps Permit, contain the only mention of even signage in either the 1998 DEP Permit, the 1998 Corps Permit, or in any findings of fact issued by either agency in connection therewith (collectively, the "Permit Documents"). There is no mention of markers anywhere in the Permit Documents. WHEREAS, the Plan did directly deal with motorized boating in Clam Bay, in Section 3.3.2 dealing with the Proposed Recreational Component of the Plan: Plan, pages 36-38: "For the most part, Clam Bay remains inaccessible to the general public.... Canoeing of the waterways within Clam Bay remains a popular activity for those seeking a more intimate look at the estuary, and its wildlife or those seeking solitude in the upper reaches of the bay. Fishing is also a frequent undertaking from either the boardwalks or canoes. Swimming is confined to the beach area, although there is a reasonable amount of wading in Clam Pass and back into the estuary as much as 1,000 or so feet from the mouth of the Pass. 2 The use of motorized watercraft is not prohibited, and evidence of periodic use of such is evident from observation. For the most part, the accumulation of sediments and the shoaling that has taken place has resulted in physically limiting the accessibility of Clam Bay to deeper draft boats and particularly those equipped with engines. Most, if not all of the motorized boat traffic is believed to originate in the Seagate residential area and be confined to the area from Outer Clam Bay to Clam Pass. [emphasis supplied] The Management Plan would not anticipate any change to the recreational use characteristics of Clam Bay. The contemplated widening and deepening of Clam Pass and the interior channels leading into Outer Clam Bay will not measurably improve navigability. Earlier assumptions to the contrary have proved to be inappropriate as the channel itself remains very confined. Further, since no dredging of Outer Clam Bay is proposed, accessibility across the same will not be noticeable improved. [emphasis supplied] Presently, Collier County has enacted Ordinance 96-16 which Ordinance provides for the utilization of the Clam Bay area by motorized watercraft provided that they operate at no wake and idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FDEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats within the Clam Bay system shall be considered for imposition to ensure that the ecological integrity of the Clam Bay system is preserved.... Appropriate notification, signage and policing will be provided by the County and the PBSD to ensure compliance. The signage will be strategically placed both at the entrance to Clam Pass and in the areas around the boat ramp located at the southern end of Clam Bay. These are intended to ensure that persons accessing the Clam Bay system are informed of its unique ecological characteristics, the limitations of access resulting from variations in water depth, the existence of no wake/idle speed requirements for motorized boat operation and importantly, the importance of staving out of areas as having maturing seauass beds and potential manatee habitat. Precise language to be included in the signage will be determined in cooperation with the agencies post permit issuance. [emphasis supplied] WHEREAS, the only mention of markers that occurs in any document connected with the Permit Documents is in the Plan, where, on page 38 and 39, the following sentence occurs: "Finally, the main channel will be marked in accordance with the requirements imposed by the United States Coast Guard to ensure that those who use the system clearly know where the channel is and the prohibitions of operating their water craft outside the same." [emphasis supplied] RESOLVED, that the Chairman of the PBSD Board be and hereby is instructed to provide a copy of these resolutions duly adopted by the PBSD Board to the Collier County Attorney for such further action by the BCC as is deemed necessary and appropriate; and be it further RESOLVED, that the Foundation be and hereby is requested to intervene in the lawsuit brought by Seagate in order to ensure that the residents of Pelican Bay who have been and are being assessed by the PBSD to pay for the design and implementation of the Plan and for ongoing matters involving Clam Bay that are being handled by the PBSD are represented in the lawsuit brought by Seagate. KeitTi J. Dallas, Chdiftnan Pelican Bay Services Division Board E 1 Zl1y/11 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 1 of 143 O Statement Findings Conversion services provided by: r-MICHOGRAPHIA r The Information and Image Managers 1925-A NW Second Street Gainesville, FL 32609 Phone: (352) 372-6039 - Faz: (352) 378-6039 On-line: www.micrographicsinc.com December 14, 2011 Pelican Bay Services Division Board Special,Session Statement of Findings presented by J. Hoppensteadt Page 2 of 143 CESAJ-RD-WF APPLICATION No. 199602789(IP-CC) MEMORANDUM FOR RECORD SUBJECT: Department of the Army Environmental Assessment and Statement of Finding for Above -Numbered Permit Application 1. Applicant: Collier County, Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 2. Location, Existing Site Conditions, Project Description, Changes to Project: a. Location: The proposed work is located in Clam Bay and the Gulf of Mexico, Sections 4, 5, 8, 9, 32, 33, Township 49 South, Range 25 East, Collier County, Florida. b. Existing Site Conditions: The Clam Bay system consists of three primary bays; Outer Clam Bay, Inner Clam Bay and Upper Clam Bay, and Clam Pass Inlet. The three bays are connected by a series of tidal creeks and all receive runoff from adjacent upland and wetland areas. Outer Clam Bay, the largest of the three bays, connects to an inner channel that connects to the Gulf of Mexico by way of Clam Pass. Typically, wherever coastlines are protected from the direct action of waves, the area between tides (intertidal zone) supports wetland vegetation. In Clam Bay, the intertidal community is the mangrove forest. The mangrove forest at Clam Bay is structured and behaves as expected for a mangrove forest of the type found in the coastal regions of South Florida. Three species of mangroves are found in Clam Bay: red mangrove (Rhizophaora mangle), white mangrove (Laguncularia racemosa), and black mangrove (Avicennia germinans). Clam Bay contains approximately 575 acres of jurisdictional area, which consist of 443 acres of mangroves, 124 acres of open water bays and channels, 1 acre of cattail marsh, and approximately 7 acres of seagrasses. The Clam Bay system is bounded on the north by Vanderbilt Beach Road, to the south by Seagate Drive, to the east by the Pelican Bay Development and to the west by the Gulf of Mexico. The development of Pelican Bay had a limited impact on the wetlands themselves (approximately 78 acres located in the Statement of Findings Page 1 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 3 of 143 0 CESAJ-RD-WF (1996O2789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application northwestern corner of the property) leaving the mangrove forest intact and preserved around the bay. Clam Bay is now designated a Natural Resource Protection Area by Collier County. Tidal range is restricted throughout the Clam Bay system. Clam Pass is a small, marginally stable inlet that has migrated north and south along the shore over the years. Historically, the bay was open to the north through Vanderbilt Lagoon and to the south by Venetian Bay. However, the northern connection was blocked by the construction of Vanderbilt Beach Road in the 195O's, and the southern connection was blocked by the construction of Seagate Drive in the 196O's. In 1976, three culverts were installed under Seagate Drive to reconnect Venetian Bay to Clam Bay. Currently, those culvert have deteriorated and resulted in a limited flow capacity. The Pass remains the primary source of tidal exchange for the Clam Bay system, but it is restricted by sediment deposits just inside the pass and along meandering tidal creeks surrounded by mangrove forest. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides. The drainage basin for Clam Bay encompasses approximately 3,000 acres, of which, 2,000 acres have been developed. The development landward of the mangroves required a stormwater management system which was designed to and does spread runoff along the eastern edge of the Clam Bay estuary. Runoff into the bay occurs at the extreme northwest end of the system and continuously along the eastern edge of Clam Bay. A berm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts through the berm discharge water to a swale system along the eastern perimeter of Clam Bay. According to the Florida Department of Environmental Protection (DEP), a 1978 study conducted by Tropical BioIndustries Co. and Gee and Jenson indicted that approximately 8.8 acres of black mangroves in the interior of the system had died. In 1992, an area of dead black mangroves was discovered west of Upper Clam Bay. Subsequent investigations of the mortality did not reveal the cause and red and white mangroves were seemingly unaffected by the die -off. However, excessive inundation of the pneumatophores of the black mangroves has been linked to tree mortality (Scholander, 1955; Mckee, 1993 & 1995). According to the Pelican Bay Services Division, in the early 199O's and in 1995, the majority of the black mangrove within the Upper Clam Bay had been affected by stagnant high water levels completely submerging the pneumatophores statement of Findings Page 2 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 4 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application for 2 to 4 weeks. In 1995, significantly larger areas of mangroves (inclusive of red mangroves and some white mangroves) were dying and as of April 1996 the acreage of dead mangroves within the Clam Bay system was approximately 50 acres. In response to this die -off a number of interrelated initiatives were undertaken by both the public and private sectors in an attempt to determine the cause of the die -off, slow the die -off, and to initiate limited restoration. As a result of these initiatives a variety of related permit applications were prepared by WCI Communities, L.P., Pelican Bay Service Division, and Collier County. Department of the Army (DA) Permit 199501027(LP-CC) issued on April 3, 1996, authorized the excavation of 9,200 cubic yards of shoaled sand from Clam Pass Inlet to restore flushing to Clam Bay. This permit was sequentially reissued in March 1997 and 1998. DA Permit 199601979(LP-CC) issued on June 26, 1996, authorized the manual excavation for the re -opening of 1312 linear feet of main tidal channels within Upper Clam Bay. DA Permit 199602789(LP-CC) issued on January 28, 1997, authorized the placement of two portable hydraulic dewatering pumps and associated piping for emergency dewatering of the Bay. C. Initial Project Description: Over the past several years, approximately fifty acres of mangroves located primarily in Upper Clam Bay have died. Collier County created a Mangrove Task Force to investigate the die -off and to develop an action plan. The proposed Clam Bay Restoration and Management Plan is part of a program to stop the expansion of the mangrove die -off areas and eventually reverse the process and restore the dead mangrove areas. The applicant proposes the following as principal elements and benefits of the Clam Bay Restoration and Management Plan (Plan): 1. Installing a tidal flap gate system linking Venetian Bay with Outer Clam Bay, thereby increasing the turnover of water in outer Clam Bay. This is proposed to improve water quality for the benefit of the extensive seagrass habitat and its associated marine life, as well as provide enhanced scouring of Clam Pass as the surcharge of water that formerly oscillated between Venetian Bay and Outer Clam Bay will be forced to exit on the ebb tide through Clam Pass. 2. Deeping and widening Clam Pass to provide for a significantly enhanced tidal exchange for the Clam Bay system, as Statement of Findings Page 3 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 5 of 143 CESAJ—RD—WF (199602789(IP—CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application well as provide high quality sand for "beach renourishment" and the creation of upland islands of native tree flora, which is proposed to contribute to the ecological diversity of the Clam Bay system. The dimensions of the proposed excavation cuts range, depending on the location, between 3 feet to 4 feet (MLW) in depth with a bottom width from 15 feet to 40 feet. 3. Opening of the deteriorating network of interior tidal creeks and channels to both improve the tidal exchange capacity of the Clam Bay system, and contribute to enhanced water quality within the system. The restoration of the tidal exchange dynamics is proposed to permit the ingress and egress of marine life utilizing the mangrove embayments, accelerate the recovery of the mangrove habitat and restore the desirable estuarine quality of the Clam Bay system. 4. The selective cutting of 50 to 75 percent of the dead mangrove trees is proposed to improve the aesthetic quality of the Clam Bay System, as well as permit the establishment of mangrove starter islands to help stimulate the recovery of the mangrove habitat. The proposed tree cutting will be accomplished with chain saws to cut the dead tree trunks at close to ground level and left on site. 5. The development and implementation of a revised freshwaterjstormwater management system for the developed uplands lying east of Clam Bay is proposed to facilitate a reexamination of the role of fresh water in the Clam Bay system, with an anticipated result being a significantly reduced level of fresh water irrigation for Pelican Bay and a modified landscaped palette to be introduced over time. Total direct wetland impacts for the proposed works referenced above are approximately 11.36 acres. Total area within the Clam Bay project site comprises approximately 443 acres of mangroves and 124 acres of open water bays. d. Changes to Project: The application review resulted in the following changes to the proposed project: Adjusted the navigation standard to conform to Collier County Ordinance 96-16 and include a material destruction provision requiring additional protection to Clam Bay. Statement of Findings Page 4 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 6 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application • Clarification of an affirmative duty by Collier County to undertake the freshwater studies and development and implementation of an action plan based on the studies. Including additional language clarifying the right of the agencies (COE & DEP) to review and approve the freshwater/stormwater study reports. • Removal of aerial spoil disposition for Cuts 1, 2, and 3 and identification of the spoil sites and protocols for those locations in upland areas behind (landward/bayward) of the dune line. • Clarification of the location and characteristics of the main channel excavation, including reduction and demonstration of minimization for impacts to seagrasses. Including a provision for mitigation of seagrass impacts if not fully recovered within a five year time period. • Relocation of beach suitable dredge material between the mean high and low water lines. Slurry material- will be discharged behind the dune located in a previously approved spoil disposal site approximately 200 feet south of the pass. • Deletion of spoil islands from the Plan. • Clarification of ongoing maintenance and post implementation standards. Additional supporting data and text to augment conclusions demonstrating the need for the enhanced tidal exchange dynamics was forward to the Florida Department of Environmental Protection for verification. 3. Project Purpose: a. Basic: Wetland Enhancement b. Overall: To restore hydrological and efficient tidal exchange to Clam Pass and the interior creeks and address the freshwater input into the Clam Bay system. 4. Statutory Authority: Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the"Clean Water Act. 5. Other Federal, State, and Local Authorizations Obtained or Required and Pending: Statement of Findings May 14, 1998 Page 5 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 7 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application a. State water quality certification (WQC): The Florida Department of Environmental Protection (DEP) is currently processing Application Number 11-304991-9. b. Coastal Zone Management (CZM) consistency/permit: There is no evidence or indication from the State of Florida that the project is inconsistent with the Florida CZM. Issuance of a DEP/WMD permit certifies that the project is consistent with the CZM plan. c. Other authorizations: No information has been received regarding any other authorizations that may be required. 6. Date of Public Notice and Summary of Comments: a. The application was received and initially reviewed on 9 April 1997. Additional information was requested on 23 April 1997, and the application was considered complete on 10 July 1997. A public notice was issued on 17 July 1997, and sent to all interested parties including appropriate State and Federal agencies. It should be noted that due to a delay by the applicant to respond to the Corps request for additional information, the DEP review process preceded the Corps public notice. Therefore, several comments were received concerning the proposed project review by the DEP prior to the DA public notice date. All comments received on this application have been reviewed and are summarized below: (1) U.S. Environmental Protection Agency (EPA): The EPA did not respond to the public notice. It is assumed that this is pursuant to their letter of 25 May 1994 which stated that the EPA would "...no longer routinely provide written responses to public notices for which we have no comment or no objection." However, in phone conversation on 15 September 1997, Mr. Haynes Johnson of the EPA, Wetlands Protection Section, Atlanta, indicated that he had concerns of the lack of specifics with in the Plan to address plant physiology and pathology. Statement of Findings Page 6 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 8 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (2) U.S. Fish and wildlife Service (FWS): In an undated letter received on 14 August 1997, the FWS requested a 30-day extension to the public notice comment period. In DA letter dated 14 August 1997, the public notice comment period was extended to 19 September 1997. In accordance with the procedural requirements of the 1992 404(q) Memorandum of Agreement (MOA), Part IV(3)(a), in letter dated 19 September 1997, the Service advised that the proposed work may affect aquatic resources of national importance. Specific concerns of the FWS was the loss of seagrass habitat, deposition of dredged material onto intertidal areas, proposed spray of dredge material onto mangrove wetlands, and lack of "upstream" problem solving and focus on diverting excess fresh water off of the mangrove wetlands in Upper Clam Bay. A recommendations by the FWS was to monitor the area for a one year period and submit the information to the Federal agencies for their evaluation. Pursuant to Part IV(3)(b) of the MOA, the FWS Regional Office in Atlanta, Georgia, issued a determination, by letter dated 8 October 1997, that the proposed work will have substantial and unacceptable impacts on aquatic resources of national importance if permitted as specified. The Service strongly recommended a mutual resolution of the identified wetland/wildlife concerns at the field level prior to issuance/denial of the permit. (3) National Marine Fisheries service (NMFS): In letter dated 13 August 1997, the NMFS requested a 30-day extension to the public notice comment period. In accordance with the procedural requirements of the 1992 404(q) Memorandum of Agreement (MOA), Part IV(3)(a), in letter dated 19 September 1997, the NMFS advised that the proposed work may affect aquatic resources of national importance. Specific concerns of NMFS was the proposed loss of 1.6 acre of seagrass habitat, lack of "concrete proposals for reducing freshwater inputs that should be incorporated into the management plan", and the questionable hydrological methodology of the Plan. Statement of Findings Page 7 g N M May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 9 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application Pursuant to Part IV(3)(b) of the MOA, the NMFS Regional Office in St. Petersburg, Florida, issued a determination, by letter dated 10 October 1997, that the proposed work will have substantial and unacceptable impacts on aquatic resources of national importance if permitted as specified. The NMFS strongly recommended a mutual resolution of the identified wetland/wildlife concerns at the field level prior to issuance/denial of the permit. (4) State Historic Preservation Officer (SHPO): In letter dated 22 August 1997, SHPO indicated that in their opinion, because of the project location and/or nature, the proposed project would have no effect on any sites listed, or eligible for listing, in the National Register of Historic Places, or otherwise of national, state, or local significance. The project is also consistent with Florida's Coastal Management Program and its historic preservation laws. (5) Congressional Inquiry: In letter dated 27 August 1997, Congressman Porter Goss requested an update on the proposed project. In DA letter dated 24 September 1997, Congressman Goss was updated on the application's status. (6) State and local agencies: City of Naples: In letter dated 8 July 1997, Mr. Jon C. Staiger, Natural Resources Manager, indicated the City's support of the proposed Plan with the exception of the proposed restriction on motorized vessels within clam Bay. (7) organizations: The Conservancy of Southwest Florida (The Conservancy): In letter dated 6 May 1997, The Conservancy responded to the DEP review of the proposed Plan (DA application was incomplete and awaiting additional information). The Conservancy indicated concerns over the plan's lack of methodology, data, and references. . Specifically, the Conservancy indicated concerns to the creation of "upland islands" and channelization of the system. The applicant responded to the Conservancy's concerns in a separate letter dated 10 July 1997. Statement of Findings May 14, 1998 Page 8 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 10 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application Save the Manatee Club: In letter dated 29 May 1997, Mr. Fran Stallings representing the Save the Manatee Club indicated that the proposed Plan was conceptually sound. The Mangrove Action Group, Inc.: In letter dated ;5 June 1997, the Mangrove Action Group indicated their support for the proposed project. Seagate Property Owners Association, Inc. & Seagate Beach Club, Inc.: In letter dated 24 June 1997, members from the above referenced groups indicated that although they supported the restoration of the Clam Bay they felt that there was no need for the proposed upland islands. In addition, they indicated strong opposition to the proposed restriction of motorized vessels in the Bay. Save the Bays Association, Inc.: On 28 July 1997, a joint DEP and Corps meeting was held at the Naples City Hall at the request of Save the Bays. A summarization of this meeting was provided in the Save the Bays publication dated 29 July 1997, however, the primary concerns to the proposed Plan were maintaining boating rights in the Seagate area and avoiding negative effects at Doctors Pass from the proposed flap gates. It should also be noted that many Save the Bays publications were provided to the Corps throughout the review process concerning Save the Bays on -going review of the proposed Plan. Contessa Condominium Association: In letter dated 19 August 1997, Nancy Ertle, President of the Contessa Condominium Association, indicated their support to the Plan and requested immediate approval. Pelican Bay Property Owners Association, Inc.: In letter dated 5 September 1997; John W. Hoyt, President of the Pelican Bay Property Owners Association, indicated their support for the proposed Plan. Pelican Bay Advisory Board: In letter dated 9 September 1997, Rodkey Craighead, representing the Pelican Bay Advisory Board, indicated their support to the proposed Plan. Statement of Findings Page 9 c 0 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 11 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (a) Individuals: It should be noted that many individuals (50+) wrote letters in support of the various organizations stated above. Unless the individuals had specific comments other than what was indicated by their associated organizations, they were not addressed separately under this review. In letter dated 9 July 1997, Mr. Michael Williams indicated support for the proposed Plan, specifically the proposed installation of the flap gate culverts. The following individuals indicated their support for the proposed Plan through separate letters as documented in the supporting file: Richard P. Hamilton, Anthony P. Pires, Jr., Russ Mudge, Marilyn and Calvin Arnold, and Dorothy and Dick Splittorf b. Response to the comments: The comments received in response to the public notice were coordinated with the applicant via facsimile on 8 October 1997. The applicant responded to the comments in letter dated 14 October 1997. The applicant's response stated that the issue of freshwater input into Clam Bay over emphasized the freshwater component of the mangrove die -off. The critical issue was not the amount of freshwater into the system, but the systems absence of adequate tidal flushing. Although the freshwater input into the system remained a component of the Plan, the applicant stressed that the appropriate focus of the Plan was to address the flushing capacity of Clam Bay as a whole system. Furthermore, the Plan had been revised resulting in a reduction of seagrass impacts from 1.6 acres to 0.31 acre, representing less than 20% of the total excavation of the main excavation channel. The spoil islands had been eliminated and the applicants agreed to employ a cyclone separator to increase the amount of disposable beach sand. Additional revisions within the Plan reflect a direct responsibility of the applicant to address fresh water input. Statement of Findings Page 10 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 12 of 143 ' CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application Specific revisions of the Plan dated 17 October 1997, included the following: 1. Adjusting the navigation standard to conform to County Ordinance 96-16 and include a "material destruction provision" requiring additional protection to Clam Bay. 2. Concise language that there is an affirmative duty to undertake the freshwater studies and then develop and implement a plan of action based on the studies. 3. Removal of aerial spoil disposition from Cuts 1, 2, and 3 and identifying the spoil sites and protocols for those locations. 4. Clarification of the location and characteristics of the main channel excavation, including impacts on seagrasses. 5. Deletion of spoil islands from the Plan. 6. Additional data and text to augment the conclusions relative to the need for the enhanced tidal exchange dynamics. c. Additional Coordination of Project Revisions: The applicant provided a copy of the revised Plan and coordination letter dated 17 October 1997, to the agencies for comment. d. Agency Response: NMFS: In phone conversation on 3 November 1997, John Iliff of the NMFS Miami office indicated that they would still maintain their objections based on the Plan's impacts to seagrasses and lack of action on the freshwater input into Clam Bay. FWS: In letter dated 9 December 1997, the FWS indicated that although the Plan revisions incorporated significant changes, they maintain their objections to the proposed Plan. The FWS indicated that the revisions did not address the upstream problems associated with excess fresh water entering into Clam Bay. Corps: The applicant was requested to provide hydrological data and modeling to the DEP for review and verification of the proposed dynamics of the Plan. On 9 February 1998, the applicant provided the requested hydrographic modeling data to the Corps and DEP for evaluation. In an email dated 2 March 1998, Richard Bray Statement of Findings May 14, 1998 Page 11 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 13 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application of the DEP, indicated that the DEP's review of the project was complete on 24 February 1998 and that he would be making a recommendation towards issuance of the permit. In addition, on 3 March 1998, the applicant provided a copy of letter from Applied Technology & Management, Inc. indicating a peer review of the modeling data. 7. Alternatives: a. Avoidance (No action, uplands, availability of other sites), geographic alternatives: The purpose of the proposed project is a wetland enhancement plan, and as such, is a wetland dependent activity. Therefore, consideration of uplands and availability of other sites is not relevant. However, consideration to no action alternative was considered. The applicant has demonstrated that there is currently degradation of the existing black mangrove system with negative effects on white and red mangroves located at Upper Clam Bay (the northern portion of Clam Bay). In addition, portions of the proposed Plan are to address the chronic siltation of the Clam Pass inlet (the middle of Clam Bay) and deteriorating culverts located at Outer Clam Bay (the southern portion of Clam Bay). Due to the interrelationship of the different portions of the Clam Bay system, the no -action alternative would not allow for a comprehensive review and solutions to the project area as a whole. To address one issue without the other issues may even be considered as a piece -meal action and as such an incomplete project plan. b. Minimization (modified project designs, etc.): The original application included proposed impacts to 11.6 acres of wetlands, including 1.6 acres of seagrasses. During the application review process, and in full consideration to agencies comments, the proposed project minimized the •seagrass impacts to 0.31 acre, eliminated the deposition of dredged material to create ,upland spoil islands, and minimized impacts to mangroves by redepositing the dredged material unsuitable for beach renourishment onto upland sites landward of the dune system. C. Compensatory Mitigation (Wetland enhancement, creation, etc.): Although the project purpose of the Plan is wetland enhancement, the proposed project would have approximately 0.31 acre of direct seagrass impacts. It is proposed by the applicant that the Plan will enhance seagrass habitat through improvement in water quality and tidal exchange and provide additional seagrasses within the Clam Bay system to exceed the initial 0.31 acre impact. Statement of Findings Page 12 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 14 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application If within five years from the date of the construction activities, seagrasses in Clam Bay have not recovered the 0.31 acre loss, the applicant agrees to mitigate for the total.0.31 acre seagrass impact. This mitigation will be accessed and in accordance with the Habitat Equivalency Analysis as proposed by the National Oceanic and Atmospheric Administration Damage Assessment and Restoration Program (HEA.doc Nov95). d. Conclusions of Alternatives Analysis: The Clam Bay system consists of a mangrove ecosystem with several ecotones. The mangrove system is degrading due to a combination of factors, the most evident is loss of tidal prism. The surrounding developmental impacts to the natural system have severed the historic circulation of the bay by severing the northern connection to the Gulf of Mexico with the construction of Vanderbilt Beach Road, addition of freshwater input into the bay (both surface water and storm water run off) from upland development, and reduced the southern connection to the bay by the construction of Seagate Drive. The loss of the two historical connections, north and south within the bay, have impaired the natural ability of the bay system to maintain the flushing capacity necessary to keep Clam Pass Inlet from silting in due to the Gulf front migration of beach sand. It is this combination of effects that have caused prolong inundation of freshwater events to levels detrimental to the black mangrove physiology. The Upper Clam Bay portion of the mangrove system has been previously evaluated and accepted as compensatory mitigation for impacts to the mangroves from the surrounding development. The current conditions of the culverts under Seagate Drive are deteriorating and in need of replacement. The applicant has not only demonstrated the Plan's compliance with Avoidance Alternative criteria, but the no -action alternative would result in a non- compliance of permit actions for two or more portions of the Clam Bay ecosystem. The applicant has provided a Hydrographic Summary of the Clam Pass System dated February 1998, prepared by Tackney & Associates, Inc. to demonstrate the necessity and validity of the proposed dredging activity within the Plan. This data was submitted to the Florida Department of Environmental Protection (DEP) for analysis. The resultant conclusion by the DEP was that the proposed project was viable and practicable. In addition, the data was peer reviewed by Applied Technology & Management, Incorporate (ATM), at the request of the applicant's agent, Mr. Ted R. Brown. In letter dated 3 March 1998, ATM concluded that the data and report support the conclusions stated by Tackney & Associates, Inc. It is the Statement of Findings May 14, 1998 Page 13 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 15 of 143 CESAJ—RD—WF (199602789(IP—CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application contention by the applicant, that in order for the Plan to be effective, the dredge design (volume and flow) is an integral part of the overall dynamics of the enhancement to the whole system. Therefore, although the applicant has field verified the location of the channel to be dredged to avoid as much of the seagrass habitat as possible, further minimization of seagrass impacts is not viable without affecting the dynamics of the Plan. The proposed channel was staked in the field and a field visit by Ms. Ilene Barnett from the Fort Myers DEP office and the undersigned Team Leader, concluded that the proposed channel is indeed the least damaging, practicable alternative. Due to the overall benefit to be realized to the aquatic ecosystem from the proposed enhancement plan, no mitigation is required for the proposed project with the exception of possible seagrass habitat loss. The primary objective of the Plan is for the reestablishment of the mangrove system. It would be a secondary benefit of the Plan to water clarity by the tidal exchange that is proposed to enhance seagrass habitat. As an additional assurance that the proposed project does not have an adverse impact to the aquatic ecosystem, the applicant will provide compensatory mitigation for the 0.31 acre of proposed seagrass impact if reestablishment of those seagrasses lost as a result of the Plan's implementation has not occurred in five years from the date of the commencement of the proposed works. Furthermore, and in accordance with NMFS, the evaluation of the compensatory mitigation will be accomplished pursuant to NOAA's Habitat Equivalency Analysis. 8. Section 404(b)(1) Guidelines Evaluation: a. Factual Determinations (230.11): (1) Physical Substrate (230.11(a)): Physical Compatibility: dredge material varies from a relatively clean sand (beach quality sand) to dark organic fines. (230.11(b)j: (2) Water Circulation, Fluctuation, and Salinity (a) - Current patterns: Analysis of the tidal data by Tackney & Associates, Inc. indicates that average water surface elevations in the Inner and Upper Clam Bays are both super -elevated above the average Gulf water surface elevation by approximately 0.2 Statement of Findings Page 14 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 16 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application feet. This indicates that the tidal range in Inner and Upper Clam Bays is muted and that the system is receiving significant additional water through runoff and restricted capacity to drain additional inflow. (b) - Circulation: Tidal range is restricted throughout the Clam Bay system. Clam Pass is a small, marginally stable inlet that has historically migrated north and south. The Pass remains the primary source of tidal exchange for the Clam Bay system. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides. At the southern most portion of the bay, three 24" culverts were installed at the Seagate crossing, allowing flow in and out of the southern portions of Outer Clam Bay. However, Tackney notes that slightly less than one quarter of the tidal prism of Outer Clam Bay is from the Seagate culverts. There is a stormwater management system which was designed to spread runoff along the eastern edge of the Clam Bay estuary. Runoff into the bay occurs at the extreme northwest end of the system and continuously along the eastern edge of Clam Bay. A berm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts through the berm discharge fresh water to a swale system along the eastern perimeter of Clam Bay. The stormwater management system, as presently designed, holds for discharge to Clam Bay approximately 3800 acre feet of water. (c) - Salinity: The effective rainfall equivalent for the Clam Bay watershed is approximately 80" plus a year. This combined with the low tidal prism within Upper and Inner Clam Bay has reduced the salinity within the upper portion of the systems substantially. However, due to the lack of tidal prism effecting the flushing component of Upper Clam Bay, stagnant isolated depressions become hypersaline due to the remaining salinity within the sediment. (d) - Municipal and private water supplies: Irrigation water for Pelican Bay is obtained from the Pelican Bay Waste Water Treatment System (0.68 MGD), Pelican Bay off -site well field (1.02 MGD) and Collier County's North Naples Wastewater Treatment Facility (1.43 MGD). Statement of Findings May 14, 1998 Page 15 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 17 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (3) Suspended Particulate/Turbidity (230.11(c)): It is anticipated that the proposed project will use best management practices for turbidity controls as regulated by the DEP. However, the applicant has proposed that the spoil disposition site will be diked and turbidity screens will be placed at the two points of connection into the main channel of clam Pass. (4) Contaminant Availability (230.11(d)): There are no known sources of contaminants within the project area. (5) Aquatic Ecosystem Effects (230.11(e)): (a) - Structure of ecosystem: Clam Bay is an intertidal community composed primarily of mangrove forest. (b) - Ecosystem functions: Tidal flushing allows nutrients to be distributed within the mangrove forest and provides for the transportation of dead leaves, twigs, etc. As these materials decay, they become food for marine life. It is the mangrove detritus which is consumed by the many organisms at the base of the food chain and which in turn create the next trophic level necessary to support fish and other aquatic specie populations that characterize the mangrove forest community. (c) - Recreational and commercial fisheries: There is no direct relationship to commercial fisheries, however the system is a supporting community for many commercial and sport fish species. These include penaeid shrimp, blue crab, spotted seatrout, flounder, snook, tarpon, and pompano. The bay does provided limited recreational fishing activities. (d) - Threatened or endangered species: The project has been coordinated with the FWS. The FWS has determined that the project will not have any adverse impacts on T&E species. However, it should be noted that the site does contain wading bird habitat and sea turtle nesting grounds. Any proposed project impacts to the sea turtle nesting areas will be restricted and conditioned as not to occur during, and/or affect, the sea turtle nesting season. Statement of Findings Page 16 0 fi M ti 0 ry N N N May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 18 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (6) Proposed Disposal Site (230.11(f)): Containment: Excavation of organic fines from Cut 4A will be discharged to a spoil disposal site located behind the dune line adjacent to the entrance to Clam Bay. This area presently consist of predominately clean sand which will be excavated to a depth of -1 foot NGVD to accommodate approximately 1500 to 2000 cubic yards of organic fines. Excavated beach sand from the spoil disposal site will be used for beach renourishment. If additional disposal areas are required for the organic fines, then the PBSD in consultation with the FDEP and the Corps will locate such additional areas in uplands behind the dune line. Beach Renourishment: It is anticipated that approximately 16,000 to 19,000 cubic yards of beach quality sand from the proposed project will be used for beach renourishment and placed between the mean high water and the mean low water area of the beach to allow for wave dispersal along the beach. (7) Cumulative Effects (230.11(g)): It is not anticipated that there will be any adverse cumulative effects from the proposed project. (8) Secondary Effects (230.11(h)): The possibility of secondary effects from use of motorized vessels within the bay was raised during the application review. The original Plan proposed to restrict the use of motorized vessels within the bay, but public outcry for historic riparian rights for access to the bay caused a revision in the Plan to remove this restriction. However, existing regulation by Collier County limits motorized vessel throughout the bay to idle speed and no wake. In addition the proposed Plan will implement a provision for evaluation of boat traffic and any adverse impacts to the Bay. The proposed Plan should not produce any significant changes in navigation of the bay or adverse impacts to the aquatic ecosystem. b. Restrictions on discharges (230.10): (1) Alternatives (See paragraph 7): (a) The activity is located in a special aquatic site (wetlands, sanctuaries and refuges, mudflats, vegetated shallows, coral reefs, riffle and pool complexes, etc.) yes_X_ no Statement of Findings Page 17 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 19 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT; Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (b) The activity needs to be located in a special aquatic site to fulfill its basic purpose. yes_X no (c) It has been demonstrated in paragraph 7 above that there are no practicable nor less damaging alternatives which would satisfy the project's overall purpose. yes_X no (2) other program requirements: (a) The proposed activity violates applicable State water quality standards or Section 307 prohibitions or effluent standards. yes no—X— (b) The proposed activity jeopardizes the continued existence of federally listed threatened or endangered species or affects their critical habitat. yes no- X- (c) The proposed activity violates the requirements of a federally designated marine sanctuary. yes no—X— (3) The activity will cause or contribute to significant degradation of waters of the United States, including adverse effects on human health; life stages of aquatic organisms; ecosystem diversity, productivity and stability; and recreational, esthetic, and economic values. yes no X (4) Appropriate and practicable steps have been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem. yes X_ no c. Findings (230.12): The proposed site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines. Statement of Findings Page 18 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 20 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application 9. Public Interest Review: a. All public interest factors have been reviewed. The following public interest factors are considered relevant to this proposal. Both cumulative and secondary impacts on the public interest were considered. (1) Conservation: Clam Bay is designated a Natural Resource Protection Area by the Board of County Commissioners of Collier County. This area consist of approximately 540 acres of mangroves and some 30 acres of open water bays. Upper Clam Bay has been previously recorded within a conservation easement with Pelican Bay Services Division as the grantor and South Florida Water Management District as the grantee. The proposed Plan would provide for the enhancement of the existing system. (2) Economics (33CFR320.4(q)). The Management Plan is to be funded initially by an assessment of the Pelican Bay resident base under the direction of the Pelican Bay Services Division (PBSD) and by a matched contribution of $1,000,000 from WCI Communities and by Collier County. Funding priority and availability will change yearly. It will be, therefore, appropriate during the annual planning exercise to closely evaluate funding availability and determine sources for both immediate and long term needs. (3) Aesthetics. The current conditions have an adverse impact on the aesthetics of the area. Although there is some regrowth and recruitment of herbaceous species, the overview is that of a dead/dying mangrove forest. Pelican Bay development is an up -scale residential community that utilizes the Clam Bay mangrove forest and the Gulf of Mexico as its primary aesthetics. The proposed Plan would improve the aesthetics of the system to the surrounding area. (4) General environmental concerns (33CFR320.4(p)). As previously stated, the existing mangrove system is stressed and declining in function as mangroves are dying. In addition, as the mangrove system decays, the lack of flushing within portions of the Bay create adverse water quality conditions, which in -turn create stressful conditions on the remaining healthier mangroves. These conditions are perpetuated by freshwater input during stormwater events creating long term inundation of the system. Statement of Findings May 14, 1998 Page 19 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 21 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (5) Wetlands (33CFR320.4(b)). As previously stated Clam Bay consists primarily of an intertidal mangrove forest. Three species of mangroves are found in Clam Bay. red mangrove (Rhixophora mangle), white mangrove (Laguncularia racemosa), and black mangrove (Avicennia germinans). The Clam Bay system can be broken down into three interrelating bays; Outer Clam Bay, Inner Clam Bay and Upper Clam Bay. Clam Pass Inlet, the only direct connection to the Gulf of Mexico, is located between Outer Clam Bay and Inner Clam Bay. Upper Clam Bay is located at the northern portion of the system and is the area of concern for the continual decline of the black mangrove basins. Currently 50 acres within Upper Clam Bay have been adversely affected and consist of dead mangrove trees (mostly of black mangrove, but the mortality is inclusive of red and white mangroves as well) and a transitional highmarsh community of saltwort (Batis maritima) and glasswort (salicornia virginica). Although there is some mangrove mortality extending into Inner Clam Bay, the system as a whole is still fairly undisturbed. However, in a 1997 field visit attended by members of the Corps, FWS, NMFS, DEP, and EPA, it was noted that the clarity of the water within the interior channels of Inner Clam Bay was less than expected and not viable for seagrass habitat. Outer Clam Bay is the largest of the bays and is also more directly influenced by the Gulf via Clam Pass Inlet. In addition, Outer Clam Bay is connected to Venetian Bay via three 24" culverts under Seagate Drive. This system appears to be the more stable of the three bays, and in fact, has recently experienced seagrass recruitment in the northern portion of Outer Clam Bay and into Clam Pass Inlet. Clam Pass is the critical and only link to Clam Bay by the Gulf of Mexico. The pass is an unimproved, marginally stable tidal inlet. In the past 20 years, the pass has closed on at least six occasions, three in the last three years. The reason that the pass has closed so often is that the tidal prism of the inlet is inadequate to scour out sediment carried into the pass by wave generated longshore transport. Currently, much of the inlet channel has silted in and the pass appears to be approaching closure. Due to the incapacity of the inlet, the tides in the upper reaches of Clam Bay are weak and variable. Runoff from rainfall further reduces the interior tidal range and during Tackney's field study, total rainfall of approximately 4 inches in Statement of Findings May 14, 1998 Page 20 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 22 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application three days was sufficient to flood Upper Clam Bay to such an extent that the tidal fluctuation was completely eliminated. Typically, incoming water into a mangrove wetland brings with it nutrients, dissolved oxygen, and marginally lower salt concentrations. Conversely, the outgoing water leaving a mangrove wetland removes metabolic waste products (e.g., carbon dioxide, toxic sulfides) and excess salt. However, in the absence of tidal influence, metabolic wastes accumulate in the sediment and it eventually turns toxic and anoxic. Consequentially, in the absence of surface water circulation or tidal activity, mangroves slowly die due to deleterious changes in the sediment. In addition, long periods of inundation in Upper Clam Bay of freshwater suffocated the root systems of black mangroves causing stress of the tree and eventual mortality. It is with this concept that the applicant has linked the increased mortality of the black mangroves in Upper Clam Bay with the decrease in capacity of Clam Pass. The applicant further points out that this critical process has nothing to do with the salinity, or absence thereof, or with the presence or absence of surface and subsurface water, but rather, the tidal prism of the system. The proposed Plan provides for a systematic approach to augment and reverse various adverse conditions within the Clam Bay ecosystem. The proposed Plan's purpose is to increase the tidal prism of the whole system and redressing the freshwater input into the system. The proposed Plan will enhance the existing conditions of the wetlands and thereby provide an increase in wetland function. (6) Historic and cultural resources (33CFR320.4(e)): There are no historic and cultural resources affected by the project. (7) Fish and wildlife values (33CFR320.4(c)).: Both the National Marine Fishers Service (NMFS) and the Fish and Wildlife service (FWS) have reviewed the proposed Plan, inclusive of several site visits. The NMFS indicated that the original proposed Plan would have adverse impact on fishery resources. Specifically, the project would eliminate an estimated 1.6 acres of Cuban shoal grass and 0.7 acre of red mangrove habitat. NMFS emphasized that both seagrass beds and mangroves provide nursery, forage and refuge habitat to a wide variety of commercially and recreationally important marine fish and shellfish. No written comments have been received from NMFS concerning the revisions to the.Plan. Statement of Findings Page 21 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 23 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application The FWS recommended that the applicant implement the components of the original Plan that consisted of the tidal flap gates under Seagate Drive, the interior tidal creeks, deepen and widen Clam Pass, use of the portable pumps, selective removal of dead mangrove material from the affected areas, and development and implementation of a public awareness program. However, FWS objected to the components of the original Plan that consisted of the excavation of the interior channel connecting Clam Pass with Outer Clam Bay, deposition of dredge material onto intertidal areas, and the spraying of dredge material onto the mangrove wetlands. In addition, the FWS indicated that, in their opinion, the Plan did not significantly address freshwater input into the bay. (8) Flood hazards: N/A. (9) Floodplain values (33CFR320.4(1)): NIA. (10) Land use. The proposed Plan is in compliance with local zoning and land use. (11) Navigation (33CFR320.4(o)): There is some concern that the dredging within Clam Pass and Outer Clam Bay may increase navigational use through the Pass by property owners in the Seagate Community. There are approximately 80 single family residential home sites located within this community that have waterfront access. The original Plan proposed to restrict the use of motorized vessels within the bay, but public outcry for historic riparian rights for access to the bay caused a revision in the Plan to remove this restriction. However, existing regulation by Collier County limits motorized vessel throughout the bay to idle speed and no wake. In addition, the proposed Plan will implement a provision for evaluation of boat traffic and any adverse impacts to the Bay. The proposed Plan should not produce any significant changes in navigation of the bay. (12) Shore erosion and accretion: Although the Plan will provide for beach renourisment, there should be no adverse impact or substantial effects on shore erosion and accretion. (13) Recreation: The proposed Plan will not change the current recreational use of the bay, however, the Plan does contain a Recreational Component that will address appropriate notification, signage and policing of the bay. statement of Findings May 14, 1998 Page 22 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 24 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application (14) Water supply (33CFR320.4(m)): N/A (15) Water quality (also 33CFR320.4(d)): A specific component of the Plan is for the development and implementation of a best management practices program to assist in modulating irrigation requirements for the developed areas of Pelican Bay. Review and studies proposed by the Plan, may involve additional water quality provisions to be added to the existing stormwater management system. In addition, it is proposed that water quality within Clam Bay will be improved through the enhancement of the deteriorating mangrove system by increasing the flushing component of Clam Bay. It is anticipated that this will also promote seagrass growth within the system. (16) Energy needs (33CFR320.4(n)): N/A (17) Safety: N/A (18) Food and fiber production: N/A (19) Mineral needs: N/A (20) Considerations of property ownership: The application review accumulated over 65 individual letters from adjacent property owners to Clam Bay. In addition, 8 organizations that represent constituents within the area also responded to the public notice. All of the above showed an overwhelming support to the proposed Plan, however, some concerns over the Plan's initial restrictions on motorized vessels and creation of upland spoil islands were raised. As a response to the concerns by the public, the applicant revised the proposed Plan to resolve the concerns over navigation and removed upland spoil islands from the Plan. In addition, as Clam Bay has been declared by Collier County as a Natural Resource Protection Area, the proposed project is considered as being not contrary to the public interest. c. Describe the relative extent of the public and private need for the proposed structure or work. The project is primarily a Public interest project and although there will be some secondary benefits to the local home owners through the enhancement of the bay, the project benefits will be realized by the public in general. Statement of Findings Page 23 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 25 of 143 CESAJ—RD—WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application d. Describe the practicability of using reasonable alternative locations and methods to accomplish the objective of the purposed work where there are unresolved conflicts as to resource use: Both the FWS and NMFS indicated concerns that the proposed Plan does not demonstrate the necessity of the dredging of the connection between Outer Clam Bay and Clam Pass. In addition, a component of the Plan is to delay addressing freshwater input into the Clam Bay system until after a three year study. It is the contention of the FWS and NMFS that the freshwater component should be resolved prior to the dredging of Outer Clam Bay and associated connection to Clam Pass. It is the position of the applicant that the primary element to the enhancement of the bay system is the restoration of a tidal prism throughout the bay system. In addition, the applicant has stated that the Pelican Bay Services Division has a limited control over the freshwater usage within the watershed and without supporting data and voluntary assistance, it is not practicable to address the freshwater component of the bay system at this time. Further delays in addressing a proactive approach to the failing dynamics of the Clam Bay system would result in the following: 1. continual frequent maintenance dredging of Clam Pass. 2. continual degradation of the stressed mangroves within Upper Calm Bay. 3. continual deterioration of the Seagate Drive culverts and resulting compliance action to assure their maintenance. 4. lack of available funding for future enhancement activities. It is the conclusion of the Corps that based on all supporting documentation that the benefits of the proposed works outweigh the concerns raised by the resource agencies on conflicts to the resource use. In addition, the applicant's hydographic modeling supporting the proposed dredging activities has been independently peer reviewed and verified in another review by the'DEP. e. Describe the extent and permanence of the beneficial and/or detrimental effects which the proposed work is likely to have on the public and private uses to which the area is suited: Detrimental impacts are expected to be minimal. The beneficial effects associated with project would be permanent. f. Threatened or endangered species: The proposed project has been coordinated with FWS. In letter dated 19 September 1997, the Statement of Findings Page 24 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 26 of 143 0 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application FWS concluded that the proposed project in not likely to adversely affect manatees. In addition, with special conditions limiting some of the activities to timeframes outside of the sea turtle nesting season, tilling the renourished areas to a depth of 29 inches, and avoid discharge of material onto native vegetation, the FWS determined that the project is not likely to adversely affect sea turtles and their nests. Therefore, the proposed project will not jeopardize the continued existence or critical habitat of any threatened or endangered species. g. Corps wetland policy: The proposed wetland alteration is necessary to realize the project purpose and should result in minimal adverse environmental impacts. The benefits of the project would outweigh the minimal detrimental impacts. Therefore the project is in accordance with the Corps wetland policy. h. Cumulative and secondary Impacts: There should be no adverse cumulative or secondary impacts caused by the project other than those already addressed in Paragraph 8.a.(7)&(8). i. Corps analysis of comments and responses: It was the primary concerns of NMFS that (1) the overall plan presented to restore mangrove habitat in Inner and Upper Clam Bays will result in adverse impacts to seagrass habitat in outer Clam Bay and (2) does not specifically address a significant contributing factor to the mangrove die -off i.e., chronic freshwater inputs into Clam Bay. In addition, initial concerns of the FWS were the loss of seagrass habitat, deposition of dredged material onto intertidal areas, proposed spray of dredge material onto mangrove wetlands, and lack of "upstream" problem solving and focus on diverting excess fresh water off of the mangrove wetlands in Upper Clam Bay. A recommendation by the FWS was to monitor the area for a one year period and submit the information to the Federal agencies for their evaluation. In letter dated 9 December 1997, the FWS indicated that their remaining concerns were that the Plan does not address excess fresh water entering into Clam Bay. Specifically, the FWS indicated that the mortality of the mangrove system is due to excess freshwater, not the lack of tidal flushing. The applicant has provided documentation by several environmental professionals on the affects of reduced tidal flushing on Statement of Findings May 14, 1998 Page 25 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 27 of 143 U CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application mangroves. The applicant has also provided information on the limited affects of fresh water on mangroves. Conclusion of the evidence provided by the applicant, which was coordinated directly by the applicant to the resource agencies, indicates that the primary fresh water component responsible for the mangrove die -off, is the temporal effect of the duration of inundation on the mangrove system. Furthermore, the applicant has demonstrated that the existing conditions within the system have reduce the tidal prism and flushing capacity of Clam Bay. . The applicant has provided documentation of hydrological modeling to support the proposed Plan's restoration of tidal flushing through the Clam Bay system, inclusive of effects within Upper Clam Bay. This documentation has been verified by the DEP and peer reviewed by ATM, an independent environmental consultant. The conclusion by the DEP and ATM was that the applicant has demonstrated the effectiveness of the proposed works and their benefit to the overall bay system. The current design of the Seagate Drive culvert replacement proposal was originally requested by the EPA during the placement of culverts under Seagate Drive in 1976. The current conditions of the culverts would conclude that replacement is necessary in order to maintain the permitted design. The proposed Plan, not only provides for the replacement of the culverts, but also upgrades the culverts to the original requested design which was not practicable at the time of the installation in 1976. Neither the FWS nor the NMFS had any remaining negative comments concerning the proposed Plan's enhancement of the interior tidal creeks and it effectiveness on the mangrove system. The necessity of this proposed enhancement is further demonstrated by the Clam Bay Restoration Project, Report 1, February 1997 Time Zero Monitoring Report produced by Lewis Environmental Services, Inc. dated 28 February 1997. The concerns by both the FWS and NMFS on the Plan's Stormwater/Freshwater Management component are noted. However, the applicant has provided substantial documentation and data to demonstrate the intent and viability of the proposed Plan. In addition, the applicant has indicated that it is not practicable to either require immediate changes due to unknowns, nor to wait until adequate studies have been completed to make changes to the existing freshwater usage and stormwater management systems. It should be further noted that the water use and stormwater management systems are existing permitted systems. Statement of Findings Page 26 May 14, 1998 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 28 of 143 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application In DA letter dated 27 April, 1998, in accordance to Section 404(q) of the Clean Water Act, FWS and NMFS were provided copies of the draft DA permit and documentation for their review. In letter dated 6 May 1998, NMFS indicated their decision not to request higher level review. In letter dated 19 May, 1998, FWS indicated their decision not to request a higher level review. 10. Determinations: a. Finding of No Significant Impact (FONSI): Having reviewed the information provided by the applicant and all interested parties and an assessment of the environmental impacts, I find that this permit action will not have a significant impact on the quality of the human environment. Therefore, an Environmental Impact Statement will not be required. b. Compliance with 404(b)(1) Guidelines: Having completed the evaluation in paragraph 8 above, I have determined that the proposed discharge complies with the 404(b)(1) Guidelines. c. Section 176(c) of the Clean Air Act General Conformity Rule Review: The proposed permit action has been analyzed for conformity applicability pursuant to regulations implementing Section 176(c) of the Clean Air Act. It has been determined that the activities proposed under this permit will not exceed de minimis levels of direct emissions of a criteria pollutant or its precursors and are exempted by 40 CFR Part 93.153. Any later indirect emissions are generally not within the Corps' continuing program responsibility and generally cannot be practicably controlled by the Corps. For these reasons a conformity determination is not required for this permit action. Statement of Findings May 14, 1998 Page 27 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 29 of 143 0 CESAJ-RD-WF (199602789(IP-CC) SUBJECT: Department of the Army Environmental Assessment and Statement of Findings for the Above -Numbered Permit Application d. Public interest Determination: I find that issuance of a Department of the Army permit is not contrary to the public interest. PREPARED BY: ALLISON C. CLOUafi, P.W.S. Team Leader, Fort Myers Regulatory Office REVIEWED BY: 4�L e5 RONALD H. LVER, C.E.P. Chief, West Permits Branch Statement of Findings Page 28 APPROVED BY: JOE R. MILL ��...>volonel, Corps of Engineers Commanding May 14, 1998 Regulatory Division West Permits Branch Fort Myers Regulatory Office 199602789(IP-CC) MODIFICATION #2 Mr. Kenneth K. Humiston Humiston & Moore Engineers 10661 Airport Road N. Suite 14 Naples, Florida 34109 Dear Mr. Humiston: December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 30 of 143 k MAY 28400 Reference is made to your letter dated May 12, 1999, in which you asked to modify Department of the Army (DA) Permit 199602789(IP-CC) issued to Collier County Pelican Bay Services Division. The project is located in Clam Bay and the Gulf of Mexico, Sections 4, 5, 8, 9, 32, 33, Township 49 South, Range 25 East, Collier County, Florida. You have requested a modification to re -grade a small section of beach immediately south of Clam Pass. Specifically, this modification includes the re -grading of approximately 100 to 150 feet in the'shore parallel direction, and the re -grading will involve redistributing approximately 100 to 200 cubic yards of sand. The re -grading will be conducted by bringing equipment in from the south, keeping it below the mean high water line to avoid nesting habitat and the need for tiling the area again. The impacts of the proposed work on navigation and the environment have been evaluated and the permit is hereby modified in accordance with your request. You should attach this letter and the enclosed revised project plans to the permit. All other conditions of the original permit remain in full effect, including the reports on the mitigation progress as stated in the Special Conditions section of the original permit. Thank you for your cooperation with our permit program. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Joe R. Miller Colonel, U.S. Army District Engineer a Enclosures a M December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 31 of 143 LI Copy Furnished: Collier County, Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Florida Department of Environmental Protection Division of Environmental Resources Permitting Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard - Mail Station 300 Tallahassee, Florida 32399-3000 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 32 of 143 t. 10 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING December 6, 1998 Mr. Robert Brantly, Jr., P.E. DEP Bureau of Beaches & Coastal Systems 3900 Commonwealth Blvd., M.S. 310 Tallahassee, Florida 32399-3000 Re: Request for Plan Acceptance JCP File No. 0128463-001-JC (Previously 113049919) HM File No. 8-042 Dear Bob, 10641 AIRPORT ROAD N.. SUITE 29 NAPLES, FLORIDA 34109 FAX 941 5% 202S PHONE. 9415" 2021 Hand Delivered on December 7, 1998 Enclosed please find a reduced set of construction plans for the dredging of Projects 1 and 2 of the Clam Bay Restoration Plan as referenced above. In addition to the reduced plans (I V x 17')1 am also enclosing some of the full size sheets for clarity. These plans are provided for acceptance by the Department in accordance with Special Permit Condition 1(g). While we recognize that this request may necessitate a permit modification, we believe that the changes represented herein are consistent with the intent of the permit issuance and should be handled via letter of authorization. The changes presented are consistent with the scope of the work discussed during our previous meeting on November 17, 1998. Turrell and Associates, Inc. met with Joe Bozzo of the Florida Game and Fresh Water Fish Commission, along with Maura Kraus and Mac Hatcher of Collier County to review the plans as presented herein. They met at the project site on December 3ro. Of particular concern to the FGFWFC was the potential impact to gopher tortoises. Attached is a memorandum from Todd Turrell's office indicating that the meeting on site went very well. The Technical Specifications have been completed and are being assembled along with the sediment analysis report. We expect to provide you with two sets of completed full size construction plans and two copies of the Technical Specifications later this week. The purpose of reviewing the drawings referenced herein is to obtain any comments, which may be included onto the plans at this time. It is the County's intent to complete Dredging Project #2 and the preparation of Disposal Areas 2 and 3 under Dredging Project #1 prior to the sea turtle nesting season. The Pagel of 2 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 33 of 143 r' County is scheduling to put these projects out for bid this week, requiring a mandatory pre -bid conference and site visit in a couple of weeks. At that time, we hope to have all matters cleaned up so that qualified bids could follow. As I stated earlier, two full sets of construction plans and specifications will be provided by the end of this week We appreciate the continued assistance from you and Keith throughout this process, and I look forward to our meeting scheduled for tomorrow afternoon. Should you have any questions regarding the enclosed drawings, please give me a call. Sincerely yours HUMI STONN GORE GINEERS Brett D. Moore, P.E. Enclosures cc: Turrell & Associates, Inc. Page 2 of 2 HUMISION k MOORE ENGINEERS • NAPLES. FLORIDA Lawton Chiles Governor December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 34 of 143 Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 CERTIFIED - RETURN RECEIPT REQUESTED December 15, 1998 Collier County — Pelican Bay Services Division c/o Brett Moore, P.E. Humiston-and Moore Engineers 10661 Airport Road N., Suite 14 Naples, Florida 34109 Notice of Permit Modification Permit No. 0 128463-00 1 -JC, Collier County Clam Bay Restoration and Long -Term Management Project Dear Mr. Moore: Virginia 9. Wetherell Secretary Your request to modify this permit has been received and reviewed by Department staff. The proposed permit modification is to authorize: (1) an alternative upland spoil disposal area for Cut #1; (2) an increase the width of channel Cut #4 through Clam Pass; and (3) alternative pipeline corridors between the dredge cuts and the disposal areas. The proposed alternative disposal area for Cut #1 is an upland undeveloped building site, to the east of Clam Bay. The dredged material consists of a high percentage of fine material and organic matter and, because the material does not have any economic value, pursuant to Rule 18- 21.011(3xc)2, F.A.C. no severance fees are required This disposal site was chosen to avoid use of the proposed spoil disposal area on the landward side of the beach dune. Department staff considers the proposed new disposal area for Cut # 1 a preferred alternative to the previously authorized disposal area for Cut # 1. Channel Cut #4 through Clam Pass.will be widened to improve directional tidal flow between Clam Bay and the Gulf of Mexico. Department staff have reviewed the proposed channel widening and determined that the change to the channel dimensions is not expected to have an adverse effect on inlet processes and will improve tidal exchange. The proposed dredge cuts for Cut #4 will not exceed the previously authorized depths of-4 ft. NGVD. The proposed pipeline corridors are located between each channel cut and their associated disposal areas and include pipeline placement through mangrove, open water and wetland habitat. The pipeline required for the channel dredging will be relatively small, lightweight and made of a flexible material which will enable manual placement. Minimal mangrove trimming "Protect. Conserve and Manage Florido's Environment and Natural Resources - Premed on «gded paper. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 35 of 143 Notice of Permit Modification Collier County — Pelican Bay Services Division Permit No. 0129463-001-JC Page 2 will be conducted pursuant to the permit Specific Condition No. 7 to enable the contractor to manually place the pipeline. The pipeline corridor and any associated trimming will be designated by the approved wetland scientist and verified by Department stall. The attached drawings reflect the above modification and shall supercede the associated permit drawings (sheets 23, 24, 25, and 28). After thorough review the staff has determined that the proposed alteration does not increase the potential for adverse impact on the coastal system, public beach access seaward of the mean - high water or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration does not reduce the design adequacy of the project. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation and is expected to be of environmental benefit, the permit is hereby modified as requested. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modification(s). This Ietter of approval does not alter the July 6, 2008 expiration date, other Specific or General Conditions, or monitoring requirements of the permit. This letter and accompanying drawings must be attached to the original permit. This permit is hereby modified unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes, as provided below. The procedures for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S., is not available for this proceeding. 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. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in further 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 modification 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 modification until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time has expired. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 36 of 143 Notice of Permit Modification Collier County — Pelican Bay Services Division Permit No. 0128463-001-JC Page 3 Under rule 62-110.106(4), Florida Administrative Code, 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 rules 28-106.111(2) and 62-110.106(3)(a)(4), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 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), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs fust. Under section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 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 that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57, F.S. 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 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 37 of 143 Notice of Permit Modification Collier County — Pelican Bay Services Division Permit No. 0128463-001-JC Page 4 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; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (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 date 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 modification 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 filed with the Clerk of the Department. The applicant, or any party within the meaning of section 373.114(lxa), 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. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 38 of 143 Notice of Permit Modification Collier County — Pelican Bay Services Division Permit No. 0128463-001-JC Page 5 When there has been no publication of notice of agency action or notice of proposed agency action as prescribed in rule 62-103.150, F.A.C., a person who has actual knowledge of the agency action or has knowledge which would lead a reasonable person to conclude that the Department has taken final agency action, has a duty to make further inquiry within 21 days of obtaining such knowledge by contacting the Department to ascertain whether action has occurred. The Department shall upon receipt of such an inquiry, if agency action has occurred, promptly provide the person with notice as prescribed by rule 62-103.150, F.A.C. The Department does not require notice of this agency action. to be published. However, the applicant may elect to publish notice as prescribed in rule 62-103.150, F.A.C., which constitutes notice to the public and establishes a time period for submittal of any petition. If you have any questions regarding this matter, please contact me at the letterhead address or by telephone at (850) 487-4471, ext. 123. Sincerely, Robert M. Bran , J -, P.E. Professional Engineering Administrator Bureau of Beaches and Coastal Systems RMB/kjm cc: Todd Turrell, Turrell and Associates Harry Huber, Collier County Ted Brown, Alterman, Senterfitt, & Edison, P.A. Michael. Poff, Coastal Engineering Consultants Jon iglehart, DEN South District Office- Ft. Myers DEP, Office of General Counsel Chip Clough, U.S. Army Corps of Engineers Mac Hatcher, Collier County Department of Natural Resources Kyle Lucas7, Collier County- Pelican Bay Services Division David Guggenheim, The Conservancy of SW Florida Dan Spina, Save the Bays, Association Kay Potter, Mangrove Action Group, Inc. DEN Bureau of Protected Species Management File FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. _ i0-/S-Qr Deputy Clerk Date December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 39 of 143 TURRELL & ASSOCIATE$, INC. 3584 Exchange:Avenue, Suite B, Naples, Florid TO: 4phip Clough ; 4S. Army Corps of Engineers FROM: Qoe Essex MMNE & ENMON1i2F,NTAL Phone: (941) 443-0166, Fax: (941) FAX COVER UTTER PAX: 3344797 DATE: May 12,1999 RE Clam Bay Restoration = Beach Re -grading Ij$ACE Permit f#19%0I789 (-CC, 31" # 9845 Dredging associated with the above ref� ced project was completed April 26, 1999 and all machinery and equipment removed froi n the beach prior to May I'd in accordance with Special Condition #10 (a) of the USACf permit authorizing this work. No activity other than visual observation has occurred on the beach since this date. The beach was titled as per Condition 10 {d) and an annual status report sent to your attention and Don Borda's in Jacksonville on February, 19, 1999 as per Condition # 1. The Scope of Work for'the Storm and Freshwater Studies has also been submitted to the USACE. Condition #2 (f) of the MP permit (01?8463-001-JC) specifies that if visual surveys of beach areas affected by the placement of material reveal escarpments greater than 18" in height for a distance of 100 feet, these should be re -graded prior to May 1'. Hescarpments re-form after this date the Department will determine the appropriate action to be taken. On post -construction survey a small escarpnient, (<10") was observed just south -of Clam Pass however with wave action and high tide it has increased to an average height of 2 feet for approximately 100 feet in length. An outline of the work proposed to remove this feature has been faxed to your office today, May 12, -by Humiston & Moore Engineers. Subsequent communications with Collie{ County Natural Resources staff (Mauna Kraus), DEP Bureau of Protected Species Management (Karen Moody) and Bureau of Beaches and Coastal Systems (Keith Mille), and An ! Eller and Sandy MacPherson of the Fish and Wildlife Service, lead to a recently received verbal approval from Ms. MacPherson to proceed with re -grading the beach to it's ;natural contour. As the USACE permit specifies that works will occur outside of sea turtle nesting season, this may require a minor permit We are transmitting 2 page(s), including ibis cover sheet. If you do not receive all of the pages, or Piave difficulty reading diem, please call (94I ) TO•d L6LOMM 01 woad WUSz:80 666T-FT-SO December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 40 of 143 ' Z0'd 'Ri101 I modification. Given that nesting has begun in Collier County, all concerned are anxious to completes the work as soon as possible. Star from this office will be present throughout and ' successful completion coordinated with Collier County Natural Resources staff. Your prompt attention is appreciated and verbal or faxed authorization will reduce any further delay. Smear,*, TURRELL & ASSOCIATES, INC. Cloe Es*ex Biologist CC: Ken Humiston, Humiston & Moore Engineers, 597-2025 Kyle Lukasz, PB$D, 597-5400 . i Z0'd 446L06££ Ol OOSSdB'1T--kU 1 WIJZId WH9Zc60 6665-£t-SO 9415942025� HUMiSTON & MOORS December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 41 of 143 I H & M ENGINEERS COASTAL i \ ENGINEERING DEIGN �61i AND PERMITTING i'Y.Q PAGE 02 10661 /W ORr RCAF N., MM 14 FWOM AX 15 90P1 M334109 PROW 041 "0 2021 May 7, .1999 Wfemo #o: Sandy FAeftemon, US FAX 9044232 2404. From: Ken Humiston Re: Beach Grading, Clani Be)t Restoration Projgct, Corps of Engineers 'Permit #199602789(IP_CC) We have requested authorization from the Florida Department of Environmental Protection (DEP) to re -grade a relatively small section:of beach in the referenced . project area, immediately south of Clam Pass. We have discussed this with Keith. Mule -of the DEP Bureau of Beaches and Coastal Systems, and Karen Moody of the Office of Protected Species. Both° have indicated that they will grant approval •.coritingent upon approval of the USF&WS. The area .to regraded is approximately 100 to � 150 feet- to the shore parallel direction, and the re-gr6ding will involve redistributing approArnately 100 to 200 cubic yards • of sand. We propose to conduct the. re -grading by bringing equipment in from the south; keeping it below the mean high water line to avoid nesting habitat•ond' the -need for tilling the area again. It Is estimated that the re- grading will involve less than- 200 cubic yards of sand and will be completed in a 'few hours. Although the referenced project is essentially. complete, the small amount of additional grading is desirable to -lower the beach profile in an area where It Is too steep. The regrading will reduce potential • for scarp formation as the beach readjusts in. response to wave activity. Additionally, readjustment of the beach which has occurred to date,has;exposed•a few small pockets of fine silty material which will be eliminated byre -grading this area. The re -grading will consist of -pushing sand waterward to below mean high water. This. will' flatten the profile to • reduce potential for scarp formation. The sand which -will be pushed Watirward Is material which. was dredged from the inlet and bay. system, but placed on tha beach mechanically rather than hydraulically_ 'Because of the fact that it was placed mechanically, it was not washed as dean as hydraulic beach fill, and ' contains some small pockets of silty material: ::Pushing this materialseaward will pilowwaves and currents to disperse -the silty rriatedal in the manner which it is normalljr'dispersed during hydraulic beach fill construction, consistent with the manner in •which• the rest of this project was conducted. Grain size analysis #gas-, shown that the coarse fractions of this material .is beach compatible,' and it is estimated that the overall silt content of December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 42 of 143 05/12/1999 16:18 9415942025 H & M ENGINEERS PAGE 03 ' i th mat rial to be re -graded is" less than 10%. Dispersing this silty material will also address concerns which have been expressed by Maura Kraus with the Collier County Natural Resources Department regarding the suitability of the mechanically placed beach fill as sea turtle nesting .habitat due to the presence of the pockets of silt. Cloe Essex of Turrell &. Associates has discussed this with Andy Eller of your local office, and she will be calling you on Monday, May 10. We would appreciate . 'it if you could expedite your review of this requesf so that we may complete this final element of the project as soon as .possible. Please call me if you have any questions. Copies to: Kyle Lukasz, Pelican Bay Service District, Fax 597-5400 Cloe Essex, T.drrell & Associates, Fax 643-6632 Andy Eller, USF&INS, Fax 353-8640 Keith Mille, DEP, Fax.$50-488-5257 Karen Moody, 13EP Fax 850-921-4369 Maura Kraus, Collier County, Fax 774-9222 NUMISION s MOORE ENGINEERS • NAPLES. FLORIDA December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 43 of 143 05/12/1999 16:18 9415942025 H & M ENGINEERS PAGE 81 : HUMISTON & MOORE ENGINEERS COASTAL 10661 AWORr ROM N. RM 14 C {'. /dlIR.4QSf, i40P�A 34109 ENGINF.ERtNG DESIGN f117f: 159N2YI75 AND PERMITTING f410M Val bW =11 May 12, 1999 Mr. Chip Clough U. S. Army Corps of Engineers 2301 McGregor Blvd. Ft. Myers,,FL 33901 SENT VIA FAX 334-0797, 3 pages Re: Beach Grading, Clam Bay Restoration, H&M File No. 8042 Dear Mr. Clough: Attached is a copy of a memo which describes -the referenced beach grading. We have verbal approval from DEP to perform the referenced grading, contingent upon concurrence of the USF&WS. We have spent the last weak obtaining a verbal approval from the USi=&WS, which is now contingent upon approval from your office. We would appreciate it if you could provide us with the approval of the Corps so that we can complete this extremely minor amount of grading, which - was initially requested by the Collier County Natural Resources staff for the purpose of improving the beach as sea turtle nesting habitat. As indicated in the attached memo, the proposed re -grading will take only a few hours. We would appreciate it if you can expedite this request_ Sincerely yours, HUMISTON & MOORE ENGINEERS , r. ,. 7*4. - J Kenneth K. Humiston, P.E. copies to: Kyle Lukasz, Pelican Bay Service District, Fax 597-5400 Cioe Essex, Turreli & Associates, Fax 643-6632 Andy Eller, USF&WS, Fax 353-8640 Sandy McPherson, USF&WS, Fax 904-232-2404 Keith Mille, DEP, Fax 850-488-5257 Karen Moody, DEP Fax 850-921-4369 Maura Kraus. Collier County, Fax 774-9222 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 44 of 143 \ OEM s� Department of A" Environmental Protection Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia B. Wetherell Governor Tallahassee, Florida 323"-2400 secretary CONSOLIDATED JOINT COASTAL PERMIT AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION PERMITTEE/AUTHORIZED ENTITY: Permit/Authorization No.: 0128463-001-JC Collier County- Pelican Bay Services Div. (Previously 113049919) c/o Ted Brown, Esquire Date of Issue: July 06, 1998 Akerman, Senterfitt, & Edison, P.A. Expiration Date: July 06, 2008 255 South Orange Avenue Orlando, Florida 32801 County: Collier Project: Clam Bay Restoration and Long -Term Management This permit is issued under the authority of Chapter 161 and Part IV of Chapter 373, F.S., and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain a Joint Coastal Permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- l 13. F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. 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; and, certification compliance with water quality standards under Section 404 of the Clean Water Act, 33 U.S.C. 1344. This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section I 1 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21.0051, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253 and Chapter 258, F.S., Chapter 18-20, Chapter 18-21, and Section 62-343.075, F.A.C., and the policies of the Board of Trustees. As staff to the Board of Trustees, the Department has reviewed the activity described below, and has determined that the activity requires a Consent of Use for the use of those lands, Printed on recycled paper. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 45 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 2 of 21 pursuant to Chapter 253.77, Florida Statutes. The Department hereby grants its Consent to the permittee to use the sovereign submerged lands for the activities authorized in this permit, provided all general and specific conditions, and monitoring requirements stipulated in the permit are met by the permittee. The above named permittee is hereby authorized to construct the work shown on the application and approved drawings, plans, and other documents attached hereto or on file with . the Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in -the attached drawings, and is also subject to the attached General Conditions, Specific Conditions, and Monitoring requirements which are a binding part of this permit. You are advised to read and understand these drawings and conditions 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 drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. The applicant has requested a variance (VE-I 1-726) from Rule 62-4.244(5), Florida Administrative Code (F.A.C.), which requires that a dredge and fill mixing zone be no more than 150 meters in radius from the point of discharge or source of pollution. The applicant has requested a mixing zone of up to 1,000 meters for the nearshore disposal of the beach quality material. The Department intends to grant this variance request per Chapters 403.201 and 403.938, Florida Statutes, and, Ch. 62-103.100, F.A.C. The requirements and conditions of Variance No. VE-11-726 are binding with this permit and shall become requirements and conditions of the permit. Activities authorized by this permit shall not commence until the Final Order granting Variance No. VE-11-726 has been issued by the Department. PROJECT DESCRIPTION: The project is to conduct activities to improve the hydrodynamics of, and thus restore and manage, the Clam Bay ecosystem by conducting the activities in association with and specified by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made part of this permit as Attachment "A". The Permittee is authorized to implement the CBRMP as set forth therein. Specifically, but not by way of limitation, the Permittee is authorized to: dredge approximately 22,000 cubic yards of material from CIam Pass and restricted channels within the system; conduct periodic dredging of Clam Pass and the interior channels to maintain the design depths; conduct minor, small charge blasting of the restricted interior channels; replace three 24 inch diameter culverts along Seagate Drive with similar sized one-way flow to the north culverts; deposit the beach quality material on the beaches adjacent to Clam Pass and dispose of the fines on the uplands; kill and remove the nuisance exotic vegetation within the system; conduct studies to determine the sources for excess water discharge into the system from the developed uplands; formulate an Upland Water Discharge Reduction Plan with December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 46 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 3 of 21 recommendations based on the results of the studies; and, implement the Upland Water Discharge Reduction Plan in accordance with its terms. PROJECT LOCATION: The project is located in the Clam Bay Natural Resource Protection Area and surrounding developments in Collier County, Sections 4, 5, 8, 9, 32, & 33 of Township 49 South, Range 25 East, Class II waters, not approved for shellfish harvesting. GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications, and attached drawings approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required. 2. If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Bureau of Beaches and Coastal Systems (Bureau) and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. 3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits which may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of sovereignty land of Florida seaward of the mean high-water line, or, if established, the erosion control line, unless herein provided and the necessary title, lease, easement, or other form of consent authorizing the proposed use has been obtained from the State. The permittee is responsible for obtaining any necessary authorizations from the Board of Trustees of the Internal Improvement Trust Fund prior to commencing activity on sovereign lands or other state-owned lands. 5. 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 specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. M N M M rl N N N N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 47 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 4 of 21 6. 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. The issuance of this permit does not convey any vested rights or any exclusive privileges. 7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 8. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. 9. At least forty-eight (48) hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Bureau and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date. 10. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the State Historic Preservation Officer and the Bureau. 11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems and the appropriate District office of the Department a written statement of completion and certification by a licensed professional engineer registered in the state of Florida. This certification shall state that: all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies of as -built drawings submitted to the Department. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 48 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 5of21 SPECIFIC CONDITIONS: 1. Prior to commencement of the activities authorized by this permit, the permittee shall ensure the following activities are conducted and information provided: a) At least 30 days prior to each construction event, the permittee shall identify a qualified biologist/ wetland scientist(s) familiar with ecosystems of Florida and submit their qualifications to the Department for approval. This individual will 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. b) At least 30 days prior to commencement of construction, the "Proposed Scope of Work" described in the Biological Monitoring section of this permit shall be submitted to the Department for approval. c) Prior to commencement of construction, the construction plans and bid documents showing the work area contemplated to be constructed shall be submitted to the Department to be verified/ approved by Department staff. Excavation work authorized by this permit shall be administered in accordance with Specific Condition 1.(g) below. To the fullest extent possible, the smallest, lightest mechanized equipment and smallest work areas adequate to conduct the activities authorized by this permit shall be used to minimize adverse impacts to natural resources and the substrate where mangrove regeneration is encouraged. d) Prior to commencement of each dredging event authorized by this permit, a pre - construction conference shall be held among the contractor, the owner or authorized agent, the wetland scientist(s), the marine turtle permit holder, the USFWS, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the General and Specific conditions of the permit and the Monitoring requirements. At least 10 days advance notice shall be provided prior to conducting this meeting. e) The Permittee shall submit the project specifications as required under Specific Condition 1.(g) below to BPSM for review and approval relative to the project specifications' probable impacts on marine turtles. If the type of dredge proposed has the potential to adversely impact marine turtles as determined by BPSM staff, additional conditions to protect marine turtles may be required by the Department as part of this permit. f) If blasting is proposed, a blasting plan shall be submitted to the Bureau of Beaches and Coastal Systems and the Bureau of Protected Species Management in Tallahassee for approval at least 30 days before the proposed blasting event. Additional conditions relating to the proposed blasting activities may be needed and added to this permit by the Department. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 49 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 6 of 21 g) At least forty-five (45) days prior to the initial dredging event and any subsequent maintenance dredging event authorized by this permit, the permittee shall submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee detailed project specifications, including but not limited to plan view and cross section drawings, which detail the dredge and fill limits at the dredging and disposal sites, the method of construction and construction schedule, and a processing fee as specified by Rule 62B-49, F.A.C. Additionally, the work area of the authorized excavation shall be clearly marked in the field by the wetland scientist(s) to allow the Department staff to verify and approve the location of the excavation. The Department may request additional information as necessary in order to review each proposed dredging event. Written approval from the Bureau of Beaches and Coastal Systems in Tallahassee shall be obtained before proceeding with each dredging event. Department approval for individual dredging events may be contingent upon the permittee's acceptance of additional conditions, such as turbidity and/ or water quality monitoring, which may be determined to be appropriate based on data submitted to the Department in support of a dredging request or upon the results of previous dredging. 2. The following conditions are required to minimize impacts to marine turtles: a) No construction, operation, transportation or storage of equipment or materials are authorized seaward of the dune crest during the marine turtle nesting season (May 1st through October 31s` ). This includes dredging of the main pass and disposal of dredged material seaward of the dune crest, including the intertidal zone. The other activities landward of the dune crest may be conducted during the marine turtle nesting season provided the necessary measures are taken to protect marine turtles. b) Fill material placed on the beach shall be sand that is similar to that already existing at the beach site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, other foreign matter and shall not contain, on average, greater than 10 percent tines (i.e. silt and clay) passing a No. 200 sieve and shall not contain coarse gravel or cobbles (exclusive of shell material) retained by a No. 4 sieve. c) Fill material shall not exceed a 10:1 horizontal to vertical slope and shall be placed below MHW. If fill disposal results in a barrier or depression in the beach profile that interferes with marine turtle nesting, the permittee shall be required to remove that feature upon request by the Department. d) Reports on all nesting activity is currently provided to the Department by Collier County Department of Natural Resource Protection. The Permittee shall ensure that the reports prepared by the Collier County Department of Natural Resource Protection shall include the collection of data specific to the project area for the initial nesting season following the December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 50 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 7 of 21 completion of construction, and for a minimum of two additional nesting seasons, unless waived as herein provided. Monitoring during the additional seasons may be waived if the permittee can demonstrate that the fill material is no longer present in the project area, or that turtle nesting the first season post -construction was not adversely affected compared to an appropriate control area. Monitoring shall include daily surveys and any additional measures for turtle protection authorized by the Department. Reports shall be submitted to the Department in accordance with current protocols with the Collier County Department of Natural Resource Protection, but as soon as practicable after the completion of all monitoring activities, and shall include daily report sheets noting all activity, nesting success rates, hatching success of all relocated and in situ nests, and names of all personnel involved in nest surveys and relocation activities. All nesting surveys and nest relocations shall be conducted only by persons with prior experience and training in these activities and duly authorized to conduct such activities through a valid permit issued by the Department, Division of Marine Resources, pursuant to Florida Administrative Code Rule 62R-1. e) If heavy equipment is required to transport equipment or materials on the dry beach (above MHW), the path of the equipment will be tilled to 36" to avoid compaction impacts prior to the following nesting season. f) Visual surveys for escarpments or barriers along the project area shall be made immediately after completion of the project and prior to May 1 in any year that disposal of beach quality material is placed on the beaches adjacent to Clam Pass unless inspection of the disposal area indicates that the dredged material has been removed by natural processes, in which case this permit condition shall not apply. Results of the surveys shall be faxed to the Bureau of Protected Species Management, (850) 921-4369, prior to any action being taken. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled to the natural beach contour by May 1"`. The Department shall be contacted immediately if subsequent reformation of escarpments that can interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. In each year where the escarpment survey is conducted, a summary of the survey and actions taken shall be submitted to the Department. g) During the marine turtle nesting and hatching season, all lighting associated with project activities landward of the dune crest and visible from the beach shall be limited to the immediate area of active construction only. Such lighting shall be shielded low pressure sodium vapor lights to minimize illumination of the nesting beach and nearshore waters. h) In the event an unmarked marine turtle nest or a dead, injured, or sick marine turtle is discovered during construction activities, the marine turtle permit holder and the Bureau of Protected Species Management shall be notified immediately such that appropriate December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 51 of 143 FDEP Permit No.: 0128463.001-JC (Previously 113049919) Page 8 of 21 conservation measures can be taken. 3. The following conditions are required to minimize impacts to manatees: a) The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water -related activities for the presence of manatee(s). b) 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 of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. c) Siltation barriers, if used, shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. d) All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction 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. e) If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. t) Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL FMP (1-800-342-5367). Collision and/or iniury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232- 2580) for north Florida or Vero Beach (1-407-562-3909) in south Florida. g) Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 52 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 9 of 21 sign should be at least 8 1/2" by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL FMP (1-800-342-5367). The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904- 232-2580) for north Florida or in Vero Beach (1-407-562-3909) for south Florida. h) Permanent manatee informational signs, such as those shown in the enclosed example sheets, shall be installed and maintained at the canoe boat ramp at the southern end of Outer Clam Bay following completion of the initial dredging event. 4. Pursuant to the Florida Department of State, Division of Historical Resources (DOS-DHR) regulations, no heavy equipment, land clearing, or ground disturbing activities shall be allowed at sites 8CR476, 8CR547, and 8CR576, unless subjected to prior testing by a qualified archaeologist and approved by the DOS-DHR. See the attached permit drawings for the locations of these historically significant areas to be avoided. 5. The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow water depths and meandering channels lined with protruding mangrove branches and roots. To protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety (boaters utilizing these waters), there shall be an idle speed/ no wake restriction on motorized vessels used in the system (as stipulated in County Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam Bay system by County Ordinance No. 96-16 shall remain active and enforceable for the life of this permit. Additionally, two Florida Marine Patrol approved signs that state, "Idle Speed- No Wake" and "Caution- Shallow Water and Natural Resources Present- Tilt Motor Up To Prevent Prop Dredge- Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." shall be placed at the following locations following completion of the initial dredging event: 1) One within the entrance of Clam Pass facing boaters entering the bays; 2) One at the entrance to Outer Clam Bay facing north and easily legible to boaters entering Outer Clam Bay; 3) One at the entrance to Inner Clam Bay facing south and easily legible to boaters entering Inner Clam Bay; 4) One at the entrance to Upper Clam Bay facing south and easily legible to boaters entering Upper Clam Bay; and, 5) One within the upper reaches of Outer Clam Bay facing southeast and easily legible to boaters leaving Seagate. 6. To protect the submerged natural resources (seagrasses and oyster beds) adjacent to the channels to be dredged, weighted turbidity screens that extend to the bottom of the waterbody December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 53 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 10 of 21 shall be installed between the natural resource and the dredge to effectively isolate the natural resource from the active dredge and prevent adverse impacts to the natural resource via suspended particle settlement. The turbidity screens will only need to be placed on the down current side between the natural resource and the dredge to assist the contractor in identifying the significant natural resource areas and to protect the natural resources from the dredge and temporarily elevated turbidity levels. 7. A minimal amount of trimming and removal of mangroves will be needed to conduct the authorized activities in the smaller interior channels. These activities are to be supervised by the Department approved wetlands scientist described in Specific Condition 1 above. To ensure that the biological health and productivity of the mangroves are not adversely impacted to a significant extent, the following mangrove trimming procedures must be followed, pursuant to Sections 403.9321-403.9333, Florida Statutes. Only once -per -year trimming of the mangroves needed to conduct the activities authorized by this pennit, and to maintain the canoe trails is allowed; no trimming of mangroves to create or enhance views within this ecosystem is allowed. Prior to trimming or removing any mangroves, the species of the trees must be identified and tagged by a qualified biologist, wedand scientist(s), or botanist and verified by staff from the Department's South District Office in Ft. Myers, or the Bureau of Beaches and Coastal Systems in Tallahassee. All trimmed mangrove parts greater than one inch in diameter shall be removed and composted on the uplands to prevent further restriction of tidal flow within the interior channels: Live Mangrove Trimming Procedures a. Maximum Diameter- No white mangrove tree with a single trunk diameter greater than twelve inches dbh (diameter at breast height= the diameter of the tree at 4.5 feet above the substrate) may be top trimmed. No black mangrove tree with a single trunk diameter greater than eight inches dbh may be top trimmed. No red mangrove tree with a single trunk diameter greater than one inch may be top trimmed. b. Top Trimming- White and black mangrove trees within the specified trunk diameters may be trimmed to a height of four feet above substrate. The limit of top trimming for red mangroves within the specified trunk diameters is 6 linear feet above the substrate. Top trimming shall not occur from May 1 through September 30. No more than half of the canopy of the tree shall be trimmed. No white and black mangrove trees less than 4 linear feet in height shall be trimmed. No red mangroves less than 6 linear feet in height shall be trimmed. c. Removal of Lateral Branches- For white and black mangrove trees, lateral branches originating between four and fifteen feet above the substrate may be removed from a trunk of any dbh. For red mangroves, up to fifty percent of the lateral branches originating between six and fifteen feet above the substrate may be removed. In multiple trunk trees, the trunk having the greatest dbh is designated as the primary trunk; others are designated as lateral branches. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 54 of 143 ' FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 11 of 21 General Prohibitions- 1) No herbicides or chemicals may be used to alter mangroves. 2) No burning may be used to alter mangroves. 3) No deliberate damage to prop roots, pneumatophores, and regular roots. 4) No cutting of any mangrove that serves as breeding, nesting, or roosting area for colonial water birds; or is used by endangered species, threatened species, and species of special concern for breeding, or which is routinely used, by endangered species, threatened species, or species of special concern, as listed in Rule 19-27, F.A.C., and 50 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds as defined in Rule 39-12.002 or 39-27.002, F.A.C., except where a permit has been issued by the Florida Game and Fresh Water Fish Commission, or, where appropriate, the U.S. Fish and Wildlife Service, to remove the nest or nests. Dead Mangrove Trimming or Removal Procedures a. Due to the large numbers of dead mangroves within certain areas of this ecosystem, up to 50% of the dead trees may be removed within the areas of massive die -offs to facilitate recolonization by mangroves. b. For public safety, all dead mangroves within 20 feet of the existing paved roads may be removed. c. Prior to removing any dead mangroves, the trees shall be inspected and tagged for removal by the approved wetland scientist(s). Prior to their removal, these tagged trees shall be approved for removal by staff from the Department's South District Office in Ft. Myers, or from the Bureau of Beaches and Coastal Systems in Tallahassee. The larger, sturdier dead trees suitable for roosting and nesting shall remain. d. Dead mangroves approved for removal shall be removed at the substrate level with care not to damage or disturb surrounding, living vegetation. e. The removed dead trees shall be composted or disposed on the uplands to prevent further restrictions of tidal flow within the interior channels. 8. As part of the restoration and long-term management of this ecosystem, activities shall be conducted to remove the nuisance exotic vegetation (including Australian pine and Brazilian pepper) within the Clam Bay Natural Resource Protection Area. These activities shall be conducted with the goal in mind to remove all nuisance exotic vegetation from the area with the actual percentage of nuisance exotic vegetation not exceeding 1% of the total vegetated area. When removing the nuisance exotic vegetation, care shall be taken to not harm the surrounding native vegetation. Mechanical removal should remove as much of the roots of the exotic as possible followed by hand removal, or chemical treatment of any suckers. If chemical treatment is used, only environmentally safe chemicals, such as garlon and roundup, shall be used with special care taken to not spill/spray any in or on the water or native vegetation. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 55 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 12 of 21 9. Within seven days of completion of the authorized activities (including the mangrove alterations, 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 regrade any spoil pile or berm that may have been created as part of the excavation work, such that there is no impediment to sheet flow and no created uplands as a result of the project. 10. Small charge explosives may be used to restore tidal flow in the interior channels where the use of mechanized and hand-held equipment is not feasible. The areas designated for the use of explosives shall be marked by the wetland scientist(s) and these marked areas shall be approved by Department staff prior to the use of the explosives. The explosives shall be carefully placed and detonated only in areas where their use will have minimal adverse impacts to significant natural resources. A Florida licensed explosives expert shall install and detonate all explosives associated with the project. 11. To develop a data set to understand the impact of freshwater discharge into the Clam Bay ecosystem from the developed uplands, the permittee shall submit detailed plans for the following primary studies within 120 days following permit issuance to the Department for approval. These studies are designed to identify existing water sources and water needs, and propose feasible methods to meet these water needs while concurrently reducing water discharges into the Clam Bay ecosystem (see the Clam Bay Restoration and Management Plan for the details and specifics of each study): Study I- Vegetation Analysis/ Irrigation Requirements; Study 2- Retarding Upland Water Flows into Clam Bay; Study 3- Reducing Flow from Perimeter Berm Area to Clam Bay; Study 4- Groundwater Flows; Study 5- Utilization of Stormwater Management Lakes as Source for Irrigation; and, any additional studies that may be needed to generate the information required to fully understand the impact of freshwater discharge into the Clam Bay ecosystem from the developed uplands. The study plans shall include detailed descriptions and maps, activities to be conducted, methods, and qualified personnel involved for each study. The permittee shall begin implementation of the Department approved studies within 180 days following permit issuance. 12. The permittee shall conduct the studies required by Specific Condition No. 11 for up to three years following permit issuance. However, if the data generated from the studies suggest that additional data gathering will not materially aid the permittee and the Department in understanding the impact of freshwater discharge into the Clam Bay ecosystem, the permittee may request the Department for authorization to terminate one or more of the studies and proceed to the analysis and recommendation phase as described in the CBRMP and this condition. N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 56 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 13 of 21 Following this study period, the permittee shall analyze the data gathered, formulate recommendations based on the data, and to the extent suggested by the data, design a plan to reduce water discharges into the Clam Bay ecosystem from the developed uplands ("Upland Water Discharge Reduction Plan" or UWDRP). If a UWDRP is required as a result of an analysis of the data by the permittee and the Department, then the permittee will submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee and the Department's South District Office in Ft. Myers the UWDRP for approval. Once the UWDRP is approved by the Department, the permittee shall implement the UWDRP as provided for therein, but in no event later than five years following permit issuance unless a modification or waiver of that time frame is agreed to by the permittee and the Department. The implemented activities to reduce upland discharge of water shall be monitored in accordance with the terms of the UWDRP following completion of their implementation. It is anticipated that all activities described here and in Section 4.5.4 of the CBRMP will be completed within the ten (10) year permit term, but nothing will preclude the Department with the consent of the permittee, from extending the time for implementation of any portion of the UWDRP if the interest of the ecology of the system would be improved by doing so. The permittee will, as suggested in the CBRMP, implement in connection with this permit a program of community involvement to help ensure the maximum amount of community participation possible should the studies described in the CBRMP, and required here, suggest the need for one or more UWDRPs. In this context, the Department recognizes that the decision to require one or more UWDRPs will be dependent on the outcome of the studies described in the CBRMP and required here. The following time -table summarizes the anticipated schedule for the activities associated with the studies required above: ACTIVITY SCHEDULE 1. Submit detailed plans of each primary Within 120 days from permit issuance study to the Department for approval. (anticipated to be October 22, 1998). 2. Begin implementation of the approved Within 180 days from permit issuance primary studies. (anticipated to be December 22, 1998). 3. Conduct the primary studies and gather For up to 3 years following permit issuance data. (anticipated to be July 22, 2001). 4. Develop as required by the data one or UWDRPs shall be submitted by April 22, more "Upland Water Discharge 2003, to the FDEP and will be implemented Reduction Plan" based upon results/ in accordance with their terms. recommendations of primary studies and submit to Department for approval. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 57 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 14 of 21 5. Implementation and monitoring of the To be completed within the permit term. "Upland Water Discharge Reduction Plan". 6. Submission of monitoring report for the To be submitted in accordance with the term "Upland Water Discharge Reduction of the UWDRPs. Plan" that includes any noted modifications or corrective actions needed. 13. The permittee shall conduct the studies, gather the information, and submit the reports stipulated in the "Monitoring Required" section of this permit. If the monitoring reveals adverse impacts have occurred as a result of conducting the authorized activities, the permittee shall cooperate with the Department to develop and implement such remedial/contigency plans as may be desirable to effectuate the purposes of this permit. The Permittee shall not be liable for damages or costs resulting from adverse impacts to the ecosystem unless those adverse impacts are a direct and proximate result of the intentional or negligent act(s) of the Permittee in the implementation of the activities authorized by the permit. MONITORING REQUIRED: 1. Water Quality Monitoring Turbidity monitoring during dredging and discharge, and as necessary prior to the removal of turbidity control devices. A. Dredge Site Frequency: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. Location: Background: At least 200 meters upstream of the project site outside of any visible turbidity plume, at mid -depth. Compliance: Downstream of the turbidity curtains which separate the dredge from the natural resources on the resource side of the curtains. When the natural resources are more than 150 meters downcurrent of the dredge, the compliance zone shall be no more than 150 meters downcurrent of the dredge within the densest portion of any visible turbidity plume, at mid -depth. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 58 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 15 of 21 B. Disposal Sites Frequency: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. Location: Background: At least 200 meters upstream of the project site (in the nearshore zone of the Gulf of Mexico) outside of any visible turbidity plume, at mid -depth. Compliance: At no more than 1,000 meters downstream of the discharge point in the intertidal zone (between the mean high and mean low water lines) and 61 meters (200 feet) offshore (from the mean low water line), within the densest portion of any visible turbidity plume, at mid -depth. All monitoring data shall be submitted within one week of analysis with documents containing the following information: (1) permit 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; and (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. Monitoring reports shall also include the following information for each sample that is taken: (a) time of day samples taken; (b) tidal stage and direction of flow (c) depth of water body; (d) depth of sample; and (e) antecedent weather conditions. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance sites greater than 29 NTUs above background turbidity levels at the corresponding background sites, construction activities.shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to the Department's office in Ft. Myers. Monitoring reports shall be submitted to the Department's office in Tallahassee and to the South District Office in Ft. Myers. Failure to submit reports in a timely manner constitutes grounds for revocation of the permit. When submitting this information to the Department, please clearly include, at the top of each page or as a cover page to the submittal: "This information being December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 59 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 16 of 21 provided in partial fulfillment of the monitoring requirements in Permit No. 0128463-001- JC (Previously 113049919)." 2. Hydrographic Monitoring To generate the data needed to adequately assess the potential impacts of opening up the restricted channels of the interconnected waterways as authorized by this permit, the hydrographic monitoring program shall include the following: a. Topographic surveys of Clam Pass and surrounding 500 feet zone. The surveys shall be conducted immediately prior to and following completion of the authorized excavation. Additional surveys of Clam Pass shall be required as often as the permittee seeks to conduct maintenance excavation within Clam Pass or the main channel excavated pursuant to this permit and identified in the CBRMP as Cuts 4A, 4B, 4C, and 4D. In such circumstances, the survey produced shall meet the standards set forth in paragraph `B" below. b. Within seven (7) days of completion of the authorized excavation of the interior channels, and thereafter as frequently as may be required for the duration of the permit, the enhanced interior channels shall be surveyed at a minimum of 100 feet cross -sections to ensure that the desired elevations have been attained. It is anticipated that these surveys will be initiated as and when it appears to the Permittee and its wetland scientist(s) that maintenance excavation of these channels may be required to maintain the integrity of the system. A copy of the survey, certified by a registered land surveyor, shall be submitted to the Department as a part of a request for authority to conduct maintenance excavation pursuant to Specific Condition 1.(g) above, or if the survey reveals no present need for additional excavation, it will nonetheless be submitted to the Department as additional data within thirty (30) days of completion of the excavation. Any survey submitted pursuant to this section shall contain a note, based upon the surveyor's examination of the excavated area which indicates whether the surveyed cross -sections reasonably reflect the site conditions for the entire area excavated. c. The permittee shall submit an engineering report and survey maps summarizing the monitoring data and project performance to the Bureau within 90 days of completion of each survey. The report shall include an analysis of the sediment characteristics of Clam Pass and any changes observed in the pass, identify erosion and accretion patterns along the pass and adjacent beaches, and identify any adverse impacts which would be attributable to the activities authorized by this permit. If survey data of the pass is submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format and the data shall be arranged according to the FDEPIDBS specifications so as to include all of the information required by the FDEPIDBS specifications. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 60 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 17 of 21 d. Monitoring stations shall be established at representative sites (as shown on the permit drawings as reflected in the CBRMP) throughout Upper, Inner, and Outer Clam Bay to record the following hydrological parameters: 1) time of day samples taken; 2) water temperature ("C and °F); 3) depth of water body; 4) depth of sample; 5) antecedent weather conditions; 6) water quality, including salinity, silicates, nitrites, total organic carbon, chlorophyll, phaeophytin, pH, conductivity, dissolved oxygen, total phosphorus, nitrate, nitrate ammonia, total kjeldahl nitrogen, and total dissolved solids; 7) sedimentation levels; 8) rainfall; 9) tidal stage and direction of flow; 10) other influential flows, such as groundwater and stormwater flows; 11) wind direction and velocity; and, 12) identification of the sample location which corresponds to the number shown on sampling location maps. These analyses shall be made immediately prior to and following construction, and monthly thereafter, with the exception of the water quality analysis (number 6 above), which may be conducted on a quarterly basis. Staff gages shall be installed at these stations in order to measure the relative tide range at each station. In order to measure the effect of the dredging on the tidal range, one station should be located adjacent to or within the degraded mangrove area. This station should be equipped with a tide gage capable of continuous readings of tide stage. The monitoring required by this section (e.) will provide valuable data concerning the effects the restoration project is expected to have on the hydrology of the Clam Bay ecosystem. This information is crucial for future management decisions for this important natural resource, therefore, this monitoring shall continue for the life of the permit. The data collected from this monitoring shall be listed, analyzed, and submitted to the Department in annual Hydrographic Monitoring Reports. 3. Biological Monitoring As required in Specific Condition Lb), at least 30 days prior to commencement of construction, the permittee shall provide a "Proposed Scope of Work (PSOW)" from the Department approved wetland scientist(s), or from another qualified environmental organization with experience conducting research on Florida's ecosystems. The PSOW will include a list of scientifically accepted methods that will be conducted, and when, and by whom, to adequately assess the Clam Bay ecosystem (with a primary focus on the mangrove and seagrass communities) before and after the activities authorized by this permit are conducted. The PSOW shall include the N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 61 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 18 of 21 following information plus any additional information or scientific methods deemed appropriate by the contracted scientists: a. Flight -dated aerial photography of the Clam Bay ecosystem before and after the activities authorized by this permit are conducted. 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 digitilization 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 coverages by 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 dredging activities and 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 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 the 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 conclusions and recommendations concerning the impacts the permitted activities have had on the Clam Bay ecosystem based on the analysis of the data collected, including the biological monitoring data, the hydrographic monitoring data, and the water quality monitoring data. MONITORING SUMMARY: Turbidity monitoring during construction; hydrographic/ water quality monitoring of Clam Pass, the interior waterbodies, the adjacent beaches, and the Seagate culverts; biological monitoring associated with marine turtle and manatee protection; and, long-term biological monitoring of the Clam Bay ecosystem via fixed vegetative and benthic surveys. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 62 of 143 0 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 19 of 21 COMPLIANCE TRACKING SUMMARY: - Commencement of Activity Notice- Due at least 48 hours prior to commencement of activity, per General Condition 9. Project Completion and Certification - Due within 30 days following subsequent dredging events from a Florida registered engineer, per General Condition 11. Preconstruction Conference- At least 10 days prior to commencement of activity, per Specific Condition l.d). - Marine Turtle Monitoring Reports- Reports due annually that include compaction measurements, escarpment survey results, and daily survey results, per Specific Condition 2. - Written Dredging Requests- At least 45 days prior to each event per Specific Condition l.g). - Mangrove Tagging Verification by Department Staff- Must be done prior to trimming or removing any mangroves, per Specific Condition 7. Study Plans- Due within 120 days following permit issuance, per Specific Condition 11. Upland Water Discharge Reduction Plan- Due within 3 years following permit issuance, per Specific Condition 12. Turbidity Monitoring Reports- To be conducted twice daily during construction and submitted weekly, per Monitoring Required section. Water Quality Monitoring Reports- Due annually, per Monitoring Required section. Hydrographic Monitoring Reports- Due annually, per Monitoring Required section. Biological Monitoring Reports- Due annually, per Monitoring Required section. AGENCY COMMENTS: Florida Department of Community Affairs- May 23, 1997- No obiections. Florida Department of State- Division of Historical Resources- June 23, 1997- Provided specific conditions to protect potentially historic sites 8CR476, 8CR547, and 8CR576. City of Naples- July 8, 1997- Supports the project. PARTIES REQUESTING NOTICE: Mangrove Action Group, Inc. Save the Bays Association. Inc. The Conservancy of Southwest Florida FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 20 of 21 Executed in Tallahassee, Florida. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 63 of 143 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Kirby B. een Deputy Secretary Copies furnished to: Bob Brantly, Bureau of Beaches and Coastal Systems Jon Iglehart, DEP- South District Office- Ft. Myers Kalani Cairns, U.S. Fish and Wildlife Service George Percy, Fl. Dept. of State Keri Akers, Fl. Dept. of Community Affairs Andreas Mager, U.S. Dept. of Commerce Susan Gray, SFWMD Stacey Cowley, DEP, Office of General Counsel Estus Whitfield, Governor's Office of Environmental Affairs Chip Clough, U.S. Army Corps of Engineers Mac Hatcher, Collier County Government Collier County- Pelican Bay Services Division David Guggenheim, The Conservancy of SW Florida Dan Spina, Save the Bays, Association Kay Potter, Mangrove Action Group, Inc. Hilburn Hillestad, Environmental Consultant- Arvida Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc. Karen Moody, DEP- Bureau of Protected Species Management John Miff, National Marine Fisheries Service Eric Staats, Naples Daily News John Mac'kie, Becker & Poliakoff, P.A. Permit Information Center December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 64 of 143 FDEP Permit No.: 0128463-001-JC (Previously 113049919) Page 21 of 21 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 12052, Florida Statutes, with the designs d Department Clerk, receipt of which is hereby acknowledged. GO --1 1-7 IqV Clerk Date Recommended and written by: �!! tf� pages attached. N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 65 of 143 Vanderbilt Be ach rd -3" 55 t 4 VV —7 Af. t4 L cy X %orth !apt�s. xT N LI, - 7 .Ai ZF Historical Sites to Avoid During Construction V Clam Bay Restoration Project f FDEP File No.: 0128463 A A"" —5Z 6? GCIf course Sb A% ?J U C' 1997 00 COA�TAU SYSTEN 2 i -2- -C `° 1 �� tit•\� � �( \',..t,.-. �i-- R _ �� �_ =• _h �'_� lGr� Tt1�1� r" - December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 66 of 143 SLER 0818 PERMANENT MANATEE SIGNS INSTALLATION PROCEDURES There are two types of manatee signs that may be required, 1) "Caution Manatee Area"; and 2) "Manatee Informational Displays" (see attached examples). The typical Manate-e Informational Displays include two sions: a "Manatee Fact Sheet" and "Basics for Boaters'. These signs are intended to increase the awareness of boaters of the presence of manatees in the area and of the potential threat boats pose to the animals. Custom - designed signs are allowable if the basic specifications and information are comparable, but must be approved by the Department. These sions are non -regulatory in nature. Procedure for Aaoroval: 1. The applicant should forward a project site plan, with the type and locations for sions to the Bureau of Protected Species Management, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 245, Tallahassee, Florida 32399. The applicant should also include a chart indicating the location of the facility in relation to waterways and county location, and the Permit and/or Lease number associated with the - project. 2. The Bureau of Protected Species Management will review the proposed site sion plan. The applicant will be notified within 30 days if the signs and locations proposed by the applicant are unacceptable. Correspondence will be sent to offer suggestions on the type, number and locations of sign(s). If the applicant has not received a response within 30 days, the proposed signs and their locations should be considered approved. 3. If during a site visit, approved signs and their locations are' found not to be in accordance with the instructions given in this "document, failure to follow these directions may require relocation or addition of sigris �. RECEIVED FEB 1 5 1996 ATTACHMENT - March 15, 1995 SUB LANDS & ENV. RES. Attachment �, Page 1 t 9 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 67 of 143 SLER 0818 PERMANENT MANATEE SIGNS INSTALLATION PROCEDURES (continued) Instructions for location and types: FACILITY TYPEISiZE SIGN REQUIREMENT Private, Commercial, or Public facility No Signs Required <10 wet or dry slips, for permanent mooring _ Private, Commercial, or Public Facility Manatee Informational Displays with 5 or more slips for temporary mooring (in association with upland service restaurants, charters, etc.) Private, Commercial, or Public facility Caution Manatee Area Signs Required with 10-19 wet, dry, temporary or permanent slips Private, Commercial, or Public facility Caution Manatee Area Signs with >20 slips (wet, dry, temporary or and Manatee Informational Displays permanent) Boat Ramp, Private or Public i Manatee informational Displays Manatee Informational Displays must be located in a prominent location, such as near walkways, dockmaster offices, restrooms or foot traffic access points to piers/docks for maximum visibility. Caution Manatee Signs for docking facilities should be placed on land, walkways or docks. These sians should be oriented so that the boaters using this facility will be reminded to watch for manatees while boating. These signs are not required to be placed in view for the general boating public. if a facility has separate docks with separate access walkways, a Caution Manatee Sian should be installed near each walkway or dock. Permanent manatee signs should not be installed on pilings in water, or be attached to navigational markers, or in any way impede navigation. 4 RECEIVED F E 8 15 1996 - SUB LANDS & ENV. RES. ATTACHMENT - March 15, 1995 i Attachmen*- D, page 2 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 68 of 143 OFLER 0818 INSTALLATION REQUIREMENTS for Permanent Manatee Signs (continued) Aporoved Sian Suppliers Both types of signs are available through the companies:iisted below and may also be available from other local suppliers throughout the state. Permittlease holders; marinas, and boat docking/launching facilities should contact sign companies directly to arrange for shipping and billing. Caution and Informational Sions- Cape Coral Signs & Designs Inc. 1311 Del Prado Boulevard Cape Coral, Florida 33990 1-800-813-9992 813-772-9992 FAX 813-772-9992 JADCO Signing Inc, 708 Commerce Way Post Office Box 911 Jupiter, Florida 33458 "1-800-432-3404 . 407-747-1065 FAX 407-744-2985 Municipal Supply and Sian Company Information Sions (only) Post Office Box 17 New City Sian Company Naples, Florida 33939-1765 2245 Central Avenue 1-800-329-5366 St. Petersbura, FL 33713 813-262-4639 813-323-7 897 FAX 813-262-4645 FAX 813-323-1897 iE ii RECEIVED F F R 15 1996 SUB LANDS & ENV. RES. y - ATTACHMENT - march 15, 1995 Attachment D, Pace 3 0 N ,y WEST INDIAN MANATEE FACT SHEET r»nA..rnro mow..:.+ Rn'MQ9UCT!£i!s w.ww ...erwka++1V 5 w•• •� n+.:t•+•� ��� �iy�....a:• mL w a... w T�yr{pwI w••V 2M.� w.. •:vi .IGSPVlE7l�Y�FM!r!fK.,A' �:_�, t..ral�w�nrJa MIwY'tX:x':+: 7tBia:M��...,�,�.��..���n��MnRir..•n.:..k!f+ •YItJtY +�••MM.}i1..a1.1. •.��n�+N.}1-ntir.+.M • r A..:::.1'1ix:GVIfITIS:Y 111t AYJ�MX•!•:WW i'L•�.4:1Li: ::. _.. :.ia:l.'Civ�i:ii:iH"�A.vi .•'i•YI!=�tM�;�l.. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 69 of 143 SLER 0818 MANA& BASICS FOR BOATERS um w lne «.»nn.w....wnt• �r ..�+n ww... anpR..a .w..�uur •.�••• iit wimacnew TB.e ...SIW ll11\fln1. It aTI': IM{:.\:.:1e fl.ii..'Ay.nF..:�+..w A:w�n[•. %;: ;.f..:r U�w. •mr— :Ou••r•ifMrw•lnww>.v. -.. Jlo�.t:ir+e �... •• Manar-=e T_n=t7=aational Lit cni=v Y;Snatas In`o+ :,tationa? D1s'1a t (? o= 2) (2 of 2) «,x �.,�.. rZz s? Ut . A T F ..f Caution Manatee Area RECENED FE81 5 1996 SUB LANDS & ENV. RES. ATTACHMENT - March f5, 1995 Attachment D, page 4 Nov 06. 1997 — 11:5"3 D:\OriG\0103\PR079SOt.dwe December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 70 of 143 MIAMI 1—V vi—\ 1 1 v 1 v 1v1I it PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION WILS�C, MILLER �" ;WL7 f997 +.9 49S ZSE 1�1 97 SusmM IIWD9Cft2MMY,SARMT M � 9ft NOf02-080-001-ERPAP PER- 79 STMEN MEANS 1fIIl011: Imt=t, Ni'701'1 • PIM MM Oarx ttY/E1! 14 S+EET /qc FiA. REO. 36644 w" awV L .. RaLY am ft® 1N0 "0-00 Pu ("0 60-4714 LM.B. 918 1 � J8 N H December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 71 of 143 tow 06, 1997 — 11:53.49 M\DWUA0103\PR07M2.d.a Nov OIL 1997 - 11:SS:<8' O�0WG\0103\PROa 03.dwg N ti December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 72 of 143 Nov 06. 1997 — 11:56:33 D.\DWG\0103\POD79SO4.dwq 1 IA. ._ 0 ri K rn X C. _ C December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 73 of 143 FEB., 1996 DIE —OFF AREA = (8.9 cc.) TOTAL DIE —OFF = 45.9 ac. LOCATION OF 1996 MANGROVE PROJECT: CLAM BAY APPUCANT: PELICAN BAY SERVICES DIVISION WILSON LEWIS ENVIRONMENTAL SM S49, SERVICES, INC. MIN MILLER DOMwr^ ry Q Q DIE -OFF AREAS: Figure 1.1(d) sTEPHEN 11EAN5 r F1A REG. 36644 4 OF 38 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 74 of 143 ' December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 75 of 143 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 76 of 143 --. f Z- 1--"^'J' PEUGW BAY STORMWAiR NANAGE)AENT SMEM (SOUTH HALF) uarm ++a mn.a c.ouo u+a�w Gig u'•'a m"..'w""u z©"' FIGURE Q ar w ER 3.2.2.1.c lIIS004 110AR "no h !iQ OL �p� MT mMitt b.6LM lli�+ W/ELW Yr I December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 77 of 143 Nov 06. 1997 — 12..04;04 O\OWMIMPROMO6.dre TIDE GAUGE ■ SAUNITY 0 TIDE STAFF GAUGE O CURRENT SALINITY AND TIDE GAUGE `FIELD STATIONS PROJECT: CLAM BAY Figure APPuCANT: PELICAN BAY SERVICES DIVISION 3.2.3.1(a) 0. T. TACKNEY FM REG. 20538 Vi%IL$ON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING COLLIERIm- t997 AF'R., 49s sse 11 97 NO 102 a80-001—ERPAP '� PfR-7 oMM er/Emp w L.M.B. Y18 SHM Na 8 or 18 Dec 10, 1997 - /1:58:01 ';l 7 0 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 78 of 143 EXISTING AND PROPOSED WATER QUALITY MONITORING STATIONS 4 3 2 1 PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 3.2.3.3.(o) WILSON `°`"'r cocu£R *lm. 1997 _M2•9 4ss "�25E 111 s TACKNEY AND ASSOC., INC. COASTAL ENGINEERING 1N0102 080-001—£RPAP hoc -79 M ILL E R p T. TACKNEY Flw REG. 20583 °�" �" �. 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Hoppensteadt Page 81 of 143 LOCATION MAP PROJECT: PELICAN BAY CLAM BAY-SEAGATE CULVERTS' IMPROVEMENTS Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.1.(a) WILS ON - - M�I L L E R Co"'ER � 7 97 16 49S 2SE t t 9 WRTMxa. uR03CW9 Fmw/ mAnAGM ' " ---' - W-Px A. u =01 � t.... eaw em >t.M n.eu�.�is� i eee(wii e4t-aoa ne (NJ) $45-016 DR+m � ✓.C.R/Jt9 � 12 -' J8 cu REC. � ro 0 0 M M ti H Q N N N N Nov 05. 1997 — 12.08:38 D.\DWG1,Ot03\f'R679St3.d.q E)OSTING TRIPLE 2e ROUND REINFORCED CONCRETE PIPE December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 82 of 143 ' SAM PLAN VIEW _/—EiSTiN0 _ GRADE�IIrII ----------- _ = �SFAGATE ORE IItI VWM) HEDAL — _-------------- SECTION EXISTING CONDITIONS PROJECT: PELICAN BAY/CLAM BAY—SEAGATE CULVERTS IMPROVEMENTS Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.1.(b) �WILSON--MILLER -��� �J9T f6 49S 25E 1t 97 P EtmsoxrsN7At csNsu�xaRrs ENGtxs�s 0M —OBI-005 —79 Suxvcro�s AAl70T[C[i t CONSM17TIoN YuuGM oarw w sa SHUT E STEPHEN A. MEANS MM e.u.r L. sou. sss. RgiM�riwwi" 3{ 06400 k�l'i1oP. im Ofa Iota ►.a (ai) so-aYts J.C.R 3l9 l J or 38 FLA. REC. / 36W. N ti TURBIDITY December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 83 of 143 -4—EDGE Or WATER PLAN VIEW T.e20. INSTALL CONCRETE HEADWALL, 3 - TIDEFLEX CHECK VALVES AND RIP -RAP SEDIMENT BASIN =r /y id I - Sw CEMIDIT scs C SEAGATE DRIVE STING HEADWALL M71�-RAP - �rTYPICAL) BN 1 11 1 i 1 EXISTING GRADE I SECTION ELEVATXN7 (-).30 T' a = HORIZONTAL N.T.S. VERTICAL PROPOSED IMPROVEMENTS PROJECT: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS APPLICANT: PELICAN BAY SERVICES DIVISION COUNM COLLIER oac O1 97 WILSON MILLER 16�TM"49S am25E "i PIANNMNNWMAL CONEULTAKM ENClltlRM 0103-081-005 PER-79 BARRIER Figure 45.1.(c) SOavtt b r tr CoNarNurnoN Marucses ORM n/� 94M «a STEPHEN A. MEANS NTr� �nef!@71(tAiR °"ei°N Pmt bIG PU1. REG. (3684t mo wua L+w. �tl. md,-I+aMe., fknida xios-+aor nua.. tNU �-ww n: tpl) eu-ans J.CR 3t9 14 ar 38 Nam.. nC �nNw yw•M•w'I h.� hW/'\ n.nh hpnwnf� � ..-.•� Nov 06. 1997 - t2:/0:03 0:\DWG\0I03\PR079St5.d+q a .to of It December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 84 of 143 ' VARIES WATER LEVEL EXISTING 2e RCP RED BALL TIDEFLEX (TF-2) CHECK VALVE N.T.S. CHECK VALVE DETAIL PROJECT: PELICAN BAY/CLAM BAY—SEAGATE CULVERTS IMPROVEMENTS Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.1.(d) coven: COLUER OUL 03 97 WILSOEMAC, MILLER - 16 Twft 49S �25M NM E 1�15 P6�, SrN9ULTANIS Enclxcr�s ofoJ-081-�005 ru 79 SORYCYOu R9, AEM"WMN U=C27 i CORS[RUrnON lIAN n 0 W/�' SiEPHEN A. MEANS =0 sr" tee.. MA. am e.*ie a �a°�M rb'l9w4i1 64"M r� tN1) ass-sns JaR. 419 J8 G /3 4 a December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 85 of 143 r U0. 1yy1F — 7C�0.aS POST �. 6' li,=• 0. �-- it II to r4-----+----II--- II II u u OPTIONAL MST POSITION PRINCIPLE POST 20't POSITION (CANTED 2(' TOWARD FLOW) FILTER FABRIC (IN CONFORMANCE WITH FILTER FABRIC SEC. 985 FDOT SPEC.) I SILT FLOW Ir BURIED DEPTH ELEVATION TYPICAL SECTION SILT FENCE N.T.S. ANCHOR BALES WITH 2 — 2" x 2" x 4' STAKES PER BALE FLOW BALES TO BUTT PLAN LOOSE SOIL PLACED BY SHOVEL 2• x 2" dt LIGHTLY COMPACTED ALONG - STAKE UPSTREAM EDGE OF BALES z FILL SLOPE SECTION TYPICAL BALE SILT BARRIER N.T.S. EROSION/TURBIDITY CONTROL PLAN PROJECT: PELICAN BAY/CLAM BAY—SEAGATE CULVERTS IMPROVEMENTS Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.1.(e 1) wwmWILSQN MILLER SEC: 6 25Ef0397 P(�g, Enrteoxwe�rcu. CoNsuu na EhCu+sies "1 Svmam-, LM(08GPE As "t. k CONSf7N E." MAlG6as9 0103-081-005 PER 79 STEPHEN A. MEANS •eaox r,uss4 eurm a N= mm axwu er/r w ! sw<[t Ha Ft/l REC �56844 =a ewa Lam. *at* am 94µ4ti M - a�os-ft" ftw lwq N9-4M n. tk1i one J.C.R. 3J9 !6 � 38 -w VO. �wwf — 1L:IlV'A CLOSED CELL SOLID PLASTIC FOAM FLOATATION (67 DUA EON.)(12 LBS. PER FT. BUOYANCY) --18 02. NYLON 1 5/irPOLYPRO o REINFORCED PVC ROPE (600 LB. FABRIC (300 PSI BREAKING TEST) WITH LACING STRENGTH) GROMMETS —� TYPE I CS FLOATING TURBIDITY BARRIER OH 5' STD. Pp/T fOR pEPTN O. OR LESS). OT Y ro R PANT FOR DEPiO)5'). GmiAHN eorroM UP TODEPTNHS OF TQ FEET. M PANELS TO BE USED fOR DEPTHS GREATER THAN 1p UNLESS SPECK DEPTH CURTA48 SPEC ICA"Y FOR IN THE PUNS OR AS DETERMNEO 8V THE COUPONENTS OF TYPE I Ma BE $94 AR OR IDENTICAL TO PROPRRTARY DESCH& A N tKIRINCEyFM ON THE PROPWIART OWN, OF THE DESI[iTTER SHALL BE THE SOLE RESPON9g{dfY Of THE USER. SUGSTnUTWNS FOR TYPE I SHALL BE AS APPROWCO D! THE ENGINEER. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 86 of 143 POST VTIONS: 2' x4 OR21/2' MIN. DIA. WOOD; STEEL 6• MAX 1.33 LBS/FT. MIN.) 1 Ee '0 —u------- 1 /4' U u 18 OZ. C AINt2ED STAKED TURBIDITY BARRIERNYLON REINFORCED PVC FABRIC (300 PSI TEST) --- 5\*O �..,...� SHORE UNE 5 LIMITS OF CONSTRUCTION LIMITS OF SHORE LINE CONSTRUCTION TURBIDITY BARRIERS 1, TTURGVY BAD ARE TO K USED M Ni PE.AmENI TURBIDITY BARRIER APPLICATIONS BOOZES OF WATER REGARDLESS Of WARE DEPTH. 7. KLINGER AND SPAOTHO Of ANCHORS OEPEHOM ON WATER VELOCalm 1 OEPWVMOVT OF BYtltlER AROUND PRE LOGTIOHS MAY ' YAK 10 ACCOMMODATE OONSTRUCnON OPERAOOM 4. MAVIpA7pN UAV REQUIRE SEG4NIDi0 BAKER OWLNO CONSTRUCTION oPERATIONL 900i� mot. s EROSION/TURBIDITY CONTROL PLAN NQTE PROJECT: PELICAN BAY/CLAM BAY—SEAGATE CULVERTS IMPROVEMENTS Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.1. (e2) WILSON OL'00 WIMP T+�sN. Doi1A WOO. lg""e P.,w 4 O m ni ry C , N N N N MILLER STEPHEN A. MEANS of,38 FUl REC, LS6844 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 87 of 143 Nov 06. 1997 - 12:11:50 0:\C M nI M% PRO79SI 6.dw TG - TIDE GATE TS - TIDE STAFF PLAN VIEW OF CONSTRICTIONS IN PRIMARY CREEDS, CHANNELS & BAYS PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.2.(o) D. T. TtidtNEtr fu. roc. 2050 WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING COLLIER SlPR., 1997 ,.9 49S �``25E 11 9 N0102 080-001-£RPAP Ta PM-79 °"'"'" u s. 9 ra `is a za December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 88 of 143 ' ov 06. 1997 - 12:13:39 D\OWMOMAPRn79St9 d.n low +2.5 j GULF HIGH +2.0 •-%%. f• +1.5 r• PHASE LAG • ' SAY HIGH r4 .« +1.0 •�`~ AV Boy Latd 06 AV W le%W BAY LOW +0.5 • GULF LOW N• 0-AetO 2:00 10:00 11:00 12 00 13:00 ikOD is 1600 17:00 400 19:*. 20:00 21.00 -0.5 's .ti -1.5 `•r APPROXIMATE MEAN TIDAL CYCLE FOR GULF GULF AND INNER CLAM BAY - JUNE 6, 1996 100x UPPER CLAM BAY GULF of MEXICO HIGHER 50% to% INNER CLAM BAY 0 -1.0 0 1.0 2.0 3.0 WATER SURFACE CUMULATIVE FREQUENCIES PROJECT. CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.2.(b) WILSON TACKNEY AND ASSOC., INC. �/ER "2PR. 1997 4.5.2. c 97 -000ASTAL ENGINEERING N0,.949525E 1f"i 102-080-001-ERPAP PER-79 p, T, tApWEY MILLER ° �'Ugiglg g 19 .38 FUL REa 20583 IN 0et 10. 1997 — 12:3S:40 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 89 of 143 _1.4 INNER -1.5 CLAM _t BAY Q1 ILA -U11 Pyt CLAM PASS,., g M. as -aT -1a 3 SOU1H 90ARDIM OUTER CLAM BAY -2.0 -L7 ELEVATIONS ARE REFERENCED TO 1929 NGVD REPRESENTATIVE WATER DEPTHS PROJECT:.' CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION coufflrWILSON . COLLIER TACKNEY AND ASSOC., INC.: 2.9 '"" "`� COASTAL ENGINEERING a9s zse ecr w. MILLER No102—oeo-001—ERPAP On*M Cw W Mk* 11 97 PER-79 0 T. TACKNEY SMELT 20 or 38 RA REG. 20583 Figure 4.5.2.(d) gi 0 06. 1997 — 12.-15:14 ON nV1M 0103\ PR07952 Ld— December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 90 of 143 ' UPPER STORAGE j AREA O U X LLI CLAM a PASS L� O tL J C� LOWER STORAGE AREA CLAM 0 PASS R=201ft 100% n MODEL-1 MODEL-2 (UPPER CREEKS & BAYS) (STORAGE AREAS) PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.2.(e) WILSON COLUER ° X-R, 1997 4.5.2.(f) TACKNEY AND ASSOC., INC. 4.9 "" WL 49S 25E R "M /1 97 COASTAL ENGINEERING HIN PER—�9 MILLER CM W� M G.M.B. 91B � �: 21 a .38 0. T. TAG1wEY FLA REG. 20853 A. NOV 06. 799J - 17Iwol CLAM PASS t CD December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 91 of 143 :ET 4 EET 3 ;HEET 2 SHEET 1 REFER TO FIGURES 4.5.2(g)(2) AND 4.5.2(g)(3) FOR BREAKOUT SHEETS ALIGNMENT OF 4A - 4 D CHANNEL FOR PERMITTING PURPOSES ONLY PROJECT: CLAM BAY Figure 4.5.2.(g)(1 ) D. T. TACXNEY RA REG. 20853 APPLICANT: PELICAN BAY SERVICES DIVISION Vi%ILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING COWERAi'f�, ?997 VIN,..9 >.�49S "�'zsE ;A9 NOf02-0B0-OOf-£RPAP PER-79 °""� M a 91E 22c a' JB Dec 10. 1997 — 12:32:51 0.\0WG\0I SHEETI • Mangrove (pL� 4 South Boardxolk 40-50% Holodule 65-70x Holodule 30-9ox Holodule 20-30% Holodule 60-70% Holodule 30-40x Holodule 40-50% Holodule / 24't Mangrove December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 92 of 143 SHEET 2 70-80% Algae Covered Mangrove 38% Restricted to West Side < 18% Restricted to West Side 40-50% Short Gross Algae Covered Q Mangrove%FOR 0% Tholossio hy mi TING S ONLY PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.2.(g)(2) WILSON coumr LLIER Ars97 sM44.9 I"49S -CL25£ 49 1197 TACKNEY AND ASSOC., INC. COASTAL ENGINEERING -A 1°? oa0—oo1—ERPAP r" Nw DER-79 MILLER D. r. TnclwEY M REG. 20a53 Domor-Amp w. L.U.B./91a SWX, „Q 22b or 3a Dec 10, 1"7 — 12:34:Y7 0:\DWG\0103 SHEET 3 10-20% Heavily Scoured 0 < <30% Heavily Scoured 50-60X Heavily Scoured Mangrove 2't December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 93 of 143 s SHEET 4 0-1X < 5X Short —Algae C Covered 10-15% Mangrove Mangrove �---� 10-15X Short —Algae 60-70% Covered Heavily Scoured 5-10% Short—Algoe Covered 10-20% Short 60-70% Scoured Heavily Scoured < 5?G Scoured Grovel—Sond Mangrove 20't 22't Mangrove 5-10X 'ly Very HeowF\ Scoured F R PER ITtING P RPOSE ONLY PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICE'S DIVISION 4.5.2.(g)(3) WILSON `°" COLLIER e"r PR., 1997 TACKNEY AND ASSOC., INC. 1: 4•g 4 S 225E 9 COASTAL ENGINEERING o oz 111 "" PER-79 MILLER oeO-oo1—ERPAP 0. T. TACK NEY ort.s er/EW w 3-w " L.M.9.19Ia 22c or 3A FTA REG. 20853 0 Dee 10. t997 - 12.05:41 �4 R-36 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 94 of 143 ' UPPER g CLAM 8AY Approximate Ending Point CUT 1 15ft 04ANNEL O R-37 730 ft LENGTH U INNER ?C Li CLAM :2 BAY Approximate tl O Beginning Point J R-39 I APPROXIMATE LOCATION OF SPOIL DISPOSAL AREAS FOR CUTS 1. 2 & 3 AND APPROXIMATE LOCATION OF ONR MONUMENTS imo Endin gg Point nt ------CUT / 2 V520ft CHANNEL 50 It LENGTH Approximate Beginning Point - SILT FENCE/ FILTER FABRIC DUNE GULF SPOIL BEACH TYPICAL SECTION FOR SPOIL DISPOSAL ANCHOR HAY BALES EXCAVATION/SPOIL DISPOSAL PLAN CUTS1 Q� 2 & Z J FOR PERMITTING J u. PURPOSES ONLY PROJECT: CLAM BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.2.(h) WILSON COLLIER "�PR.. 1997 4.5.2•(k) TACKNEY AND ASSOC., INC. � 4.9 nip. """4 49S 25E tt s7 COASTAL ENGINEERING N0102-080-OOf-ERPAP PER -�79 0. T. TACKNEY MILLER DRM VIEW SKET H F1A SIM "a REC. 20. L.M.B./918 23 a 38 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 95 of 143 N ne 05, 1997 — 15:33:29 _— Approximate Ending Point —CUT #3 CUT 148 20ft CHANNEL 630 ft LENGTH 2'U CHANNEL 100 it LENGTH -- Approximate 8cpinning CUT #4C \\\ Pant Idt OW#a 1070 Q tDICAI CUT #4D MIDDLE OWIQ CLAM 20 a t+ I BOARDWALK PASS t" ,/� O 0 1 C./ cur I as X 300 CHANNEL Uj 23M It LENGTH 2 CLAM O o PASS 0 X W U_ J L_ SOUTH O r BOARDWALK L_ J OUTER CLAM BAY APPROXIMATE SPOIL DISPOSAL LOCATION FOR CLAN PASS (SEE SHEET 28 OF 38 — FIGURE 4.5.2(0) FOR DETAIL) EXCAVATION/SPOIL DISPOSAL PLAN CUTS 3 - Q� tJl /� `t FOR POSES ONLY PURPOSES ONLY PROJECT: CLAM BAY Figure 4.5.2.(i) 4.5.2.(1) D. T. TACXNEY FLA. REG. 20553 APPUCAW: PELICAN BAY SERVICES DIVISION WILSON MILLER TACRNEY AND ASSOC., INC. COASTAL ENGINEERING COURM COLLIER 11R., 1997 {g ""49S RM25C tami s N0102 oao-ooT—ERPAP PM - oq+rn I_M.B W 27 OF 38 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 96 of 143 my ... I.V, — '�:cf.LJ U:\U1t6\U1 SEE NOTE-1 v 0' NGvo -3 It q 15 It CUT 1 7!��V 0' NM GUT 2 GUT 3 1 -3 It L 20It CUT &3 v 0' NGVD ttC -4 It 40 It L CUT 4A p 0' NGVD -4 it 520ft� CUT 4B p 0' NGVD J-- SEE NOTE-2 -4 It 5 30 ft NOTES: CU T 4C 5 4 1. EXISTING SECTIONS 3 Vw 2 SCALE 2. SIDE SLOPES 0 ANGLE / OF REPOSE (ASSUMED 37) 0 2 4 6 8 10 NORIZONTN. TYPICAL CUT SECTIONS PROJECT: CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION WILLSSON TACKNEY AND ASSOC., INC. # COASTAL ENGINEERING MILLER Figure 4.5.2.(i) O. T. TACKNEY y 3g FIA. REG. 20853 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 97 of 143 Nov 09. 1997 - 15:59:52 0\0WG\0103\PR079S2S.d_ INVERTEBRATES OBSEI Porifero Aplysina fistularis ChondriUa nucula Cinachyratta atlociad.a CinachyreUa kuekenlhal Cliona delitrix CtiOn4% celesta Ircinia spp Niphates erscta HalicIona spy. Cnidano (corals) Ctadocom arbuscula Diplorsn spp Muricen spppp Pamzoanthus parnsiticus Siderastive radians Sotenastren hyades Leptogorgia hebes Leptogorgia virgvlata OFFSHORE Polychoetes Aricidea philbinae Capitella capitata Fabricia trUobata Pricrospio heterobm.nchia Tunicotes Didemnum, spp Styela spp Mollusks Fighting conchs Strobus alatus Pen shells Atrina. rigida Echinoderms Beaded sea star Astropecten sppp long—spined block urchin Diadema antiUarum Netted sea star Luidia clathrata Nine-ormed sea star luidia senegatensis Vadoble urchin Lytechinus variegatus Five -holed keyhole urchin A&Uita quinquiesperforatas Anthropods Algae -Stone crab ,Nenippe mercenaria Horseshoe crab Lirnulus polyphemvs Spider crob Libinia emerginata VERTEBRATES OBSERVED OFFSHORE Fish Leather jackets otiguplites saurus Sea robin Priorwtus scritulus Sand perch Diplectrum bivittatum Toodfish Opsanus beta Tiger golby Cobiosoma macsvdon Sheepsheod Archosargus probatocephalus Pinfish Lagodon rhombeides Nurse shark Cinglymostoma cirmtwn DOCUMENTED ORGANISMS IDENTIFIED FROM CLAM PASS PROJECT: CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION WILLSSON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER BSERVED OFFSHORE Green alaoe (Division chioroohvtg) Acetabularia sppp Caulerpa sertularwides Caulerpa mexicana eauterpa perolifera PeniciUus capitatus Utva lactuca Diva fasciata Udotea spp Codiums spp. Red algae (Division rhodoohytol Crncilaria tikuahiae Hypnea spp. Rrnwn nlnne !Division ohaeoohvto) Sargassum filipendula Dictyota divaricata" *Species believed to be correct. INFORMATION PROVIDED BY TURRELL do ASSOCIATES, INC. OFFSHORE FOR PERMITTING PURPOSES ONLY Figure 4.5.2.(m) 0. T. TACKNEY or jaia n.REC. 2D853 m 0 N n, m; N ry Q) O N N N N �y December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 98 of 143 ROVES ncAovES ,WAOVES iates. Inc ,� ConaulUn[ y, fl 33942 CLAM PASS HARD BOTTOM HARD BOTTOM TRANSECT LOCATIONS S5tE0 T.T.T. I REv"" IDWC, NAM TRANSECT LOCATIONS Figure 4.5.2.(n) jq tv"r 27 of 36 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 99 of 143 ,I Jon 07. 1998 — t3:17:52 CLAM PASS O ►• SPOIL DISPOSAL' AREA FOR APPROXIMATELY 600 TO 800 FEET OF CUT 4A MIXING ZONE AND DISPOSAL AREA FOR CUTS 4A (NORTH OF 600 TO 800 FEET), 4B, 4C AND 4D DISPOSAL TO BE BETWEEN MEAN HIGH AND LOW TIDE OUTER CLAM BAY SPOIL DISPOSAL LOCATION FOR PERMITTING PURPOSES ONLY PROJECT: CLAM BAY figure 4.5.2.(o) Rccv�� �ii�f8 D. T.f A `2EY APPLICANT: PELICAN BAY SERVICES DIVISION WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING `°'"'" COLLIER "XPR. 1997 4.9 11' "� 49S 25f -- 195 11 97 N010?-080-001—£RRAP ER-79 0M Er„� ,M LM.8.j918 �1 Na 28 or 38 8 N m M ri O N N N N M Jon 07. 1998 — 13:17:03 0:\0WG\0103\1*28A.d.q PLAN VIEW December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 100 of 143 SPOIL DISPOSAL NOTE: SECTION B-B EXCAVATED BEACH QUALITY SAND WILL BE RELOCATED SCALE: I" a 40' TO GULFSIDE FOR BEACH RENOURISHMENT AND/OR PLACEMENT OVER SOIL DISPOSAL AREA. SPOIL DISPOSAL PROJECT: CLAM BAY APPLICANT: PELICAN RAY SERVMCES DMSION WI-L�SON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER SPOIL DISPOSAL 5;..�°�va,.ry Ara "�� SECTION A -A SCALE: i' - 40' — — — EXISTING ELEVATION PROPOSED ELEVATION PROPOSED SPOIL (APROXIMATELY 1700 — 2500 CY) APPROXIMATELY 2 FT. CAP OF CLEAN SAND EXCAVATION ®PROPOSED (SEE NOTE) RETAINING ®TEMPORARY BERM FOR PERMITTING PURPOSES ONLY Figure 4.5.2.(o) P-'Cwd �. Y 0. T. TACKNEY M REG. 20853 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 101 of 143 Photo 1. The west side of Upper Clam Bay looking south from the top of the Contessa, November 15, 1995. (Photo by Roy R. "Robin" Lewis III, Lewis Environmental Services, Inc., Tampa Florida) Photo 2. The west side of Upper Clam Bay looking south from the top of the Contessa, December 12 1996, (Photo by Roy R. "Robin " Lewis Ill, Lewis Environmental Services, Inc., Tampa, Florida.) b N m FIGURE 4.5.3(a) Sheet 29 of 38 f December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 102 of 143 •i ` R } � a Yv� b I �! WILSON PHASE ONE +1 BOUNDARIESMILLER • • LATERAL CHANNEL • UNIT$ RESTORATIONMANAGEMENT • EXISTING RESTORED CHANNELS PROPOSED SWALE RESTORATIONSheetof PROPOSED ` Figure RESTORATION PROPOSEDSIDECHMNSL• December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 103 of 143 0 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 104 of 143 PHASE THREE (a). CONTINGENCY PLAN . BOUNDARIES OF MANGROVE MANAGEMENT UNITS Aw�r• OUSTING RESTORED CHANNELS PROPOSED MAIN CHANNEL RESTORATION PROPOSED SIDE CHANNEL RESTORATION PROPOSED LATERAL CHANNEL RESTORATION PROPOSED SWALE RESTORATION PROPOSED MAINTENANCE OF: EXISTING CHANNELS [if PROPOSED MANAGEMENT AREAS WILSON N MILLER PER-79 Sheet 32 of 38 Figure 4.5.3.(d 1) December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 105 of 143 c N M Nov 06. 1"? — 12:25.13 W M N N to Go W N 0— W W Wto co O OD to � n 04 N w N o Z W N Z W > d :2 0 z O ty ty CL W 0 N � _... W En Z O w= W Li g N W CJ J (,-) 2 r � W 00 -- 00 W a .r N .- zw ¢¢ __ U a. w a0 O m a m 00 wz W o W LL- `� 3 U:) W ��- a = v a a a o! Q W W d N .} M d Z W J 0 z coco a Q � Z Q � � J CD m t-a '-4 � 7 7 > ;> Z F-- PROJECT: CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION WILSON k amo a ua ", am(. MILLER Figure 4.5.3.(e) inn—+; STEPHEN MEANS 34 a 3B FLA. REG. 36644 901 f£�£Z IIQZ-ZZ-ZL t7CC 7;� 798! - 7Z7]99 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 107 of 143 INTERNAL MAIN CHANNEL RESTORATION EXISTING PROPOSED SECTION X—X INTERNAL SIDE CHANNEL RESTORATION If- MHW - 1.50 FT. NGVD. MLW - (-)0.51 FT. NGVO - (GULF TIDE ELEVATIONS PER D.T. TACKNEY. P.E.) EXISTING PROPOSED SECTION Y—Y SECTION Z—.Z TYPICAL EXISTING AND PROPOSED CROSS -- .SECTIONS, HISTORICAL MAIN DRAINAGE CHANNELS AND SIDE DRAINAGE CHANNELS. N.T.S. PROJECT: CLAM. BAY APPLICANT: PELICAN BAY SERVICES DIVISION Figure WILSONJ 1 - °�fPR, 1997 4.5.3.(f) . LEWIS ENVIRONMENTAL COLLIER25E ;; s SERVICES, INC. FRDJM N010? 080-001-ERPAP PER-79 MILLER �. or/EMP L � "M STEPHEN MEANS L.A1.81918 35 or J8 rIA. REG. 36644 Dee 12, t"7 — 12:34:13 15:\DWG\01 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 108 of 143 INTERNAL LATERAL CHANNEL RESTORATION ir L2 EXISTING PROPOSED SECTION XX-XX INTERNAL SWALE RESTORATION MHW — 1.50 FT. NW. MLW — (—)0.51 FT. NGVD (GULF TIDE ELEVATIONS PER D.T. TACKNEY. P.E.) SMALL LATERAL CHANNEL AND SWALES N.T.S. PROJECT: CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION WILSON couw.: COLLIER lPR.. 1 LEWIS ENVIRONMENTAL SM 4' 'y" 49S 25C 9 SERVICES, INC. E.DL1=AIB.1918-2-00-001-£RPAP ER MILLER 36or Figure 4.5.3.(g) STEPHEN MEANS FLA. REG. 36644 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 109 of 143 >C FER ALL SPOIL DISPOSAL AS THIN LAYER OF BIODEGRADABLE ORGANIC MUCK, PEAT AND PLANT DEBRIS RESULTING FROM EXPLOSIONS. NO SPOIL PILES, BERMS OF UPLANDS TO BE CREATED. TOTAL DEBRIS AS SPOIL WILL NOT EXCEED XXX CU. YDS. INTERNAL MAIN CHANNEL RESTORATION (CHANNEL "A" ONLY) EXISTING PROPOSED SECTION X—X INTERNAL SIDE CHANNEL RESTORATION (CHANNELS B,C,D,1 A-6A & 1 C) EXISTING PROPOSED MANUAL AND EXPLOSIVE CLEARING MAXIMUM 225 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS MANUAL AND EXPLOSIVE CLEARING MAXIMUM 1,386 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS SECTION Y—Y MHW - 1.50 FT. NGVD. SECTION Z—Z MLW - (—)0.51 FT. NGVD (GULF TIDE ELEVATIONS PER D.T. TACKNEY, P.E.) METHODS OF SOIL DISPOSAL *(1 } M.T.S. PROJECT: CLAM BAY APPLICANT: PELICAN BAY SERVICES DIVISION 4Figure .5.3.(h) WILSUN COUNIVII LEWIS ENVIRONMENTAL � 4,9 � COLLIER t4tr n4 °vFft., ,gg7 :52.33495 25F 11 97 SERVICES, INC. Np 02-080-001-ERPAP PfR-79 MILLER Dom �� N. � Mk --EN MEANS L.M.S. 918 J7 or .T8 I M REC. 36644 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 110 of 143 Dec 12. 1997 — 12:35:26 D.\DWG\0103\2 INTERNAL LATERAL CHANNELS MANUAL CLEARING ONLY Oak A& r r MAXIMUM 441 CU. YDS. OF 1y- MANUALLY DISTRIBUTED DEBRIS EXISTING PROPOSED SECTION XX—XX INTERNAL SWALES RAG MUG MANUAL CLEARING ONLY r: - - MAXIMUM 229 CU. YDS. OF MANUALLY DISTRIBUTED DEBRIS EXISTING PROPOSED SECTION YY—YY MHW - 1.50 FT. NGVD. MLW - (-)0.51 FT. NGVD (GULF TIDE ELEVATIONS PER D.T. TACKNEY, P.E.) METHODS OF SOIL DISPOSAL *(2) N.T.S. PROJECT. CLAM BAY Figure 4.5.3.(i) APPLICANT: PELICAN BAY SERVICES DIVISION WILSON tOVM: COLLIER ' 'PR., 1997 'M 4'9s3 M 49S 825E tit 9 LEWIS ENVIRONMENTAL SERVICES, INC. P 0102-080-001—ERPAP PER STEPK14 UEMS p°" � P 11p L.M.B./918 s�ER �a 38 d 38 M I L L E R FUl REG. 3W' December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 111 of 143 ' tR01EtIf0A' �� = '� Department of Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Virginia B. Wetherell Governor Tallahassee, Florida 32399-3000 Secretary July 6, 1998 John G. Mac'Kie, III Becker & Poliakoff 3003 Tamiami Trail North Ste. 210 Naples, Florida 34103 Re: OGC Case No. 98-1923 and Permit Nos. 0128463-001-SC & VE-11-726 Dear Mr. Mac'Kie: Enclosed please find three originals of the stipulation with attached consent order for your review and signature. Please sign the original stipulations and forward to Mr. Ted Brown for his signature. By copy of this letter I'm requesting that Mr. Brown return to me as soon as possible one fully executed original stipulation and attached consent order. The other originals are for your files. It is my understanding from Mr. Rich Bray that the permits will be signed and issued today. Please feel free to contact me with any questions at (850) 921-9639. Thank you for your attention to this matter. Sincerely, Francine M. Ffolkes Senior Assistant General Counsel Encs FNT:cg cc: Rich Bray, DEP "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. e N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 112 of 143 it STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REMIlKGTON AT BAY COLONY CONDONIINIETM ASSOC., INC., Petitioner, VS. OGC CASE NO. 98-1923 COLLIER COUNTY (Pelican Bay Services Division), and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents. STIPULATION Petitioner REMINGTON AT BAY COLONY CONDOMINIUM ASSOC., INC., and Respondents COLLIER COUNTY - Pelican Bay Services Division and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) stipulate as follows: 1. The parties have agreed to settle the above captioned matter based on the consent order attached hereto as Exhibit A and Permit Nos. 0128463-001-JC and VE-11-726 issued to Collier County. 2. Petitioner hereby voluntarily withdraws its petition for administrative hearing filed with the Department on June 22, 1998. 3. Each party shall be responsible for its own costs and attorneys fees and waives any right that it may have against any other party for costs and attorneys fees associated with this action. 4. All parties acknowledge that they have the right to seek judicial review under section 120.68 of the Florida Statutes by the filing of a notice of appeal under rules 9.110 and December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 113 of 143 9.190 of the Florida Rules of Appellate Procedure. By executing this stipulation, each party waives its right to such an appeal and to any fiuther notice of that right. Date: John G. Mac'Kie, III Attorney for Petitioner BECKER & POLIAKOFF, P.A. 3003 Tamiami Trail North, Ste. 210 Naples, Florida 34103 (941) 261-9555 Date: Ted R. Brown, Esq. AKERMAN, SENTERFITT & EIDSON, P.A. Attorneys for Collier County 255 South Orange Avenue, Suite 1700 Orlando, Florida 32801 (407)843-7860 2 Date: —7 --& `l 9 Francine�Uffo�lkes Senior Assistant General Counsel STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900 Commonwealth Boulevard Tallahassee, FL 32399-3000 Mail Station 35 (850) 488-9730 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 114 of 143 ' BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTH DISTRICT In the Matter of an Application for joint Coastal Permit/Water Quality Certification, Request for Variance and Authorization to Use Sovereign Submerged Lands by: Collier County - DW DEP File No. 0128463-001 )C Collier County -Pelican Bay Services Divi do Ted Brown, Esquire Akerman, Senierfitt & Eidson, P.A. 255 South Orange Avenue Orlando, Florida 32801 CONSENT ORDER WHEREAS, Petitioner, The Remington at Bay Colony Condominium Association, Inc., a Florida not -for -profit corporation has filed a Petition for Administrative Hearing pursuant to Chapter 120.57 F.S. seeking a review of the Consolidated Notice of Intent to Issue joint Coastal Permit, Consent to Use Sovereign Submerged Lands, and Variance; and WHEREAS, Applicant(Permit Holder, the Collier County Pelican Bay Services Division and Petitioner have reached a settlement with regard to the matters raised in the referenced Petition; and WHEREAS, Respondent, the Florida Department of Environmental Protection (FDEP) has reviewed the terms and conditions of the proposed settlement and finds the same to be in the public interest and consistent with the intent of the Permit No. 0128463-001 JC (previously 113049919) & VE-11-726. oRo9W8;1 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 115 of 143 CJ NOW THEREFORE, without admission of the allegations of the Petition, and before the taking of any testimony and without adjudication of any issues of fact or law, and upon the consent of the parties hereto, it is hereby ORDERED AND DECREED as follows: 1. That portion of the Clam Bay Restoration and Management Plan (Attachment "A" to the referenced Permit) designated as Section 4.5.5.1(c) shall be stricken in its entirety and in its place shall be substituted the following: "The Permit Holder shall assume the benefit and burden of the permits previously issued by both the US Army Corps of Engineers under Permit No. 199602789(LP-CC) and the Florida Department of Environmental Protection (FDEP) under Permit No. CO-578. Both Permits allowed the installation and operation of two portable hydraulic dewatering pumps and associated piping to facilitate the draining of the Clam Bay mangrove estuary in the event that excess stormwater did not drain sufficiently by natural measures and the prolonged presence of excess water within the estuary might contribute to additional stress or die -off of mangroves within the same. The Corps Permit is active on this date. The FDEP Permit has expired, but upon issuance of this Permit will be deemed reinstated consistent with the terms and conditions of the Management Plan. oR040M8;1 in It is the intent of the Management Plan to authorize the Permit Holder to utilize both permits as a contingency response in those circumstances where the OROM68;1 13 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt u Page 116 of 143 I agencies, in concurrence with the Permit Holder, conclude that existing water elevations within the mangrove estuary are sufficiently high, and the natural systems for timely discharge and tidal exchange sufficiently impaired, that extraordinary measures are required to assist in draining the estuary. While it is anticipated that the need for this contingency will be minimal, it is necessary to have this protocol available as one of the tools to use to help insure the system can be drained in appropriate circumstances is important to the integrity of the Flan. Pursuant to the previously approved Permits referenced above, the Permit Holder has installed two pipes and located two pads for placement of the required pumps. In order to improve the operational flexibility of the contingency system provide for here, the Permit Holder will, within ten days following turtle nesting season (i.e. by November 10, 1998), remove the existing pipes. In the event that circumstances require the Permit Holder to use the contingency provided for here, the Permit Holder will utilize flexible discharge pipe that can be rolled up, relocated and removed from the beach area upon completion of the drainage effort. The Permit Holder will be entitled to pump, consistent with the requirements and limitations, as provided for in the referenced Permits, the terms and conditions of which are incorporated here by December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 117 of 143 reference. Further, the pumps required to conduct the dewatering operation contemplated here shall be located with the advice and consent of the agencies for each dewatering event giving appropriate consideration to (1) the ecological needs of the system, (2) the costs of temporary installation and maintenance during operation (3) the probable duration of the pumping and (4) the impact on the human environment by way of noise and proximity to housing. Every effort will be made to minimize adverse impacts on both the ecology of Clam Bay and the human environment adjacent to the estuary, consistent with accomplishing the fundamental purpose of draining excess water from the estuary." 2. Each of the undersigned representative of a party to this Consent Order certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Order and to execute and legally bind such party to this document. Dated: —% I Iq Y OROW680 BECKER & POLIAKOFF, P.A. Attorneys for Petitioner 3003 Tamiami Trail North, Ste. 210 Naples, Florida 34103 (941)261-9555 By: � jofG. Mac'Kie, Ill FIdaBar No. 0549568 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 118 of 143 AKERMAN, SENTERFITT & EIDSON, P.A. Attorneys for Collier County, Pelican Bay Services Division; Permit Holder 255 South Orange Avenue, Suite 1700 Orlando, Florida 32801 (407)843-7860 Dated:_ 7,g By " Ted . Brown Flori a Bar No. 0110484 STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION Dated—1 ,lp )�& gy1.c�r,,p FP�Nc1vt.=. c�L, rr tGs DONE AND ORDERED this OR090669;1 ro day of July, 1998. Division of Administrative Hearings The DeSoto Building 230 Apalachee Parkway Tallahassee, Florida 32399-3060 Filed with the Clerk of the Division of Administrative Hearings this day of July, 1998. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 119 of 143 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION In re: Petition Collier County- Pelican Bay Services Div. c/o Ted Brown, Esquire Akerman, Senterfitt, & Edison, P.A. 255 South Orange Avenue Orlando, Florida 32801 DEP Variance No. VE-11-726 Collier County FINAL ORDER BY THE DEPARTMENT On December 9, 1997, the Department received from Ted Brown, acting on behalf of Collier County Government- Pelican Bay Services Division, a Petition for Variance, pursuant to Section 403.201(1), Florida Statutes (F.S.), and Rule 62-103.100, Florida Administrative code (F.A.C.). The Petitioner requested relief from Rule 62-4.244(5), F.A.C., to allow up to a 1,000 meter mixing zone to extend in radius beyond the point of discharge of the dredged material in the intertidal zone as associated with the activities authorized by Permit No. 0128436-00 1 -JC. Rule 62-4.244(5), F.A.C., states that in no case shall the boundary of a dredge and till mixing zone be more than 150 meters in radius from the point of generation of turbidity or other pollutants (the point of discharge for this project). This variance is sought in conjunction with Permit No. 0128436-001-JC to maintain and manage Clam Pass and the associated ecosystem in an open, flowing condition. After reviewing the Petition for Variance, Department staff concluded that it satisfied the requirements and criteria set forth in Section 403.201, F.S. and Rule 62-103.100, F.A.C., provided conditions were included to protect the significant natural resources (live hardbottom communities) beginning —200 feet offshore. A copy of the Department's Intent of June 1, 1998, setting forth its findings is attached hereto and incorporated herein as Exhibit A. The Department's Intent notified the Petitioner of the Department's proposed agency action and advised it of its right to a hearing or mediation pursuant to Section 120.57, F.S. On June 12, 1998, notice was given in the Naples Daily News and in the May 22, 1998, Volume 24, Number 21, Florida Administrative Weekly (F.A.W.) informing the public of the Department's intended action and offering an opportunity for hearing pursuant to Section 120.57, F.S. A copy of the F.A.W. notice is attached as Exhibit B. 01 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 120 of 143 Final Order of Varian* Collier County- PBSD File No: VE 11-726 Page 2 The Petitioner and interested parties having been advised of their rights under Chapter 120, F.S.,.and having failed or declined to file a Petition pursuant to Section 120.57, F.S., are hereby deemed to have waived those rights. Acceptance of the variance constitutes notice and agreement that the Department will periodically review this variance for compliance, including site inspections where applicable, and may initiate enforcement action for violation of the conditions and requirements thereof. It is therefore: ORDERED by the State of Florida, Department of Environmental Protection, that the Petition of the Collier County Government- Pelican Bay Services Division requesting a variance be and is hereby granted, subject to the conditions recommended by Department staff in Exhibit A and the conditions of Permit No. 0128436-001-JC. Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section 120.68, F.S. by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; 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 this Order is filed with the clerk of the Department. Florida. DONE AND ORDERED this � day of �v_ �..� , 1998, in Tallahassee, —� STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION �+tVirginia . Wetherell� Secretary Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Final Order of Variancto Collier County- PBSD File No: VE 11-726 Page 3 December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 121 of 143 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date ry N December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 122 of 143 EXHIBIT A DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA In the Matter of an Application for Joint Coastal Permit/Water Quality Certification, Request for Variance, and Authorization to Use Sovereign Submerged Lands by: APPLICANT: PROJECT NAME: Clam Bay Restoration and Collier County- Pelican Bay Services Div. Long -Tenn Management c/o Ted Brown, Esq. Akerman, Senterfitt, & Edison, P.A. File No: 0128463-001-JC 255 Orange Avenue County: Collier Orlando, Florida 32801 CONSOLIDATED NOTICE OF INTENT TO ISSUE JOINT COASTAL PERMIT, CONSENT OF USE TO USE SOVEREIGN SUBMERGED LANDS, AND VARIANCE The Department of Environmental Protection gives consolidated notice of its intent to: (a) issue a joint coastal permit under Chapter 161 and Part IV of Chapter 373, Florida Statutes (F.S.), and Title-62, Florida Administrative Code (F.A.C.) (draft copy of permit attached). Issuance of the joint coastal permit also constitutes certification of compliance with state water quality standards pursuant to Section 404 of the Clean Water Act, 33 U.S.C. 1344: (b) grant a consent to use sovereign submerged lands for the proposed activity, under Article X, Section 11 of the Florida Constitution, Chapter 253, F.S., Title 18, F.A.C., and the policies of the Board of Trustees, as described, below subject to any fees or special conditions in the attached draft permit; and, (c) issue a variance (FDEP Variance No. VE-11-726) from Rule 62-4.244(5), Florida Administrative Code (F.A.C.), which requires that a dredge and till mixing zone be no more than 150 meters in radius from the point of discharge or source of pollution. Issuance of the joint coastal permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 123 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 012W3-001-JC (Previously 113049919) Page 2 of 14 I. DESCRIPTION OF THE PROPOSED ACTIVITY The applicant, Collier County- Pelican Bay Services Division, applied on April 21, 1997, to the Department of Environmental Protection for a 10 year permit/water quality certification/ authorization to use sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) to implement the Clam Bay Restoration and Management Plan (CBRMP) to restore approximately 568 acres of mangrove estuarine ecosystem (known as the Clam Bay Natural Resource Protection Area). The project consists of enhancing the hydrology of the system by periodically dredging sediments (up to 22,000 cubic yards) constricting the pass and interior waterbodies, placing the beach quality material on the beaches adjacent to Clam Pass, disposing the fine material on the uplands, replacing the three existing culverts on Seagate Drive with new, one-way flow to the north culverts, removing nuisance exotic vegetation, performing minor mangrove trimming, conducting small charge blasting to open the restricted interior channels, and implementing studies and programs to identify and reduce the amount of stormwater discharge into the Natural Resource Protection Area. The beach quality material will be placed onto the beaches adjacent to Clam Pass between DEP monuments R-35 south to R-50. The applicant has also requested a variance from Rule 62-4.244(5), F.A.C., which stipulates that dredge and fill mixing zones shall not exceed 150 meters in radius from the point of generation of turbidity (the dredge site and discharge site for this project). The applicant has applied for a variance from this provision to allow up to a 1,000 meter mixing zone parallel to shore for the disposal of the beach quality material in the intertidal zone. The project is located in -the Clam Bay Natural Resource Protection Area and surrounding developments in Collier County, Sections 4, 5, 8, 9, 32, & 33 of Township 49 South, Range 25 East, Class II waters, not approved for shellfish harvesting . ' The activity includes consideration of an application for a Consent of Use to conduct dredge and fill activities in sovereignty submerged lands of the State of Florida, and to replace three existing culverts in the same location within a City of Naples public easement (Seagate Drive culverts). I1. AUTHORITY FOR REVIEW The Department has permitting authority under Part IV of Chapter 373 and Chapter 161, F.S., and Chapters 6213-41, 62B-49, 62-330, 62-341 and 62-343, F.A.C. The activity is not exempt from the requirement to obtain a joint coastal permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing this application. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 124 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 3 of 14 The activity also requires a proprietary authorization, as it is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. The activity is not exempt from the need to obtain a proprietary authorization. Pursuant to Article X, Section I 1 of the Florida Constitution, Sections 253.002 and 253.77, F.S., Sections 18-21.0040, 18-21.0051, and 62-343.075, F.A.C., the policies of the Board of Trustees, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department has the responsibility to review and take final action on this request for proprietary authorization. The applicant has requested a variance from Rule 62-4.244(5), F.A.C., to allow up to a 1,000 meter mixing zone from the point of discharge of the dredged material into the intertidal disposal zone. The Department has the responsibility to review and take final action on this variance request per Chapters 403.201 and 403.938, Florida Statutes. III. BACKGROUND Previous permits have been issued by the Department to maintain Clam Pass in an open condition, to control elevated water levels within Upper and Inner Clam Bays, and to attempt to stop the abnormally high mortality rate of mangroves occurring in the estuarine system (DEP Permit Numbers CO-578, 112870025, and 112859039). Permit Number CO-578, a two-year permit issued in 1996, authorized the temporary usage of two portable pumps to control water elevations within Upper and Inner Clam Bays. Permit number 112870025, issued May 1, 1996, authorized the shallow dredging (using blasting and hand -digging) of 1,312 linear feet of main Lida] channels and 356 feet of minor tidal channels in Upper Clam Bay to enhance the tidal prism/ hydrology in areas where mangroves are dying. This work was completed on December 6, 1996, and according to the February 1997 Monitoring Report, appears to have enhanced the tidal prism/ hydrology within the immediate vicinity. Permit no. 112859039 was issued in 1995 and modified by the Department in 1996, 1997, and 1998 to allow maintenance dredging of up to 9,000 cu. yds. of material within the main pass in a continual effort to keep the pass open. The applicant, Collier County- Pelican Bay Services Division, applied on April 21, 1997, to consolidate all the authorized and pending activities into the CBRMP and one joint coastal permit to authorize the restoration and management of the Clam Bay Natural Resource Protection Area over the life of a 10 year permit. The proposal to install the overflow structures was dropped as part of the current submittal, which proposes to conduct activities to improve the hydrodynamics of, and thus restore, the Clam Bay system by: dredging approximately 22,000 cubic yards of material from restricted channels within the system; conducting periodic maintenance dredging of the main pass and interior channels; replacing three 24 inch diameter culverts along Seagate Drive with similar sized one-way flow to the north culverts; depositing December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 125 of 143 Consolidated Notice of Intent to. Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 4 of 14 the beach quality material (approximately 10,000-14,000 cubic yards) on the beaches adjacent to Clam Pass and disposing the fines on the uplands; removing or killing nuisance exotic vegetation within the system; conducting studies to determine the sources of and corrective actions for the excess freshwater discharge into the system; developing an Upland Water Discharge Reduction Plan; and, implementing the plan based on the recommendations of the studies to reduce the volume of water being discharged into the system from developed areas on the contiguous uplands. The Clam Bay watershed covers approximately 3,000 acres, of which approximately 2,000 acres is developed. Historically, there was a natural connection to Vanderbilt Lagoon at the northern end of Upper Clam Bay. This connection was blocked in the 1950's with the construction of Vanderbilt Beach Road. A single culvert installed here ceased to function in the 70's. Also, historically, there was a natural connection at the southern reaches of the system linking Venetian Bay to Outer Clam Bay. This connection was blocked in the 60's by the construction of Seagate Drive. Three culverts were installed here in 1976. These culverts are functioning today with limited capacity. Pelican Bay, a resort coastal community, was permitted and constructed in the late 70's. These blockages of the historic, natural connections and conversions of natural areas to developed areas have contributed to the increased rate of shoaling and frequent need for dredging to keep Clam Pass in an open condition. The hydrological characteristics of the Clam Bay system include an average annual rainfall of 53 inches for the region. An additional estimated equivalent of 26 inches is being discharged into the Clam Bay Natural Resource Protection Area via treated stormwater discharge from the developed uplands. Natural surface and groundwater drainage is towards the Clam Pass system, connected bays, and the Gulf of Mexico. The water Ievels within Upper and Inner Clam Bays are usually 3-12 inches higher than the Gulf of Mexico (even at ordinary high tides) due to several restrictions that have developed in the form of sedimentation, shoaling, and deposition of organic debris combined with the additional discharge of freshwater into the system from the stormwater management systems of the developed uplands. The typical tidal range is less than 5 inches in Upper and Inner Clam Bays compared to the greater than 2 feet tidal range normally occurring in Clam Pass. Clam Pass is so constricted that Outer Clam Bay, which is only 3,000 feet away from the pass, has a tidal range of less than 1 foot. Only 20-25% of the tidal exchange for Outer Clam Bay is provided by the Seagate culverts with the majority of water flowing through the culverts remaining in the upper reaches just sloshing back and forth between Outer Clam Bay and Venetian Bay. Clam Pass has most recently been dredged in April of 1996, in February of 1997, and again in April of 1998 (DEP Permit Number 112870025) . The trend over the past few years has been the need to dredge Clam Pass at least on a yearly basis to keep it in an open, free -flowing condition. This need for frequent, costly dredging is expected to continue unless activities are conducted to improve the tidal flow needed to keep the pass open ( Tackney, 1996). December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 126 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 5 of 14 In the Gulf of Mexico, the surf zone adjacent to Clam Pass can be characterized as an unvegetated, sandy substrate to approximately 200 feet offshore (from the mean high water line). Very productive hardbottom with up to 5 ft. relief is reported to begin between 200-300 feet offshore and extends Gulfward. This zone consists of large areas of hardbottom that are covered by many species of sponges, soft corals, tunicates, gorgonians, and marine macro -algae. The hardbottom provides a very important foundation for a biologically productive marine ecosystem as evidenced by the numerous species of living organisms observed in this zone (Turrell & Associates, Inc., July 1995). The Clam Bay Natural Resource Protection Area is characterized as a coastal mangrove estuarine ecosystem vegetated by all three species of mangroves native to Florida, white mangroves (Laguncularia racemosa), black mangroves (Avicennia germinans), and red mangroves (Rhizophora mangle) with black mangroves being the most prevalent. The Clam Bay system has approximately 568 acres of jurisdictional wetlands, of which approximately 443 acres are mangroves, 124 acres are open water, and about 1 acre is cattail (Typha spp.) marsh. There are approximately 7 acres of seagrasses (Cuban shoal grass- hlalodule wrightii) in Outer Clam Bay and some small isolated patches near the mouth of the pass. Small patches of remnant oyster beds can be observed in the bays. There are a few small patches of nuisance exotic vegetation throughout the system including, approximately 1 acre of Australian Pine (Casuarina equistifolia) and approximately 3 acres of Brazilian pepper (Schinus terebinthifolius) according to a report from Collier County Environmental Services Division, 1994, and as verified by field observations of the site from Department staff in 1996 and 1997. Collier County is currently implementing a nuisance exotic vegetation removal program to eradicate Australian pine. There is an increasing rate of mangrove mortality within the Clam Bay system as indicated by aerial photos and numerous field observations. Aerial photos indicate that prior to the development of the uplands in the late 70's, large-scale areas of dead mangroves were virtually non-existent. In 1978, a study conducted by Tropical BioIndustries Co. and Gee and Jenson found that 8.8 acres of the trees were dead within the black mangrove dominated forests in the interior of the system. By 1996, that figure had increased to approximately 50 acres of dead mangroves with an additional 50 acres stressed and/ or dying. The majority of the dead or dying mangroves are black mangroves which are most susceptible to actually drowning by excessive inundation of their roots (pneumatophores) that protrude from the soils surrounding the tree. The tree begins to die when the pneumatophores are completely submerged with stagnant water for periods longer than 24 hours (Scholander, 1955; Mckee, 1993 & 1995). The pneumatophores of the mangroves were submerged for up to a month in the early 90's due to above average rainfall amounts and freshwater discharges into the system from the upland development coupled with restricted tidal flow in the interior channels and Clam Pass. Additionally, chemical analysis of the soils in the mangrove die -off areas indicate high levels of hydrogen sulfide and low dissolved oxygen levels, two conditions indicative of stagnant water December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 127 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 6 of 14 accumulating toxins and contributing to the stressing and killing of the mangroves ( McKee, 1995). On -going water quality monitoring data submitted by Collier County Environmental Services and Pelican Bay Services District does not indicate the presence of excessive chemicals or nutrients in concentrations high enough to solely cause the mangrove mortality. Rather, the data shows that the death of the mangroves is attributable to a combination of factors, including excessive freshwater input into the system from the developed uplands and inadequate drainage/ tidal exchange from constricted channels resulting in water becoming elevated and stagnated above the pneumatophores of the mangroves for lethally long periods of time ( McKee, 1995 and Hatcher, 1994). Sediment grain -size analysis conducted by Law Engineering and Environmental Services, Inc. in February 1997, and historical data generated from previous dredging activities to keep Clam Pass open indicate that approximately two-thirds (10,000-14,000 cubic yards) of the total material proposed to be dredged (22,000 cubic yards) is beach quality in size, texture, and color. The material that is not beach compatible is primarily found in the bays and interior channels of the mangroves. This material consists largely of mangrove detritus and other organics in a fine, dark sediment matrix. The material that is not beach compatible will be deposited on the uplands landward of the marine turtle nesting beach. Unvegetated areas and areas with nuisance exotic vegetation have been targeted for this disposal. An unvegetated area immediately south of the pass has been determined by Department staff to be suitable to bury the non -beach compatible material provided the area is capped with at least 2 feet of the native soil and any remaining beach quality material from the area of excavation is placed on the adjacent beaches. The Clam Bay area was subjected to a cultural resources assessment survey in 1989. Seventeen archaeologically significant sites were identified in the region with three located within the area of the activities proposed by this project. These three areas are listed as 8CR476, 8CR547, and 8CR576. The Florida Department of State (DOS)- Division of Historical Resources has indicated no objections to the project provided the three archaeologically significant areas are avoided (DOS letter dated June 23, 1997). IV. BASIS OF ISSUANCE A. General Basis for Issuance The primary benefit expected from the proposed project is the enhancement/restoration of the ecosystem by improving the tidal flow/hydrology of the estuarine system. Approximately 568 acres of wetlands, including 443 acres of mangroves are expected to benefit from the project through,enhanced/restored tidal flow/hydrology. By conducting the proposed activities, it is December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 128 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 7 of 14 estimated that the super -elevated water levels within Inner and Upper Clam Bays will be lowered to acceptable levels to support mangrove recolonization. An additional benefit of the project includes the contribution of beach quality sand to an eroding public beach. This will improve the recreational beach that is currently available to the public in Southwest Florida and it will replace valuable beach needed by the endangered marine turtles known to nest in the area. The applicant has agreed to conduct the proposed activities seaward of the dune crest (the marine turtle nesting beach) outside of the marine turtle nesting season (May I" to October 31") to avoid adverse impacts to marine turtles. Specific conditions will be included in the permit to provide protection to endangered marine turtles and manatees. An additional benefit expected from the project is an improvement in water quality throughout the Clam Bay ecosystem. By opening the constricted channels and tidal creeks, improved tidal flow and flushing of the entire system is expected, thus enhancing water quality. Additionally, by installing the one-way flow culverts at Seagate Drive, water quality of both Outer Clam Bay and Venetian Bay to the south is expected to be improved. Currently there is two-way flow between the bays and hydrographic studies indicate that this is contributing to a lengthy lag time in tidal flows as the water between these two lagoons simply sloshes back and forth through the existing culverts. By installing the one-way flow culverts, the incoming flood tide will flow north into Outer Clam Bay forcing cleaner saltwater into Venetian Bay. The tide - flex valves would then close on the outgoing ebb tide forcing the water to flow out of Outer Clam Bay and through Clam Pass improving the water quality in Outer Clam Bay and aiding in keeping Clam Pass in an open condition. Tidal calculations indicate that with the installation of the one-way flow culverts, Outer Clam Bay will flush in 7-10 days and Clam Pass will need maintenance dredging less frequently to keep it in the open condition needed to sustain the biological vitality of the ecosystem and alleviate stressors upon living organisms within the ecosystem induced by encroaching development and lethally high water levels and freshwater input (Tackney, 1996). Additional engineering calculations were conducted to assess potential impacts to the Venetian Bay and Doctor's Pass systems to the south of the connecting culverts on Seagate Drive. These calculations show that installation of the one-way flow culverts will have minimal and insignificant effects on the existing hydrological characteristics of these waterbodies and installation of the culverts is not expected to contribute to adverse shoaling within or adjacent to Doctor's Pass ( Crawford, 1997). Specific Conditions and monitoring will also be included in the permit to provide protection to the existing natural resources within the Clam Bay system including the seagrasses, oyster beds, and mangroves. The channels, areas to be dredged, and spoil disposal sites have all been selected in areas to minimize adverse impacts to existing natural resources. Some minor unavoidable adverse impacts will occur during the dredging process including the loss of approximately 0.31 acre of seagrasses and some minor, non -lethal trimming of mangrove roots and branches. The seagrasses may recolonize and the minor trimming of the mangroves is not December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 129 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 8 of 14 expected to have a major effect on the health of the trees or their biological productivity. To ensure that the health and productivity of the mangroves are not adversely impacted, specific conditions are included in the permit establishing guidelines for the mangrove trimming that are consistent with the requirements in Sections 403.9321-403.9333, Florida Statutes. The adverse impacts to the environment have been minimized. This project is a restoration project and it is expected that the benefits to the entire mangrove dominated ecosystem will far outweigh the minimal adverse impacts identified. Specifically, approximately 568 acres of wetlands, including 443 acres of mangroves, will be enhanced/restored by the project with only 0.31 of an acre of adverse impacts to seagrasses. Therefore, the project is considered to be self -mitigating and no further mitigation is required. The beach disposal of the beach quality material will be in the intertidal zone of the adjacent beaches, pursuant to Chapter 161, F.S. The mixing zone for dredge and fill activities in this area cannot exceed 150 meters, pursuant to Rule 62-4.244(5), F.A.C. The beach disposal could cause elevated turbidity beyond the edge of a 150 meter mixing zone originating from the point of discharge of the dredged material in the intertidal zone. Accordingly, the applicant has requested a variance from Rule 62-4.244(5), F.A.C., to allow up to a 1,000 meter mixing zone parallel to shore in the intertidal zone. There is no practicable means known to further minimize the mixing zone and the potential for elevated turbidity"given the grain -size analysis of the dredged material and considering hydrodynamic processes in the intertidal zone at the beach nourishment site. Since there are no significant natural resources within the intertidal zone and within 200 feet offshore, a variance from the mixing zone requirement will be granted to allow up to a 1,000 meter mixing zone parallel with the shoreline. There will be a restriction of the mixing zone to not extend beyond 200 feet offshore (from the mean low water line) to avoid adverse impacts to the biologically productive hardbottom areas existing beyond the nearshore zone. Turbidity will be monitored during the beach disposal work to ensure compliance within these limits and specific conditions will be included in the permit to ensure that turbidity will not be elevated above 29 nephelometric units outside the 1,000 meter mixing zone. The permit will not be valid until and unless the Department issues a final order authorizing a variance from the above -referenced rule. The variance is temporary and shall only be valid during the beach disposal of dredged material activities accomplished under the requirements of and during the term of the permit and shall be subject to all monitoring conditions required by the permit. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 130 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 9 of 14 B. Specific Regulatory Basis for Issuance Through the above and based on the general/limiting and specific conditions to the permit, the applicant has provided affirmative reasonable assurance that the construction and operation of the activity, considering the direct, secondary and cumulative impacts, will comply with the provisions of Chapter 161 and Part IV of Chapter 373, F.S., and the rules adopted thereunder, including the Conditions for Issuance or Additional Conditions for Issuance, pursuant to Part IV of Chapter 373, F.S., Chapter 62-330 and Sections 40D-4.301 and 40D-4.302, F.A.C. The construction and operation of the activity will not result in violations of water quality standards set forth in Chapters 62-3, 62-4, 62-302, 62-520, 62-522 and 62-550, F.A.C. The applicant has also demonstrated that the construction of the activity, including a consideration of the direct, secondary, and cumulative impacts, is not contrary to the public interest. C. Specific Proprietary Basis for Issuance Through the above and based on the general/limiting and specific conditions to the consent of use, the applicant has met all applicable requirements for proprietary authorizations to use sovereign submerged lands, pursuant to Article X, Section 1 I of the Florida Constitution, Chapters 253, F.S., associated rule 18-21 F.A.C., and the policies of the Board of Trustees. The applicant has provided reasonable assurance that the activity: (1) is not contrary to the public interest; (2) will maintain essentially natural conditions; (3) will not cause adverse impacts to fish and wildlife resources or public recreation or navigation; and, (4) will not interfere with the riparian rights of adjacent property owners. In addition, the project is consistent with the goals and objectives of the "Conceptual State Lands Management Plan" adopted by the Board of Trustees on March 17, 1981. V. PUBLICATION OF NOTICE The Department has determined that the proposed activity, because of its size, potential effect on the environment or the public, controversial nature, or location, is likely to have a heightened public concern or likelihood of request for administrative proceedings. Therefore, pursuant to Section 62B-49.005 (8), F.A.C., you (the applicant) are required to publish at your own expense the enclosed notice of this Consolidated Notice of Intent to Issue. The notice shall be published one time only within 30 days, in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 131 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 10 of 14 The applicant shall provide proof of publication to: Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., Mail Station 300 Tallahassee, Florida 32399-3000 The proof of publication shall be .provided to the above address within seven days of publication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for denial of the permit and easement to use sovereign submerged lands. VI. RIGHTS OF AFFECTED PARTIES The Department will issue the permit (draft permit attached) unless a timely petition for an administrative hearing is filed pursuant to sections 120.569 and 120.57 of the Florida Statutes, or all parties reach a written agreement on mediation as an alternative remedy under section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for petitioning for a hearing are set forth below, followed by the procedures for pursuing mediation. A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative hearing in accordance with sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by the permit applicant or any of the parties listed below must be filed within fourteen days of receipt of this notice of intent. Petitions filed by any other person must be filed within fourteen days of publication of the public notice or within fourteen days of receipt of this notice of intent of intent, whichever occurs first. A petitioner must 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 (or a request for mediation, as discussed below) within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-5.207 of the Florida Administrative Code. A petition must contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number, and the county in which the project is proposed; m December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 132 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 11 of 14 (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interest are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by the petitioner, if any; (e) A statement of the facts that the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement identifying the rules or statutes that the petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take with respect to the action or proposed action addressed in this notice of intent. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice of intent_ Persons whose substantial interests will be affected by any such final decision of the Department on the application have the right to petition to become a party to the proceeding, in accordance with the requirement set forth above. Any person may elect to pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 133 of 143 Consolidated Notice 46tent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 12 of 14 r statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference; and (h) The signatures of all parties or their authorized representatives_ As provided in section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitation imposed by sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within fourteen days of receipt of this notice of intent. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. A party to this proceeding has the right to request review of this order's consistency with section 161.041, F.S., by the Governor and Cabinet, sitting as the Land and Water Adjudicaton, Commission, in accordance with Chapter 42-2, Florida Administrative Code, and specifically Rule 42-2.0131, Florida Administrative Code. To initiate such a review, your request must be filed within twenty (20) days of the date of this order with the Secretary of the Commission at Florida Land and Water Adjudicatory Commission, The Capitol, Room 2105, Tallahassee, Florida 32399-0001. A copy of the request must also be served on both the Department of Environmental Protection, Agency Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and on any person named in this order. within 20 days from the date of this order if the request for review is to be effective. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IL-1 A AlfreA B. Devereaux, Jr., Chief` Bureau of Beaches and Coastal Systems December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 134 of 143 Or1SUuEaatac.. Collie; County- Pelican Bay Services Division File No. 0128463-001-JC (Previo 113049919) Page 13 of 14 Recommended and written by Rich Bray with valuable input from Ilene Barnett, Bob Brandy, Keith -Mille, and Karen Moody. Copies furnished to: Bob Brandy, Bureau of Beaches and Coastal Systems Jon Iglehart, DEP- South District Office- Ft. Myers Kalani Cairns, U.S. Fish and Wildlife Service George Percy, Fl. Dept. of State Keri Akers, Fl. Dept. of Community Affairs Andreas Mager, U.S. Dept_ of Commerce Susan Gray, SFWMD Stacey Cowley, DEP, Office of General Counsel Estus Whitfield, Governor's Office of Environmental Affairs Chip Clough, U.S. Army Corps of Engineers Mac Hatcher, Collier County Government Collier County- Pelican Bay Services Division David Guggenheim, The Conservancy of SW Florida Dan Spina, Save the Bays, Association Kav Potter, Mangrove Action Group, Inc. Hilburn Hillestad, Environmental Consultant- Arvida Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc. Karen Moody, DEP- Bureau of Protected Species Management John Miff, National Marine Fisheries Service Eric Staats, Naples Daily News John Mac'kie, Becker & Poliakoff, P.A. Permit Information Center FILING AND ACKNOWLEDGMENT FILED, on this date with the designated Department Clerk, pursuant to 120.52(11), Florida Statutes,StatutesP'Anceipt of which is hereby acknowledged. A? ` Deputy Clerk 1134e December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 135 of 143 Consolidated Notice of Intent to Issue Collier County- Pelican Bay Services Division File No. 0128463-001-JC (Previously 113049919) Page 14 of 14 References 1. Crawford, Robert. 1997. Assessment of the Impact of the Proposed Flow Control Valves of the Seagate Drive Culverts, 2. Hatcher, James. 1994, 1996, and 1997. Collier County Environmental Services Division Publication Number NR-SP-94-01. 3. McKee, Karen. 1993 and 1995. Soil Physicochemical Patterns and Mangrove Species Distribution. Ecology 81:477-487. 4. Scholander, P.F. 1955. Gas Exchange in the Roots of Mangroves. American Journal.of Botany 42:92-98. 5. Tackney, David. 1996. Studies conducted in association with the long-term management plan for the Clam Bay System. 6. Tropical Biolndustries Company and Gee & Jenson Engineering, Inc. 1978. Carbon Flows in Portions of the Clam Pass Estuarine System. 7. Turrell & Associates, Inc. 1995. Clam Pass Inlet Management Plan. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 136 of 143 EXHIBIT B Volume 24, Number 21, May 22, 1998 Section V Petition for Variances or Waivers Department of Environmental Protection The Department of Environmental Protection gives notice of its intent to issue a variance (File No. VE-11-726) from Rule 62-4.244(5), F.A.C., to Collier County Government — Pelican*.BayAl Services Division, c/o Ted Brown with Akerman, Senterfitt, & Edison, P.A., 255 Orange Avenue, Orlando, Florida 32801, to allow a 1,000 meter mixing zone parallel with the shoreline and not to extend beyond 61 meters (200 feet) offshore for the disposal of beach quality material in the intertidal zone associated with the restoration and maintenance dredging of the Clam Pass system. The variance is associated with the Clam NBayN Restoration and Management Project, including the Clam *BayA Natural Resource Protection Area and surrounding areas, and is located in Collier County, Sections 4, 5, 8, 9, 32, & 33 of Township 49 South, Range 25 East, Class 11 waters, not approved for shellfish harvesting. 6/23/98 10:32:43 AM December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 137 of 143 C-1 AKERMAN, SENTERFITT 8 EIDSON. P.A. ATTORNEYS AT LAW CITRUS CENTER 299 SOUTH ORANGE AVENUE p pp� I� � 1 M 6...- ■ p pM/ ■D RECEIVED POST OFFICE 00% 231 t1•(.m- ORLANOO. FLORIDA 32602.0231 AUG 0 7 1998 (<OT) 0.3.7000 TELECOPY (407) 643.5610 USACE - REGULATORY FT. MYERS, FL August 5, 1998 Chip Clough U.S. Army Corps of Engineers 2301 McGregor Street, Suite 300 Ft. Myers, FL 33901 RE: Clam Bay Restoration and Management Plan Dear Chip: just a short note to thank you for your assistance in seeing the referenced plan become a permitted activity. Both Hilburn and I enjoyed working with you and we look forward to the next project. Thanks again and if I can be of any help to you, please don't hesitate to advise. Very truly yours, R. Brown cc: Hilburn Hillestad ORLANDO • FORT LAUDERDALE • MIAMI TALLAHASSEE • TAMPA • WEST PALM BEACH December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 138 of 143 10 Regulatory Division West Permits Branch Fort Myers Regulatory Office 199602789(lp-CC) Ted R. Brown Akerman, Senterfitt & Eidson, P.A. Attorneys At Law 255 South Orange Avenue Post Office Box 231 Orlando, Florida 32802-0231 Dear Attorney Brown: Awl 17 Ma Enclosed is a Department of the Army (DA) permit and a Notice of Authorization for application number 199602789(IP-CC), submitted on behalf of Collier County, Pelican Bay Services Division. The authorized works included the implementation of, and works performed in accordance to the Clam Bay Restoration and Management Plan (CBRMP). The project is located within Clam Bay and the Gulf of Mexico, Sections 4, 5, 8, 9, 32, 33, Township 49 South, Range 25 East, Collier County, Florida. The placard should be prominently displayed at the construction site. You may begin the work authorized by this permit. This permit does not relieve you of your responsibilities for any other Federal, State of local permit. A map showing the field office addresses and telephone numbers is enclosed. In order to determine compliance with the permit, U.S. Army Corps personnel or a contractor may inspect the project site at any time. A copy of the enclosed permit and drawings, in addition to the placard, must be available at the site of work at all times. Please be aware that failure to comply with the permit limits or the conditions may result in enforcement actions to include civil penalties. December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 139 of 143 4> 16 2 If, in the future, you choose to modify your permitted work, this must be requested in writing and drawings showing the proposed changes must also be submitted. Any requests for extensions beyond the five year time limit must be requested, in writing, at least one month prior to the expiration date of the permit. Sincerely, John R. Hall Chief, Regulatory Division Enclosures bcc (permit w/plans): DEP, Tallahassee [0128463-001-JCI FWS, Vero Beach NMFS, St. Petersburg CESAJ-RD-E Clough/CESAJ-RD-WF Silver/CESAJ-RD-W December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 140 of 143 COLLIER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION August 4, 1998 Mr. Chip Clough Department of the Army Jacksonville District Corps of Engineers Fort Myers Regulatory Office 2301 McGregor Boulevard, Suite 300 Fort Myers, Florida 33901 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597-4502 A CERTIFIED BLUE CHIP COMMUNITY RECEIVED AUG 0 5 1998 RE: Army Corps of Engineers Permit No. 199602789 (IP-CC) USACE - REGULATORY FT. MYERS, FL Dear Mr. Clough: Enclosed please find the Original and one copy of the above referenced Permit for signature by the Army, Corps of Engineers. I have enclosed a pre -addressed Federal Express envelope for your use in returning a signed copy to my office once it has been executed. If you have any questions, please contact my office. Yours sincerely, ��-1 PELICAN BAY EI VICES James P. Ward Department Director JPW/bcs December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 141 of 143 Regulatory Division West Permits Branch Fort Myers Regulatory Office 199602789(IP-CC) Ted R. Brown Akerman, Senterfitt & Eidson, P.A. Attorneys At Law 255 South Orange Avenue Post Office Box 231 Orlando, Florida 32802-0231 Dear Attorney Brown: We have completed the review of permit application number 199602789(IP-CC) submitted on behalf of Collier County, Pelican Bay Services Division. The proposal included the implementation of the Clam Bay Restoration and Management Plan (CBRMP). Our regulations require that you have an opportunity to review any special or general conditions prior to final signature by the Department of the Army (DA). Enclosed are an original and a copy of an unsigned DA permit instrument. Both copies must be signed by the applicant in the space provided on the last page of the instrument. In the case of corporations, acceptance must be by an officer of that corporation. Please type or print the name and title of the person signing below the signature and the date signed. Please read carefully the Special Conditions included on page 3 of the permit. These were developed to apply specifically for your project. Water Quality Certification (WQC) is also required prior to issuance of a DA permit. A copy of your certification has been received. In accordance with General Condition number 5 of the permit, the WQC specific conditions have been attached, and therefore, become a part of the DA permit. SIGN AND RETURN BOTH THE ORIGINAL AND THE COPY TO THIS OFFICE. December 14, 2011 Pelican Bay Services Division Board Special Session - Statement of Findings presented by J. Hoppensteadt , Page 142 of 143 11 2 The original will be signed by the District Engineer and returned to you with a placard to be posted at the site. It is important to note that the permit is not valid until it is signed by the District Engineer. Sincerely, John R. Hall Chief, Regulatory Division Enclosures Copy Furnished: (w/o encls) Mr. Jim Ward Collier County BOCC Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, Florida 33963 Mr. Timothy Durham Wilson, Miller, Barton, & Peek, Inc. 3200 Bailey Lane Naples, Florida 33942 WCI Communities, Inc. 24820 Burnt Pine Drive Bonita Springs, FL 33923 Florida Department of Environmental Protection Division of Environmental Resources Permitting Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard - Mail Station 300 Tallahassee, Florida 32399-3000 Honorable Porter Goss Representative in Congress Attention: Ms. Christy Hahn 2000 Main Street, Suite 303 Fort Myers, Florida 33901 bcc: CESAJ-RD-W Clough/CESAJ-RD-WF Silver/CESAJ-RD-W December 14, 2011 Pelican Bay Services Division Board Special Session Statement of Findings presented by J. Hoppensteadt Page 143 of 143 CA, AKERMAN, SENTERFITT & EIDSON. P.A. ATTORNEYS AT LAW CITRUS CENTER 256 SOUTH ORANGE AVENUE POST O-CE BO% 231 ORLANDO. FLORIDA 32802.0231 1407) 843-7860 TELECOPY(407) 643-6610 June 15, 1998 Chip Clough U.S. Army Corps of Engineers 2301 McGregor Street, Suite 300 Ft. Myers, FL 33901 RE: Clam Bay Restoration and Management Plan Dear Chip: Enclosed are copies of the materials sent to you last week for your review. As noted, I am in Tallahassee today and conferring with the state relative to like kind adjustments and then will attempt to make the demands of both permits integrate one with the other. Look for may call and a copy of the proposed state permit for your review following my meeting of Tuesday, June 16, 1998. Thanks for your continued help ion bringing this matter to conclusion. Very ruly yours, Te R. Brown cc: Ron Silver, ACOE Jim Ward Susan Watts Al Varley ORLANDO • PORT LAUDERDALE MIAMI TALLAHASSEE TAMPA WEST PALM BEACH December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 1 of 9 TIMELINE ESTABLISHING DESIGNATED USES FOR CLAM PASS/CLAM BAY pRIMARY DESIGNATED USE related to the purpose and function of the Clam Pass/Clam Bay area for Conservation, Preservation, and Protection of natural resources therein was established by the followings 1) in the 1970s-Collier County enacted zoning ordinances for the Coastal Area Planning District. Ordinance 76-30 recognized environmentally sensitive lands (including wetlands, estuaries and water areas) and zoned them as Sensitive Treatment (ST) with a process to discourage development by allowing increased development of uplands IF ST areas were converted to Conservation/Preserve areas. The Pelican Bay Planned Unit Development/ Development of Regional Impact (PUD/DRI) proceeded pursuant to having obtained CONDITIONAL APPROVALS (1977) that allowed 98 acres of coastal mangroves wetlands to be filled for use in the development by a required conversion of the remaining 570 acres of ST lands into a Conservation Area. The requirement for the remaining 570 acres of undeveloped Clam Pass/Clam Bay coastal barrier segment to remain in Its natural condition and prohibit it from further development resulted in the Pelican Bay Conservation Area being established by a Granted Deed with attached covenants and restrictions. It specified that 35 acres at the South end of the Conservation Area would become a public park (accessed through the preserve) that included a 3/4 acre public beach. Another five acres at the North end of the Conservation Area was also specified for a park to provides public beach access. 2) Between 1981 and 1982- Related to State and Federal approvals required for the Pelican Bay PUD/DRI, a Department of Army Permit (79K-0282) authorized fill of 98 acres of Clam Pass wetlands that was predicated on Special Conditions of the remaining undeveloped 570 acres being converted to conservation/preservation in perpetuity. It specified inclusion of Upper, Inner and Outer Clam Bays, their connecting creeks, Clam Pass and surrounding mangroves forests. It also prohibited dredging of Clam Pass except to keep it open to the waters of the Gulf of Mexico. 3) in 1988 - The undeveloped segment of the Clam Pass coastal barrier island (Conservation Area within Pelican Bay PUD's boundaries) was recommended to be added to the Federal Coastal Barrier Resources System (CBRS) as an Otherwise Protected Area. It was originally approved and recorded as FL-64P by the US Congress in 1988 and 1990. Additional related references in items 11-12 below. 4) In 1991-The Collier County Natural Resources Department (NRD) Coastal Zone Management Plan (CZMP-1991) condensed a series of NRD Technical Reports into a comprehensive coastal zone planning guide. Various chapters of it report the need to protect natural resources in the Clam Pass/Clam Bay Conservation Area. The CZMP-1991 was adopted by the BCC as a resolution and later by ordinance during 1992 and 1993. Draft ordinances were recommended to the BCC by NRD staff to be consistent with specific CZMP-1991 sections. Several included environmental protections in Clam Bay. S) Ordinance 91-111 created the Pelican Bay Municipal Services Taxing and Benefit Unit (MSTBU) in conjunction with the Pelican Bay Services District (PBSD) and an Advisory Committee with dual role for the both entities. Among the Pelican Bay MSTBU/PBSD responsibilities and benefits is the maintenance (and funding for maintenance) of conservation and preserve areas within Pelican Bay boundaries. A boundary map was attached which included the Conservation Area of the Clam Bays, connecting creeks and surrounding mangroves forest. This ordinance was later repealed and replaced by successive ordinances that described the Pelican Bay MSTBU /PBSD having the same purpose as earlier ordinances, but that it was changed from an Independent District to a Dependent District. 6) In 1995- The BCC approved the NRD's recommendation to adopt Clam Bay as its first Natural Resources Protection Area (NRPA). The BCC action stipulated that the Clam Bay NRPA had the same boundaries as the existing Conservation Area within the Pelican Bay PUD. 7) Consistent with item # 6 above, Collier County s Future Land Use Maps adopted the additional NRPA overlay onto the Conservation Area overlay established by Collier County's acceptance (as Grantee) of the 1982 Conservation Easement Deed from the developer/owners of the Pelican Bay PUD/DRI. 8) The Collier County 1995 Manatee Protection Plan (MPP) stated Clam Bay had the richest seagrass beds In Collier County (critical for manatee survival). Accordingly, the MPP recommended an Idle Speed/No Wake Zone throughout the Clam Pass waterway system. 9) in 1998, joint Coastal OC) permits by FDEP and the USACE authorized the County's Pelican Bay Services Division (PBSD) to begin long-term restoration of Clam Bay. The Clam Bay Restoration and Management Plan was attached to the jC permits.. The permits, management plan and implementation of authorized projects were funded by voluntary Pelican Bay property assessments, an agreement by the WCI firm (successor to original Pelican Bay developer/owners) to contribute up to one million dollars for Clam Bay restoration, and included limited transfers of funds from the Collier County NRD Water Quality program and Exotic Vegetation Removal program (Fund 111). 10) In 1998, a Florida Administrative Court Case No. 98-0324GM ruling byjudge Meale interpreted certain Conservation and Coastal Management Elements In Collier County's Growth Management Plan that NRPA's required unequivocal protection of habitats which supported existing and potential uses within NRPA areas by wildlife. December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 2 of 9 11) In 2005 there was clarification of the boundaries of the Conservation Easement within the Pelican Bay PUD by the Collier County Natural Resources Department (NRD) Staff to US Fish and Wildlife Services (USFWS) for the Federal CBRS Clam Pass Unit fL 64-P. 12) On October 15, 2008, Public Law 110-419 adopted Florida Congressman Connie Mack's recommended corrected map for Clam Pass unit of FL-64P. The corrected USFWS map identified the CBRS Clam Pass unit FL 64-P to be located entirely within the existing boundaries of the Clam Bay NRPA and Conservation Area as the Otherwise Protected Area (by Conservation Easement Deed) within the Pelican Bay PUD boundaries. SECONDARY DESIGNATED USE related to a pit Epose and function for Passive Recreation was established by the following: 1) The 1991 Coastal Zone Management Plan's (CZMP-1991) Inlet Management chapter had a substantial section describing Clam Pass and its bays, etc. It recommended no motorized boating as a protective measure for the natural resources within those waterways. 2) In 1995, the Collier County Manatee Protection Plan was adopted and sent to the State. It reported on Clam Bay's seagrass beds, canoe docks, very limited motorboat use, and conservation easement restrictions. The MPP recommended against any marina facilities ever being permitted in Clam Bay. 3) In 1995, 'The Clam Pass inlet Management Plan' was completed and Interim Report No. 1 was submitted to FDEP It stated Clam Pass was essentially non -navigable and small boat boats had limited use of it. 4) Joint Coastal 00 permits were approved in 1998 by FDEP and the USACE for the County's Pelican Bay Services Department (PBSD) to begin long-term restoration of the Clam Bay mangroves forest. The 1998JC permits had an attached Clam Bay Restoration and Management Plan, by Collier County Commissioner Hancock's Mangrove Task force. 4) In the year 2000, the Clam Pass Canoe Trail permit was approved by the Florida Fish and Wildlife Commission (FWC). PBSD records indicate that such markers were consistent with the Clam Bay Restoration and Management Plan tp mark the dredged drainage channels in a manner that benefited recreational use of the Clam Pass/Clam Bay waterways consistent with preservation and protection of the Preserve to not increase motorboat usage in it. 5) In 2010 a Consolidated Denial from Florida Fish and Wildlife Commission and FDEP was issued that rescinded an earlier temporary approval of lateral aids to navigation because bathymetry data was recognized to show the waterways were too shallow for a motorboat navigation channel. INCID NTA Mal! of Clam Pass JI^m Bay for motorized boating is apparent ba afore -mention d it ms referencing AL1IIIaLy and_ c_econdane establish d mc s and additionally evidenced by the follow(Mg; 1) On February 2, 2000, Collier County NRD Staff responded to Seagate property owner David Buser's inquiry on dredging and installation of navigational markers in the Clam Bay system. The NRD letter informed him that Clam Bay ranked low on all channel siting criteria, was not the type of area, had a conservation easement that prohibited pilings and signage except some warning signs, and that dredging is prohibited in Clam Bay except at the pass to maintain a connection to the Gulf of Mexico. 2) Collier County Boat surveys conducted periodically for the Parks and Recreation Dept. consistently reported few motorboats in Clam Bay (docked in Seagate subdivision) Less than ten boats were identified at Seagate docks in each survey. Mainly kayak and canoe use was consistently reported in Clam Bay. The 2010 boat survey identified no changed boat use in Clam Bay from prior reports. December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 3 of 9 From the Sierra Club_Calusa Group of Lee and Collier Counties Submitted to the Clam Bay Marker Discussion Group on 2/171 ? and 3/ 1.5/201 . l'L•lilt�lCL1�7:7�i�i�uiv��uu.��_.u..��..�.-.�_z�..�s:��_�.�__.�.------- 1) Retain the Clam Pass Canoe/Kayak Trail. It benefits thousands of resident and visitors for passive recreation that is compatible with the Primary designated use of the Clam Pass/ Clam Bay creek and lagoon system for Conservation and Preservation of its shallow meandering condition with dense mangrove vegetation and other habitats that support listed and other wildlife especially but not exclusively aquatic and avian species. 2) Implementation of NEW Information Markers to better protect ALL Clam Pass/Clam Bay waterway users. EX: "Local Knowledge Required Due to Shallow Waters, Shoals, Tidal Flats, Mangroves and Seagrass" Similar Information Markers identify shoal and seagrass areas. 3) "Status Quo" remains for the Seagate residents', Pelican Bay residents' and general public use of the Clam Pass/Clam Bay backwaters. This includes historic limited access to the Gulf of Mexico through the small dynamic tidal exchange of Clam Pass. Backwater lagoon and creek access includes areas of naturally occurring tidal flats, sandy shoals, mangroves roots/branches and seagrass areas. 4) All permits authorizing activities within the Clam Pass/Clam Bay system are consistent with restoration and maintenance of the mangroves ecosystem. Past and Future activities are recognized by all that excavation/construction and maintenance of drainage channels within this system ARE NEVER done to improve navigation. *NRPA stands for Natural Resources Protection Area designation (applied to Clam Pass/Clam Bay Coastal Barrier Resources in 1995 by Collier County Commission). December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 4 of 9 1) Retain the Clam Pass Canoe/Kayak Trail. It benefits thousands of resident and visitors for passive recreation that is compatible with the Primary designated use of the Clam Pass/ Clam Bay creek and lagoon system for Conservation and Preservation of its shallow meandering conditia:n with dense mangrove vegetation and other habitats that support listed and other wildtife especially but not exclusively aquatic and avian species. 2) Implementation Of NEW Information Markers to better protect ALL Clam Pass/Clam Bay waterway users. EX: Local Knowledge Required Due to Shallow Waters, Shoals, Tidal Flats, Mangroves and Seagr'ass" Similar Information Markers identify shoal and seagrass areas. 3) "Status Quo" remains for the Seagate residents', Pelican Bay residents' and general public use of the Clam Pass/Clam Bay backwaters. This includes historic limited access to the Gulf of Mexico through the small dynamic tidal exchange of Clam Pass. Backwater lagoon and creek access includes areas of naturally occurring tidal flats, sandy shoals, mangroves roots/branches and veagrass areas. 4) All permits authorizing activities within the Clam Pass/Clam Bay system are consistent with restoration and maintenance of the mangroves ecosystem. Past and Future activities are recognized by all that excavation/construction and maintenance of drainage channels within this system ARE NEVER done to improve navigation. *NRPA stands for Natural Resources Protection Area designation (applied to Clam Pass/Clam Bay Coastal Barrier Resources in 1995 by Collier County Commission). December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 5 of 9 MEETING AGENDA CLAM BAY MARKER DISCUSSION GROUP TUESDAY, MAY 17, 2011 — 9:30 A.M. TILL 11:30 P.M. RISK MANAGEMENT TRAINING ROOM 3311 TAMIAMI TRAIL EAST, NAPLES I. Call to Order II. Pledge of Allegiance III. Changes and Approval Agenda IV. Approval of Minutes 1. March 15, 2011 Minutes V. Update Marker Discussion through Stakeholder Representatives • Discussion/Agreement of signage on Clam Pass bridge in Clam Pass County Park and at the Pelican Bay beach facility • Discussion of Seagate's proposed revision to the local knowledge sign • FWC participation • Next steps VI. Public Comments VII. Announcements with Follow-up VIH. Next Meeting Date/Location TBD IX. Adjournment • Public speakers are requested to do the following for any items presented to the Board: Display on each document the presenter's name and title of document. Provide a total of 7 copies of each handout, to be distributed as follows: 3 Board Members; I Minute Taker; I County Attorney; 2 CZM Staff members. • The following websites will provide information, agendas and dates for this subcommittee: hyR:Ilw)vw.eolliergov izet/lzzdex.asox?yteze=1S h(V:Ilivw)*,colliezgov zzetllndex.aspx?gage=2390 All interested partied are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this procceding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Fl, 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 6 of 9 March 15, 2011 MINUTES OF THE CLAM BAY DISCUSSION GROUP Human Resource Training Room #208 3309 Tamiami Trail E., Naples, FL March 15, 2011 I. Call to Order The Discussion began at 2:00 pm The following Stakeholders were represented: Honorable John Sorey, City of Naples; Mary Johnson, Mangrove Action Group; Steve Feldhaus, Pelican Bay Foundation; Keith Dallas, Pelican Bay Services Division; Marcia Cravens, Sierra Club; Kathy Worley, Conservancy of Southwest Florida; Dr. Ernest Wu, Seagate Homeowners Assoc. Kathy Worley was not present. Ernest Wu arrived at 2:15 p. m., Rick Dykman represented Seagate Homeowners Assoc. until Mr. Wu arrived. Marcia Cravens arrived at 3: 35 p.m. The following Collier County Staff members were present: Gail Hambright, Accountant; Gary McAlpin, Director, Coastal Zone Management; Marla Ramsey, Administrator, Public Services. Georgia Hiller, Collier County Commissioner was also present. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Changes and Approval of Agenda Mr, Sorey moved to approve the Agenda. Second by Mr. Feldhaus. Carried unanimously S — 0. December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/312012) Page 7 of 9 March 15, 2011 IV. Approval of Minutes 1. February 17, 2011 minutes Mr. Sorey moved to approve the minutes of the February 17, 2011 meeting subject to the following changes: • Page 1, Item V., paragraph 1, line 3 — from "of the system from Clam Bay south of Seagate..." to of the system from Outer Clam Bay north of Seagate..." • Page 2, Paragraph 2, #3 — from "Maintaining the historic navigational rights of the Seagate Community." to "Maintaining the historic navigational rights of boating access of the Seagate community." Second by Mn Feldhaus. Carried unanimously 5 — 0. Mr. Wu arrived at 2:15 p.m. V. Update Marker Discussion through Stakeholder Representatives Gary McAlpin, Director of Coastal Zone Management, provided the following documents: • Copy of an email to him from Ryan Moreau, Florida Fish and Wildlife Conservation Commission dated March 2, 2011 — Subject "Clam Bay Discussion Group Material" • Document "Clam Pass — Marker Locations" and related examples of signs proposed for marking the system. • Document "Discussion with Ryan Moreau on 212312011 based on questions from the Clam Bay marker workshop held on 211712011 " Ryan Moreau, Florida Fish and Wildlife Conservation Commission, (FFWCC) arrived via telephone at 2:30 p.m. to answer questions on the permit application for marking the system with canoe markers. Speakers Linda Roth, Pelican Bay Resident Selma Petker Arthur Chase, Pelican Bay Resident Ronnie Bellone, Pelican Bay Resident **Mr. Moreau, FFWCC, responded regarding permit. Ted Raia, Pelican Bay Resident Jim Pelton, Seagate Resident Len Rothman, Canoeist Rick Dykman, Seagate Resident **Mr. Moreau, FFWCC, responded on time frame. Len Rothman **Mr. Moreau, FFWCC, responded Mr. Moreau left the meeting at 3: 30 p. m. December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 8 of 9 March 15, 2011 VI. Public Comments Speakers Ted Raia, Pelican Bay Resident Len Rothman Dick Dykman Jim Pelton Marcia Cravens arrived at 3: 35 p. m. Ms. Cravens submitted the following documents: • "Recommendations for the Clam Pass/Clam Bay Uniform Waterway Markers Benefitting Safe Recreation Compatible with NRPA designated uses" from the Sierra Club, Calusa Group of Lee and Collier County, submitted to the Clam Bay Marker Discussion Group on 2/17/11 and 3/15/2011. • Copy of an email from Ryan Moreau to Pamela Keyes dated March 2, 2011 — Subject: Follow up e-mail per their phone conversation. Gary McAlpin polled the Stakeholders on their position on the proposed .Plan for Marking the Clam Bay System. Ms. Johnson, Mangrove Action Group, supports the Plan, and recommends a shared permitting arrangement (PBSD/Collier County, Coastal Zone Management, etc.) Mr. Feldhaus, Pelican Bay Foundation, supports the Plan as it meets the goals identified, and recommended that public education be increased to inform the public on the mixed used of the system. The permit should be "signed off on" by the various parties, however, issued to Collier County (Coastal Zone Management) Mr. Sorey (for himself) supports the Plan .7�- Ar. Dallas (for himself) supports the Plan with the Pelican Bay Services Division "signing off" on the permit to ensure continuity. --N- Mr. Wu, Seagate Homeowners Association, does not support the Plan, as the Associations members are opposed to the concept of canoe trail markers. Ms. Cravens, Sierra Club, supports the Plan, with the markers being integrated into the existing permit for the markers on the north end of the system. Mr. Sorey left the meeting at 3: 50 p.m. Gary McAlpin stated he would report back to the Coastal Advisory Committee and Board of County Commissioners on the findings, and seek direction from the BCC. Commissioner Hiller recommended that the findings be reported to the Pelican Bay Services Division as well. VII. Announcements with Follow up None VIII. Next Meeting Date/Location TBD The Discussion ended at 4:00prn December 14, 2011 Pelican Bay Services Division Board Special Session Correspondence No. 2 submitted by (Marcia Cravens / received 1/3/2012) Page 9 of 9 March 15, 2011 Clam Bay Discussion Group These minutes approved by the Discussion Group on as presented , or as amended 2