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Clam Bay Committee Agenda 12/03/2013
1 � @ �odc PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit NOTICE OF PUBLIC MEETING TUESDAY, DECEMBER 3, 2013 THE CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET TLI -.S[), Y, DECEMBER 3 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FL 34108. AGENDA The agenda includes, but is not limited: 1. Roll Call 2. Audience comments 3. Agenda Approval 4. Approval of Clam Bay Committee meeting minutes a. October 17 b. October 29 c. November 12 5. Opening up culverts at Seagate Drive a. Opinion letter b. Co- sponsoring feasibility study with City of Naples 6. Clam Bay NRPA Management Plan a. Suggested changes in latest draft b. Next steps in plan development c. Latest draft on passive recreation 7. Article for Pelican Bay Post 8. Next meeting 9. Adjourn ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO ONE (1) MINUTE 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. VISIT US AT HTTP:// PELICANBAYSERVICESDIVISION.NET. 11/26/2013 2:28:36 PM CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD THURSDAY, OCTOBER 17, 2013 LET IT BE REMEMBERED, that the Clam Bay Committee of the Pelican Bay Services Division Board met Thursday, October 17, 2013 at 1:00 PM at the Community Center at Pelican Bay located at 8960 Hammock Oak Drive, Naples, Florida. The following members were present: Clam Bay Committee Susan O'Brien, Chairman John Domeme Tom Cravens Mike Levy Joe Chicurel Pelican Bay Services Division Board Also Present Scott Streckenbein Pelican Bay Services Division Staff W. Neil Dorrill, Administrator Mary McCaughtry, Operations Analyst Kyle Lukasz, Operations Manager Lisa Resnick, Recording Secretary Moderator Mohamed Dabees, Ph.D., P.E., Humiston & Moore Engineers, Inc. Also Present Tim Hall, Senior Ecologist & Principal, Turrell, Hall & Associates, Inc. Kathy Worley, Director of Environmental Science, Conservancy of Southwest Florida Clam Bay Stakeholders Marcia Cravens Ted Raia Mary Johnson Linda Roth REVISED AGENDA 1. Roll Call 2. Audience comments 3. Agenda Approval 4. Question & answer session with engineer c. Suggested triggers to know when dredging should be done a. Brief review of construction drawings for last dredging event, including the part of the design not implemented b. Discussion of how dredging design may change based on what we have learned in past six months d. Funding for the Clam Bay Management Plan (add -on) 5. Proposal to replace culverts with bridge 6. Water quality 6.1 Brief update on beach renourishment (add on) 34 October 17, 2013 Clam Bay Committee Meeting Minutes ROLL CALL All Committee members were present AGENDA APPROVAL Mr. Cravens motioned, Mr. Domenie seconded to approve the agenda as amended [add 4d, 6. 1, order of item 4: c, a, b, d]. The Board voted unanimously in favor and the motion passed. QUESTION AND ANSWER SESSION WITH ENGINEER SUGGESTED TRIGGERS FOR DREDGING The Committee and audience commented at length. Dr. Mohamed Dabees, Humiston & Moore Engineers explained that dredging triggers are not finite. One single event does not determine when to dredge and one cannot control the sequence of events. Technology has advanced greatly since 1998 and now, modeling surveys can simulate vulnerabilities and predict effectiveness of proposed remedies. There are indicators for guidance, but no definitive yellow line or red line that once crossed over determines when dredging should occur. One does not want to wait until there are signs of die -offs because by the time one can see biological indicators, it is too late. BRIEF REVIEW OF CONSTRUCTION DRAWINGS FOR LAST DREDGING EVENT INCLUDING THE PART OF THE DESIGN NOT IMPLEMENTED Dr. Dabees explained areas B and C need to have adequate flow areas in order to keep area A (aka the inlet) open. More than half of area C was not dredged during the last event; however, removing additional sand from area C would help to improve the system. FUNDING FOR CLAM BAY MANAGEMENT PLAN Mr. Dorrill is meeting next week with the County budget director to discuss funding the management plan and related activities. PROPOSAL TO REPLACE CULVERTS WITH BRIDGE The Committee and audience discussed their concerns and the possibility of holding a workshop with the City of Naples, but would discuss further at the board meeting in December. WATER QUALITY Mr. Hall would present the annual monitoring report at the December board meeting. 35 October 17, 2013 Clam Bay Committee Meeting Minutes BRIEF UPDATE ON BEACH RENOURISHMENT Chairman O'Brien distributed an executive summary approved by the Board of County Commissioners and motions passed by the Services Division Board. ADJOURN Mr. Cravens motioned, Mr. Levy seconded to adjourn. The Committee voted unanimously in favor, the motion was passed and meeting adjourned at 2:57 .m. Susan O'Brien, Chairman Minutes by Lisa Resnick 11/18/2013 11:25:13 AM CLAM BAY COMMITTEE MEETING MINUTES TUESDAY, OCTOBER 29, 2013 LET IT BE REMEMBERED that the Clam Bay Committee of the Pelican Bay Services Division Board met Tuesday, October 29, 2013 . at 1:00 PM at the Community Center at Pelican Bay located at 8960 Hammock Oak Drive, Naples, Florida. The following members were present: Clam Bay Committee Susan O'Brien, Chairman Joe Chicurel Tom Cravens Pelican Bay Services Division Staff W. Neil Dorrill, Administrator Kyle Lukasz, Operations Manager John Domenie Mike Levy Mary McCaughtry, Operations Analyst Lisa Resnick, Recording Secretary Moderator Tim Hall, Senior Ecologist & Principal, Turrell, Hall & Associates, Inc. Clam Bay Stakeholders/Public Speakers Pat Bush Annice Gregerson Dave Cook Linda Roth Marcia Cravens Kathy Worley AGENDA 1. Roll Call 2. Audience Comments 3. Agenda Approval 4. Approval of October 3 minutes 5. Latest Draft of Chapter 4 6. Draft on Passive Recreation 7. Funding for Clam Bay - related work 8. Proposal to replace culverts with bridge 9. Raking South Beach near Clam Pass 9.1 Canoe trail markers 10. Adjournment ROLL CALL All Committee members were present. AGENDA APPROVAL Dr. Chicurel motioned, Mr. Domenie seconded to approve the agenda as amended [9.1 add-on] The Committee voted unanimously in favor and the motion passed 37 October 29, 2013 Clam Bay Committee Meeting Minutes APPROVAL OF OCTOBER 3 MINUTES Mr. Cravens motioned, Mr. Levy seconded to approve the October 3 minutes as resented. The Committee voted unanimous) in favor and the motion passed LATEST DRAFT OF CHAPTER 4 Mr. Hall reviewed the latest draft of Chapter 4: appendices, monitoring studies, types of surveys, frequency of surveys, and optional surveys. The Committee and audience discussed at length. Mr. Hall would address comments and suggestions in the next draft document. LATEST DRAFT ON PASSIVE RECREATION The Committee and audience reviewed and commented on the latest draft on passive recreation. FUNDING FOR CLAM BAY - RELATED WORK Mr. Dorrill reported that County will provide $27,000 to complete the one -year monitoring event survey and an additional $40,000 for construction drawings for the 10 -year permit application. PROPOSAL TO REPLACE CULVERTS WITH BRIDGE Mr. Cravens motioned, Mr. Domenie seconded to recommend to the full Board that we ask our engineers to develop a short position paper on the outcome to the Clam Bay system if the culverts are replaced with a bridge. The Committee voted unanimously in favor and the motion passed. RAKING SOUTH BEACH NEAR CLAM PASS Chairman O'Brien was concerned about beach raking. CANOE TRAIL MARKERS Mr. Hall explained that the canoe trail markers posts that were installed on 32 canoe trail markers are damaged and need to be replaced at a cost of $800 - $1200 each. Mr. Hall recommended sending pilings to a lab for analysis and will prepare a proposal. ADJOURN Mr. Cravens motioned, Mr. bevy seconded to adjourn. The Committee voted unanimously in favor, the motion passed, and meeting adjourned at 3:08 p.m. Susan O'Brien, Chairman 38 Minutes by Lisa Resnick 11/18/2013 3:26:39 AM CLAM BAY COMMITTEE MEETING MINUTES TUESDAY, NOVEMBER 12, 2013 The Clam Bay Committee of the Pelican Bay Services Division met Tuesday, November 12, 2013 at 1:00 PM at the Community Center at Pelican Bay located at 8960 Hammock Oak Drive, Naples, Florida, 34108. The following members attended: Clam Bay Committee Susan O'Brien, Chairman Joe Chicurel Tom Cravens Staff Neil Dorrill, Administrator Kyle Lukasz, Operations Manager absent Also Present Lauren Gibson, Turrell, Hall & Associates John Domenie Mike Levy Mary McCaughtry, Operations Analyst Lisa Resnick, Recording Secretary Clam Bay Stakeholders /Public Speakers Marcia Cravens Linda Roth Annice Gregerson Kathy Worley Mary Johnson (submitted written comments) REVISED AGENDA 1. Roll Call 2. Audience comments 3. Agenda approval 4. Updated NRPA maps 5. Latest draft on passive recreation 6. Discussion of goals and objectives 7. Next step for Clam Bay Management Plan 8. Monitoring copper in Clam Bay 8.1 Clam Bay update for Pelican Bay Post submission (Susan O'Brien add -on) 10. Adjourn ROLL CALL All Committee members were present. AUDIENCE COMMENTS Ms. Linda Roth commented on passive recreation and signage in Clam Bay. AGENDA APPROVAL Mr. Cravens motioned, Mr. Domenie seconded to approve the agenda as amended (add 8.1 J. The Committee voted unanimously in favor and the motion passed. 39 Clam Bay Committee of the Pelican Bay Services Division Meeting Minutes November 12, 2013 UPDATED NRPA MAPS The Committee reviewed the NRPA maps. LATEST DRAFT ON PASSIVE RECREATION The Committee and audience reviewed the latest draft on passive recreation at length and consensus was to support passive recreation. DISCUSSION OF GOALS & OBJECTIVES The Committee and audience reviewed goals and objectives at length. Mr. Dorrill referred to the list of surveys and cautioned that including surveys in the plan would obligate the Services Division to do the surveys and have permitting and budgetary implications. Chairman O'Brien requested comments be submitted in writing by November 18. CLAM BAY UPDATE FOR PELICAN BAY POST SUBMISSION (ADD -ON) The Committee and audience reviewed Chairman O'Brien's Clam Bay update to submit to the Pelican Bay Post and suggested changes to review at the next Committee meeting. ADJOURN Chairman Cravens motioned, Mr. Domenie seconded to adjourn. The Committee voted unanimously in favor, passing the motion, and meeting adjourned at 3:05 PM. Sent Via E -mail oil W, lei *.?-,I i• I Bill VA F To: Neil Dorrill Administrator, Pelican Bay Services Division From: Mohamed Dabees, Ph.D., P.E. Regarding: Replacing the Seagate culverts with a bridge This memo is prepared in response to the request of Pelican Bay Services District Board to provide preliminary technical evaluation of potential effects of replacing the Seagate culverts with a bridge or larger culvert connection on the stability of Clam Pass. The proposed concept of creating a larger hydraulic connection between the Clam Bay system and the Mooring Bay system may alter the tidal prism share flowing through the two tidal inlets of Doctors Pass and Clam Pass. Reduction of flow through Clam Pass represents a concern for the stability of the inlet since Clam Pass is a small inlet and critically stable under existing flow rates. The following brief analysis is based on our understanding of the regional estuarine processes and numerical modeling of the two systems. A preliminary regional hydrodynamic model of the Clam Bay and The Moorings Bay systems was done to simulate existing conditions and a condition of an open channel connection replacing the existing culverts. The model results were compared and used as bases for this analysis. The two adjacent surface water systems of Clam Bay and Moorings Bay have significant physical differences that controls flow patterns, magnitude and phase lag of each tidal cycle propagating through the two systems. The Moorings Bay system has well defined boundaries, hardened shorelines, and a stabilized inlet with two jetties providing a fixed connection to the Gulf. This allows the water level fluctuation through each tidal cycle to propagate through a well defined bay system with water rising and falling without encountering flow through extensive shoals and or expanding lateral boundaries with heavily vegetated areas at varying water levels. Clam Bay system, on the other hand, is a natural estuary with Clam Pass providing the tidal connection to 500 acres of wetland preserve. This preserve includes several interconnected bays surrounded by extensive areas of mangrove wetlands. The mangrove forest surrounding the bay system with connecting meandering channels and relatively large flood shoals provide smaller tidal amplitude and larger phase lag than within the Moorings bay system. As a result of the different systems, the tide condition at north boundary of Venetian Bay is different than that at the other side of Seagate Drive in outer Clam Bay. The tidal range is larger and the phase lag is shorter in Venetian Bay, which the model results suggest that for a larger hydraulic connection between the two system would cause diverting part of the tidal prism of Outer Clam Bay through Venetian Bay and Doctors Pass instead of flowing through Clam Pass. The attached exhibits show model results showing comparison between existing conditions and condition with an open channel hydraulic connection between the two systems the width of the adjacent shorelines. At this time, we do not know the size of the proposed larger channel /culvert between the two system. Evaluation of a specific proposed change to the hydraulic connection, regardless of whether it is an open channel under a bridge or a culvert, between the two system is needed to quantify potential change to Clam Pass tidal prism. Please let us know if you have any questions or need additional information. 4 of os 0.4 0.2 O -02 -0./ -0.6 Calculated water levels for existing conditions at both sides of Seagate Drive WSE (m) 0.6 0.45 0.36 0.24 0.12 -0.12 -0.24 -0.36 -0.45 -0.6 The model results of water levels through a tidal cycle indicate the different conditions at north boundary of Venetian Bay than that at the other side of Seagate Drive in outer Clam Bay. The tidal range is larger and the phase lag is shorter in Venetian Bay, which the model results suggest that for a larger hydraulic connection between the two systems would cause diverting part of the tidal prism of Outer Clam Bay through Venetian Bay and Doctors Pass instead of flowing through Clam Pass. Water levels at ebb tide for existing conditions - Outter6ay- South end - Venenan6ar- North end 3 Water levels at ebb tide for conditions with connection at Seagate Drive Figure 2. Model results of water surface elevation comparison for existing conditions and conditions with connection at Seagate Drive. 3 al M!d* elvdn ba:aeon ] 11 Dku Of r 1t�trlt, f�;,,, � 1• ., �! t l r ti t l i t l WSE (m) i e�� �,� '_-•ys 0.42 0.36 ttrr x Flood tide (existing conditions) 0.24 Flood tide (With connection at 0.12 Seagate Drive) -0.12 '1— -0.24 1r . `•� -0.S6 ri! �ir1 r f -0.45 �rrrllf� ��i�r /!f �rrr /Irft 3 ''� -0.6 rrrr//rtt !I / /Jlf1l tr ///111\ t/!! tttilitl�< rl '�AVyyy Ebb tide (existing conditions) Ebb tide (With connection at Seagate Drive) Figure 3. Model results of water surface elevation and flow patterns indicating the boundaries of flow divergence between the two inlets for existing conditions and conditions with larger connection at Seagate drive. al December 3, 2013 Clam Bay Committee of the Pelican Bay Services Division 6c. Clam Bay NRPA Management Plan - Latest draft on passive recreation Page 1 of 1 Passive Recreation (Latest draft -Nov. 26) The Clam Bay system provides a variety of opportunities for passive recreation, such as walking, kayaking, canoeing, paddle boarding, swimming, fishing, and snorkeling. Many Collier County residents and visitors enjoy the natural environment of the preserve, and it is important that all who participate in passive recreational activities do no harm to the unique habitats of the flora and fauna of the Clam Bay NRPA. Both recent stakeholder input and prior reports support the use of Clam Bay for passive recreation. Clam Bay's dense forest of mangroves significantly limits walking in the preserve. Most walkers seeking to enjoy the rich natural environment of Clam Bay use the three boardwalks that cross the preserve and provide access to the beach. The southern boardwalk is open to the public and is accessed from the parking lot at the south end of the system. Pelican Bay residents use the northern and middle boardwalks. Trams are used on all three boardwalks to transport those choosing not to walk on the boardwalk to the beach. Some visitors to Clam Bay participate in nature walks led by volunteers on the nature trails in Clam Pass Park at the south end of the system. Kayaks, canoes, and paddleboards are used by those wanting to enjoy the natural setting and serenity of Clam Bay's waterways. There is a public launching area for nonmotorized vessels adjacent to the parking lot at the south end of the Clam Bay. There is also a launch area for Pelican Bay residents along the northern boardwalk. The canoe /kayak trail is clearly designated by canoe trail markers from Outer Clam Bay to Upper Clam Bay. Fishing and swimming are also popular pastimes. Fishing can be done from the boardwalks and canoes or by wading into the water. Swimming is usually confined to the beach areas, but some swimmers and waders, if conditions permit, venture into Clam Pass. The operation of motorized watercraft in Clam Bay is restricted by Collier County Ordinance 96- 16 (See page _ of the appendix) that requires vessels with motors to travel at idle speed with no wake throughout the Clam Bay system. The ordinance defines vessel as a "motor propelled and/or artificially propelled boat, sailboat, barge, aarboat or other watercraft used or capable of being used as a means of transportation of one (1) or more persons over or in the water whether propelled by wind, propeller, or forcing flow of water by propeller or impeller or otherwise." The relatively shallow waterways of the system and the heights of the boardwalks limit the size and draft of motorized watercraft. Some residents of the Seagate neighborhood immediately south of Clam Bay use motorized watercraft in Clam Bay, but they must adhere to the County ordinance. Violation of this ordinance is a civil infraction for which a fine may be levied. Occasionally motorized vessels, including personal motorized watercraft, have been reported to be in violation of this ordinance. Efforts to identify and report violations of the County ordinance will continue to insure that Clam Bay is not only a safe place for all its users, but that its unique environment is protected. In the future should any adverse effects on Clam Bay's natural resources or water quality be found to be related to motorized watercraft, additional options will be explored to minimize these adverse effects. At this time the rental of personal motorized watercraft is not being done at Clam Pass Park or at Pelican Bay. For the safety and enjoyment of all Clam Bay users as well as the health of the Clam Bay system, the goal is to make sure that no adverse impacts occur due to the use of rental equipment. December 3, 2013 Clam Bay Committee of the Pelican Bay Services Division 6c. Clam Bay NRPA Management Plan - Latest draft on passive recreation (submitted by Joe Chicurel, 12/3/2013) Page 1 011 REWORDING OF LAST SENTENCE OF "PASSIVE RECREATION" DRAFT 6c. Dec. 3, 2013 The safety and enjoyment of all Clam Bay users and the preservation of the health of the Clam Bay NRPA, with no adverse impacts due to the use of personal watercraft or rental equipment, are core goals of the Clam Bay NRPA Management Plan. December 3, 2013 Clam Bay Committee of the Pelican Bay Services Division 7. Article for Pelican Bay Post Page 1 of 1 Clam Bay Update by the Clam Bay Committee (for submission for early January PB Post) Clam Pass The six -month post dredging report following the opening of Clam Pass in late March, 2013, is being completed by Humiston and Moore engineers. The three -month report was completed in September, 2013, and indicated that Clam Pass seemed "relatively stable after the initial post construction adjustments" and that the channel entrance "is dynamic in nature and seems to shift within the ebb shoal delta in response to seasonal wave climate and tidal conditions." Because the Pass is vulnerable to ever changing local weather conditions, it is being monitored very closely. A one -year post dredging report will also be completed. The three -month report is available at PelicanBayServicesDivison.net. Clam Bay Management Plan The Pelican Bay Service Division's Clam Bay Committee is overseeing the development of an updated Clam Bay Management Plan. Last spring about 35 area stakeholders were asked to participate in establishing appropriate goals and objectives for the management plan. Among the major goals identified were the following: • provide sufficient tidal exchange to maximize benefits to the Clam Bay NRPA while minimizing negative environmental impacts. • maintain and protect the native floral and faunal communities. • manage and improve water quality. • protect the integrity of known archaeological sites with the system. • address recreational uses with emphasis on passive recreation. • improve public awareness and involvement. The committee's goal is to complete the management plan in the next several months when it would be submitted to the PBSD Board and the Board of County Commissioners for their approval. The management plan would be submitted along with an application for a ten -year dredging permit to dredge Clam Pass when needed for the health of the Clam Bay system. Copies of the latest draft of the management plan are available at PelicanBayServicesDivision.net. Members of the Clam Bay Committee are Joe Chicurel, Tom Cravens, John Domeme, Mike Levy, and Susan O'Brien., Chairperson. Tim Hall of Turrell, Hall and Associates serves as the consultant. EXECUTION VERSION ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT (this "Assignment ") is made as of the 3rd day of October, 2013, by and between LEHILL PARTNERS, L.L.C., a Delaware limited liability company ( "Assi or'), and NWNG LLC, a Delaware limited liability company ( "Assi ") and acknowledged and agreed to by Collier County, a political subdivision of the State of Florida ( "Lessor'). RECITALS A. Assignor is the lessee under that certain Lease Agreement dated October 23, 2007 (the "Lease ") made by and between Lessor, as lessor, and Assignor, as lessee, a copy of which Lease is attached hereto as Exhibit "A ". B. Concurrently with this Assignment, Assignor is selling to Assignee and Assignee is purchasing from Assignor that real property and related improvements, fixtures and personal property commonly known as the Waldorf Astoria Naples and. located at 475 Seagate Drive, Naples, FL 34103 (the "Hotel "). C. In connection with the purchase and sale of the Hotel, Assignor desires to assign and transfer to Assignee, and Assignee desires to assume, all of Assignor's right, title, interest, duties and obligations under the Lease (to the extent such rights, duties and obligations first arise or accrue on or after the date hereof). NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sum of TEN and No /100 Dollars ($10.00) paid by each of the parties to the other, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, Assignee and Lessor hereby agree as follows: TERMS 1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated by reference and made a part of this Assignment. 2. Assignment. Assignor hereby assigns to Assignee all of Assignor's right, title, interest, duties and obligations under the Lease. 3. Assumption. From and after the date hereof, Assignee hereby assumes all of Assignor's right, title, interest, duties and obligations under the Lease, and agrees that Assignee shall perform and observe all of the terms, covenants, and conditions of the Lease to be performed by the lessee thereunder, all with full force and effect as if Assignee was the original lessee tender the Lease. #3091251 v3 41166 -0001 Assignment and Assumption of Leese Beach Agmment.Revised N 4. Consent of Lessor. Lessor hereby consents to this Assignment, provided that this consent shall not constitute a waiver of the obligation of lessee (i.e. Assignee) under the Lease to obtain the Lessor's consent to a subsequent assignment, sublease or other transfer under the Lease which requires Lessor's consent pursuant to the terms of the Lease, all in accordance with the terms and provisions of the Lease. As of the date hereof, Lessor, Assignor and Assignee each certifies to the other that it is not aware of any existing defaults under the Lease. 5. Execution. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 6. Miscellaneous. This Assignment shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. 7. Governina Law. This Assignment shall be construed and enforced in accordance with the laws of the State of Florida. Signatures appear on following page. #30912910 41166-0001 Assignment and Assumption of Lease Beach Agroement.Revised K 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. Witness: i �//I./s /Jl , ASSIGNOR: LEHILL PARTNERS, L.L.C., a Delaware limited liabili7-;// By: Anthony W. Beovich Vice President SIGNATURES CONTINUED ON FOLLOWING PAGE. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. N Print Name Print Name ASSIGNEE: NWNG LLC, a Delaware limited liability company By: SIGNATURES CONTINUED ON FOLLOWING PAGE. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. #3091291 v3 411660001 Assignment and Assumption of Tease Beach Agmement.Revised 4 Acknowledged and agreed to by: ATTEST: DWIGHT E. BROCK, Clerk LESSOR: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legality: Jennifer A. 1pedio Assistaht-Cou. ty Attorney 113091291 v3 41166.0001 Assignment and Assumption of Lease Beach Agreement.Revised S �J 'COtNtY AS XXSSOR Exhibit unit I.rase TMS •L• ME AtTREEtsW21'l' entered into this AZ day of 104••4++'l'3007, bet%= i eliill P mnra LLC, whosqrrjiifp$- erldr= 11 475 seasmo o4ve, Naples PL 34103, hm- 4=f6errtt'=0 to as %WELt ", and COLLUR C.'01MV, s political subdivision of the Stara of Ptari&, whose msiii ng uddri:ss is $301 Last Tainkmi 'I!rA Naples, FlorWa34112 ,harhmAerrefened ton '7.,BSS W. Wl'114PSSBTE THE PARTMS AGM AS FOLLOWS: atRME 1, Derrd-VV Pr LESSOR hereby lase; to L and LB59Tiid hereby leases ftv= I,ESSESR the property 4 n Imi fn Mtbit OR OR (iaaated at Cimn Pass Fork) which is, atmobed. bamo avid made s pert of this Lc me, hcrcimfter called ate °Dertdwd thwises situated fn Collier t3oea . Ffarids, fir lbo following pupm (a): ._. _ _. _.._ .AA�LitZ- •r%�rna.Ur.Lease __,. - . _.• . -. _._ — -- .�. ..., ' ._.. ..._ ... ....� °. _ — .. ... ... .., • �. eaii have and#takl the Demised ptettatsa for a kcstn of tess(tt}} yrar(s}, corntiacncirtg Oar Zt}07 az d d; 20 #7. TMSM fs q=Icd rise optlan, provided it iatwt than in dafmh of M of ttta pmvi8ions of Ojis,Lease, to remw Same for two ref Uanai um of.ftve (S) yc=(3) arch, wider die same term ad oondidws, as provided b>sssirt. except as to the rental amount, as provided Win, b� deii"vering_vnitt='no6ae of LMSHMI tmoondidonal intenaatt to do to to rho LES= not Leas tbna thirty (30) daya prior to tb,o expfratinn of the Inseftold estate bareby casrRlQ.d., Said notice shall be off'eeflve upon actual reoeipt by tine County. Lt' OF. howaver, reserves the tight,tu terminate this Lcturc, with ni witbmd cauro, Wpm sixty (60) dap Prier wrium tsotioc of mmb t=rdutlion to L'8. EE at tho sddras Be fortis is Aii1'!':CL13 13 of this Lease. Said motif~ sitaIl be eiirotive upon actual receipt by l.):i8M Should LESSOR exerriso ibc af'orarn e i apt* to. zorl mate ' tlsis IYASE,.t.ESMR abali teimburze LUSH fortESSU's capital mpeadburei set forth in t6iiU= 4 t►oaording iu iht: following soltodula: If said tetmdastiva estate during tfs�frrat trvcit►c (12) ttvaatbs of the I•dsASE LESSOR sitsli • rC$r1t?= L&SM all monies V=4 due, owed, or,*mM!dtted, whether' invoiced ar=t, through lls8 effotrae dgie of .rho wmiw%tion. ff said e=initton octant; dcrbv the thir"chth (13*) throUo ibe tw=ty- fbmth.(Z4°) month of the ' LIAR; LAB it all ze mbursc Ll?88EB nifty (50%) percenvofallnitmies spent, due, owed or wrtunitted, whether invoiaed or no( through rim effective datc•of ft temdnntitm. Should LF5S0R terminate rfstt LEASE at anytime in the t rite -5ttts (?5 ) ts�oath ar ti aitrs, die LESSf?li. ahall itnvcno s etmbursemrst obligapon to the € ESSEE- 1'n addition, LPSM oovenaata and uptw not to rise; occupy, duMe or pecnilt amen DaniGed Premtsw or my pert thereof Lobe used or ammied for'any pu meac brat is coslupy to Idw or rules or. itplartions -of any public =&ority l aces jt4diction ttvtx• the Lomd 8reniisaa. AM= $� LESSOR ttSsees to t4ase the 13MISod Pzo» r iw to the LESSEE whhoulcost to tine L>?S M LP.RM s' zU &y ull costs assnaiatvd with Ute Dtmtsed Premises imUkling and not limited to, in-d arial 3&,4= avid any meal aE utility charges. Utility charges shell include xnd not be iiinitcd to electricity, tight, air 4t7atditionM& power, water, arwer and telcphm ac � can+attsmiruGan etrvicee, used, rawicred cr "tied ibr�on car3n txrsmoctioat vifth Hie Damiscd'Pru tJts . (A) Ttw Lesaoa "I. at ft erpetsso, but cut to exceed two- hundred ffiU t3sud dollars MA 000) ftsad capital imrover=ts of the canomion ftclittics. 'Fite Leotee sfsxll obtain $ny and all petsnftx iatc nary for the grpction at its; salt: cost and expense, Lcwec shall designs the plamu fitr tTte t RPNIl impravemctns urtd 40x31t aame to Moo= of Perks for apprvrnl, tmd said approwl shall riot be tmreaaanably witttbeld, Sc* article 5. (Iij Leascc shall operate s u= service consisting of a nunaw of•elaudo —power vdtie1q, with appropriate scaling for beach gomi. betwem the'pwblic ppidog area, Me Naplaa Grande Resort sad the Shit FoIlitim A minimum oC two (2) trams &mll be opcmated at aB farce from May l 1hrousli Wobaz 31, WA a mituoitttn of three (3) trains abili be operated at all tines form Navatabtr 1 through April 30. In no txae (nxrmpt fez un&rmm mtsd=d:itl'feltww) .shall the time between available trUW at the erotic paridge am cxveed ffftem (15) •tttimstos. Mw trams will be operated during perms when the Fatk is opus and sltaii bts of suI&iaat ntstalrer to provide eouvoni=t. transportation fbr tha pu8iio end hotel gttesU, 2U 5W paint of psmager pick trlr altzll attrmett between the hotel =d rite public parking auras. In addition, wben the 20 bottzdwallc is eauesruaot:d the fiord'will prwAde tom service on this boadwalk wick the setae ser-vice ictrala ea the axigizW boardwalk The Lasso ahotl have no rwpowibility or obligation writh regard to the construod4 opezadw.., and maim=*ncc of ttlny.SvbW qu=t b=dwaTk beyond what 4zAts as of the 01r'ec'tivc date herein. The tram drivers snail be uniformed nearly and cleanly id Uatib m provided byte Lessee. 7be tram drivers aht►Il wear iri64titt UFRu ed by the Director of Path aird R&=tioa ldenhft irng them us ir{rreaeatstiVes ofitto C01licr�C0=1y Pants and Reareadon DVartment. ( 1he Lessee shall be rospaailblc to Imr, pumbasa, maintain, tskaa, clrazgo ans#•savica tlra fsarns as requimd sad aubjcot to the Cotmty'a rxeomrttessslatioW. (D) Bush= afLrasee may conduct rite folloWi' karda of bushels and Mvido the following sere ices:• . 1. Food and 13et=S* :robes. irk: Male .of Good and bentages from poruuneat daegaatad • locat{ans ar t>sobila ptrshasrts in e,xtnz�[t¢st:c with•tirt: t�raviafon9 ofthls 4yrectacttt: 2. Alcohob ,ilea will tc ymmi*d on the inside aeatai area mxd the outside deck area sad will not be permittcd cn.#te beach =pt for private patty averts as porauitted'in Article 16 herein, sort aald averts shall be ue Weted t6 ocourtiaS ia'tbsr aza hounded by the mhngnaves •ors the out to the water.lars ad the wmt W from � marth= beach ayy rm*C ft*Gtft the *M,, sivadcdcandthtlssaeh andproaruliaAona titovsanzl %olnor`dt . Sec Article its !twin, Lesaoa shall rittnit 1:2% of ;ws ralur of all akoholia'btvxmgra, 1=114rtg pxivatt ptaY o , wig be paid directly to CbllicrCottyParks tmdltecraativa DePUbnent each =nth with a state mm showing XrtasaE sales far the period and *41 be r=eived widtout at►yf tdXC3 6r— Payment; will be due by the 2011'cfthe fallowing•month.; any pay Tent received Iota =y beaubjwA to a $100 per• day chargit, 3. Beach' FDipmcnt P=tals emd Sacs. Tfrc rcmtal by hoazibelr d aylf a day of beach equipment such w chairs, cabanas, tower umbrellas, raft, or athor ;quigt =t arxi Iftotation devices and the sale of belch amdrics is =m dw= with the provisibnx of tUs AVMrd=L Kaysic and C=;n rent4la W Collier County Resider& showfag proof' of zesidrmcy will be charged $24.0t7 fpr• 3 z onrst Nlf day) or 350 .00 far 6 hours (full day). - 4. W'ster F.e x&fional fquiVr�at ww. ho-rental or Itase of special'recrcatiaaal equipment an the -beach Includitrg, but rot lit-iW .to,: ruffboarcb, wiudseiiers, catamarans, is s =ord=v with'tha prevfadaas of thix Agrc=Mt. Amy apecist recreational equtptacmt or activity to bC Xmotcd, rented or sold by tree Lemoe is subject to l tom's ability to eoquim Ole reT*cd insururrcu:'aad tlud agpraval Of rho Dftro r of Parks and Reaestioo, felJ appsroval SW not unreaao=bly bo'vrithheld. 'Fite Lemea meat hive a motaxized chase boat or let ski, in Sood running caodidi n drunrg all low$ of op,;ration which meets all U.S, Coast Guard Way rcquire cM% ' 5. The t'.oae,raabz AVai=t tarry tie "tsmorsdeil to audt Ora the Lt woo to mgmad the atevima . provided, ART= $. ivloditicatians •to f3etrii_sr Promi, W Prior to maMnZ. =Y chtrtrgcai, atteiadoau, additfoa or improvernmis to lint Dmnisad fte+mism, U-MM must Provide to USSOR all pmposals md' piano for slterations, inTmv emcrtts, ch&r4rA or additions to the Demiscd Premiss for LESSORS ,writ m Vproyal, jy4gi*tq; izr WAting and In meaninSfirt dMmtUw nature and cxteat of tis; dashed. aitxot m immvament; chin$c, or a"ition, altmg with the contemplated dta !hg md compiatiott'tiate for serail pmjztt. LMSOY or its destjgnee will an hw buty (60) days within wbfoh to aprpro'rc or day in writing Said nVcst for change:,, iarp=emeftts, alterations or xdditiou. IESSM shall not unrt ontbly wiWWJd its conscr i to rcg4izr1 or ttpprupziuW altettations improvernents, changes or addidoas pmposed by LESSEE_ Ifsilrraixty (a) days tbae, has h4M tea rte -Pont o from LESSOR or its dtnatgrtee to vaidproposels or plans, then such silame shall be deemM as a DENIAL to such m west to LFSSF,�.. 3.L•SSRfs covenants and agmea iet conntt 9wo wltb i[q maintanwxM repair work, croction . construction, impmvernent, addition• cr ailestttion of ally Mthorhmd rModifroatics, additietta or imprvvg to thn Demised Pramual, td &4MM stud ' eamply 4th all then and future applicable IoW 4 ordirmce, ruler, regutations, tmtl raquriemnb of the Unhod Sates of Anil lieu, Stara of k'ltxW County of Chiller, +cad ray and all oth'sr Sovertffi=ud asmoies; however nothing contained herein 4W be conMed as rite LESSI7; eovenarg erg or vrastartting t34e 4vosk of Urd•party cmt actors retained to dot any of ilta ufomm=9vuad wrens. All altxrationtt, itttprovetnemts and additions to sMd.UeiWsed P=nc ilea aball at onat, wI= made or iaatelle d, be deemed as attached to the ittehoId and to have hocome property ofL1ESSM ARTICLE 6. ��� fa Tk�ri,SedPrta4iats IES50'R, fts duly authosixod q mts, ropmentttdves and employees, vhali have the right suer mmoaable oral r,o*c to LHSSEI?,, to ender inW and upon. llte DcML"d Premises or aay !.tart dttet'eof at all xansom0le hoar for the purpuso ofexaminrrg and for the purposes offMpae6n for6nTliamce with presvisiom of ihis I=w Agroero at. ARTIC:LF, 7. AnigDmerit and ,sbl LESSEE sltall not assign this Ltxaise or set mpt tus•aublet tiro whole or huy part of the Demigod Premises, of permit any Ot Mi poraon(s) to owupy same Without lha wTmsed prior 4srfa= Mane t of I-RSSOR except to the tt%tila I:L55EB hxa the rrxprssa tigfsi to assign this qmemcnt ro sa ey vlEcl rcgtiresLs3Ea 3aortit y ih tlx:ddsoinifig hotel, ani acid ClVity rtPr3' aem tct'aastane LWHS's intttcts and obligadohs in'titla In oonsideration .of Tart Dollars .(Stt),p0), the receipt sad -su fichmay of wfiioh is -h=by: ao1cmwledgod, LTi,S.STE shall indemnify, defend and hold hmmslen LEMOX, ita agmb and employees from and-against any and all liability (tastrstory ar otharwiao }, tiaara�as, cialms, sulfa, dzmanda, judts, costs, iatrssat oral axpmaas WOW' S but sar limited m ataxrteye fcca and dkburaetttent+ both at trial and all sppaliata levels) cueing, directly or ifs t i from any injury to, or death e. my peraart e¢• persona or damager m•pmpmtY {maluding lose of uaO thereof) aleEed to. (A) LESSEE'S use oftha l3emised'Ptomiaea, (B) eiy work or Wng'whatwavor dene,.or my'condidon created (ot�• than by LESSOR. its cmPlayaea, agearts or roatnwsarn) by or an behalf of USSB€i in or shout the Demised Premises, mw condition DE t16 Dwniasci•Pmnian due tv or raking fr= say ddtuh by LESSER In the pesfaramnm of LESSM obligations und= tbia Ltaso or othawisc, or (D) any art, omission or aeglt=c of LEMBE3 cc itsagents, touttaetom mnployaea� satbierraats, licensers or invitees. Tn ease arty *odor to ymmedik& is brought ctgainut LES8i1R b'y reason• of say one ar more themot L&S58E stool pay all ooaa; attarnays' fet:,a, expens# atl4 iiabilitic* resulting themirom an,d aball defend snoh action cr proceeding if LESSOR shall -w t+egtieat, at LESMS expense, by otxrrtsel rcasm Ely sniaptctory to LESSOR. LESSOR almll bo lwdr.fur y 1my or damsp Iv gmou ar prvpc�riy vmmd by the oiem=t,s, or from the street or oub-s r o% froth their agents, or ftom auy other piece, or for any urrrmonsbia interf•amm c ul�xl by operations by or for a gavemm=&1 authority in cc=uc;dm of any public or quasi - public works or n6erwiso LESSOR aW net.ba liiblc far may damages to, or loss *& inaluding tuns doe to petty fhet any ptaprrry; oemArrIeS oa tbtr Dcmiscd 1?r=isesroranyyart f=04 arA the LEME agrrxs m hold tho -LEMR hmulas fmm any clW= for dninagct, DKOW NAM snch damage or isjtuy is else result of ft negligmua or misconduct of tire' LESSOR or Its emplaymL AMCLE 0, ka=c4 • LESSEE shall provide and rmz~rutlain general liability. aid pmpury 11ability i'nscnance poltcy(ies), approved in writing by the Collier County Frisk ManaS==1 Depa ==t 1. 14 wvarrrt hmurx=Roquitvnaeutst RhikMe mgrtaaw in no stay taepzem= that the insurance required is :MT4dent nr adequate to protect ft vendor's Intomtor liabilities; but art rntwly minirnsuna. P. - YdVJ=s' Comp eation -The verU9ar shall mhku n in force for to duratiom of1h1%aontract zmwrasy workcml compensation bene?its'as defied by 7S 4Att encompassimg all operations cdnlcxupintcd by this contract or agmernmt to apply tp all cmgloyem miuiilesa of the number of employoea• Owners, partners and or Mamie ofReaa may be exempted per State Lay. EuyiOysas' liability win hays minim= Gmita oft SI OO,OOb gex zQ66at $500,000 disease limit S I00.0 ?0 cif a limit per employez b. iwammercial Ganersl i tsbdity -Tire vmdork4l xnxin4dn is f=v for the duratica of this eotcrrarx cotronercial general liability. Coverage sbsU apply to prernises artdlor lorermtiom, puvdWW =d?vr t;or*zted operadoM independeut otyfltrdotM, costtt•4vWs1'liabillty ogwures with rainft tm Ri tai of; S t,a0iy,000 bodily injuries per percon gT �i,000,0E}Q bods�xinjarxpertn.•cuneacu (81). 35QO,OOOPY �8t ) �' . Sl,t)IIO,tlfi0 aombtnad ebtgte titnit (cs1G) of Bc amt PD . o, Ligraor Liahiiiiy - The vCAdOr ZtlfaR t1TU>rttailt is fora tar the druation of dais t:antract Ligiwr Liability with minimum liirits of: 51,000,000 combined singla lint (CSL) ofB1and PD. 21 Varlsttation of Cov=za: a•, • ilea (10) days prior to-the' cotrvmeneer of any work under ibis contract a certificate of inxurance.wlll be plovi4d to lire Risk 1lfinxger for reviesvand approval. The ocrtificata aball provido fur the fbilowing: ' b. :"Collier Catuay, its agehts,.eniployeex; and public of idais" will be named as au "Adtrt(onal T'nwred" on the £Gaol Liabilitypolicp and Liquor Liability; C Collier Conrad+ wiR bo jim WM. (30) days nolke prior to zvaccliaiion or modification of-any stvwated - instirahm Such noiification will Im iti vn itht$ tyrr�ist nutil, morn xeceipt zagveated and eddresszd to the Callicit County Risk Mwm&*m-M Deptmeni: (3301 Tatriami-Tral Bast, Banding D, •Naples, FL S411.2). 3, Ail insurance policies iequiicd,0 0 be issued'and writisri with a company or cvatp<anies aaf8orima to er$av in the business-af geuctul liability insurance in the State of Florida and auihor[zad to du busiucsa under the laws of the Slate af.Finrida, with the following guati5w1ont as to managamaif xnd ftwiaizl sttcnyth: The Cow;uny n= be' mid•na less than "A" as to fmaucial rating in accordance with the•iaicat edition of Best's Rey Waiting Gunk published by AM Besi Cw4=y, Inc. 4. . The. Naples Grande general onnimatur shall delivery to the Co=ry uas%ty insurance• certifiidain of tmupnce pdor to the cmMuction of the •bhipanded Facli hirm which cc tiFicnte skill oicady Indicate and cvideace auoh paid iqi inn=ce and that said Swerai oonraotar has ohtatitrt:d fnsumc t hi a type, amount and classi&atfon as roquirad for strict eomplisfte with this Agreement The said general oontra,otor shall agave to MAC no changes or tr collation of the insurance without.thirty (30)•day3 prior writ noiiae to tise•Coanty, The said gcn=I canuaatar stroll asa=*duit Lire insurance coverage provided shall: require the company or canvan£es writing awh insuranco policy Shell provide to the Cou* written =W;D of caucolfaiion e&iy (30) days prior to any swh proposed canoeliadoll. Tho County nmerv% the right W reasonably amend ttte hom=e rcquirementi by hmance adjwtlee in writing to the general aantracter. Said, insurance shall tint exeeed that requited by tlic CQ=ty for simil.a prvjecta. Upon receipt of such notice, the General Contractor shall hrre thirty (30) days in which to obtain Inch addid%W insurarica. County ResponstNUtiea: (1) 'T~he Co=ty shag nialifta thc.asmt 3diids of iw== with the came )aids of cnvexaga on County -awned Facilities pro vided for is this Agrcemtmt as the County nmiaz* on all orher County -awned real and personal property. (2) Tn the e4cut Unit rho County doe* not twintaiit such irwureaec on ull Catcoty -oxuod personal and roil property and futids an not ntvaihblc (lx rgsair or replacement of Facilities provided for hereto, nothing mmtainad . In this Agreevwm shall be =stsxd as imposing on the Catt ay tb* obii&rtiou to repair or replace the Cowityowned Fadlitlea provided herain,•Should Cie Pmraiaom, during the Tana of this Apmitxcal, thm become fiwperable or if any iaguirva upmuting Painit bo revoked as 6 relit of any fxj4irc of County to rtgair or rup we a�, County -owned Vacilitie% Lessee aitall lrave the option, with the prior written appravAl of the Dire ft r of Parka and Raarea� of proWding such repair or replw meat at its own expense and to seals to obtain reimburseracnt from [;otuoty *r all costs thereby iacmred. A1t13C1.ii Ia. X11 LES= shalL at its solo cant and expense, knp tlx Demised Fremiset claao at M tunes. If wridd Detaiod. pwnissa am not ktV view in this roxioaable opinion ofUSSOP, LESSEE will be so advised in writdn;, if corrective ecd'o t is not t*on within maty (20) d#,}6 of the tc •ipt of such notice, L>:;MR may Muse the same to ba cl=d and emmated and T FSSUB ihali ssaume and pag all welt naxxsaty rettsmmable ok=ng costs, and suck costs :ball corrstttuta ADDIT')' ML $TNT• whcb abaft be, paid by USSEB within ten (10) days of receipt of written native of oosh ]n urrtdby LMSOR. LESSEE, at its role salt; Shan repair ill damage to the Demised premises rained by IMSEE, its crrrgloyccv, ago %indgcadau wntractora, guests, invitees, lie==. or patrons, LEMSi _ at its sole cost, strap rwrstovo ftm the Dtxnlsed premises in aaoarda= with RD appi(eebla rules, laws and regulations. an solid, Ifcluld, emoimlid, and gaseous trash and waste and refuse of any mature whaisaom velich accuraulatcs or uric from LESMS uac of the Demised Premises. Such trash, waste and refuse shs11 bo atorod in closed cantaistecs appwvcd by the LMSMt. AR•tiCLE 11. D ault �*1 Failure of LEME to ready any non- cotupllanw of rhis Leine within ranery (90) days fwm rrx4t of IMSOR'S writUm =tire stuting tlia noti- cumplizaac Wain constitute a d4utt, whereby LESSOR may, st itc option, tsaminate fhls Lust by ,giving LESSEE, thirty (30) days written nonce unless the; default is Rt1ly lured witless that thirty (34) rlxy notice period (or such additional time as is ressonably requdrod to moot such dafxult), However, the ocatureime. of any of dw hallowing amts shell mudtuto a default try LESSEE, acrd this T =so my be fa=odisldly tenpinated by LESSOR except to the extent than prohtbiied by law; • (a) Abamdamment oMenzised Premises or discontimuatian of I ESUM operation; (b). MutaiW antantitsbsl folaificstidrr off MS;R orria again ofLF.SSIM oF'any tepM icgrm'e3 to be furcbhcd toLE MR pwmaul, to t w termer of Us Luse. • (C }' Ftliri� 4f iGSO1�CllAji, PEar�:I7fizstiOn,iTlatt OE'•a1'rdilgemCnt of Furi�rupEay. (d) Adjudication as bsnlmtpt_ (a) Making of a general assigtsmcns: ai'tltatsertctit of rx�lilars, • (tj • tf L UZE auEtkrs this Lease tc ire W= uncle' any wit of ==lion. In the event of •the occr -trt MI, Of any of the fareFing dtethults in this ARTICLT310, =LESMR, in addttian to any, onset tfghts end remedies it-may havrr, Ass havo the 4 nzediato A& to rater and niuorre all pmnrx and property:rram t1c Demised Frenslsm such prop any way be removed and stared-in a public warehoswe or c1sewhera at the cost of end far the awount of LIISSZS, all willwut corvine of notice or resort to leVT inmew acid without bang deemed guilty of tr"'Pms, orbeing liable for any Tara or dsaswgc which may be occaNkma T tbe*y. LESSOa may at i" option terminate this €.ass efts rcoeipt by LESSEE of dotty (30) days notice in wi•itiag ii s lien is Mod ugainsl the leasahnld inbmest of the LUSF,E and is xiot satisfied, bonded -off, ar 1=16ed within ,sixty (60) days pursuant so the Flvrldz Mchados Lim Law or odwnviay. ARiTC I X 12. Default by LF rOIt LPSSOR•siraii in no evcat U charged w6 titdefautt lit ilttlrurfbnaa= ofmW of its obligations Immmtdes rasiess and unhI LBMSOR shall have Wed to peafuna suds a hpdg ns within tbatty•(30) drys (or such addition@ time sa is reasoxAlyregaired w conecl such dcktuh) aftir wrblea noece•to LESSOR by 125SME propesly'trad in meaningful dotaila ttpmifying wb=in LEMR has Mod to perform any such obiiptfon(s). AR17CLS 13. FACT MES C)} Mda Agreement absA control in the event of er;y diner cwfliot witli dw Bmh Access FacMtirs Agreemcat date November 11, IM, as ionendrA'fhe Countyowira ft perking lot, lira gtatc wwc, tbe,Boardsvalic,- a t the Beach Facilities Tlz tou ay shell opizawand maintain, atft s coat, tits parking lot, the gslolluuso,,xhd•tbr, boardwalk, andany fuwm f tor7itibs, and slsail bcsoabtossatbic for taperers, simntt anae and cslsitaT iaspravorrtraxta at the Beach ra, itics: Tire Lem aba11 provide daily citaanlrig and upkoo at the Beach Facilities, The Ceranty shaif 1AWb$6 and collect all fens end etrarges for use of all facilities owned and opMraW by tit County. (kA) : 'The Take, at its own eacpgL% rq provkk a eraad or othtr facility bctidtr or underneath the done • wallwvurttcar rho $aschside F'aciii[iea fmmwfsiotrto rentrs�nationai•equipssteat tc the users of ClantPsao- Park , (CD 'ihe.Tt ee is authorized to provide: ruwtblts uarbsalla puahcarts for the sale of fwd end =- alcvlrohr, btvamgw subject to the'restriutinm of SeotlorL# 3,19 and 20, iAwt ARTTC€.E 14, MODIFICA710M TO STRUC f'i MS AND L FROVEMENTS. Tkrt Lcnec acMts the fnoilitios and areas provided irs this Agreement in tboirpxcpant condition, as modified pursuant tai Section Z(R) above,- and is responsible for 411 interinr modt&Oorus and mnrntcnx=,.rncludWg entwee d,00rit, windows and owtens..lixcept am provided ib Seador s 2(A)Above; tit* Lusm aholl obtain the Cou Vd prior wi i4en tit for my Aeration, Widow, or fatpmve=hts.to straoiw•at.facllidoa and thin pay and be Iirrbla for such modwcatiotts,'wlrich become County assets• upon coraglGion; said consent sbalt, not be =,easonabty withheld. DeWcd plans for wy au6slaxrtissl improvcma zis shall be submitted t o the County for aplrxayal. The 1. mt,=. ahsp provide, install and maintain, at its avm oast and a%ponso, all cquWmcat required to opmte Me camssion, b= Abell.havc else ri,giu, upon epprtiM by the Dttutor of Pivim ant! Reoreataion, to uo-v the County equipmmvn fundshinA and fixtweg that may present y exiat on dy.11remiza. ARTMU 13, MAII=ANC R. The County Barees to provide rise wsigaed facilities in their aotsdit ^ as modifiaxt pursuant to Siedons 2(A), and to puffittss necessary ftaior mmium smoe on the facilities assisaed to tin Les= ss wrll as to maintain d w below V=d level connection Utica for per nanaut water and sewer utilities. Exterior msisttcuaaoe vf•the tam'lities dm not include daily removal of litter of iha public areas of tht: Premises, such mwval bdV tht reaporia lity oithe € oo me. ARTME 16. SP=AI,. PVENMS. used 4utiag and after opt:mUng bouts as Autw described belaw, (A ) ThC T gsee sh dl Nava the racprcas right to hold ark moro thaw hmwW s6L (26) private ev=ts per ' calendar year such as barbeq av xad.tWlw El=dow at the !Remised prom leas, v ui l a'a MM srsn. M All each pripsta events shall corrrpWa a Rental Perlin A'g=aw tfarm eqd pay attsrtgo fee, in the amount of tyro - hoods! ($300,011) dollars par how to Codify for lim = of the Premises, This wags fee shall be suT*L to rnod&atioir upon tatttvel agrumt at between the County and Liewoe, (i3) All $maps holding speofai'privam ovcttts atft D=Jaad Prentis_t and desiring to providetram tra tspdrtation ehall�be rquhd to aso Ltasco's isms, which shall boopeoW ooiy be swlkarined•i woo employew. =xd such z=pa tW not be gamktvd io pwvldc tklr mm tsam or other =Wx4ed iraaspnrtadon to and from the Premiers, Mamhcrs of grauprnat using treat tweponattch shall ba €bla to wtrIk $arty % and 21t1ttt the Detulsed . Psarais� on fire i�waQc, • . (Q All groups than reta6t tits 3 tocai then orrent at the E} tisedPsutniaes. (D) No group !folding a rariysr ovcat iW1 be pcamiticd to provide diuuptive snapMad inwiu or btael•drum beads.• -All groups shall be stt�eat to all County nolw ord6reet and shall be responsibia to eitm fall compliance tlt�vrith. - - . tE) Private 13vcts ",be described as aMw sponsorbd titer of contracted wait Naples G ade. Tit* Lvs-we sball be parra" to vgve alwhol uuprivew aucata read the prooaeds of sud sales shah bksubject to a six (b%) percent ,gross revenue A= formula as otherwim act fortis in rl ;lc 4, Section Ls, P=g Vh 2. A.R17CLE I �. US5 OF ME BE,+4CH. IS PRlMAR- : -Ua Sark is for the use of tbo public far texxeatiarr and other public pl*osm sari the L,essWs-g0vity sitall_not infringe upon teo publiem right to sub urss, euljoct to only Ardc la 15 above Ttte ioonlian of arty equipment, castor any other materials ofthe L.eswe arc subject to gpprvw of : the Packs & Rccraatioa Deportment, . Hmv=M thin does not preclude the Ley "*. upon abtsiaing poor writ= amoval of the Dkoctas o£Pasirs rurditeiaeatiott, from ached Xmg promatkmd oveats,1Qucr1S events Which might temporarily limit.dc cen to rite Z?nerrtises, or any portion thereof. ARTICU 1S. COUNTY CQic1MLS BEACR Nothing in this Agm=bnt will preclude the C unty from using the public, arses of the beach forpoblic and/or civia imposes as deemod wcessary; howam,,these cm oP the bevel wAy not be closed to other pubfto use der lag nororal hours of operation, ' AMUME 19.: SERY ICHS AND DU TIM, '111 Lame agree time the opesatlw and Maintenance of the Peak and tSOmt=Kon stands) is to be hmdled by treioed penotu►al, with emphasis on safety and mainreiniq the Bewhside 1'aclikiee and Rmnclhurely ad}aoaot boxab m s, tim rind orderly fi zWom This Leum hercby'agrow to pwfo=-the following dntiw: (A) Maktaia tbo batbroom facilities in it clam cud w9tsuy aand!Om at 4 times. (B) Qwalit'y custauters mid stye i +cttona cm the Upomdon orthe aarians rmw cquipmmt, (C) Clverw flea Senora] we of the Bowdwsltr, Beachside Fawlities, and tho immodiaWy adjauast; boacir, and "I roporr all mtause, damage and vlotatM a to theauthoreties attd notify the Dircowr of Patio sad recreation as vppmp&w. • Not*! heroin "be construed or interpreted as imposing any obligation or duty oa fire %eases far tiro public's safety in their use of the ocean. (0) Furnish all soap apd other consumablo supplies %r the matmat facilities. (P,) Collect, bag and pldca die g at age k waUdam, rtucl have the containers removed from the Pranim. (F) Remote trash dally and provide fitter pickup, for all uasft and debris not is ,wateiners *r the io=cdlsWy adjaccat bwb, Do�Itside FeaWes, BwdwWk, and surrounding arms, excluding the County Public PsrkurgAma. ' (G) (id). (1-1). (Rosrsved). {1j Clpdvi and close rite ParTi soaardutg to SelabJielted Park hDttrs. (x) Clmo up debds/trWi !Ford the satin bwch area in sad erannd Lira demised area AS•TICL£ 20. COUNTY PUPLIC PARTt DM AREA. Any,melntauam or supervlaion of the Cowiy Public harhingArea rha11 be the sole• responsibility of Comrty, T oo shall haVA fro duties whatsoevct with roved -to the County Public punkin& Aron, lord a1lH laour no axponee or IkNihy with respect tharrew. 71ze Lessw will came that av empkryees will park cars in the public lot ducmmg their• wmkiag hours, cinema pr+eviowly apptovod in wtitirlg bythlc Dimtor of Parks and Roatcation, ' Ai=-i3 21. NO DiSCRII MiATION.• Ilia Lzko w= *At•thcrc aball be;* disrr m ination as to race,.acx, oplor creed or national origin in its operations under ibis Agr*=etit; and lwthtl, titers Aall be as dimrunination �ragatding vny use, smvice, mzin n ce, or gperaiian of thtt Prarmaea. All facilities loeaud on the Pmrizfses rball be :. m2de xvailabk to rho public, "tat to thaiigbd, otthe Lesser to establish and enfame ruled and mda6ema to provldu for talc awry, orderly op=dcn and accurity orris facilities. ARTICLE 22. ORDERLY OFZRAW?! ,ETC. Tam Lessee sW •at all tfmas havC:a neat and 0113 sly crp xatidn ,.and Aall tnaintak all negvmry houce&eeping sayicea for the Prenttsri..11.here alu l be uo liviug'q=Un tuatr shall royoiu be g�t d to live on tale Premises: ;AR'PlCLF 23, ' HOURS OF OPERATMN. . latex Shalt optft the eoacessiort stands} no lvar.titan 9:00 a•m, and clbsic. irot aatlier'thW 6:Oo p.m., swat (7) days is ww1c, tutless attzrwisa agreed with the Db=wr of l'ar'ks XW Rocreavoll., Tice Lessee also .agrees to open and crow •the public Park ftorhL dawn to dusk unkas sp=Mcaiiy authorized in writing by tie Di cctur ofTAfts*d Recreation to do od=vrBe ar tho pmmiW are i» use in scoordmce with Section S:ubavo. During inclement weatixr..the .L.esaea *null use its own beat judgment regarding closing the comes ,ian, County shall have the right-to rcgaoet Luang to Wend its normal opesxiing hours to accoatrabdaW C,auoty- sponso;c l corms for up in 15 hoots of such pct Jed Opmt1us per year, in requires %oiler guarantee from County of rovtnucs lobe &maraud during such extended hours, m wn=f(s) to raut=UYagtead upon by thu pm -tics. AMT= 24. PRICES. ' All pdoes romt ba'vWbly displayed to Lessee's n 1domm. , and taut by apptaved in mrting by the Director of Parks and Rewcation. T'ho Lessees shall rent w salt only those ilcrmt Approved in writing iiy tits County . ART:CLU 25. SIUNAG$ Tx;noo shall, at it sole cast, provide cast remove afgns at all polic'apprcaches in its eoneessiotss. All adveztWm, mgnagc and Posting 'shad be xppcovsd m 'Mitt& by the Diredtor of forks and Recreation. ARTif:LE 2G.• VTTCLES W PARK, Vehicles, other thaw gWgeori2edpadeatriva.tram, ernerg+mcy vchicloa cad authorized ctutstruotiou vehicles, are only allowed in artists Whem raadwuya are ptvvidcd said vehicles will park cnly in.== dwigaxted ;'or vehicle parking Thci ,cwve shall bm tl a Tight tit use rdriolea on Qua brash only to load and untmd equipme nt and sapplies, and for sapho tank rnaintermoe and c1=1in& ARTICLl327. CONTAINI;RSJI3J, BGRAt7AKa no eak or dispenaing of lwwart;c in bottles is not• paimiitcd nor 4WI bottle or glass containrxts be pettaited in the Park. lWar+ps may sold or dispensed in cans, *%i*, or paper cups, akfiaugb biodcg sd&ble contsiaers are most dcsired Gram a County simtdpoirt. 'Cis dispensing and use of straws is also prohibited. ARMCh E 29, ' STOPACM Lenin uFac l thei there will be no avant ateragc or say, loud, wrst of the Deanl=tda Faciliti;M unless a special exception 1d issvud by the Cow %W. Lessee shall comply with all Wlicabla laws, atstutes, orsiuruuces, and local "Im, camcerning 3tornvo on pilbItc lands.' ARTX:U29, NODA•hl(3MWL15MAi86tYeLLS, • ThcIA= eOWTnat' useorpe =ttin the: Boardwafk,Brachti,& fttUilities, or Park the storage of ilfun ttttirrg oils, oil laWa, tuepatttine, benrcrtc, aapthi, or othe,similSs substances. or ezploslyes of'any kind, or any substmoe ar %tales prohibited it the stow rd policies of fue Insurance oatupauies doing buaincm in ihd state of Florl&L AWLICLE 30. LESSBi NOT TO REMOVE PROPEt•I'X. The Lessee ogress nat to rearww any tlxltaras br Sh[ into titc park fm the p u pow of dM Asp ==t, exoept such items as maybe rea aonnbly na;=smy for La= tc• mcct-rcyuitou Mts of !.(a) ammut d=wds;' (b) ape vial events oonduatcd by F ere; acid 1 e) the repair of raplaoaaent oFproperty. The parties teoagnizo that LC7f w u vwvice requirements wailer &is Aipt=ent shall iaot bcc liauotxl Fir rcdwxd by rite removal of its propmty. Frovided Lamas satisflrj its obligations under tads Agreement , it shall , widsin thirty (30) days after expiration of tbb Agreemen4 remove its paxsaalal propatty and equipment fi m the Premises, provided such rcanoval can be smomplfshed without(lauraging the Promises. Should Lossac' fedl to rauaoVe . such personal property and equfpiuerrt, the County may cauaa rime to be removed and stored at the cost end expense of the T..eaaee, and the County shxU huvc it continuing lien thereon in the am =d of the cost and capc nee Or mit nmiaval snd storage until paid, and racy tell soh pmrsondl property and rainibm n itself for such cost and cxponsc, IncIbding the expense ofthe aaiu, Article 31. SECiJ rrY_ 'Elie Lessee titan provide any security uwasu= wiri* may be raTdrai to ptateot the Bcaeh •Fiwilities, and its a quipmeiat and ntaWala. Such sorority rmtastaxtr may not vio101e lesosl or State taro or Miter t"Win tiona of this Agreement Article 32. NO LMNS. Lessee: tigress that it wit] riot sufrw,'or tbftgh its evii4nu or tlwsc =c ms or anyone under its control, or stipeavisiou, ca= to be Piled span the Park sny lien or encumbrance. in the cvCnt any Lien is Mad, Lesaae i)p' s b enure swli Hen to be discharged, satb&ed, or bonded -off witbin sixty (tiro) dayu of neceivimg Writtesiaotioafr+amthe Co==y., ArUck 33, IUIa"F' CrIQN: The Lame agpuaa that the conctnsiata,£aciiitiat; and Pfeririws maybe inspected at arry tho by aufficrizedrqh=tatjm of the Cvttrty Adgi�& a nrby nay others ate, county, orageucjr affioiat luvmg ratpartteibi(idr4 for i'Ospeetions'of stitch aprrations. The Lemae areas to immediately undertake the 0011W 1101i Of Any deficioncp cited by arch inspectors: Arfi 34, pTCt}li;D,S A.ULITI`. '2be Lcestn a,g m to estWish and maintain suph records ps may Ut prmdbod ley fire CcAmtyto prvvi& am avidtmcu Slott all- IMS.*f tltls ggreemeathavq been and ore.ltft obeerved,,ThC Lessee , •gusto am coun(`! the rI lit and t uatority to audit ell tcaords and dotsuMnts perwWag to tip avncagsiOA oV, =do% Such and st s t#tig3tcucy dote mhcd by•tiee County and co=nudcatei tD the Lessee. The Leaaae agnts to provide materials for the audit at the dcaigtrctcd plum witbiu soaeu O businew days afb:r the6otift notice is txWwA. Azticic 33. hNPt 1�C3�ME?1+1T. (A) The partite tsg= that the County dull NMe a continuing lien on Satoh poxsoual propcd • r trade fsxtutrcs of the I essee locatad at tht+Clam Faso Pack, said lien against sach personal property or tre3e flxt wes for aie hum of wNelt may, from tltne to time, bectrate due and unpaid to the Cody under this AI rtgmaut Upewdaiault OC say zrrqurir cd psyment(R} by the lessee; the County eltniI have the tight to take gvsaeseiwt of and retain Lestt a'a personal. pmparty and for trade fixttmea far'thc oxw of tltu h=vat tiCSCtibai lira valrw =W IfsC !loll tuirouort airait be paid, *or to sell the acme at publia'nuctioa, tmd alter deducting the expenses of Bale and rmonably aontey`s fees apply the balan4e of the praaeeds to such payment, gnd'if there should bus any dcficianncy to rmort to any oth= icPl remedy available to the LN=ty, Skadtantonsly vrith tho cxceation of thiis AV=nmt to 1AMM will.ftmtiah the Ceurq with two (2) coagtleta UCC -I Staimagntfl, kt eoyer such ptreonal Mperts' or Scare! egaipnient at Clain pass , Vaj&q in attatiuvrmt aquill to the i''aunty's Ii m- Oder oafs A�ement, ane to be filed locally and one to bt filed in ; Talkimsu. Tho UCC-i Statesor"nt slutn otidencc the Cnunty's secturd staff far.the pirfbrmance of the Lessee's obllgatiums. AMr ch=p or aaa dmcat. to the UGGl Statanent(s) Indicating dimrent property, of Lessee to more Cmmty'e Nett ker mdcr ahgll xcquim a wrWa satendrtnat duly a =QUd by the parties. ($) • In the avorit of any WMAtl violation of Otis Agtrxment.by the Lessee, or if the'Coudy or its eutiterlaed ispresawative elite!! deem say coudutct ort the part of the T.arre to be noted Ott the Luce Iiispetrtian Report, the County zhW notify the Eraser: fa writing of alleged willful violation of Inspeoricm Repot/ uotation, nd ra9brd the Zessao a rem noble apparhm ty, of not leas than th* (34) t104ya, to Cure alleged violttion. Altcr !hc rnquisit once period, the County sltail have tL%rio to suspend an opera an Ort}te conctision ehoulaidie, Lessee fail to corrW >m3' suchyialatio% Conduct, urprtwtu:c to the satisfkntimr of the Coiroty. County will riot suspend operation during tha pradaacy of the curt period. 'ilia Lessee shall riot eomnteaco op=%ion during auah suapcaaaan until the violation tree been cotx+eabsd to flu satistltctxoA a£tha Cotjnt3�. Attiule 36. pWoRMANCE wND. Upon exaacting this Age znt, Losstc thall posit with the County a pedarmancu band ix the amotmt of ITIiri N Tf l MISAND ($15,000.00) DOLLt,RS. (Bust's Ggiac orrsiqg of A- or obava.) Tito peribranmt'e bond ftM be immdby ssuirly ecmpany auto ai=d to du butdncas in the auto ot'Fiorrtts, and 36all bC roliewscd at the twrdnadon of title Ag eimeut, provided Lw= fns w►tis%ri its obligations under this • hgXectxxnr[. Article 37. MUR.t'f ACE, [Scz Ardale 91 Article 38. • • MF. MMjF ICXfION The L6soe ugnees to proteot, dtTwd, fndeutnil! zndhold harmless tiro County and its ofliOers, employees and agents froze and against sty and all IM O.% peaaldes, d=MV, "t3Ciriet A Mla, eb ngw, proiessioael fees cu ofher expenses or liabrMes of every kind and ciuraoter urisiag out d at tus14ft to say and all ttiaiirs, lims dm =&, procwdtnga Of am"M of sodas of every kind and ebatuuxatr with or arfsla8 dh=* vr itnft=tly drat *four obligations ruder this fi4xecrunt or our per&n=w= of tlaa A 'at, Article 39, pgI MnlS; LICENM; TA=. Tho Lt:s'sx asrd the County agree'ta ocapente and to obtain all required goveranumt pertaita and liccztsca rtetewq for cm»d vdng busuuzas, sad Lessee shall pay for all pwnits ui W tod,•VO Lessen same$ to OOttagly with 99,1sws govamittg tlta zeR=1a 4biiity Otaan carPbyce wit& VzPMl to ptas enTI eyed by the Imam. The I.,saeca sbali be wlaly raapomst'tstc for paysnestt of AMY attd 411 WO 1"itd tat the oonoossi= operation. Itr addition, tho Lessee alxtll cmttply ,with all nflak reguladona and lases of C611W County, tine . etc of FlorWs, or the US. Govmmrnem new is force orhTcafler sdopiBd. Artit la 40. V1=MS. (A) i'he Lesare agues to pay far ail public utilities prvvidW W the Btach" PaOitics and used within the conmaien operation, including 6uttuot Urdicdd to: oleotrlc, potable water, sever and telephone. (B) '1'Irc L 'ftU,. s; its own east, provide any propane $as or of = fltels needed for its equipment and operation at the Pat34 tinder this AW"numt. (G� The Lessee shall pravida ugly c om munieatl(M systatu requ tc d fix its businoss•apCtation, Md snob equipmcntshaU tart into dem with anypubUotalclfhw installation witI t the Park ' Article dl. MONMY" MORT. A monthly report of ittivigutr; it a Cot= delveldised by tltc ; .and " ap Loved by thu Dgcctar'of Parks and Recrt:ation; "I be subn iEwd to the Diicetof of Parks'ead keereatirm by ft-. • 15 of track trortth. . Argelc 42: DEFAULT AM TIs WINNr ON, If tither gaty fails to coAvly with any. of t1he rustctial terms a corAt bw' hettot * attt7t twn- ==Bata u not cmY4 withitr thidy (30) days' &W wtittea mttice is givatt to the ac complying party,.tbe arm -ui g paryy z*y 3�mate J iis'.Ag* m=t Should Caitnty,'undor iho tabus ofthis Agrexmc' be entitled to declare Lvam in default and tzanbuft tlu Agreactte %'thm the Counxly may revoke the'privilega•of the Less in cotar"ftemist:s fax the ptapo's a 4?r which Us vmvlesdor wn 5antak and the Court'ty may opst all parties Present up ft. premises A*Mpftg to *=Vivo any of the rigl* to revoked. Cominued occupway of the famlity by IAassca Af it rmimttoa of thin agsixtntnt tda[I caostitutC trespass, and riuty be pr+aacmded its =rb. la addition, the Lcsr;ee shall pay to t County ONE HlJhi1 IM ($100.00) DOLLARS per day as liquidated dam4w for sugh U paaa.xad ltoldmg uvar. Shut LESSOR fmiinota this LBASB du ft the fimt'lwentyr friar (24) rnorlths, LESSQR.A WI ba botmd by the obligations in;= by Menlo 2 h=f Attiala 4'd. ADUD TSTRATION This ax=ment shall be admialswed on behalf of lltt County by the Count; Adrstipistratororhiatleaigttea. " Articic 44. NOTXMS. (A) • M notices from the Lbtutty to the Lease shall be decmad duly carved If hand delivered or amiled is svgiswred or oertifled trrall to: ' Napla Gmndc Resorl . 475 Scagata Dflvo XVW, FL 34103' With a courtesy copy of all legalnctam to', LK'R Legal Daparimoai Sys S.1'ederal'HWhWAY' Ste Me • .Boca I;t+tcmr PI;.3343Z (R) • Ail notices lions ttA Lbotscv to tho•Couniy shell be & mad duly umved if Rand dcliverad ur mailod b rygiNte ed ar=-dEad mail tot Dire MrofP ksanditnacim Ptirks sed itmmdan Depatttucnt 15000 I- JMngctan Road ' NttplaB,F'ldrida.34I09 (C) '• Tiro Lwco and ths'Couaty zany 6angu the abow tuas'Eing addresses at any lime upon giving t otbw yiarty written voti bastion. All naticos uudnr this domeseiun ugmanent muet he is writing. - AAcle 43. Section intenti6.mlly &Idcd Article: 46, NO PARTNERSHIP, Nothiiag harcin cortL*ed a1e31 create or be corm ued as creating a pa rtmwship betwe the Co=rtty and gtt Leskee or to c=tiv to the Lwow its an agent of the County. Artiale 47. ASSIGNMF.,NT. Atticic 7 brain shall control. Article 4 ttiOp$AATl�pN iEtt iassee egreaa is uetrsvna6ly cattjlrrate: with the CQuitty lit costriuctittg sarveys attd provide regog4. of.visitar usage of cam=Wou sctvieoa Whem thix AZMft tut pmvidd9 for the gmnty to provide for t County to-provide a response otperfarm in act upon the Lzste's teq=4 the County sh&U promptly respond or act upon su regacsa, and shall nut uarvasaacbly witbhold Its consent wbare•County+ consent Is rogaired. Any right, power, privilege obiigatimi allocated to the County Admirt o%tor under this Agmemeat, stay also be perAwmed by the OouAty Admittistra of . desigazeJurd=, tho County urees to provide the Lesaoe with adva= uutice of any special evtmt and top poardlaam W. the Lc=c mprdng rime. Co=rny also agrees to providra I== ragardiitg eosae, County also agrees to provide Txssee w oodor. of tho availibiil ty of plans -Fear racy =odolistg of the Brach du Foci Uos or lh* Boardwalk. Arucle tip, . FOR= MA ZY Ta &a event of major xkmu,•rod tides, hurriu=as or other hutch comrrences, tiro Cow "I #move or cause to be removed aay and all dobrls Rm Clam Peas hark and assooieted County facliitias when deem ftele by rite County. izticic $0, ATTORNEY'S PRES. Lt the•ovout it borrornrs newsaary for uitht;r puny w litigam in order w emfarct; rights under ihe'trrms oftlrls Agrusnent, thw r ibc pruvalling party shall be anlitled to rehabvnement froth the other party its vests turd zeasvnable sttmnry's No. including those Imurred dining appellate - proceedings, Arlicta St. WAI ELL No waiver or broarh of rutty o wtsrllrtt or aoadition of Ws Agreement shalt be takan td ceastitutt waivcr.of any Bubsegttcnt breach of truth covenant or =dition nor to jua* ar authorize the non- obswn= oo any atl: oez6btita•oft}te sarae or stay outer WVWa a! or condition lheroPt noe shill the inVAiM of Comity at any time wlxit LiUeo is default hirwfbc•eo» stmed sin a salvor ofmmh daliwlt or (buWs rights to tatmiuxte this Agrexutaaet date to jgctr dcikalt, n • ahaTS dltq svalver bP� granted t7y C:ouxtty ttrLsssce be tti)iLn e 6 as ostupgel �iII3t i'Cl$ttyf, • . . Article 52. •• WkVIM OF I=S FROM HAZARDS. `ilia Laasea hereby expremly waivts all, claims against tha Cour for loss or damage ssrstairied by the Lnv;c irons orby the public, ifs gttcsts t<ndpatroue. Articly :13. CONF=T• AND 513V'AB.AUTUTlr. Tho panda ag= that in use any one or, mm .of the. proyisio contained III th1% Agreamew sfsktl be hold invalid, iltegal or un=rb "bla In any reaped; sw,4 invalidity, illagality, tatenforeeability Sbaxll not affe4 any otitis provisiosu i4vm6g and said Agreement sWl be cor4trued os it such %waled, ills; er uneaiaraeable ptttvisiona hail ucwx bcerf caattairtcd thcacin. , Article 54. EN'CME UNMSTAMR40. lids ConGes OB Agreenu=comaid tits final and cutire understanding, a, ,agretment batweeu tho patiieg hereto, and supenodcs' any !nicer concession agtcetacnt or extensions theazol' botwm# $ta Wits or any WM swkn=t; roprescatatimh warranty or condition, oral or.writtea, not contained in this Arm M. Howevrr, the Hesach Accem Facifftim AWmamvnt of Novensber 15, 1983 shell not be aff44ed by this Agroement excel; =p.&saly provided Wain, Any si3ociif cation of this hgcvensextt muss be In writing and signed try both parties. Axacie S5. i=l.. RIDA LAWS, T'bis Agreattteat sisall be comtm M and enforced In acooxdaacm with the taws of the au ' of } <vfda. Laaee must be rcgistxred to conduct basin su in the state of Florid% and be able to fm- n.141 satisAcrory proof asach registration. A Beta Sd. • COMt°Ui ENT PAR'I'S. This Agramrat cawbts of the t"QMwing coquonew parts atlAClred hereto, ea component being xpfit of thin Age• 6matt as if her* sat out vaAntim: (A) Ixxssstimco Certiiioete(a), and (a) Pa r*"ttae Band. P ixhtl>it "A" ARTME $7. su nd��t I IMRI Shall deliver UI.aad surrender to LESSt38 possession of the Darnised f'waisea and euy i mpravemanw • upon Mirstion offtl.east, orearlier termi;aadan broom t lesart and is as good cmuiitiosi and repair no the smite sbatl be at the'commaacer=i of %ha'term of this L ac or may have beau put by LESSOR or L=HE during the omn nuanco •thct eof, otrJlrtnty wear tenet tsar and ciamego by fzm or the c1mvents bay wd LESSEn control mtccptcd. AR'ilCLE 58, QWral PmvisimD• , t.1;9S>rE oxgreasly rsgcess far itaotf, its sucxes&AOr and asaigtas, to refrain from any wW all use of the Dxrmised Prentiaea which would iatexfary with or adversely AEeci tla operation or rmtz nsnoa of LBUO3R'S operations wbcra tens t;ttCit apetgrions share cottstztoa i'aailitfas arvtluawisa. . (a} It i&�%s hot Vadfiaally grinned the USSES by this Laksc m ltercby reserved to the USBO Z (b) L13SSBE apteen to- pay ail =ea lmposesd on the Icazahold itsterert ar othermse related to the •tenfal of the Demised Ptmstsisesto the extaat gViIi ablt ender law, (a) LESSEE agrees to pay an uttangiblu personal property taxes that may Tea impasad 413e to the csaation, by ibis Lo%o, of a lbascholdinterest in the Dm iced Premises.or LESSE'E'S possession of 6aidl4w;e sold ioterest in tlx: Demised Ft emises. AP,TICLB 59.1�rvTro=am Cp-nCSn18 L ESSF.,B reprerm4 wtusustts and agnms to indc u rdfy, reimburse, defined and hold harmless L ESSQI7 faun and against all costs (including attorneys has mad ell appeals) asserted again% impastetd on or Mcutxed kry i.BSS'Oit directly 6r indirectly ptvauant to or to oannc U m. with the opplicalion of.axry rodacal, elate, local or common lax- relating to pollution orb m to the eavirormxnt directly csmwd byand linked to dw Lessee. ARTICLE 60. Ridnrt (lns Yet compliance with ScWon 444.056, Florida Stntuiras, all parties are hereby made aware of the following: Ruston is a 'nahually oer.wfing radioactivc gas that, when it has accumulated iu a building in sumcicar qusrstities, stray present hoalth:iM to persons. VW art; caposeA err it over time Levelm of rndim that exceed federal and neate guidriines 73ave been fvand iu bt>ald W in Tlorida. Axiditiumt infommdon ra3ardkz rsdoa nerd xxdou heatingmiy be obtained tens%your County Fublia Health DeparttrxuL , ARTTCr.B 61 . Qms3k Mdsiams , 'I.M'3©R ibHy uu&n(z .di tkL the police iMd. law tnfn Menr•suurity pratootite0 pxvv€ded by ivw • '• ctiifaroertiatt ngencies tv the Dem9sed prxmuvcx,. is limitCd to that providZtl to nay other busititas ar y siluatcd na • ' � `• CoAux Cott q, end LESSOR eaknowladgas,tfsrct any ,sgcc 6 sxurity Imsum" deomaci necesaary for additional . pmtudon nt•ihe Demised Preauses shell ba the We'seapondbihty and tout of LESSOR and ehC inwlve no castor cxpem to LE.SSEF•. ' AR'f7CLg fiZ:.$�„�•LiCrss . All Psaci tts whom these p:ese ,may tarn sirs put upon nadu:c that io interost af'.Lhe LESSOR. in-tbc Jhariaad l'runisea sfsall be subject to fic= for impravaaw,•nsx made 6y the I.B�SSF.F, alsa fi� 1or v nca,ts rn :do by thu LESSM me spociiically proln'its:d flamattaehlhg to ar beaomirsg a lien on the hire w of the LESSOR in the nemisad Pmrdises w any pact afwither. •flan ranee is given pmwaat to diu provisicrsss of iti in camplisuec with • Secilaa 7l9.I tt, .Fxacids S�ulica, ' . - , AR'iTCfti b3: i;ffacsivs Dax - • Thia 7 ue:4 aU be6ame cffaclive upon exemU a by both L W OIk and LESS M!, AIMPLE 69, Cfegve ain Lw '!•lus Lasso shod be ,c vcmcd by, wxl cawtnxd to aceardmcc with, ti elaws ofY a State ofTlorids. ' EN WIIIYLS.S WI•i Mil?, the pa tics hetato bavc tw c=dct set forth their hands and aealii, AS TO TIM I.ES5t3A DATF..ri:• '9�IITNE?SS tsignature� t aainei . ss . (prix,, name} :4ppro xnd l i y: ✓ l taut t4ttorncy HOARD t! ~` CO UNI-Y CXAiWSSI0.NW COUMR CO & I&W( �Y• __ James Colette, t�tsirmus LWSf:b'.• Leliili Farmers, i—L.C. 6WA Naples G ade Rosort Club Ns�m%'Jct CAPS. UPDATED: Septembers -2007 ,.. • �� � i f;' � i�: "• � i � � •`. �•� •,4 . .�xiaitritA' CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 TABLE OF CONTENTS 1.0 Introduction Purpose and Scope of the Management Plan. Overview of the Clam Bay NRPA Personnel / Consultants Responsible Role of Pelican Bay Services Division 2.0 Clam Bay Location and Setting Maps, description of Pelican Bay and the estuary system Natural history of the system and pass 3.0 Historical Overview Historical time line Original mangrove die -off causes Restored characteristics of Clam Bay 4.0 Resource Descriptions Soils Climate Natural Communities Species Hydrology Water Quality Inlet Dynamics 5.0 Authorized Construction Activities List of permits and work undertaken to date 6.0 Management Goals and Objectives Management action/work required, performance criteria and monitoring, responsible entities, timeframe 61 Provide sufficient tidal exchange to maximize benefits to the Clam Bay NRPA while minimizing negative environmental impacts. 62 Maintain and protect the native floral and faunal communities 63 Manage and improve water quality 64 Protect the integrity of known archaeological sites within the Clam Bay N�1� 65 Address recreational uses with emphasis on passive recreation 66 Improve public awareness and involvement B Af , 44n= Page 1 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 1.0 Introduction Purpose of the Management Plan The purpose of this management plan will be to provide guidance and direction for the management of the Clam Bay Natural Resource Protection Area by identifying the goals and objectives necessary to avoid or minimize impacts to the natural resources and biological integrity of the system. This plan will form the basis by which future management decisions can be made by identifying the appropriate management techniques necessary to preserve, enhance, restore, maintain and monitor the uses and resources within the Clam Bay NRPA. The plan will attempt to balance resource protection with passive recreational use. It will consider Clam Pass monitoring and maintenance, restoration needs, water quality, listed species protection, education and other issues as identified in the Plan's formulation process. The final management plan and any subsequent revisions shall be submitted to the Collier County Board of County Commissioners (BOCC) for its approval. When approved, this plan will form the basis for future permitting and other management activities within the system. Overview of the Clam Bay System The Clam Bay estuarine system is a 570 -acre area of sandy beaches, shallow bays, seagrass beds and mangrove forests on the coast of Collier County in southwest Florida. The community of Pelican Bay abuts the northern and eastern edges of the system, while the Seagate and Naples Cay communities abut the southern portion of the system. This system is an important natural and recreational resource for local residents and visitors. The operation of motorized watercraft is limited to idle speed/no wake per Collier County Ordinance 96 -16. It was designated a Natural Resource Protection Area (NRPA) by Collier County in 1994. This plan, in addition to providing a brief history of activities undertaken within this system, outlines management goals, objectives and methods to achieve optimal functioning of the delicate mangrove system. Drawing on the 1998 Clam Bay Restoration and Management Plan,`" xa.: input from multiple interested stakeholders, and the findings of 15 years of biological and �t hydrographic monitoring activities within the system, this plan also outlines the goals for futurt"; enhancements to, and maintenance of, the ecosystems throughout Clam Bay. The Clam Bay Restoration and Management Plan, 1998' In 1992 a small area of dead black mangroves was first observed in the northe i of the system. In 1995 a significant area (approximately 50 acres) of dead and dyin roves was reported (Turrell, 1996). Following the die -off, restorative dredging was 'd to increase tidal flushing by opening up the pass and widening several tidal creeks w the system. The CBRMP was prepared in conjunction with State and Federal environn&tal permits to carry out the work, and consequently focused on management objectives w ere proposed at that time, namely; Page 2 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 • Restoring the estuary hydrology and tidal flushing provided by Clam Pass • Dredging portions of the interior tidal creeks to improve flushing capacity • Studying the potential for improvements in upland stormwater /freshwater management • Installing flushing culverts under Seagate Drive The Clam Bay Natural Resource Protection Area Management Plan, 2014 This Clam Bay Natural Resource Protection Area Management Plan (CPMP, 2013) combines the comprehensive outline and background provided in the original 1998 plan with lessons learned during and subsequent to its implementation. The goals of this Plan will be to direct the management activities undertaken to enhance the estuarine and associated habitats in a manner that maintains and contributes to the overall integrity of the Clam Bay ecosystem. Namely, the activities undertaken under the Plan will: • Provide sufficient tidal exchange to maximize benefits to the Clam Bay NRPA while minimizing negative environmental impacts • Maintain and protect native floral and faunal communities • Manage and improve water quality • Protect the integrity of known archaeological sites within the NRPA • Address recreational uses with emphasis on passive recreation • Improve public awareness and involvement Personnel / Consultants Responsible This CPMP has been prepared by the firm of Turrell, Hall & Associates, Inc., who, as project managers for the restorative dredging and associated monitoring work has a long history with the project and ecosystem. Input and monitoring data has been incorporated from coastal engineers, Humiston & Moore, Inc., as well as other interested stakeholders such as the Pelican Bay Foundation, the Mangrove Action group, the Conservancy of Southwest Florida, adjacent community associations, and the City of Naples. The ongoing support and assistance of the PBSD and Collier County is gratefully acknowledged. Pelican Bay Services Division Turrell, Hall & Associates Tom Cravens — Chairman Tim Hall — Project Manager 801 Laurel Oak Drive, Suite 302 Naples, FL 34108 (239) 597 -1749 Humiston & Moore Engineers Brett Moore — Project Manager 5679 Strand Court Naples, FL 34110 (239) 594 -2021 3584 Exchange Ave Naples, FI 34104 (239) 643 -0166 2 � 4 a Page 3 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Pelican Bay Services Division In order for the management and enhancement of the Clam Bay NRPA to be successful, coordination between a myriad of local, state, and federal agencies and concerned citizen's groups is required. The Pelican Bay Services Division (PBSD) has undertaken that role for most of the past fifteen years. The PBSD is a dependent special district known as the Pelican Bay Municipal Services Taxing and Benefit Unit. It was formed pursuant to Chapter 125 of the Florida Statutes and was formally enabled by the Collier County Commission pursuant to Ordinance numbers 90 -111 and 91 -22. These ordinances were replaced in 2002 by Ordinance 2002 -27 which further clarified the basis and role of the MSTBU and PBSD Board. This MSTBU was created to, among other things, provide for the maintenance of conservation and preserve areas within Pelican Bay. This responsibility was undertaken diligently from 1998 to 2009 and resulted in the implementation of the previous Management Plan and the recovery of the mangrove die -off area. The Collier County Coastal Zone Management Department assumed responsibility of the Pass monitoring and maintenance from 2009 to 2012 while the PBSD continued to monitor and maintain the mangrove communities within the system. At the beginning of 2013, the Collier County BOCC returned responsibility of the Pass to PBSD via Ordinance 2013 -19, and it is under the PBSD's direction that this current management plan has been written. As a dependent special district, the PBSD is an arm of local county government and as such does not enjoy the ability to make decisions concerning the implementation of the Management Plan independent of the desires of the Collier County BOCC. The PBSD budget, and therefore its ability to undertake work projects, is controlled by the Collier County BOCC. In practical application, this has not proved problematic, as the BOCC has routinely approved the mangrove management undertakings of the PBSD and the BOCC has authorized the development of this Management Plan. The PBSD implements County policy within the confined geography of the Pelican Bay community and the defined responsibilities of the PBSD. The PBSD sets it own budget and agenda and routinely submits same to the Collier County BOCC for approval. The actual workings of the relationship suggest therefore, that the PBSD has experienced a significant degree of practical autonomy and this is expected to continue in the implementation, of this Management Plan. The result is that the PBSD will be the official manager of thisr, Management Plan with delegated authority to be implemented consistent with Ordinances 200? �� `w ' 27, and 2013 -19 of Collier County. The PBSD will direct this Management Plan and have the responsibility for its implem` r `ioh and operation over time. As such, the PBSD will plan and implement defined management activities (with BOCC approval) whose purpose will be to protect, enhance an 'tain the natural communities and ecological integrity of the Clam Bay NRPA. y 3 Page 4 of 95 44 1 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 The PBSD has several attributes which already make it a logical guiding force in the management of Clam Bay. The PBSD: • Is located within the Clam Bay drainage basin; • Has an advisory board (appointed by the County Commission) made up of residential, and business members within Pelican Bay; • Garners fiscal support collected from local assessments; • Is accessible by the public due to its local governing board and advertised public monthly meetings; and • Has demonstrated a long -term commitment to the resource and its preservation and enhancement over the past fifteen years. These attributes give PBSD the knowledge and expertise in matters of local concern and, in particular, the problems, opportunities and interests of local residents as they relate to the Clam Bay ecosystem. Its relationship to the BOCC gives it an additional level of access to technical expertise and oversight that will be necessary to assure that the Management Plan, as contemplated in this document, is fully implemented in the field. As part of its responsibilities, the PBSD will assemble and distribute various technical reports and assessments as required under the Management Plan, as well as coordinate with the other public and private groups interested in Clam Bay. The PBSD is organized for and designed to maintain both its knowledge of the Clam Bay resources and to generate public support for the same. PBSD will insure that the general public, residents in Pelican Bay, PBSD consultants, and representatives from government agencies with jurisdiction over Clam Bay each have on -going involvement and input into the Management Plan as appropriate. Page 5 of 95 Y 4. A'N" * t Page 5 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 2.0 Clam Bay Location and Setting Maps, description of Pelican Bay and the estuary system Clam Bay was designated a Natural Resource Protection Area by the Board of County Commissioners of Collier County in 1994 (Collier County, 1994) and consists of approximately 420 acres of mangroves and some 115 acres of shallow, open water bays, as well as a 35 acre beachfront parcel (Clam Pass Beach Park). The system consists of three primary bays; Outer Clam Bay (southernmost), Inner Clam Bay (central), and Upper Clam Bay (northernmost), connected by a series of tidal creeks. The entire system receives runoff from adjacent upland and wetland areas. Upper Clam Bay is . connected to Inner Clam Bay by a winding narrow creek. Inner Clam Bay is connected to Clan Pass through another narrow creek. Outer Clam Bay is connected to the Gulf of Mexico by a wider creek through Clam Pass. Some water also flows south to Doctor's pass thro,�gh_ the culverts under Seagate Drive. Clam Bay Vital Statistics Total acres: Approx. 570 acres Beaches: Approx. 3 miles Mangrove: Approx. 420 acres Open Water: Approx. 115 acres Latitude and Longitude of Pass: N 26° 13' 11 ", W 81° 49' 01" Section, Township, Range: Sec. 32 & 33, Twp 485, Rng 25E, & Sec. 4, 5, 8, & 9, Twp 495, Rng 25E Gr Page 6 of 95 CLAM BA Y NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Clam Pass is a small, marginally stable inlet that has migrated north and south along the shore over the years. Prior to dredging, average water depths of Clam Pass were -2.5' to -1.0', and its width ranged from 30 -50' (Collier County, 1994). 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 in the long meandering tidal creeks surrounded by mangrove forests. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides. Tidal range is restricted throughout the Clam Bay system (Turrell 1995; Collier County Report 1996; Tackney 1996). Tide gauges are installed and monitored on the County boardwalk at the north end of Outer Clam Bay, the north and south Pelican Bay boardwalks, and in Upper Clam Bay. These gauges indicate that the dredging done at the pass and in the interior creeks has drastically improved the tidal exchange throughout the system. Tidal ranges vary from 2 feet out in the Gulf to 1.5 feet in the southern portion of the system down to about 0.5 feet at the northern end of the system. South of Clam Pass, a channel oriented north -south with water depths varying between -1.0' to - 4.0' leads to Outer Clam Bay (approx. 72 acres) which connects to the Venetian lagoon system via a three 24" concrete culverts under Seagate Drive. There are also three dead end canals from the south end of Outer Clam Bay into the Seagate community. North of Clam Pass, a long narrow (approximately 6,600') tributary leads to Inner Clam Bay (approx. 32 acres). Evidence in the literature suggests that oyster bars were once present in this channel (Humm and Rehm, 1972). A further, narrow creek (5,400') leads north from Inner Clam Bay to Upper Clam Bay (approx. 20 acres), the smallest and most isolated of the three primary bays. Historical aerials and anecdotal recollections from long -time County residents note a connection of the system at Upper Clam Bay to Vanderbilt Lagoon and Wiggins Pass to the north via a small creek (Collier County, 1994, Tropical BioIndustries, 1978). This connection was eventually severed with the development of Vanderbilt Beach Road in the 1950s. 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. Pelican Bay is predominately a residential community of private single- family homes, asAwilas both high and low -rise condominium units. The community also includes a 27 -hole gol c sd; common areas with meeting rooms, tennis courts, beach park facilities, emergency services facilities, and commercial areas with shopping and hotels. The 2,104 -acre Iced Unit Development (PUD) was approved in 1977 as a partnership between Collier rises and Westinghouse Communities. It was one of the first developments in Fl uired to save fragile coastal wetlands and associated ecosystems (Urban Land In 1981). The development of Pelican Bay had a limited impact on the wetlands then*lves'(approximately 94 acres in total with about 78 of those acres located in the northwes Berner of the property) 5 6. Page 7 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 leaving the mangrove forest intact and preserved around the bays. As mitigation for these wetland impacts, the 35 acre beach park was donated to Collier County. Approximate extent of Clam Bay NRPA boundary. Development landward of the mangroves required a stormwater management system des d spread runoff along the eastern edge of the Clam Bay estuary (Collier County Report 1 four to six foot high and 2 %2 mile long berm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts thr ale berm discharge water to a swale system along the eastern perimeter of Clam Bay. T rn edge of Pelican Bay is about 12 -14 feet above sea level at US 41, sloping in an direction to about 2 feet near the berm. Six drainage basins operate on a gravity s to slowly move surface water into the receiving area of Clam Bay. Page 8 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Approximate locations of Drainage Basins within the Pelican Bay Development west to the left). with north up and Page 9 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT Pelican Bay Services Division December 3, 2013 Ver. 3.0 Natural History Prior to development, the entire coastline of south Florida would have resembled the Clam Bay system with meandering mangrove lined waterways buffering sandy barrier islands and terrestrial communities. Unique within the moderately developed coastal community of Collier County, Clam Bay is a valuable resource for wildlife (particularly juvenile marine species and birds) as well as residents and visitors to the area who enjoy the recreational opportunities the system offers such as kayaking, fishing, walking, swimming, bird watching, beach going, and others. The system is a mixture of mangrove -lined tidal creeks, mangrove forests, shallow bays and tidal passes, seagrass beds, tidal flats, sandy beaches and brackish interior wetlands. A man -made water management berm now divides natural and developed portions where historically mangrove forest would have transitioned gradually into the mesic coastal hammocks and upland pine scrubs that made up the now developed portions of the Pelican Bay community. A brief overview of these important habitat types, their key characteristics and value is provided in the Resource Description Section of this Plan. Pass History Historically, Clam Pass was a small part of a large system of waterways extending from Lee County to Doctors Pass. A limited amount of small boating activities took place within this area. The construction of Vanderbilt Beach Road in the early 1950's cut off any navigation from the north from what is presently called Vanderbilt Lagoon. Tidal connection with Vanderbilt Lagoon was eventually severed as well. Later, the construction of Seagate Drive limited the amount of tidal flow from the south, the waterway presently called Venetian Bay which connects to Doctors Pass Prior to the surrounding development, the natural stormwater (rain run -off) flow in this area was by sheet flow in a southwesterly direction towards the coast. Water reaching the mangroves and bays of the Clam Bay NRPA would flow out to the Pass. The upland stormwater flow pattern has since been modified in direction, volume, and timing by the use of retention /detention basins, primarily in the Pelican Bay development area. , 0 The Clam Pass opening has moved over its lifetime up and down the shoreline, influeed b y s major storm events and by man's alteration of the tidal prism and drainage basin that fled., he Pass. A detailed discussion of the Pass is provided in the Coastal Processes Element of this' Plan. t 9 Page 10 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 3.0 Historical Overview Original land use, development history, die -off and restoration work. To properly understand and successfully implement proposed management objectives, actions and events which have lead to the current situation in Clam Bay should be described. This chapter starts off with a time -line to clearly portray the system in its historical context. It is intended as background information and as a factual recount based on personal experiences and comments, press reports, published and unpublished reports. The chapter finishes with an overview of the mangrove die -off including causes, and the work that was undertaken as part of the 1998 Clam Bay Restoration and Management Plan to restore the system. Time Line 1920 A dirt road is built by Forest Walker running from the north -east to south portion of Pelican Bay, a forerunner of US 41. 1950 With 6,000 residents of Naples, Clam Bay is part of a connected system of barrier islands, mangrove passes and waterways. The orientation of the beaches and passes would have changed seasonally and with storms. 1952 Vanderbilt Road is constructed, eventually severing connection with the Wiggins Pass system to the north. 1958 Seagate Drive is constructed as the Parkshore community is developed. Flow is blocked into Venetian Bay to the south. Circa 1960 Aerial Photograph FA Is Circa 1952 AerikAotograph 10w. Page 11 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 1972 Tri- County Engineering produces reports: • An Ecological Study of the Clam Pass Complex is published by Humm & Rehm • Hydrographic Investigation of the Clam Bay System Coral Ridge - Collier Properties, Inc. (a partnership between Westinghouse and Collier Properties) acquired the property and initiated development of Pelican Bay. 1974 Pelican Bay Improvement District is formed to manage common property in Pelican Bay and provide for long term sustainable infrastructure. 1976 Three, bi- directional 24 -inch culverts are placed under Seagate Drive to provide hydrologic connection to Venetian Bay. Report "Environmental Assessment for Development Approval" is prepared for Pelican Bay. Clam Pass closed in and then was re- opened by dragline. 1977 Pelican Bay Planned Unit Development is approved, and construction commences. 1977 -1979 Gee & Jensen Hydrographic Engineers conduct a series of tidal studies within the system and distribute "A hydrographic study of Clam Bay system" in 1978. 1978 Tropical Bio- Industries produce a report: Carbon Flows in portions of the Clam Pass estuarine Y s s em. Ecological assessment work by Tropical Bio- Industries for permitting of the north -west fill area, notes a small area of stressed and dead mangroves close to Upper Clam Bay. 1979 Environmental Assessment of the northwest fill area is distributed. r' k Tropical Bio- Industries produce biological reports: • A comparative study of the water and carbon flows of Upper Clam Bay • Invertebrate Population Studies in the vicinity of Upper Clam Bay 1981 Clam Pass closed and was re- opened by dragline.q 7 11 � Kd Page 12 of 95 C' CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 WCI, the developers of Pelican Bay, transferred title to Clam Bay to Collier County with the stipulation that Clam Bay shall remain a conservation /preservation area in perpetuity. 1982 WCI deeded Clam Pass Park and Clam Bay to Collier County and in accordance with the Pelican Bay PUD, required the County to seek approval of WCI or its successors for any modifications to Clam Bay. 1983 Tropical Bio- Industries produce biological reports: • Fish populations of tidal ponds west of Upper Clam Bay 1986 Collier County constructs a 2,900' boardwalk to provide access across Outer Clam Bay to the county park, south of Clam Pass. 1988 Clam Pass closes twice, first in the spring and again in the late fall after Tropical Storm Keith (November 23, 1988). 1989 Small areas of stressed and dying mangroves are noted by residents in the basin west of Upper Clam Bay and east of The Strand in Bay Colony. A DNR interdepartmental memo highlights cause of the stress as "the lack of adequate water circulation resulting from the closure of Clam Pass ". First emergency dredging permit received from DNR to re -open clogged Clam Pass, following memo by David Crewz to the DNR highlighting problems and danger if the pass was not re- opened. �y 1990 Pelican Bay Improvement District comes under Collier County as the Pelican Bay Services ` Division. 1992 The area of dead mangroves is reported at 7 acres. 1994 20 acres of mangroves are reported dead. 1994nx Clam Bay is approved by the Board of County Commissioners as Corr County's first Natural Resource Protection Area (NRPA). ,. �n 12 r Page 13 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 1995 Emergency dredging permit issued allowing opening of the pass, but no work farther back than 600 feet. 1996 Permits to open Clam Pass received from DEP and USACE and work completed in April. In summer and fall blasting and hand excavation was permitted and completed in 1997. 1996 Mangrove die -off area estimated at 50 acres. 1997 Clam Pass dredged again under modification to 1996 Permits. 1998 Ten year permits received from DEP and USACE for dredging Clam Pass and the interior channels and Seagate culverts with associated monitoring work and storm and freshwater studies. 1999 Dredging work associated with the CBRMP is completed in the spring by Ludlum Construction Company. Ellicott Series 370HP Pumping Sand out of Clam Pass (1999) 1999 Staff at The Conservancy of Southwest Florida commences a 3 -5 year study of mangroves, surface water level and elevation within the mangrove die -off area. 2002 Maintenance dredging of Clam Pass flood shoals completed to improve;tidal circulation. CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 2004 Hurricane Charley comes ashore about 50 miles north of Clam Pass. A lot of sand was redistributed but the pass did not close. Extensive limb and leaf loss was documented within the mangrove forest. 2005 Hurricane Wilma comes ashore about 30 miles south of Clam Pass. More limb and leaf loss is noted. Pass does not close. Hurricane damaged mangroves along bay 2005 Same mangroves along bay 2007 2007 Maintenance dredging of Pass and entrance channel completed to 1999 specifications. 2008 Tropical Storm Fay comes ashore about 30 miles south of Clam Pass. The area received over 10 inches of rainfall. Pass not affected. 2009 1998 DEP and ACOE permits for maintenance of the pass expire after 1 -year extensions. 2010 Permits issued to continue maintenance of hand -dug flushing channels throughout the system. 2011 White mangrove die -off was observed in central portion of the system and found to be caused by a bark beetle infestation of trees that had suffered cold temperature stress. 2012 '? Canoe trail markers and informational signage installed throughout Clam Bay. CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 The mouth of the pass moves to the north near the Pelican Bay Beach Store. The northern shoreline of the pass is temporarily reinforced with the installation of concrete barriers. The pass closes in December. 2013 A single event permit is issued to dredge Clam Pass. In March dredge work is completed and the pass is open. Development of a new Management Plan is initiated through stakeholder input and multiple public meetings. 1995 Die -off and Related Causes The majority of the original die -off occurred within the northernmost black mangrove areas of the system. Three defined processes of the black mangrove forest are applicable to the Clam Bay ecosystem. These three processes are briefly reviewed here are: Salt balance: Salt is available to the black mangrove forest from a variety of sources, but normal tidal exchange is the most important. Black mangroves can tolerate slightly higher sediment salinity than the other two mangrove species but can be affected adversely by an excess accumulation of salt. In a natural setting, toxic accumulation of salt is usually prevented by dilution and leaching due to rainfall and washout on outgoing tides. Accordingly, the transport of dissolved and diluted salt back to the Gulf is critical to the health of the black mangrove. Organic matter budget: Like the salt balance, the organic matter budget is intimately related to the flushing component of the tidal cycle. It is generally recognized that even in the best of circumstances only 60 -86% of the decomposing matter generated by a mangrove forest is consumed on site. The balance has to be exported. This export is in the form of highly fragmented or dissolved organic matter fractions and as such is also dependent upon tidal flushing. d x Water budget: Water enters the Clam Bay system through rainfall, freshwater run -off and through." the influx of seawater. It leaves via evaporation from water surfaces, transpiration from leavesrl1 tidal out -flow to the Gulf. Since evapotranspiration rates within mangrove forests are relatively low follows that the forest must freely drain or else water logging occurs that quickly leads too,,._ es and mortality.'' Rainfall in South Florida contributes about 53 plus inches of water per year and mostk fwt�ht occurs in the wet season. Additional freshwater inputs to this system occur from ground -'how and from irrigation in the developed portions of Pelican Bay. The irrigation amounts ' 26 to 28 inches (on average) of rainfall every year but can vary widely due to weather condi In a perfect world this irrigation component would be entirely taken up by the soil and pl s b t in these non - perfect conditions, it is expected that some run -off is also generated due to the ' , on. When this amount is 15 Page 16 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 added to normal rainfall, the export capacity of the system to the Gulf becomes critical, especially when considered in the context of the need to transport the organic matter and salt described above. The combination of these mangrove species and other intertidal vegetation makes mangrove forests extremely productive natural resources, but their productivity depends on the right combination of tidal "flushing" (movement of water and suspended material in and out of the estuarine wetland) and freshwater run -off to maintain their ability to function. The freshwater input dilutes the high salinity of marine waters, thereby reducing the effort needed by the mangrove to exclude or excrete salt. This allows more of the trees' energy to be directed to normal growth and maintenance. Tidal flushing also allows nutrients to be distributed within the forest and provides for the transportation of dead leaves, twigs, etc. As these materials decay, they become food for marine life. It is this mangrove detritus which is consumed by the many organisms at the base of the food chain and which in turn create the next level of the food chain necessary to support the fish populations that characterize the mangrove community. It is the combined interaction of fresh and salt water through tidal flushing that is critical to the ability of the mangrove forest to sustain itself. It follows therefore, that anything that materially disrupts the maintenance of the flushing component threatens the long term viability of the mangrove forest itself. According to detailed field surveys performed in the early 1970's (Tropical BioIndustries Company and Gee and Jenson 1978) tree densities ranged from 726 to 7,580 per acre and maximum canopy height was 39 feet. Within the black mangrove dominated basin forests, 16% of the trees or 8.8 acres of dead black mangroves were reported in the 1978 document. Dead and stressed mangroves were again reported for Clam Bay in 1989 when David W. Crewz, a biologist with the Florida Marine Research Institute, was asked to inspect Clam Pass Park by Mary Ellen Hawkins, then a Collier County representative to the legislature (letter to Don Duden dated April 3, 1989). Mr. Crewz concluded that the "dead and stressed mangroves were caused by lack of adequate water circulation resulting from the closure of Clam Pass.... allowing toxin and salt buildup. "mow Westinghouse Consultants, Inc., employees in February 1992 noted additional mangrove die -offs, north of Clam Pass Park on the west side of Upper Clam Bay. This area was inspected by Dr. Eric Heald, a consultant to WCI, and reported to WCI in April 1992, as probably due to hypersalinity, r,v although 1991 was an above average rainfall year. The same conclusion was reached by Robin Lewis of Lewis Environmental Services, Inc., after an inspection in May 1994. At this ti thy, die -off area was approximately 6 acres. A widespread mortality of mangroves in Florida B y s t also reported in the summer of 1991 (Yarbro et al. 1994) and it was attributed, in part, to natural drought conditions and unusual tidal inundation patterns. After above average rainfall in the summer of 1995, The Conservancy, Inc.'s � 'residents in Pelican Bay reported additional mangrove deaths which continued through := and 1996. The total area of the die -off through July 1999 was around 50 acres. ` YN 16' qr s Page 17 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 The death of trees occurred around hyper saline ponds and is consistent with conditions caused by periods of excessive inundation of freshwater followed by periods of continuous dry down, particularly where the mechanism for flushing is impaired. (Lugo 1976). During the period immediately preceding the observed die off, and during the periods following, Clam Bay received record amounts of rainfall. This rainfall, when coupled with an admittedly impaired circulation system and intermittent pass closure, resulted in water levels that were high enough for a long enough period of time to adversely impact the mangroves. It should be noted, however, that the death of trees around hyper saline ponds is a process that is now occurring for a variety of reasons elsewhere in Florida and the Caribbean and is not necessarily evidence that the forest is in a state of irretrievable decline. The presence of new seedlings confirms that these conditions may well be able to return. (Lugo 1976;). Presently the die -off areas appear to be recovering as a result of the restoration work done to date. The remedial efforts described later in this Plan, in particular the dredging of Clam Pass, the opening of several of the impacted tidal creeks, and the construction of approximately 13 miles of hand -dug flushing channels, have had the desired effect of improving the circulation of tidal waters within the system. (Humiston, pers. comm. 2007). Restored Characteristics of Clam Bay In assessing a variety of alternatives to the restoration of Clam Bay, the original need was not so much to restore the system to a mangrove forest (although that remained the primary goal) as it was to stabilize and restore the system as a thriving natural resource. It was recognized that with changes to naturally induced flushing rates and hydrological regimes the mangroves would likely adjust by altering zonation patterns, species compositions, rates of growth and mortality, etc. (CBRMP 1998). Clam Pass .« The single most important thing that has been done to restore the health of the Clam Bay system is to improve the total tidal flushing capacity of the system. (Humiston & Moore 2003; Lewis 2007; Turrelt ; 2007). As has been discussed earlier, the tides in the upper reaches of Clam Bay were weak variable. Runoff from rainfall further reduced the interior tidal range and during Tackney's field stu in 1996, total rainfall of approximately 4 inches in three days was sufficient to flood Upper rrBay to such an extent that tidal fluctuation was completely eliminated. During Hurricane Charl y�. '2004, storm surge and rainfall far exceeded this 4 inch level and yet Upper Clam Bay was experiencing tidal fluctuations the following day. The restoration efforts of dredging the pass, dredgmg1he interior channels, and construction of the network of flushing cuts throughout the original area proved very effective in maintaining the tidal exchange and drainage capability of the In Outer Clam Bay, where the channel leading to Clam Pass is relatively s ��,�,;, , t e tidal range was only 50% of its potential value. This diminished exchange capacity was a A 'R' result of the constricted nature of the inlet and its adjacent interior channels. 17 Page 18 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 During flood tides, sand is carried into the pass by tidal currents and settles out of the water column where the current drops below the magnitude necessary to maintain the sediment in suspension. At Clam Pass this has resulted in the gradual accumulation of sediment in the channels interior to the inlet. This sedimentation process reduces the hydraulic efficiency of the channels and results in diminished tidal ranges for the interior bays. In 1998, when the restoration activities commenced, the channels immediately interior to the pass were so constricted that even when the pass was excavated, the interior tides remained muted. Efforts to maintain the pass in an open condition were dramatically improved by enlarging the dredge area to include not only Clam Pass, but also the critical areas of the adjacent interior channels. This action not only augmented the volume of tidal flow through Clam Pass, but also reduced the likelihood of inlet closure during adverse weather conditions. Currently, Outer Clam Bay's tidal range has been improved by 4 to 6 inches as a result of the dredging activities and the increased self - maintenance capability of the inlet. The single most critical causative factor of the Upper Clam Bay mangrove die off and lack of natural regeneration of mangroves was the relative absence of adequate tidal flushing, or tidal pumping, typically measured in terms of tidal amplitude and its frequency of occurrence (CBRMP 1998, Roessler pers. comm. 2004). Tidal pumping refers to the hydraulic change in water pressure in mangrove sediment that is controlled largely by tidal activity. When rising tides force a rise in the water table in the sediment beneath mangroves, gasses (e.g., carbon dioxide, hydrogen sulfide, methane, ammonia) and various fluid wastes (including refractory and labile dissolved organic matter) are expelled from the sediment. Since some of these compounds are toxic, particularly hydrogen sulfide, their frequent (daily to twice daily) removal is critical to the health of the mangroves. Conversely, on falling ties and a drop in the sediment water table, gases (e.g., oxygen) and nutrients present in the over -lying water are drawn into sediment. The frequent renewal of sediment oxygen is particularly important because it is required in normal root respiration which, if stopped, causes mortality. Thus in the absence of tidal pumping, metabolic wastes accumulate in the sediment and it eventually turns toxic and anoxic, meaning no oxygen. It is important to note that this critical process has nothing to do with the salinity, or absence thereof, or with the presence of absence of surface and subsurface water. -' °,- Because the tidal amplitude was wholly inadequate mainly due to the restricted tidal circulation tidal pumping within the Clam Bay system, and between the Clam Bay system and the Gulf of Mexic the correction provided by the restoration activities has been critical to the creation and man mkt of conditions required to foster mangrove growth in addition to maintaining water quality t yam Bay. Interior Tidal Creeks F� It is also important to recognize the interrelationship between the maintenan Clam Pass and the maintenance of the interior connecting tidal creeks. The tides in the upp eac es of Clam Bay were weak and variable. In the absence of rainfall, the tidal ranges of the Up yid Inner Clam Bay's were on the order of 15% to 19% of the Gulf tidal range. Run -off fronayaifMl quickly flooded the upper 18 ` �� Page 19 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 bays and further reduced the interior tidal range. The reduced tidal range in the interior bays were due to the restrictive condition of the interior connecting tidal creeks. (Tackney 1996; CBRMP 1998). These restrictions not only super - elevated the average water surface elevation within the bays but also retarded drainage. The problem was exacerbated by the addition of pulsed water from the stormwater management system, which by design stores water in its detention/retention areas and then allows it to discharge into the bays. The constricted condition of the interior tidal creeks coupled with the additional water being continuously discharged into the bay elevated the water surface elevation in the upper bays and contributed to extending the periods of flooding beyond tolerance levels that mangroves can accommodate, particularly the black mangrove. (Turrell 1995; Tackney 1996; Lewis 2007). The second restorative action of the plan required that three sections of interior tidal creek be dredged open and in some cases enlarged in order to augment the transfer of water. Removing the constrictions present in these waterways allowed the increased inflow of water as well as enhancing the outflow of water. These adjustments enhanced the flood tide ingress and allowed for increased volume to exit on the ebb tide. The results of this work showed an almost doubling of the tidal amplitude in the upper reaches of the system. While the amplitude is still far below the levels seen in the Gulf, it is still much improved from the pre- restoration levels. Interior Flushing Channels The third restorative action of the original plan was the creation of a network of flushing cuts within the mangrove forest and die -off areas. These cuts were dug by hand throughout the system the purpose of which was to connect depressional zones and areas subject to ponding to the main waterways of the system. This allowed for tidal water to flow into and out of the forest areas much easier and further enhanced the tidal exchange that could occur. Approximately 13 miles of these channels were installed between 2000 and 2005. Biological monitoring work over the past ten years has conclusively shown that the improved drainage, which has been achieved through excavation of these small flushing cuts within the forest basin, has greatly alleviated ponding and contributed to the observed improvements in the Clam Bay mangrove` community. , e { r� r � , Ar �F Page 20 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 4.0 Resource Description and Assessment SOILS Based on the National Resource Conservation Service (MRCS) "Soil Survey of Collier County Area, Florida" (MRCS, 1998) there are 2 different soil types (soil map units) present within the NRPA boundary. It is important to understand that where the soil survey shows mapping units named for soil series, they represent the dominant undisturbed soils in that landscape that existed predevelopment. They do not recognize or appropriately interpret the drastically disturbed nature of urban landscapes created after the Soil Survey was completed. Durbin and Wulfert mucks, frequently flooded (Map Unit #40), covers approximately 66% of the NRPA. These level, very poorly drained soils are most often found in association with tidal mangrove swamps. Mapped areas can consist entirely of either Durbin or Wulfert or any combination of the two soils. Individual areas are elongated and irregular in shape and range from 50 to 1000 acres. The slope is 0 to 1 percent. The permeability of the Durbin soil is rapid and the available water capacity i high. The permeability of the Wulfert soil is rapid and the available water capacity is moderate. JWW water table fluctuates with the tide and is within 12 inches of the surface most of the year. The soil subject to tidal flooding. The natural vegetation within these areas consists of red, white d blac, mangroves. Canaveral - Beaches Complex (Map Unit #42) covers approximately 9 % of the NRPA. I * This map unit consists of the nearly level, moderately well drained Canaveral soi ridges and beaches. Individual areas are elongated and irregular in shape and range fro 300 acres. The slope is 0 to 2 percent. Typically, beaches consist of sand mixed with shell ents and shells and are subject to frequent wave action. The permeability of the Canaveral s s ra id to very rapid. The available water capacity is very low. In most years, the seasonal hi er table is at a depth of between 18 to 40 inches for 1 to 4 months. This soil is subject to tida ding under severe weather 20 Page 21 of 95 CLAM BAY NAPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 conditions. Natural vegetation consists of sea oats, sea grape, cabbage palm, and salt grasses. They are commonly invaded by exotics such as Australian pine and Brazilian pepper. CLIMATE Clam Bay's climate falls within tropical classification, more precisely the tropical wet and dry or savanna type, Aw under the Koppen system. As a consequence, there are essentially two seasons experienced. The wet season occurs in the summer, and the dry season occurs in the winter. Typical rainfall and temperature data are provided in Tables 4.1 and 4.2. In the summer the center of the trade winds shift north and moisture -laden breezes blow from the east or south -east. In winter the trade winds shift southward and the winds are less constant. Weather is then more influenced by fronts advancing from the northwest. This brings cooler conditions, although temperatures rarely reach freezing, due to the fact that they are being moderated by the surrounding waters. Cold fronts are typically preceded by winds from the southwest, which clock to the west then northwest as the front passes, with strong winds of 20 -25 knots and cooler air. In general terms, winds are predominantly southeast during the summer and northeast during the winter. Historical meteorology for Clam Bay is based on data collected for 30 years (from 1981 to 2010) from the Naples Municipal Airport by the Florida Climate Center (NOAA & FSU). The following charts present meteorological statistics for temperature and precipitation. 1981 -2010 TEMPERATUREAND PRECIPITATIONNORMALS GRAPH 110.0 100.0 90.0 �,,�.s•�..-- •� ■ :„� 80.0 70.0 .... -- s �"" s" e+'r', y�"+'" •..�� "'. Ono tt i, 40.0 5,. 30.0 a 20.0 10.0 —�.. �, .�.-• * ---- • 0.0 .Jan Mar May Jul yep Pd.�`4 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Temperature The monthly average temperatures range from 64.5 °F to 83.2 °F. The lowest monthly minimum temperature is 54.2 °F while the highest monthly maximum temperature is 91.2 °F. The data reflect a temperate climate with a narrow fluctuation in air temperature. Precipitation Average annual rainfall for the Naples Municipal Airport NOAA station is documented at 51.89 inches. The data in the table indicates the highest rainfall occurs during the summer months of June, July, August, and September. 1981 -2010 TEMPERATUREAND PRECIP/TAT%ONNORMALS CHART January 1.85 54.2 February 2.10 56.8 March 2.38 60.0 April 239 63 4 May 3.16 68.5 June 8.82 73.9 July 7.27 74.9 August 8.58 753 September /.69 /4.8 October 4.19 70.0 November 104 62.9 December 1.45 57.0 74.7 76.9 79.9 83 2 87.8 89.9 91.2 91.0 89.9 86.9 81.2 76.6 Page 23 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Winds Winds are predominantly easterly throughout the year, but with a tendency to become northeasterly from October to April and southeasterly from May to September. Wind speeds, not including storm events are, on average, below 10 knots. During the winter months when fronts move through, for a day or two at a time, winds out of the northwest to northeast may increase to about 25 knots. Sea breeze As the land surface around Naples and Clam Bay heats it in turn heats the air above it. The warm air is less dense and tends to rise creating a lower air pressure over the land than the water. The cooler air over the water then flows inland creating a sea breeze. In the evening the reverse occurs and the cooler air over the land will flow back toward the water creating a land breeze. The incoming sea breeze acts as a lifting mechanism, resulting in the warmer air rising up to higher altitudes. This creates cumulus clouds that begin to build which leads to the development of afternoon showers and thunderstorms in the area. Storms Naples and Clam Bay specifically are within the Atlantic Tropical Cyclone basin. This basin includes much of the North Atlantic, Caribbean Sea, and the Gulf of Mexico. On average, six (6) to eight (8) tropical storms form within this basin each year. The hurricane season lasts from June 1st to December 1St. The formation of these storms and possible intensification into mature hurricanes takes place over Saffir- Simpson Hurricane Scale Category Wind speed Storm surge mph ft (km/h) (m) Five Z15 OW (x25 0 131 -155 i3-1 Four (210 -249) (4.0 -5.5) 111 -130 9 -12 Three (178 -209) (2J -3.7) 96-110 6-8 Two (154 -177) (1.8 -2.4) 74 -95 4 -5 One (119 -153) (1.2 -1.5) Additional classifications Tropical 39 -73 .r 04" storm (63 -117) (0 -0.9j Wropical 0 -A resslon (0 -02) .- warm tropical and subtropical waters. Eventual dissipation or modification, averaging seven (7) to eight (8) days later, typically occurs over the colder waters of the North Atlantic or when the storms move over land and away from the sustaining marine environment. Due to the destructive nature of these storms, landfall can result in significant damage to upland development and facilities from sto surge, waves, and wind. A good example of this would Hurricane Wilma which formed in 2005. A tropical storm is defined by maximum sustained wind o f 64 knots (40 -74 mph). A hurricane has maximum susta ds that exceed 64 knots (74 mph). Hurricanes are classi ed into different categories according to the Saffir - Simpson scale. Hurricanes can also spawn severe weather such as, tornadoes as they move inland. .,_. The table below lists the number of tr is rms and hurricanes +1 —+ d thr h N 1 th t 20 a passe pug or near ap es er a pas seasons including 1992 through 2012 as reported by the National Oceanic arounospheric Administration CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 (NOAA) Coastal Services Center and Hurricane City (www.hurricanecity.com). Analysis of the available information indicates that Naples, on average, is brushed or hit by a tropical storm or hurricane once every 2.71 years and is directly hit once every 7.05 years. Table Number of Named Storms Passing through or near Naples Year # of Storms Names Strength closest to Naples 1992 1 Andrew Hurricane Cat. 3 1993 0 1994 1 Gordon Tropical Storm 1995 1 Jerry Tropical Storm 1996 0 1997 0 1998 l Mitch Tropical Storm 1999 1 Harvey Tropical Storm 2000 0 2001 0 2002 0 2003 0 2004 1 Charley Hurricane Cat. 3 2005 1 Wilma Hurricane Cat. 2 2006 0 2007 0 2008 1 Fay Tropical Storm 2009 0 2010 0 2011 0 2012 0 Vn.l wa..rte 1.n eY CQ /�w...t.Ta (Cw y; •el; .a �s.oecc -.. e.a: 24 Page 25 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 NATURAL COMMUNITIES In regards to this Section, a natural community refers to the mix of plant and animal species that form the natural basis of the Clam Bay NRPA. A combination of factors including geology, climate, hydrology, soils, and anthropogenic influences determines the specific types of plants found in any given area. These plants are a major factor in what type of animal species that may be present. The Florida Department of Transportation's Land Use, Cover, and Forms Classification System (FLUCFCS 1999) has been used to identify the plant communities found within the Clam Bay NRPA. FLUCFCS Code Community Description Upland or Wetland % of Clam Bay NRPA 181 Swimming Beach Upland 5.95 186 Community Recreation Facilities Upland 0.40 322 Coastal Scrub Upland 3.98 428 Cabbage Palm Hammock Upland 0.45 541 Bays (with connection to ocean) Wetland 23.16 612 Mangrove Forest Wetland 64.60 642 Brackish Marsh Wetland 0.04 651 Tidal Flat Wetland 1.44 911 ** included in the Bays (54 1) category Several other components of the Clam Bay NRPA ecosystem are also addressed below. These components include offshore hardbottom, oyster and other benthic faunal communities that are not specifically addressed in the FLUCFCS classification system. Additional historical information on the Clam Bay mangrove and seagrass habitats is included as appendices to the Plan. FLUCFCS Code 181- Swimming Beach Beaches form when offshore sand deposits are moved landward by wave action usually during the spring and summer. Sand, which is stirred up as the wave breaks on the shore, drops out of suspension as the water moves up the beach face. Thus, the beach becomes gradually higher, wider, and steeper: In the wintertime, larger, higher energy waves associated with winter storms overflow the beach area and stir up the sand deposited earlier in the year. The sand is pulled off the beach as the wave recedes and is deposited in an offshore sand bar. If these two forces are in equilibrium, the beach area wild, be stable from year to year. However, naturally occurring factors such as storm events, littoral drift (lateral movement of sand because waves approach the beach at an angle), and offsho kinds, upset this equilibrium and result in the ever shifting nature of the beach environment. Dunes form because of onshore wind action on beach sand. When individual grains of sand start to roll and bounce along the surface. This landward until the wind speed drops below that needed to move the sand for slowing wind speeds and causing sand to be deposited. P'ds are sufficient, e sand is transported vegetation is critical Page 26 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Landward of the highest tides, pioneer or frontal zone sites are stabilized by sand trapping action of various rhizomatous grasses and low growing shrubs that are tolerant of salt spray. Only a few plant species can tolerate the stresses of a dune environment, particularly frontal dune sites. Foredune plants must be able to survive being buried by blowing sand, sand blasting, salt spray, salt water flooding, drought, heat, and low nutrient supply. Coastal plants colonizing the dunes are key players in trapping windblown sand and preventing coastal erosion as the first defense against heavy winds and surge of tropical storms. Many plant species that occur on dune areas have developed specific attributes to help them survive these harsh environments. These include high growth rates, dense root systems, low profiles, and high flower and seed production rates. Species common on the beaches of the Clam Bay system include; Sea oats (Uniola paniculata), Seagrape (Coccoloba uvifera), and Railroad vine (Ipomoea pes- caprae). In addition to the 35 -acre Clam Pass Beach Park, south of the pass, beach habitat also extends north all the way to Wiggins Pass. There is approximately 6,250 linear feet of shoreline north of Clam Pass to the south end of the Strand community and approximately 3,250 feet of shoreline south of the Pass to the north edge of the Naples Cay community. Shorebirds feed on marine invertebrates such as coquina clams and mole crabs at the water's edge and beaches are crucially important habitat for nesting sea turtles. This particular habitat has been monitored periodically in terms of width as part of the Collier County Beach renourishment program though no conclusive statements can be made about the floral or faunal details of the ecotone over the years. Large scale generalizations based on the annual aerial photographs can be made that the overall size, composition, and health of the habitat have remained relatively stable and, with the exception of the areas immediately adjacent to the Pass, are mostly unaffected by the status of the pass. CLAM BAY NRPA MANAGEMENT PLAN (DRAF77 Pelican Bay Services Division December 3, 2013 Ver. 3.0 FLUCFCS Code 322 - Coastal Scrub Landward of the frontal (Beach) zone area is the back dune zone (also often called the shrub or scrub zone), a portion of the dune that is more stable, has greater organic matter, and supports less salt tolerant grasses and shrubs as well as some trees. Many of the woody species found in coastal scrub are low growing and shrubby due to low nutrient and droughty conditions of sandy soils. Additionally, high winds and salt spray often prune the terminal buds of the trees and shrubs growing on the dunes and result in salt - pruned, windswept canopies. Coastal scrub is represented by a conglomeration of coastal species generally found in a narrow band between the Mangrove forest and the beach areas. Species common on the beaches of the Clam Bay system include; Seagrape (Coccoloba uvifera), Cabbage palm (Sabal palmetto), Buttonwood (Conocarpus erectus) and Spanish bayonet (Yucca aloifolia). This is an important habitat as it helps anchor the back dune sands and provides habitat for several listed plant and animal species including the gopher tortoise (Gopherus polyphemus). This habitat has not been previously monitored as a part of the ongoing management of the system. There are two main topics of concern in the coastal scrub, gopher tortoise habitat management and exotic vegetation control. 2/ ON Page 28 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Scrub habitat within NRPA Boundary FLUCFCS Code 428 - Cabbage Palm Hammock This forested zone is composed of the more protected dune vegetation farthest from the ocean. In the case of Clam Bay this is represented by Cabbage Palm Hammock. This habitat is identified by the preponderance of cabbage palms (Sabal palmetto). It is generally found in pockets located between the mangrove forest and the coastal scrub or beach areas. Aside from the cabbage palms, sea grapes (Coccoloba uvifera), buttonwood, and several other hammock species are common. A hammock is a habitat that is densely shaded by a canopy of trees. Hammocks usually have a sparse groundcover that leaves the forest floor mostly open for animals to travel through. Hammocks also provide a reprieve from the sun for animals and humans alike. In Clam Bay, this habitat is also susceptible to infestation by exotic vegetation such as Australian pine and Brazilian pepper which are addressed further on in this Section. As the majority of monitoring efforts were devoted to the mangrove plots and submerged resources, the historical changes related to the status of this habitat has not been documented. The historical emphasis on the health of the Clam Bay system and the mangrove forest in particular resulted in most monitoring efforts being placed on the indicators most affected by the Pass. The primary management issue of this habitat is exotic control and preventing destructive visitor access. CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 FLUCFCS Code 541— Bays open to the Ocean The Clam Bay NRPA contains the three larger bays associated with Clam Pass (Outer, Inner, and Upper) as well as the interconnecting waterways and small open water areas. Second in extent of aerial coverage within the NRPA boundary, it is the bays and interconnections which serve as the life blood of the estuary. This open water habitat serves as the basis for many other communities. Seagrass beds, oyster bars, clam beds, and other benthic communities can all be supported to varying degrees with the open waters of the bays and interconnecting creeks. As outlined below, several of these communities are present within the Clam Bay NRPA and will be considered when deciding on management activities outlined within this Plan Multiple studies have indicated that the single most important thing that can be done to restore the health of the Clam Bay system is to improve the total tidal flushing capacity of the system. (Tackney 1996; Lewis 1996; Wilson Miller, et al 1996; Turrell 1996.) The dredging conducted within the Pass and the interconnecting channels has been seen as the major contributing factor to the restoration of the mangrove forest community within the system. ( Turrell 2008; Humiston & Moored Maintaining the flow of water through the system will be a component of this Management Plan. Tidal Passes The Clam Bay system was originally part of a larger tidal system connected to the Gulf of Mexico by three tidal inlets; Wiggins Pass, Clam Pass and Doctors Pass. During the 1950's and 60's this system was isolated from adjacent bays by the construction of Seagate Drive to the south and the construction of Vanderbilt Beach Road to the north. The practical effect was to leave Clam Pass as Clam Bay's only connection to the Gulf. The exchange of seawater between Clam Bay and the Gulf is critical to the ability of the mangrove forest to export organic matter, as well as excess salt and freshwater. It also supplies oxygen rich water and nutrients from the Gulf. The greater the tidal amplitude (or tidal prism) the greater the benefit to the mangroves — more needed resources are delivered and more wastes are removed. Conversely, in the absence of surface water circulation or tidal activity, mangroves slowly die due to deleterious changes in the sediment: 1) in the absence of oxygenated water, the sediments become anaerobic or anoxic, and 2) metabolic wastes and hydrogen sulfide accumulate i the anoxic sediment (CBRMP, 1998). Tides in the Gulf of Mexico are mixed, with the norm being two high tides and two w+�des experienced per day and normal amplitude (range) of approximately 2 feet. The highest ti d sritigs) are experienced twice per lunar month at full and new moons when the gravitational pull on the earth's surface waters is greatest. Neap tides also occur twice per lunar month wh e planetary (gravitational) influences of earth, moon and sun are perpendicular. Add Tidal Exhibit from Clam Bay Monitoring Repor� It can be seen that the health of mangrove forests is directly related to tl iency of the tidal passes. These are dynamic creeks whose location vary annually and, trated by Clam Pass, can 29 ko k4**V Page 30 of 95 10 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Black Mangrove Pneumatophores White mangroves (Laguncularia racemosa) are the third mangrove species and are often found further inland than the other two species (although zonations described are typical they can frequently vary). Since they often occur in drier areas, white mangroves do not exhibit the adaptations to soft, anaerobic soil of the other species. The bark is characteristically grooved and furrowed and leaves are oval, mid - green and leathery with two small glands on the petiole at the base of each leaf. White mangroves also flower in the spring and early summer and the small seedlings have the shortest floating dispersal stage of the three species. After the mangrove die -off, white mangroves were the initial colonizer of the die -off areas. As time has progressed, red and black mangroves have moved into the areas and started displacing the young whites. See the Mangrove Appendix for more history on the die -off and subsequent recovery over the past 15 years. NP B uttonwood ( Conocar P us erectus ) is considered a mangrove associate , usually occurring even furthe inland than the white mangrove. Small, round, brown seeds give rise to the name. This is a h species, able to withstand the full sun, high temperatures and salty conditions of coastal Florida. T e characteristics also make it an excellent and attractive landscaping plant. Buttonwoods aj& pr, e t along the interface between the mangrove and palm hammock communities in Clam Bay. Approximately 65% of the Clam Bay NRPA is composed of the three man ecies. The mangrove communities are composed of both riverine (along the creeks) and b st components. 0* 33 ktftv Page 34 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Riverine (Creeks) Mangroves On the waterward edges of small islands and the tidal creeks, passes and estuarine waterways that make up the Clam Bay system, a fringe of red mangroves will be found growing up to 25 feet in height. This zone can be just one or two trees in depth or extend landward for some distance, depending on topography. The habitat provided by the prop roots of these red mangroves is of great importance to many fish and other aquatic organisms. INSERT PHOTO OF CREEK Forests The majority of the Clam Bay mangrove habitat is low -lying basin forest where the dominant mangrove species varies between red, white, and black throughout the forest habitat. This forest community was the habitat affected by the mangrove die -off. The hand dug flushing channels were constructed throughout this community to increase the flushing capacity through tidal inundation. Mangrove habitat within NRPA Boundary FLUCFCS Code 642 - Brackish Marsh a At the interface between forested mangrove areas and the water management berm are depress' areas that have become colonized by aquatic freshwater plants such as cattails (Typha latifoli , Carolina willow (Salix caroliniana), Bulrush (Scirpus californicus), Needlerush (Juncus r dlus) and Leather fern (Acrostichum danaeifolium). Wildlife such as otters (Lutra canadiensis), gators (Alligator mississippiensis), various turtles, and wading birds can be commonly observed. These areas require regular maintenance to prevent the spread of nuisance and exotic plants i and ensure optimal functioning and interface between the natural mangrove forest and the a opment water management system. Ok 34 Page 35 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Marsh habitat within NRPA Boundary FLUCFCS Code 651 - Tidal Flats Tidal flats are flat bottomed, sub- or intertidal habitats that lack an oyster or seagrass community and are located inside the outer coastal margin. The two most significant environmental characteristics that control a flat's infauna ( benthic organisms that live within the substrate) and epifauna (benthic animals that live on the surface of a substrate) are: the height of the substrate relative to mean sea level and the sedimentary consistency of the substrate. The position relative to mean sea level dictates whether the habitat is emergent (in air) for part of a tidal cycle or how deep below the water it is. This latter characteristic controls other physical water quality measures, such as dissolved oxygen, the frequency and duration of hypoxic events, and light penetration. Firmness of the substrate affects the capacity to support an epifauna by both supporting the organism on the substrate and permitting the burrowing of the infauna. The sand and mudflats of Clam Bay are rich feeding grounds for many species of fish and wading birds. These organically rich sediments support a variety of mollusks, worms and invertebrates that scavenge detritus or, in the case of many bivalve mollusks, extend siphons at high tide and filter vast quantities of water. Birds such as a variety of herons, ibis, egrets and spoonbills pick through the sediment for the invertebrate food sources. The dredging of the pass associated with the 1998 Restoration and Management Plan resulted i increase of exposed tidal flats within the southern portion of the system. Increased tidal r resulting from the dredging allowed more area to be periodically exposed during the tidal cycle. So of the area that had supported seagrasses prior to the dredging work were converted into thdalf,*ats by the increased range and reduced phase lag. Management concerns related to the tidal flat include the templates established for the dredging, the resultant currents that could be expectas,a result of dredging, and the frequency of disturbance. 35 Page 36 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Tidal Flat habitat within NRPA Boundary FLUCFCS Code 911- Seagrass Beds Seagrasses are flowering marine plants of shallow, tropical regions. With a creeping growth form connected by horizontal rhizomes they serve to trap and anchor sediment. Both the grass blades themselves and the surface area they represent provide food and attachment for marine species and seagrass beds are renowned for their value as nursery habitats. Several areas within the Clam Bay system host seagrass beds, specificaN waterways just inside Clam Pass. Three species are commonly found inoesNe largest Turtle grass (Thalassia testudinum) with flat strap shaped le the (Halodule wrightii) with narrow, flat blades and Paddle grass (Halphi cepiej 36 0 kter Clam Bay and [am Bay waters; the smaller shoal grass r) with the smallest, Page 37 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 paddle shaped leaves. Shoal grass is by far the most common though a small area of turtle grass has persisted since the original 1998 dredging. Paddle grass is much more ephemeral in nature and diligence is required to be able to locate it during the time frames when it is present. Seagrasses rely on good light penetration to enable photosynthesis and are sensitive to reduced tidal water quality. Growing in shallow regions they are also vulnerable to physical damage by boats. A variety of marine algae can be associated with grass species, differing in the lack of a true rooting and vascular system. Several species of both brown and green alga have been observed. Seagrass coverage in Clam Bay has varied over time but has always been found predominately in Outer Clam Bay and the waterway between this bay and the Pass. A 1994 Collier County report estimated seagrass coverage at approximately 10 acres. Pre - dredge surveys conducted in 1999 estimated coverage at about 5.13 acres. Annual monitoring of seagrass beds along the monitoring transects have estimated coverage from a low of approximately 1.2 acres in 2003 to the current estimate of 2.85 acres from the 2013 survey. It should be noted that the coverage estimates are taken from along the survey transects only and do not account for other scattered grasses that may be located elsewhere in the system. Management concerns related to seagrasses include direct impacts due to recreational use and potential dredging templates, turbidity and water quality concerns related to flushing and stormwater inputs, algal infestations due to nutrient increases or flushing decreases. A history of the seagrass monitoring efforts in Clam Bay is included in the Appendix 2 attached to this report. Seagrass habitat within NRPA Bourj�ary 37� Page 38 of 95 l CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Other Benthic Habitats Oyster Bars Oysters (Croassostrea americana) are filter- feeding bivalves, which were once common within the tidal creeks of Clam Bay (Tropical Industries __). Oysters play a significant role in shaping the environment in which they live by forming a hard structure upon which an intricate biological community is built. Similar to coral reefs, oyster reefs are `biogenic' (formed by the accumulation of colonial animals) and provide structure and surface area for numerous other temporary and permanent species. Providing complex habitat structure is the most fundamental of ecosystem services that oysters provide. The structure provides a place for algae and non - mobile invertebrates to attach, as well as a place for mobile invertebrates and fishes to be protected from predators. Although the relationships between sportfish and oyster habitats are not as well studied as in other estuarine habitats such as seagrass beds, they are considered essential fish habitat. The numerous ecosystem services provided by oysters can be summarized into three general categories: habitat provision, water quality improvement, and shoreline stabilization. Oyster reefs provide habitat to a diverse array of flora and fauna. The role of oyster habitat to the estuarine food chain is highly significant, as discussed in the previous paragraph. Through their feeding process oysters filter large quantities of water which transfers energy and material from the water column to the benthic community, subsequently reducing turbidity and water column nutrients. Through bio- deposition, nutrients are made available to the flora and fauna which comprise the complex oyster bar food web. Additionally, oyster reefs stabilize sediments, shorelines and adjacent habitats by buffering wave energy, further aiding water quality. Deteriorating conditions related to closure of Clam Pass is thought to have resulted in the disappearance of oyster bars in the system; though some re- occurrence has been observed to the south of the pass in the last few years during seagrass transect monitoring. Oysters have been documented around the perimeter of Outer Clam Bay in past years monitoring efforts. .- A 2011 benthic habitat assessment conducted by the Conservancy of Southwest Florida found livin oyster clusters in the upper reaches of Northern Clam Bay (a single cluster), in the tributary be Outer and Inner Clam Bays (a single cluster), and throughout the shoreline of Outer Clam Bay. Management concerns related to oyster growth are similar to the seagrass concerns, namel p c ion from recreation users, water quality, and flushing. INSERT LOCATION MAP FOR OYSTERS 0 Hardbottom Communities 49 Another important marine habitat marginally associated with the estui stem is the hard bottom reef community found just seaward of Clam Pass. In about 10 -1 ee water a variety of sponges, 38 t Page 39 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 stony corals, gorgonians, fish and associated invertebrates can be found within a system of rocks and ledges. Outcroppings of similar habitat type occur along the length of Collier County and are a little known resource of regional significance. Hardbottom outcrop off of Clam Pass Collier County has mapped this resource through side scan sonar surveys in 2005 and 2009 as part of its beach renourishment project. The information received from the County shows that the landward edge of this habitat is located approximately 250 to 300 feet offshore from the Pass. Management concerns related to this habitat include recreation use and potential turbidity impacts resulting from dredging or other management activities within the Clam Bay NRPA. INSERT LOCATION MAP Invasive, Non - native and Problem Species In an ecological context, an invasive species is one that is aggressive in growtlanexpansion of range and tends to dominate other appropriate native species. Its establishment rd dbrnrnance can cause widespread harm to an ecological system by altering the species compositib# susceptibility to fire and hydrology of an area. Non - indigenous species (i.e., non - native or exotfqcies) are those that have 39 Page 40 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 been introduced purposefully or accidentally to an area outside their normal range. The characteristics of some of these species (high rate of growth /reproduction, no natural predators, easily dispersed, able to out - compete native species) make them invasive. Some indigenous species (a species whose natural range included Florida at the time of European contact circa 1500 AD or a species that has naturally expanded or changed its range to include Florida) may also become invasive. Invasions by native and non - native species often follow an alteration to ecosystem function, disruption of the food web, large - scale fragmentation of an ecosystem and/or disturbance (e.g., clearing, fire, drought, etc.) of an area. While some native species may become invasive, the establishment and dominance of non - native species is of particular concern. The exotic plant and animal species documented within the NRPA and those that have a potential to occur within the NRPA are discussed in the following sections. Invasive and Problem Plant Species The Florida Exotic Pest Plan Council (FLEPPC) maintains a list of exotic plans that have been documented to (1) have adverse effects on Florida's biodiversity and plant communities, (2) cause habitat loss due to infestations, and (3) impact endangered species via habitat loss and alteration. To date, 9 non - indigenous plant species have been detected within the Clam Bay NRPA which are listed by FLEPPC as Category I exotics. FLEPPC defines Category I plants as those that alter native plant communities by displacing native species, change community structures or ecological functions, or hybridize with natives. Category II plants have increase in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These definitions do not rely on the economic severity or geographic range of the problem, but rather on the documented ecological damage caused by these plants (FLEPPC 2007). One of the objectives of the Clam Bay NRPA Management Plan will be to maintain the lands free of both Category I and II exotic plants. Methodology outlining the management activities that will be used to treat exotics is found in Chapter 6 of this Plan. LISTED SPECIES t% Smalltootb Sawfish (Pristis pectinata) A juvenile smalltooth sawfish was observed in 2008 in the connector creek between Inner and Clam Bays. Smalltooth sawfish are found in the tropical and subtropical Atlantic Ocean. In t `T western Atlantic they have historically ranged from New York to Brazil, including the Gulf Mico and Caribbean Sea. Habitat destruction and overfishing have succeeded in eradicating the s Itdoth sawfish from the majority of its former range. Consequently, it survives in small pockets throughout its current range. The last remaining population in U.S. waters is off south Florida, a s I fi~nnant of a population that once ranged from New York to Texas. This sawfish primarily occurs in estuarine and coastal habitats such as bay oons, and rivers. It does at times occur in deeper waters, however, and may make crossin t9ofshore islands. It can tolerate freshwater. This fish is easily recognized by its flattened body g -like pectoral fins. The mouth is located ventrally, the eyes are positioned dorsally. The " K w approximately 25% of the O 40 Page 41 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 body's total length. It is widest at the base, with teeth more broad than long, and spaced apart. The tips of the teeth are sharp, becoming blunt over time. Dorsally, it is brownish or bluish gray body with a white underside. The maximum length recorded is 24.7 feet (7.6 m); however, a length of 18 feet (5.5 m) is considered average. The average lifespan for the smalltooth sawfish is unknown. On April 1, 2003 the U.S. National Marine Fisheries Service placed the smalltooth sawfish on the Endangered Species List, making it the first marine fish species to receive protection under the Endangered Species Act. Florida has also designated critical habitat areas to further protect its habitat. Mangrove Rivulus ( Rivulus marmoratus) This small fish has not been identified within the Clam Bay system in previous surveys or field work but the mangrove habitat is appropriate and they could be present in the upper reaches of the mangrove forest. The mangrove rivulus is primarily a saltwater or brackish water species, with limited occurrence in freshwater. Within the Everglades and along Florida's west coast, this fish occurs in stagnant, seasonal ponds and sloughs as well as in mosquito ditches within mangrove habitats. The mangrove rivulus is able to survive in moist detritus without water for up to 60 days during periods of drought, anaerobic, or high sulfide conditions. This fish can reach a maximum size of 2 inches (5 cm) in length, however it is more commonly observed at lengths between 0.4 -1.5 inches (1.0 -3.8 cm). The head and body are maroon to dark brown or tan, with small dark spots and speckling on the body, particularly the sides. The dorsal surface is always darker than the creamy ventral surface. The color of the body is reflective of the habitat, with light coloration in areas of light colored sediments and darker coloration in environments with dark leaf litter substrates. A large dark spot surrounded by a band of yellow is located at the upper base of the caudal fin in hermaphroditic individuals. Males lack this dark spot and have a red - orange cast to their flanks and fins. The mangrove rivulus was once listed as a threatened species in the Gulf of Mexico. However, recently additional surveys have revealed the existence of numerous populations. In Florida it has been downlisted to a species of special concern. In 1999, it was submitted by the National Marine Fisheries Service as a candidate for protection under the Endangered Species Act. As of yet, it has not been officially listed as endangered or threatened. x 1It The main threat to the survival of the mangrove rivulus is habitat degradation and destruction as as exposure to pollutants. Disturbances that alter salinity and temperature as well as vegetation cov may also reduce naturally occurring populations. Loggerhead Sea Turtle (Caretta caretta) Loggerhead sea turtles have been documented nesting on beaches within the Cl _,4;. lay NRPA. Loggerheads are circumglobal, occurring throughout the temperate and tropical re ' the Atlantic, Pacific, and Indian Oceans. They are the most abundant species of sea to in U.S. coastal waters. In the Atlantic, the loggerhead turtle's range extends from Newfou to as far south as Argentina. Ok 41 «a' Page 42 of 95 ,,. w CLAM BA Y NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 During the summer, nesting occurs primarily in the subtropics. Although the major nesting concentrations in the U.S. are found from North Carolina through southwest Florida, minimal nesting occurs outside of this range westward to Texas and northward to Virginia. Adult loggerheads are known to make extensive migrations between foraging areas and nesting beaches. During non - nesting years, adult females from U.S. beaches are distributed in waters off the eastern U.S. and throughout the Gulf of Mexico, Bahamas, Greater Antilles, and Yucatan. Loggerheads were named for their relatively large heads, which support powerful jaws and enable them to feed on hard - shelled prey, such as whelks and conch. The top shell (carapace) is slightly heart- shaped and reddish -brown in adults and sub - adults, while the bottom shell (plastron) is generally a pale yellowish color. The neck and flippers are usually dull brown to reddish brown on top and medium to pale yellow on the sides and bottom. In the southeastern U.S., mating occurs in late March to early June and females lay eggs between late April and early September. Females lay three to five nests, and sometimes more, during a single nesting season. The eggs incubate approximately two months before hatching sometime between late June and mid - November. Loggerheads occupy three different ecosystems during their lives: beaches (terrestrial zone), water (oceanic zone), and nearshore coastal areas ( "neritic" zone). Because of this, NOAA Fisheries and the U.S. Fish and Wildlife Service ( USFWS) have joint jurisdiction for marine turtles, with NOAA having the lead in the marine environment and USFWS having the lead on the nesting beaches. The loggerhead turtle was first listed under the Endangered Species Act as threatened throughout its range on July 28, 1978. In September 2011, NMFS and U.S. Fish and Wildlife Service listed 9 Distinct Population Segments of loggerhead sea turtles under the ESA. The population in our Northeast Atlantic Ocean Segment is listed as endangered. The agencies are currently proposing Critical Habitat designations on several areas which contain a combination of nearshore reproductive habitat, winter area, breeding areas, and migratory corridors. The Clam Bay NRPA is contained within the LOGG -N- 27 segment of this proposed critical habitat area. Gopher Tortoise (Gopherus polyphemus) Gopher tortoises and their burrows are found along the coastal strand portions of the Clam Bay NRPA' The range of the tortoise includes southern portions or Alabama, South Carolina, Louis'' Mississippi, and Georgia as well as most of Florida. ,,� Gopher tortoises are one of the few species of tortoise that dig burrows. These burrows can a to'ten feet deep and 40 feet long, and are as wide as the length of the tortoise that made it. Ina ition to providing the tortoise a home, it has been documented that as many as 350 other sp lso use the burrows including the indigo snake, Florida mouse, gopher frog and burrowing ow Gopher tortoises can live 40 to 60 years in the wild and average 9 to 11 s in length. These tortoises are superb earth- movers, living in long burrows from 5 to 45 fe ng nd up to 10 feet deep that offer refuge from cold, heat, drought, forest fires and predators. furrows maintain a fairly constant temperature and humidity throughout the year and pr t ct gopher tortoise and other 42` ."Ito Page 43 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 species from temperature extremes, drying out, and predators. The mating season generally runs from April through June and gestation for the eggs is between 80 and 100 days. The shell or "carapace" of the gopher tortoise is mostly brownish gray and the underside of the shell, or "plastron," is yellowish tan. Their front legs are shovel -like which helps them when digging their burrows. The gopher tortoise has been regulated in Florida since 1972 and has been fully protected since 1988. Despite the afforded protection, gopher tortoise populations throughout the state have declined. As a response to the continuing decline of the species, a new management plan was drafted and approved in September 2007 as a precursor to reclassifying the gopher tortoise from a "species of special concern" to a "threatened species." The threatened status was approved and went into effect on November 8, 2007. West Indian Manatee Manatees have been sighted on numerous occasions within the Clam Bay NRPA boundaries. Manatees can be found in shallow, slow - moving rivers, estuaries, saltwater bays, canals, and coastal areas — particularly where seagrass beds or freshwater vegetation flourish. Manatees are a migratory species. Within the United States, they are concentrated in Florida in the winter. In summer months, they can be found as far west as Texas and as far north as Massachusetts, but summer sightings in Alabama, Georgia and South Carolina are more common. Manatees are large, gray aquatic mammals with bodies that taper to a flat, paddle- shaped tail. They have two forelimbs, called flippers, with three to four nails on each flipper. The average adult manatee is about 10 feet long and weighs between 800 and 1,200 pounds. They eat a large variety of submerged, emergent, and floating plants and can consume 10 -15% of their body weight in vegetation daily. Because they are mammals, they must surface to breathe air. They rest just below the surface of the water, coming up to breathe on an average of every three to five minutes. It is believed that one calf is born every two to five years, and twins are rare. The gestation period is about a year. Mothers nurse their young for one to two years, during which time a calf remains dependent on its mother. Protections for Florida manatees were first enacted in 1893. Today, they are protected by the Florida,, Manatee Sanctuary Act and are federally protected by both the Marine Mammal Protection Act and th' Endangered Species Act PLANT SPECIES - List to be added based on FL UCFCS Mapping ANIMAL SPECIES The following lists of species have been observed within the Clam Bay NRPA and acent Pelican Bay development areas. These lists are not all inclusive but represent a wide V*e species found within and adjacent to the Clam Bay NRPA habitats. 71J�l Aquatic Invertebrates – Add from Conservancy Report 43 '' Page 44 of 95 Fish COMMON NAME Atlantic needlefish Barracuda Bay anchovy Blacktip Shark Blue crab Cowfish Flounder Gray snapper Great barracuda Gulf killifish Inshore Iizardfish Killifish spp. Leatherjacket Longnose killifish Mangrove snapper Mullet Mutton snapper Needlefish Permit Pigfish Pinfish Pipefish Puffer Sailfin molly Sand perch Scaled sardine Sea robin Sheepshead CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 SCIENTIFIC NAME Strongylura marina Sphyraena barracuda Anchoa mitchilli Carcharhinus limbatus Callinectis sapidus Acanthostracion quadricomis Paratichthys alb!gutta Lutjanus griseus Sphyraena barracuda Fundulus grandis Synodus foetens Fundulus spp. Oligoplites saurus Fundulus simitis Lutjanus griseus Mugil cephalus Lu Janus anatis Strongylura marina Trachinotusfalcatus Orthopristus chrysoptera Lagodon rhomboides Syngnathus spp. Sphoeroides parvus ik t' k. Poecilia latipinna ` Diplectrum bivittatum Harengula pensacolae Prionotus scitulus Archosargus probatocephal 44 f > Page 45 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Sheepshead minnow Cyprinodon variegatus Silver jenny Eucinostomus gula Smalltooth Sawfish Pristis pectinata Snook Centropomus undecimalis Spot Leiostomus xanthurus Spotfin mojara Eucinostomus argenteus Spotted seatrout Cynoscion nebulosus Tidewater silverside Menidia peninsulae Triggerfish Batistes capriscus White grunt Haemulon plumierii Whiting Menticirrhus tittoratis Reptiles and Amphibians COMMON NAME SCIENTIFIC NAME Banded water snake Nerodia faciata faciata Black racer Coluber constrictor Common garter snake Thamnophis sirtalis Eastern coachwhip Masticophis flagellum Mangrove salt marsh water snake Nerodia clarkii Mud snake Farancia abacura Red rat snake Elaphe guttata guttata Ring- necked snake Diadophis punctatus`s'_; Yellow rat snake Elaphe obsoleta G5 American Alligator � Alligator mississippiensis ` Brown anole Y,yr Anolis sagrei Eastern glass lizard Ophisaurus ventralis Green anole Anolis carolinensis Southeastern five -lined skink Eumeces inexpectatus dt% Brown basilisk lizard ** Basiliscus vittatus w Cuban knight anole** Anolis equestris. Cuban treefrog Osteopilus septentrionalis 45,. Page 46 of 95 z CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Eastern narrow- mouthed toad Gastrophryne carolinensis Eastern spadefoot toad Scaphiopus holbrookii Giant marine toad ** Rhinella marina (fka Bufo marinus) Green treefrog Hyla cinerea Oak toad Anaxyrus quercicus Southern leopard frog Lithobates sphenocephalus Southern toad Bufo terrestris Squirrel treefrog Hyla squirella Chicken turtle Deirochelys reticularia Pond (yellowbelly) slider Trachemys scripta scripta Florida redbelly cooter Pseudemys nelsoni Penninsula cooter Pseudemys peninsularis Striped mud turtle Kinosternon baurii Florida box turtle Terrapene carolina bauri Florida softshell turtle Apalone ferox Florida snapping turtle Chelydra serpentina osceola Gopher tortoise Gopherus polyphemus Green sea turtle Chelonia mydas Loggerhead sea turtle Caretta caretta Birds l COMMON NAME SCIENTIFIC NAME i American avocet Recurvirostra americana A American coot Fulica americana r American kestrel Falco sparverius'" American oystercatcher Haematopus palliatus Anhin g a Anhinga anhinga Bald eagle Haliaeetus leucocephalus Barred owl Strix varia { Belted kingfisher Megaceryle alcyon k Black skimmer Rynchops niger kAm 46 ._ Page 47 of 95 { Black vulture Black - and -white warbler Black- bellied plover Black- crowned night heron Black- necked stilt Bluejay Blue -gray gnatcatcher Boat - tailed grackle Brown pelican Brown thrasher Budgerigar Caspian tern Cattle egret Chuck - will's -widow Common grackle Common ground -dove Common moorhen Common nighthawk Common snipe Common tern Common yellowthroat Double- crested cormorant Dowitcher long - billed Dowitcher short- billed Downy woodpecker Dunlin Eastern screech owl Eurasian collared dove European starling Fish crow Forster's tern Glossy ibis Gray catbird Great blue heron CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Rynchops niger Mniotilta varia Pluvialis squatarola Nycticorax nycticorax Himantopus mexicanus Cyanocitta cristata Polioptila caerulea Quiscalus major Pelecanus occidentalis Toxostoma rufum Melopsittacus undulatus Hydroprogne caspia Bubulcus ibis Caprimulgus carolinensis Quiscalus quiscula Columbina passerina Gallinula chloropus Chordeiles minor Gallinago gallinago Sterna hirundo Geothlypis trichas Phalacrocorax auritus Limnodromus scolopaceus Limnodromus griseus Picoides pubescens Calidris alpina Megascops asio Streptopelia decaocto Sturnus vulgaris Corvus ossiagus Sterna forsteri Plegadis falcinellus Dumetella carolinensis Ardea herodias fit` y Page 48 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Great crested flycatcher Myiarchus crinitus Great egret Ardea alba Great horned owl Bubo virginianus Greater yellowlegs Tringa melanoleuca Green heron Butorides virescens Green - winged teal Anas crecca Herring gull Larus argentatus Hooded merganser Lophodytes cucullatus House sparrow Passer domesticus Killdeer Charadrius vociferus Laughing gull Leucophaeus atricilla Least sandpiper Calidris minutilla Limpkin Aramus guarauna Little blue heron Egretta caerulea Loggerhead shrike Lanius ludovicianus Magnificent frigate bird Fregata magnificens Mangrove cuckoo Coccyzus minor Merlin Falco columbarius Mocking bird Mimus polyglottos Mottled duck Anas fulvigula Mourning dove Zenaida macroura Muscovy duck Cairina moschata Northern cardinal Cardinalis cardinalis t ; Northern gannet Morus bassanus Northern parula Parula americana Northern waterthrush Seiurus noveboracensist Osprey Pandion haliaetus ... Painted bunting Passerina cirisrw" Palm warbler Dendroica palmarum" Peregrine falcon Falco peregrinus l Pied - billed grebe Podilymbus podiceps Pilleated woodpecker Dryocopus pileatus� Piping plover Charadrius melodus" Prairie warbler Dendroica discolor 48a Ckk �A Page 49 of 95 Purple gallinule Red knot Red - bellied woodpecker Red - breasted merganser Reddish egret Red - shouldered hawk Red - tailed hawk Red - winged blackbird Ring - billed gull Robin Roseate spoonbill Royal tern Ruby - throated hummingbird Ruddy turnstone Sanderling Sandwich tern Semipalmated plover Snowy egret Spotted sandpiper Swallow- tailed kite Tri- colored heron Turkey vulture Western sandpiper White ibis White pelican Willet Wood stork Yellow - bellied sapsucker Yellow- crowned night heron Yellow - rumped warbler Yellow- throated warbler Mammals CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Porphyrula martinica Calidris canutus Melanerpes carolinus Mergus serrator Egretta rufescens Buteo lineatus Buteo jamaicensis Agelaius phoeniceus Larus delawarensis Turdus migratorius Platalea ajaja Sterna maxima Archilochus colubris Arenaria interpres Calidris alba Sterna sandvicensis Charadrius semipalmatus Egretta thula Actitis macularia Elanoides forficatus Egretta tricolor Cathartes aura Calidris mauri Eudocimus albus Pelecanus erythrorhynchos Catoptrophorus semipalmatus Scolopax minor Sphyrapicus varius Nyctanassa violacea Dendroica coronata Dendroica dominica A Page 50 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 COMMON NAME SCIENTIFIC NAME Virginia opossum Didelphis virginia Eastern mole Scalopus aquaticus Brazilian free - tailed bat Tadarida braziliensis Big brown bat Eptesicus fuscus Nine - banded armadillo Dasypus novemcinctus Marsh rabbit Sylvilagus palustris Eastern gray squirrel Sciurus carolinensis House mouse Mus musculus Roof rat Rattus rattus Gray fox Urocyon cinereoargenteus Black bear Ursus americanus Raccoon Procyon lotor River otter Lutra canadensis Feral domestic cat Felis catus Bobcat Lynx rufus West Indian manatee Trichechus manatus Bottle -nosed dolphin Turciops truncatus HYDROLOGY The most critical factor for mangrove maintenance in the Clam Bay NRPA is the hydrological regime, sometimes referred to as the surface water or surficial hydrology. This is because the surficial hydrology has both horizontal and vertical components and provides key ecological functions to the mangrove forest. (Lewis, pers. comm. 2008)x' With respect to the horizontal component, incoming water (both tidal and surface water run -off) ino mangrove wetland brings with it nutrients, dissolved oxygen, and marginally lower salt cone rations. Conversely, the outgoing water leaving a mangrove wetland (through tidal exchangcq 9ves metabolic waste products (e.g., carbon dioxide and toxic sulfides) and excess salt. The ertical component refers to incoming water that percolates down into the sediment and ro - *e, and the sediment drainage, on a falling tide, which removes metabolic wastes and excess sa T It is the inflow and outflow of sea water that is critical to the ability of the m ' e forest to manage these two ecological functions and as such dissipate salts, organic matt " nd eshwater. It follows that anything that affects the system and alters the ability of the syst perform these functions, CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 will, in most instances, cause stress to the system and, at some point in time, result in the death of the system, or portions of it. The Clam Bay system was originally part of a larger tidal system connected to the Gulf of Mexico by three tidal inlets; Wiggins Pass, Clam Pass and Doctors Pass. (Turrell 1996). During the 1950's this system was isolated from adjacent bays by the construction of Seagate Drive to the south and the construction of Vanderbilt Beach Road to the north. The practical effect was to leave Clam Pass as Clam Bay's only connection to the Gulf. In 1976 culverts were placed under Seagate Drive to provide some exchange from Venetian Bay (a residential sea wall bay system) and improve water quality in the Doctors Pass area. One -way valves were placed on the pipes in 1999 but after the initial dredging event of the CBRMP, there was not enough head differential to operate the valves and they ended up acting as plugs instead. In October, 2002 these valves were removed to promote more flushing and water exchange in this southern portion of the system. Hydrologic studies indicate that the tidal flushing capacity of Clam Bay prior to the restoration dredging was limited and almost insignificant in Upper Clam Bay. The preliminary hydrographic assessment of the Clam Bay system prepared by Tackney & Associates, Inc. (August 1996) demonstrated rather dramatically that there was a significant reduction in tidal range between the middle boardwalk and Inner Clam Bay. Tackney described the flow in that area as "measurably reduced" and "very inefficient ". This connecting tidal creek is the key conduit for tidal input and outflow to the northern reaches of the Clam Bay system. And its constriction and the ancillary constriction of tributaries connection to it, impact the quantity and quality of the flushing that can occur in Inner and Upper Clam Bay. As noted earlier, it is the daily rise and fall of the tide and the exchange of seawater between Clam Bay and the Gulf that are critical to the ability of the mangrove forest to export both organic matter, and excess salt and freshwater as well as receive oxygen rich water and nutrients. The greater the tidal amplitude (or tidal prism) the greater the benefit to the mangroves — more needed resources are delivered and more wastes are removed. Conversely, in the absence of surface water circulation or tidal activity, mangroves can become stressed and, in certain instances, rapidly die due to deleterious changes in the sediment or water levels. The consequence is that the root systems wither an1k, eventually the whole tree dies. Note that the tidal exchange mechanism that is critical to the heal the mangrove forest was, within this ecosystem, seriously constrained. (Turrell 1995). Another k aspect of the surficial hydrology is the vertical location of the water level elevation rela e t, the mangrove sediment elevation. Specifically, the mean low water (tide) elevation has to be u ie�itly lower than the mangrove sediment elevation in order for mangrove sediments to drain during ow tide. A persistent high surface water elevation stops sediment drainage and results in ano 6iment and the accumulation of toxic waste products.x . It should be observed that the black mangrove forest does not require the kin ;intense flushing that is more typical of the red mangrove systems in order to maximize its pro tivi Y. However, the total absence of meaningful exchange was certainly a contributor to the cant degradation of the mangrove system within Clam Bay. ( Tackney 1996; Lewis pers. c m.` 08). )EIP, 51 € Page 52 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 In this context Tackney observed that even in the absence of rainfall, the average water surface elevations for the inner and upper bays were higher than the average surface elevation for the Gulf. Analysis of the tidal data indicated that average water surface elevations in the Inner and Upper Clam Bays were both elevated above the average Gulf water surface elevation by approximately 0.2 feet. This indicated that the tidal range in Inner and Upper Clam Bays was muted and that the system was receiving significant additional water through runoff and restricted capacity to drain additional inflow. In fact, during portions of the Tackney study no tidal fluctuation was noted in the Upper Clam Bay and only marginal tidal effects were observed in Inner Clam Bay. The reduced tidal ranges were also accompanied by relatively large phase lags. The phase lag is the average time delay measured in hours and minutes between the occurrence of slack (high or low) water in the Gulf of Mexico and the measurement stations. It is affected by both the distance between measurement stations and the amount and quality of hydraulic resistance of the connecting channel. The longer the distance and the higher the resistance, the more pronounced one would expect the phase lag to be. In the upper bays, high and low waters generally occurred over three hours later than the Gulf tides. These conditions indicate that the tidal creeks connecting the interior bays are hydraulically very inefficient. As a result, the upper bays are prone towards extended periods of flooding as a result of freshwater runoff and the inability of the system to drain efficiently. During Tackney's field studies of May 1996, rainfall of approximately 4 inches in three days was adequate to flood the Upper Clam Bay above high tide levels and sustain this flooded condition for over two days. Accordingly, he concluded that the creeks and bays that serve to connect the Inner and Upper Bays were significantly less efficient in the ebb tide stage than they were in the flood stage. Studies undertaken by both Lewis Environmental Services, Inc. and Turrell & Associates, Inc. would support this conclusion. ( Turrell 1995). Finally, an additional attribute of the system that is directly related to tidal prism and the quantity of inflow and outflow is the question of inlet stability. Inlet stability refers to a tidal inlet's capacity to ; adequately scour out deposited sediments and prevent inlet closure. For a given wave environment, I' inlet stability is governed primarily by the volume of water (tidal prism) carried by the inlet. To remain stable, an inlet must have the characteristic that a temporary constriction in cross sectional are i produces an increase in current velocities adequate to scour out the constriction. To function wit mechanical intervention, the system must generate sufficient volume off water on the ebb tide to sco out the inlet naturally, otherwise the inlet will, over time, continue to close. This is partic rl rue during periods of high wave activity and low tidal ranges. ( Turrell 1995; Tackney 19 96. six closures of Clam Pass that have occurred in the past twenty -five years indicate that stability of Clam Pass is marginal. ( Turrell 1995; Tackney 1996, Hummiston 2010). 51 Freshwater Component i Under predevelopment conditions, much of the area's rainfall was held on t rface of the land in sloughs and other low areas. This water would either slowly filter thr ` h the soil to recharge the shallow aquifer or move through the mangrove community to the ba _1 Vss than ten inches of the approximately 53 inch average rainfall is estimated to have beenjQst the uplands east of Clam 52 Page 53 of 95 O CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Bay as surface runoff. The storage capabilities of the land thus moderated surface flows, preventing extremely high flow rates during the rainy season and serving to maintain surface flow and groundwater flow during the dry season. (FDER 1981). In 1977 the Pelican Bay Planned Unit Development was established by Westinghouse Communities, Inc. The development contains a mixture of residential, retail, commercial and recreational facilities and lies east of Clam Bay. As a condition of development, Clam Bay, the area that lies west of the Pelican Bay and consists of approximately 530 acres of mixed mangrove forest and wetlands was designated as the Pelican Bay Conservation Area. As such, it was designated for conservation but with limited recreational access. This area was eventually given to Collier County and is currently classified as a Natural Resource Protection Area (NRPA) and is the subject of this Management Plan. The development of Pelican Bay had limited fill impact to the Clam Bay system, but it did modify the pattern of freshwater entering the Clam Bay system. (Wilson, Miller et.al. 1996). The stormwater management system as designed, permitted and implemented at Pelican Bay employs a series of detention ponds, swales and culverts to regulate the discharge of run -off into Clam Bay. Discharge occurs almost continuously along the eastern perimeter of the conservation area. Run -off from the northern end of Pelican Bay is collected and discharged into Upper Clam Bay. Irrigation water for 27 holes of golf and landscaping in Pelican Bay is approximately 3.0 MGD which approximates 26 inches per year of additional rainfall equivalent, (Wilson, Miller et.al., 1996). When added to the average rainfall for South Florida of approximately 53 inches per year, the local area has an effective rainfall of approximately 80 inches plus annually. This is significant, particularly when viewed in the context of predictable storm events that have the potential for altering the amount of average rainfall entering the Clam Bay system. The "Pelican Bay Water Management System — Stormwater Detention Volume and Water Budget Analysis" (Wilson, Miller, Barton & Peek, Inc. April, 1996) describes the water management system as being divided into six watersheds or drainage systems. Rainfall, including irrigation, reaches the ground and either seeps into the ground or runs off to a stormwater detention area within each system. The stormwater detention plan for Pelican Bay has a standard, permitted design capacity to hold the first inch of stormwater during a 25 -year storm event. The stormwater is detained for flood protection and water quality treatment. Stormwater discharge is controlled by a series of weirs designed such that x the post - development stonnwater run -off rate does not exceed pre- development rates. State differently, the system is designed to discharge stormwater in the development portion of Pelican �.;. in the same manner that it discharged stormwater prior to development. The stormwater dischar exits the weir system for a final release into Clam Bay. Stormwater runoff from an additional 130 acres of watersheds, outside of Pelican Bay, contributes an additional and significant volume of discharge to Clam Bay. This water represents ° ea the total stormwater discharge to Clam Bay. As the area of Pelican Bay to the east has undergone development, it has sed the impervious surface area, with a concomitant increase in surface runoff, which is e ual discharged to Clam Bay. The daily irrigation water volume enhances the saturation oft rids which reduces their ability to accommodate rainfall volume, thus effectively increasing spr and groundwater discharge. 53 Page 54 of 95 10 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Groundwater discharge can be commonly observed throughout -the eastern side of Clam Bay and is discernable as a very slight sheet flow. Where this water encounters a discharge system, even one that is not operating at peak efficiency, such as Outer Clam Bay, excess water is effectively removed from the system. However, in the northern section, sheet flow was not efficiently removed due to lack of flow through the forest. Thus, it accumulated, increasing soil saturation and raising the mean water table elevation, and apparently overwhelming the black mangrove's anaerobic soil /gas exchange mechanisms. Mangroves in these areas became stressed and died. WATER QUALITY During the initial environmental permitting of Pelican Bay, the agencies required water quality testing within the Pelican Bay subdivision and the Clam Bay estuary to help evaluate the impact of development on Clam Bay. The water quality- testing program was first implemented by Pelican Bay Improvement District (PBID) starting in the early 1980's. In 1991, PBID became the Pelican Bay Services Division (PBSD), a dependent Division of Collier County. PBSD continued the testing program after 1991. PBSD is currently the responsible entity for the testing program. The water quality testing is performed at several sample points within Pelican Bay and Clam Bay. The sample point locations are shown on Figure 1. There are currently ten sampling locations within Pelican Bay and Clam Bay. Sample points W -7, W -6, W -1, North Seagate, and Upper Clam Bay (UCB) are within Clam Bay, which are categorized as Class II waters by the Florida Department of Environmental Protection (FDEP). The remaining five sampling points are PB -13, E PB -13, P13-11, Glenview, and St. Lucia, are located in the stormwater treatment portion of the property (Class III waters) within Pelican Bay. Water quality sampling is conducted within the Clam Bay system on a monthly basis. The samples are collected by PBSD staff and transported to the Collier County Pollution Control laboratory for processing. Parameters sampled and collected, include; • Field pH • Field Temperature • Field Salinity • Field D.O. • Ammonia • Carbon- Total Organic • Chlorophyll a • Copper* (added to the parameter suite in 2013) • Nitrate - Nitrite (N) • Nitrite (N) • Nitrogen- Total Kjeldahl • Orthophosphate (P) 54 Page 55 of 95 r. Page 55 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 • Pheophytin • Phosphorus- Total • Residues- Filterable (TDS) • Silica (Si02) Add Sampling Station exhibit ARCHAEOLOGICAL RESOURCES The Florida Division of Historical Resources Master Site File lists three known archaeological sites within the Clam Bay NRPA boundary. All three are located with the mangrove forest habitat. Two of the sites (CR476 and CR547) are located north of the Pass and south of Inner Clam Bay. The third site (CR576) is located south of the Pass and north of the Clam Pass Park boardwalk. Site CR476 is identified as a prehistoric campsite and shell midden possibly supporting the use of several cultures dating from 8500 B.C. to A.D. 1700. Sites CR547 and CR576 are identified as shell middens which were in use between 1000 B.C. and A.D. 1700. All three of the sites are within the mangrove forest and outside of the footprint of any previous or future anticipated dredging activities. Management concerns related to the archaeological resources include protection from vandals /looters and protection from exotic species infestation. INLET DYNAMICS — To be added from Engineer's report(s) RECREATIONAL USE ' Clam Bay's dense forest of mangroves significantly limits walking in the preserve. Most walkers ` seeking to enjoy the rich natural environment of Clam Bay use the three boardwalks that cross the preserve and provide access to the beach. Members of Pelican Bay's homeowners association use the a` }' northern and middle boardwalks. The southern most boardwalk is open to the public and ac ec. from the parking lot at the south end of the system. Trams are used on all three boardwalks t . sort .. those choosing not to walk on the boardwalk to the beach. Kayaks and canoes are used by those wanting to enjoy the natural setting and seren' clam Bay's waterways. There is a public launching area adjacent to the parking lot at the s of the bay, and there is also a private launch for Pelican Bay residents on the northern board he canoe /kayak trail is clearly designated by canoe trail markers from Outer Clam Bay to er lam Bay. y: 55 ^ Page 56 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Fishing and swimming are also popular pastimes. Fishing can be done from the boardwalks and canoes or by wading into the water. Swimming is usually confined to the beach areas, but some swimmers and waders, if conditions permit, venture into Clam Pass. The operation of motorized watercraft in Clam Bay is restricted by Collier County Ordinance 96 -16 that requires vessels with motors to travel at idle speed with no wake throughout the Clam Bay system. The relatively shallow waterways of the system, in conjunction with the boardwalk heights, limit the size and drafts of motorized watercraft. The residents of the Seagate neighborhood immediately south of Clam Bay have historically utilized motorized watercraft in Clam Bay but this use is still subject to the County ordinance. Violation of the ordinance is a civil infraction for which a fine may be levied. Occasionally motorized vessels, including jet -skis or other personal watercraft, have been reported to be in violation of the ordinance. Efforts to identify and report violators will continue to insure that Clam Bay is not only a safe place for all its users, but that its unique environment is protected. In the future should any adverse effects on Clam Bay's natural resources or water quality be found to be related to motorized watercraft, additional management options will be explored to ameliorate these adverse effects. ,r H. t Page 57 of 95 z } c CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 5.0 Authorized Construction Activities List of permits for work undertaken to date and relevant legal framework Eighteen years ago, Collier County processed a permit to dredge limited areas of Clam Pass to facilitate the movement of tidal water in and out of Clam Bay. The FDEP permit for this activity was issued on March 28, 1996 with the companion USACOE permit being issued on April 2, 1996. The FDEP permit was modified on April 10, 1996 with the authorized work being undertaken and completed on April 17th, 1996. The practical effect of implementing this Permit was to reopen the Pass, but it was clear that without a more comprehensive strategy, this effort, standing alone, would not revitalize the Clam Bay ecosystem. A permit to improve the channel flow within defined areas of the Clam Bay system by a combination of blasting and hand excavation was issued on June 26, 1996. The work was undertaken and completed in two segments. The first channels were opened in August 1996 and the second channels were opened in November 1996. The results of these two initiatives were positive in that measurable improvements in tidal flow were discernible and with that have come improved conditions for natural revegetation. A permit was issued on January 5, 1997 to construct a portable pump and pipe system as an interim measure to divert freshwater within the Clam Bay system to the Gulf while a more permanent solution contemplated by the construction of an outfall structure was reviewed. Although this plan was never implemented and is no longer considered, it envisioned two pumps that would be operational when the water surface elevation within Clam Bay exceeded a specified threshold. The plan anticipated the direct discharge of excess water into the Gulf with the expectation that this system would augment the natural discharge through the tidal mechanism after severe storm events. Subsequently, Collier County authorized the pursuit of a ten -year permit to allow the County, or its designee (which in this case was the Pelican Bay Services Division), to maintain Clam Pass in an open condition. The application, as filed, did not address any other issues affecting the operational characteristics of Clam Bay and essentially mirrored the 1996 Permit described in the first paragraph above. Agency comments and concerns which arose as part of the permit review led to the creation o 3 , the 1998 Clam Bay Restoration and Management Plan. The Plan addressed agency concerns at %�. _ ' time and included provisions for adding flap gates to the Seagate culverts, dredging within thr sections of the creek north of Clam Pass, a network of hand dug channels throughout the for ar , in addition to the dredging of the Pass. This permit was issued in 1998 and the Management a e ted in support of the permit has been the guiding document for the maintenance activities undertaken in the Clam Bay system since then. It is anticipated that DEP and ACOE 10 -year permits will be sought in c with this new Management Plan. The permits will allow for ongoing maintenance and e ement activities to continue along with occasional, modest removal of material by dredging in discreet area of Clam Pass in order to maintain the existing tidal regime within the system. I hanges to the submitted dredging scope or other new management initiatives will be revieUe e PBSD Board and Collier 57 ` S Page 58 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 County Commissioners before seeking any additional permit(s) which may be necessary for the modified activities. Additional investigations which may be undertaken at a later date to look at, for example, faunal investigations, more in -depth water quality concerns, or other issues that may arise as a result of stakeholder discussions could also necessitate permitting which will have to be reviewed by the PBSD and BOCC prior to any such permit applications being submitted. This Management Plan is specifically tasked to maintain the improvements and benefits already realized and to insure that the restoration success observed to date is continued. The following list contains more details related to existing and historical permits issued for the Clam Bay system. Permit Details Department of Environmental Regulation Construction Permit/Certification No.: 11 -50 -3769 Date of Issue: May 23, 1979 Expiration Date: May 15, 1984 Project Description: To provide construction sites for residential development in a planned community by: placing approximately 700,000 cy of clean upland fill material onto approximately 94 plus acres of submerged lands of waters of the state landward of the line of mean high water. Department of the Army Corps of Engineers Permit No.: 00754929 Date of Issue: November 18, 1981 Expiration Date: November 18, 1984 Project Description: This permitted the filling of 75± acres of mangrove wetlands north, east and west of Upper Clam Bay and south of Vanderbilt Beach Road. Department of Environmental Regulation Modification Permit No.: 11 -50 -3769 Date of Issue: December 23, 1981 Expiration Date: November 18, 1986 Project Description: This modification extended the expiration date of the permit to November 18, 1986. Department of the Army Corps of Engineers Permit No.: 79K -0282 Date of Issue: August 2, 1983 Expiration Date: November 18, 1986 Project Description: This was an extension of the permit authorizing the filling of 7s e4' of mangrove wetlands north, east and west of Upper Clam Bay and south of Vanderbilt Beach Road, plus approximately 2 acres of mangroves at the existing Collier County beach access at bilt Beach Road. The request was reviewed and no objections were raised to the propo brk schedule; therefore, the completion date of the permit was extended for 2 years until No 8, 1986. 58; Page 59 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Department of Environmental Regulation Modification of Surface Water Management Permit No.: 11- 00065 -5 Date of Issue: December 15, 1983 Date of Expiration: Project Description: Approved modifications to 1) Revise system V, drainage area 3. 2) Construction and operation of water management system number VI. Department of Environmental Regulation Permit/Certification No: 110974055 Date of Issue: September 12, 1985 Expiration Date: September 11, 1987 Project Description: To construct approximately 2900 linear feet of 10' wide public access elevated boardwalk and pier with a 6' wide navigation access lift gate in Outer Clam Bay. Department of Environmental Regulation Permit No.: 861PT -20328 Date of Issue: December 18, 1986 Expiration Date: December 18, 1991 Project Description: Discharge f23 acres of clean fill to construct an access road. Department of Environmental Regulation Modification Permit No.: 11 -50 -3769 Date of Issue: January 7, 1987 Expiration Date: December 18, 1991 Project Description: This permit modification extended the expiration date and reduced the amount of fill in the area extending south along the coastal edge from approximately 13 acres, as permitted, to 2.43 acres in order to construct a linear access road (for The Strand in Bay Colony). Department of Environmental Protection Permit/Certification No: 112659015 Date of Issue: March 14, 1995 Expiration Date: March 14, 2000 Project Description: Re- establish the connection between the Gulf of Mexico to the Clam Bay system, by dredging from the mouth of Clam Pass and spoiling the sand over an upland beach site. Collier County Ordinance No: 96 -16 Date of Issue: April 9, 1996 Expiration Date: n/a ( <. Project Description: To impose idle speed /no wake zones in the Clam Bay system. Department of Environmental Protection Permit/Authorization No.:0128463- 001 -JC. r, Date of Issue: July 06, 1998 Expiration Date: July 06, 2008 Project Description: This Permit authorized activities to improve the hydrody Y of, and thus restore and manage, the Clam Bay ecosystem.Y. 3. 59 £. ' Page 60 of 95 "OwAw CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Department of the Army Corps of Engineers Permit No.: 199602789 (IP -CC) Date of Issue: April 1, 1998 Expiration Date: July 08, 2008 Project Description: This Permit authorized the following works: 1) Replacement of Seagate Drive Culverts and installation of one -way check valves on the culverts (pages 45 — 50 of the CBRMP). 2) Clam Pass main channel dredging for Cuts 1, 2, 3 and 4 (pages 49 — 65 of the CBRMP). 3) Excavation and maintenance of Interior Tidal Creeks (pages 65 — 71 of the CBRMP). Department of Environmental Protection Permit Modification DEP Permit No.:0128463- 001 -JC Date of Issue: December 15, 1998 Expiration Date: July 06, 2008 Project Description: This permit modification authorized: 1) an alternative to upland spoil disposal area for Cut #1; 2) an increase in the width of the channel Cut #4 through Clam Pass; and 3) alternative pipeline corridors between the dredge cuts and the disposal areas. Department of Environmental Protection Permit Modification for Permit No: 0128463- 001 -JC Date of Issue: February 16, 1999 Expiration Date: July 6, 2008 Project Description: Authorize minor revisions to the mangrove trimming procedures pursuant to site verification. Department of the Army Corps of Engineers Modification #1 for Permit No.: 199602789 (IP -CC) Date of Issue: February 26, 1999 Expiration Date: July 08, 2008 Project Description: This application requested a modification to: 1) discharge the dredge material from Cut #1 to new disposal area identified as an upland parking area; 2) increase the width of channel Cut #4; 3) remove native vegetation and excavate a portion of upland Disposal Site 42; 4) remove native vegetation and excavate a portion of upland Disposal Site #3. Issues 1 & 2 were found to be insignificant and the permit was modified. The requests regarding issues 3 & 4 were not approved at this time.. Department of the Army Corps of Engineers Modification #2 for Permit No.: 199602789 (IP -CC) x Date of Issue: March 08, 1999 Expiration Date: July 08, 2008 Project Description: This application requested a modification to: 1) discharge the dredge mater' from Cut #1 to new disposal area identified as an upland parking area; 2) increase th i of channel Cut #4; 3) remove native vegetation and excavate a portion of upland Disposal _-UMA, 4) remove native vegetation and excavate a portion of upland Disposal Site #3. The proposed modification to widen channel Cut 44 is to be done without any additional seagrass i Based on the review and coordination with FWS, the permit was modified in accordance with requests. r. .rd Page 61 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Department of Environmental Protection Permit Modification for Permit No: 0128463- 001 -JC Date of Issue: May 19, 1999 Expiration Date: May 28, 1999 Project Description: Re -grade beach fill material during the marine turtle nesting season to remove pockets of fine silty material and to remove an escarpment which may interfere with nesting marine turtles. Florida Fish and Wildlife Conservation Commission File No: 2003 - 0511 -016BS for Permit No: CO- 016 Date of Issue: March 24, 2000 Expiration Date: n/a Project Description: This Permit granted approval for placement of canoe markers in Clam Bay. Department of the Army Corps of Engineers for Permit No: 200001076 (NW -EF) Date of Issue: April 13, 2000 Expiration Date: February 11, 2002 Project Description: Approved the installation of 32 waterway markers for a canoe trail in the Clam Bay system. Department of the Army Corps of Engineers Modification #3 for Permit No.: 199602789 (IP -CC) Date of Issue: May 05, 2000 Expiration Date: July 08, 2008 Project Description: This application requested modifications to the monitoring and reporting schedule referenced on page 93 (Biological Monitoring) of DA Permit (CBRMP). The request was to submit annual reports instead of semi - annual reports. The permit was modified as requested. Department of Environmental Protection Permit for Permit No: CO -732 Date of Issue: October 25, 2002 Expiration Date: October 25, 2003 Project Description: Perform dune and beach restoration, and plant salt - tolerant native dune vegetation in association with interim maintenance dredging event. 11! Department of the Army Corps of Engineers Permit No.: 199602789 (IP -CC) Extension Date of Issue: May 8, 2008_. Expiration Date: July 08, 2009 Project Description: This Permit authorized the extension of the expiration date for a per' o one year. Department of Environmental Protection Permit/Extension No. 0128463 - 001 -JC Vx,'`'' Date of Issue: June 5, 2008 Expiration Date: July 06, 2009 Project Description: This modification extends the expiration date for a perio ne year. 61. Page 62 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Department of Environmental Protection Permit No: 11- 0128463 -005 Date of Issue: December 17, 2010 Expiration Date: December 17, 2015 Project Description: Continue maintenance activities to the hand -dug channels in the Clam Bay system originally permitted under Permit No. 0128463- 001 -JC. Department of Environmental Protection Permit No: 11- 0295193 -004 Date of Issue: November 2, 2011 Expiration Date: November 2, 2016 Project Description: Install 32 canoe trail markers and informational signage. Department of Environmental Protection Permit No: 0296087 - 001 -JC Date of Issue: August 14, 2013 Expiration Date: August 14, 2022 Project Description: Restore the alignment of Clam Pass to the previously approved location and conducting periodic maintenance dredging of a portion of the Clam Pass Channel in order to maintain tidal exchange between Clam Bay and the Gulf of Mexico. Department of the Army Corps of Engineers Permit No: SAJ- 1996 -02789 (NWP -WDD) Date of Issue: February 28, 2013 Expiration Date: March 18, 2017 Project Description: Dredging from Clam Pass and tidal creek to restore tidal exchange into Clam Bay. Department of Environmental Protection Permit Modification to Permit No: 0296087 -002 -JN Date of Issue: March 1, 2013 Expiration Date: August 14, 2022 Project Description: Modification to re -open Clam Pass 62 M1, R d.4"' <_ Page 63 of 95 t� CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Clam Bay NRPA Management Plan Amendments Studies within the Clam Bay Estuary as well as in other similar local ecosystems are either ongoing or expected to occur within the asked for time frame of this document. The Management Plan is not expected to be a static document and ongoing research and data collection related to water quality; hydrographic changes in the various areas of the system; benthic community health; mangrove community health; exotic and nuisance vegetation control; and public education will be conducted and /or collected. Conclusions, recommendations, or alternative management activities that come about as a result of studies conducted outside of the scope of this management plan will be examined and considered by the Pelican Bay Services Division and its consultants. Those modification that are found to be viable, pertinent, and economically feasible alternatives or additions allowed under the scope of this plan will be added to the plan. Those changes in management activities or new work items that are outside of the scope of the Plan but are considered important or practicable by the Pelican Bay Services Division and its consultants will be submitted to DEP and the ACOE for consideration and inclusion into this Management Plan. a 63 Page 64 of 95 S� CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 6.0 Management Plan Goals and Objectives The following goals and objectives for the management of the Clam Bay Natural Resource Protection Area were developed in accordance with the directives of the Collier County Board of County Commissioners (BOCC) and the Pelican Bay Services Division, which serves as an advisory board to the BOCC. The goals and objectives were formed in conjunction with stakeholder input and are based on the management issues present in the preserve as well as the purposes for which the land is held in public trust. The document goals set forth in this plan should not appreciable change over time but the management techniques and activities proposed may be modified based on ongoing coordination with stakeholder and user groups or when management objectives are not being met. Management concerns are addressed in the following sections along with the management techniques or activities proposed for addressing those concerns. The ability to implement specific goals or objectives presented in this plan will be based on funding and staffing availability. The following goals were identified during the stakeholder and PBSD committee meetings. Goal 1 - Provide sufficient tidal exchange to maximize benefits to the Clam Bay NRPA while minimizing negative environmental impacts. Goal 2 - Maintain and protect the native floral and faunal communities. Goal 3 - Manage and improve water quality. Goal 4 — Protect the integrity of known archaeological sites within the system. Goal 5 - Address recreational uses with emphasis on passive recreation. Goal 6 - Improve public awareness and involvement. GOAL 1 - Provide sufficient tidal exchange to maximize benefits to the Clam Bay NRPA while minimizing negative environmental impacts. A. Establish to determine when dredging is necessary. Monitoring of the Pass and internal waterways will provide information to determine if ' dredging is necessary. Bathymetric surveys of cross - sectional areas of the Pass, tide gau data, and biological indicators can all be used to indicate when dredging is needed. Dred for the tidal exchange benefits necessary to maintain or improve environmental aspects of t system will be done. Dredging for navigation or beach renourishment will not be do Wyk a.) Conduct, at a minimum, annual surveys of the Pass. b.) Maintain tidal gauges in good working order. Collect inform eriodically to insure gauges are in good working order and data los malfunctioning equipment is minimized. c.) Maintain backup gauges to minimize data loss due to ctioning equipment. 64 Page 65 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 d.) Collect annual biological information as outlined under Goal 2 for use in determining when dredging activities might be warranted, and what impacts could be associated with the dredging. B. Minimize dredge footprint(s) to the least environmentally damaging practicable alternative. Dredging should be conducted only in those areas necessary to achieve the desired flow improvements. a.) Collect current survey data and cross sectional areas before establishing the dredge footprint for each dredging event. b.) Conduct floral and faunal monitoring within and adjacent to proposed dredge footprint area(s). If unacceptable impacts will occur to floral or faunal communities, explore options to modify footprint to achieve necessary now characteristics while protecting to the greatest extent possible the other floral or faunal components. C. Maximize the dredge interval as much as possible while maintaining environmental standards. While dredging smaller amounts may be less damaging in the short term, the potential need to dredge more often may offset that benefit. Develop a scope which balances the tidal exchange benefits while minimizing the number of times dredging is needed. D. Provide for appropriate drainage of fresh water by maintaining internal creeks and modifying hand dug channels as needed. The original 1995 die -off of mangroves was due in large part to drainage problems in the upper portions of the system. Maintaining the network of hand dug channels and the ability of the upper reaches of the forest to continue to drain is important to protecting the restoration improvements which have been realized to date. a.) Conduct annual monitoring of the hand dug channels. Prioritize maintenance nee and undertake maintenance clean outs of as many areas as budget allows. b.) Conduct annual visual monitoring of the creeks connecting the three bays. Survey sections as needed if visual inspections or tidal indicators docu shoaling or blockage sufficient to adversely impact flushing capacity. c.) Coordinate with appropriate agencies as needed if condit ictate maintenance dredging is needed in interior creeks. *� 65 "� Page 66 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 GOAL 2 - Maintain and protect the native floral and faunal communities A. Establish baseline floral and faunal resource populations Conduct floral and faunal surveys as needed to document baseline conditions and establish parameters upon which future survey efforts can be compared. a.) Establish permanent vegetation monitoring plots or transects in all habitats. b.) Establish reference photo points in all habitats. c.) Create species lists to document floral components in each habitat. B. Protect Listed Species Identify listed species utilization of the NRPA. Provide buffers around nesting activities to prevent adverse anthropogenic impacts during nesting seasons. Increase public awareness as necessary through signage or other efforts to minimize adverse impacts. a.) Identify actual and potential locations of listed species. b.) Conduct species specific monitoring prior to any destructive management activity (i.e dredging, exotic removal, etc.) to insure no protected species are present. c.) Develop educational information to make public aware of the presence of listed species and what they can do to avoid adversely impacting them. d.) Explore partnership opportunities with outside sources such as the Conservancy of Southwest Florida and Florida Gulf Coast University to further investigate floral and faunal components of the system. C. Protect and maintain vegetative communities Regularly inspect habitats for _ exotic vegetation. Remove _ exotics whon ' observed without damaging integrity of native communities. Conduct periodic monitoring vf' habitats to track changes over time. Restore native plants as appropriate throughout the system. a.) Periodically inspect habitats utilizing transects, monitoring plots, and photo points established under 2.A. for consistency. b.) Remove exotic vegetation from all habitats as budget allows Eltilize contractors familiar with local species and accomplished at conducting $ *6 1ic removal from the varied habitats. Conduct pre -work surveys to identify any protected species in work area. Protect other native vegetation to the maxi T'11 ` 1extent practicable during exotic removal activities. 66 ;� W,:'' e Page 67 of 95 CLAM BAYNRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 c.) Develop educational information to make public aware of exotic vegetation and what they can do to help eliminate them. D. Protect and where possible enhance wildlife utilization of the NRPA Conduct periodic monitoring of wildlife populations including nuisance wildlife within the NRPA boundaries. Identify utilization priorities and enhance protection as needed to insure that continued use is viable. a.) Conduct periodic species or habitat specific surveys and monitoring to document wildlife use of habitats within the Clam Bay NRPA. b.) Develop strategies to minimize impacts of nuisance wildlife on habitats and native wildlife within the NRPA boundary. c.) When possible, explore habitat enhancements to promote wildlife utilization within the Clam Bay NRPA. (e.g. bat houses, nesting boxes or platforms, limited or no entry areas, etc.) d.) Explore partnership opportunities with outside sources such as the Conservancy of Southwest Florida and Florida Gulf Coast University to enhance habitats for wildlife utilization within the NRPA. GOAL 3 - Manage and improve water quality A. Insure appropriate freshwater inputs and drainage Freshwater inputs and drainage are an important factor in maintaining a healthy mangrove system. Mangroves typically thrive in estuaries, where salt and freshwater mix. The reduced salinities lessen the energetic burden involved in excreting or excluding salt while the presence l of some salt prohibits different aquatic vegetation from establishing and out - competing mangrove species.k`�; Freshwater flows into this system provide valuable flushing activities in the northern reach where tidal exchange is decreased. Freshwater flows also contribute to the Pass HA by adding outgoing flow which helps to keep the pass open. Proposed activities n HA development area which could affect flows into the system (i.e changes to stormwater management system, changes to the berm, etc.) will be examined to insure th uate flows into the estuary are maintained.& 0_5V 67 t 0.1 Page 68 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 B. Coordinate with adjacent upland developments to improve upstream inputs. Adjacent developments will be made aware of the ongoing water quality conditions of the NRPA and provided information on how they can help maintain or improve their stormwater contributions into the system. ADD INFORMATION FROM CH2 Work ?? C. Develop a monitoring program to build on past data and provide basis by which to make future water quality related decisions. Develop a long term monitoring program to track water quality conditions within the system. Include the means to track inputs into the system. a.) Continue monthly water quality data collection. b.) Examine and review data on a quarterly basis. Attempt to identify any water quality concerns in a timely manner rather than waiting for annual reviews. c.) Explore partnership opportunities with outside sources such as the FGCU or other Universities to explore water quality concerns and opportunities within the Clam Bay NRPA. GOAL 4 - Protect archaeological sites within the system A. Identify archaeological sites and protect them from impacts. and �i�de mails &gnent or Recreational a Periodically monitor sites for invasive exotics and maintain the native vegetative community. Protect sites from vandals or looting as possible. GOAL 5 - Address recreational uses with emphasis on passive recreation A. Maintain access to facilities for intended uses Conduct periodic inspections of access points and visitors facilities. Trim vegetation as needed, and as allowed by the permitting agencies, to maintain boardwalk a�ccss and open waterways for canoe and kayak passage. B. Maintain existing canoe trail Conduct periodic inspections of canoe trail signage and marke x replace or repair permitted signage and support posts as needed. Develop and provide apcanoe trail for paddlers. x� 68 Page 69 of 95 CLAM BA Y NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 C. Maintain existing signage relative to boater and swimmer use of the system Conduct periodic inspections of informational and regulatory signage. Replace or repair permitted signage and support posts as needed. Coordinate with outside regulatory agencies (FWC or Sherriff's Dept.) to enforce regulatory "No Wake" restrictions. D. Maintain existing signage or develop new signage to educate visitors Maintain and develop site specific signage or handouts to educate visitors on plant identification and general habitat information, included should be information on how to help preserve habitats and prevent unwanted impacts to the plants and animals sharing the area. E. Define responsibilities for vegetation and litter control in Clam Pass Park Coordinate with Collier County Parks and Recreation to define individual and shared responsibilities within the NRPA boundary. GOAL 6 - Improve public awareness and involvement Continue to foster stakeholder involvement through public meetings. Page 70 of 95 z s r P CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 Clam Bay NRPA Management Plan Bibliography 1. Gee & Jensen Engineers, Architects and Planners, Inc., 1978, Hydrographic Study Clam Bay System Collier County, Florida for Coral Ridge- Collier Properties Inc., report. 2. Tri- County Engineering, Inc., 1971, Tidal Datum Plane Determination for the Collier Company. Davis, R.A. Jr., Gibeaut, James C., 1990, Historical Morphodynamics of Inlets in Florida: Models for Coastal Zone Planning, Technical Paper. 4. Department of Coastal and Oceanographic Engineering, Florida Engineering and Industrial Experiment Station, University of Florida, 1970, Proposed Navigation Entrance to Clam Bay on Marco Island, Collier County, Marco Island Development Corporation, technical paper. February 1979, Environmental Assessment Northwest Fill Area for Pelican Bay, Turrell & Associates, Inc., technical paper. 6. Devlin, Donna J., Gore, Robert H., Proffitt, C. Edward, 1987, Preliminary Analyses of Seagrass and Benthic Infauna in Johnson and Clam Bays, Collier County, Florida, Natural Resources of Collier County Florida, technical paper. 7. Devlin, Donna J., Collier County Beach Renourishment Project: A Survey of the Marine Benthos, technical paper. 8. Heald, Eric J., Tabb, Durbin C., Roessler, Martin A., Beardsley, Gary L., Ward, Gerlad M., Durrance, Dallas H., Yeend, John S., 1978, Carbon Flows in Portions of the Clam Pass Estuarine System, Collier County, Florida, Tropical BioIndustries Company and Gee and Jenson, Engineers- Architects - Planners, Inc., technical paper. 9. 1994, Clam Bay Natural Resources Protection Area Management Plan Draft, Collier County t Natural Resources Department, technical paper. 10. Worley, Kathy, Hennig, Markus, July 2000, Clam Bay Mangrove Projects: Interim Summary '* of Statistical Results, The Conservancy of Southwest Florida, technical paper.,,, 11. Benedict, Mark A., Harvey, Judson W., Curran, Maura E., 1983, Part 1 Beach Mana ement Planning and Implementation Strategies at the Local Level, Natural Resources tier County Florida, technical paper. 12. Benedict, Mark A., Harvey, Judson W., Curran, Maura E., 1983, Part Beach in Collier County: A Model in Southwest Florida, Natural Resources of Coll County Florida, technical paper. 70 Page 71 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 13. Benedict, Mark A., Harvey, Judson W., Curran, Maura E., 1983, Part 3 A Resource Management Program for the Coastal Barriers of Collier County Florida, Natural Resources of Collier County Florida, technical paper. 14. October 1990, Collier County Sand Source and Environmental Report Phase II Hard Bottom Characterization, Continental Shelf Associates, Inc., technical paper. 15. Hartwell, Richard W., Hatcher, James M., Grabe, Stephen, August 1994, Clam Bay Natural Resources Protection Area (NRPA), Collier County Environmental Services Division, Publication Series NR- SP- 94 -01, technical paper. 16. Dean, R.G., O'Brien, M.P., December 1987, Florida's West Coast Inlets Shoreline Effects and Recommended Action, Coastal and Oceanographic Engineering Department and Division of Beaches and Shores Department of Natural Resources, technical paper. 17. Heald, E.J., Roessler M.A., Beardsley, G.L., 1979, Litter production in a Southwest Florida Black Mangrove Community, Reprint from Proceedings of the Florida Anti - Mosquito Association 50th Meeting, Abstract. 18. May 1970, Coastal Engineering Study of the Proposed Clam Pass Improvement, The Collier Company, Department of Coastal and Oceanographic Engineering, technical paper. 19. Sarkar, Chiranjib K., October 1972, Hydrographic Investigation of the Clam Bay System, Tri- County Engineering, Inc., Technical paper. 20. June 1979, A Comparative Study of the Water and Carbon Flows of Upper Clam Bay, Tropical BioIndustries and Missimer and Associates, Inc., technical paper. 21. Heald, Eric J., Roessler, Martin A., December 1979, Invertebrate Population Studies in the Vicinity of Upper Clam Bay, Collier County, Florida, Tropical BioIndustries, technical paper. . 22. Heald, Eric J., July 1983, Populations of Melampus coffeus and Cerithidea scalariformis West of Upper Clam Bay, Collier County, Florida, Tropical BioIndustries, Inc., technical paper. 1� Elrr (a 23. Heald, Eric J., July 1983, Fish Populations of Tidal Ponds West of Upper Clam Bay Colliery'. County, Florida, Tropical BioIndustries, technical report. 24. Crewz, David W., 1989, Clam Pass Park mangrove damage, Department of Natural Resources Interoffice Memorandum. 25. Wanless, Harold R., Risi, J. Andrew, July 1996, Observations on Barri Stratigraphy and Groundwater Flow in the Vicinity of the Mangrove Die Off Ad'ac the Strand, Pelican Bay, Collier County, Florida, Collier County Natural Resources D rtment, technical report. 26. Wanless, Harold R., February 1975, Report on the Beaches f N aw Florida, technical report. KNo 71 Page 72 of 95 CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 27. Hawkins, Mary Ellen, Obley, Ross P., "Pelican Bay -Visit and Revisit." Urban Land Vol. 40, No I L, (December 1981) 21 -27. 28. Lorenz, William, D. Jr., January 1996, Clam Bay NRPA Nutrient Reduction Program Draft, technical report. 29. Scott, Will, December 1993, "Water, Water... Everywhere what you may not know about Pelican Bay's innovative water management system." Draft- memorandum, ABB. 30. Heald, Eric J., January 1972, Investigation of Fluctuations in the Clam Bay System, Tri- County Engineering, Inc and Tropical Biolndustries, technical report. 31. Acquaviva, Daniel J., October 1993, Responses to Development of Regional Impact Questions Number 14 and 17 Pelican Marsh Community, North Naples, Florida, ViroGroup Inc./Missimer Division, technical paper. 32. Davis, Richard A Jr., Gibeaut, James, January 1990, Historical Morphodynamics of Inlets in Florida: Models for Coastal Zone Planning. Department of Geology, University of South Florida, technical report. 33. Knapp, Michael S., Burns, Wm. Scott, Sharp, Timothy S. Preliminary Assessment of the Groundwater Resources of Western Collier County, Florida. Technical publication #86 -1. February 1986. 34. "Modification of Permit No. 11- 00065 -S Pelican Bay." Pelican Bay Improvement District Staff Report. March 1983. 35. Preliminary Hydrographic Assessment Clam Bay Systems. Tackney & Associates, Inc., August 1996. 36. Hole, Montes & Associates, Inc., Post, Buckley, Schuh & Jernigan, Inc. Water Management Plan Construction Permit Application for Systems 4 and 5. Pelican Bay Improvement District, September 1982. 37. Goodrick, Robert L. "Pelican Bay — Environmental Considerations, permit No. 11 -00 - Memorandum to file, January 15, 1982. '! 38. Hermanson, George H. "Proposed Modifications to Drainage Area 3, System Y�' Hole, t, ' Montes & Associates, Inc., January 28, 1988.'` 39. "Modification of Permit No. 11- 00065 -S Pelican Bay." Pelican Bay 140 ment District Staff Report, 1983. �L 72 kho Page 73 of 95 A, CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 40. Florida. South Florida Water Management District. In Reply to Request for Modification of Surface Water Management Permit No. 11- 00065 -S." October 19, 1978. 41. Stanley W. Hole and Associates, Inc., Post, Buckley, Schuh & Jernigan, Inc. Water Management Plan Permit Application. Pelican bay Improvement District, April 1978. 42. Florida. Collier County Environmental Services Division Inlet Management Resources. Bibliography. 43. Florida. South Florida Water Management District. Application No. 04718 -C for Surface Water Management Permit Staff Report. August 1978. 44. Post, Buckley, Schuh & Jernigan, Inc. Consulting Engineers and Planners. Engineering Resort Water Management System VI for the Pelican Bay Improvement District. February 1984. 45. Wilson, Miller, Barton & Peek, Inc. Pelican Bay /Clam Bay Water Management System Contributing Areas. CAD drawings. October 1998. 46. Coral Ridge - Collier Properties, Inc. Pelican Bay A Planned Residential Community. 47. Florida. Natural Resources of Collier County Florida. Part 5 Coastal Zone Management Units: Atlas. 1984. 48. Suboceanic Consultants Inc. Naples Beach Study Report. University of Florida Coastal Engineering Archives. August 1980. 49. Wilson, Miller, Barton & Peek, Inc. Pelican Bay Mangrove Investigation, Pelican Bay Water Management System- Stormwater Detention Volume and Water Budget Analyses. April 1996. 50. Continental Shelf Associates, Inc. Collier County Sand Source and Environmental Report Phase I Hard Bottom Mapping. Coastal Engineering Consultants, Inc, October 1990. 51. Collier County Pelican Bay Services Division. Clam Bay Restoration and Management Plan. Florida Environmental Resource and Joint Coastal Permit Application, Federal Dredge and permit Application. April 1997. a,,,, 52. Missimer and Associates, Inc. Subsurface Water and Carbon Floes to Portions of the _iA SS Estuarine System, Collier County, Florida. Technical report, March 1979. 53. The Collier Company. Coastal Engineering Study of the Proposed Clam Pa ovement. Engineering and Industrial Experiment Station, College of Engineerin sity of Florida. May 1970. 54. Crewz, David W. Florida. Department of Natural Resources. CI 2 s Man rove Damage. Interoffice Memo, May 1989. t,, CLAM BAY NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 55. Wilson, Miller, Barton & peek, Inc. Figure 1 Existing Stormwater Flows on an Outgoing Tide (Diagrammatic). Map of Clam Bay. 56. Wilson, Miller, Barton & Peek, Inc. Figure 2 Proposed Expedited Conveyance Plan of Stormwater Flows on an Outgoing Tide (Diagrammatic). Map of Clam Bay. 57. Acquaviva, Daniel J. Site Specific Investigations to Obtain Hydrologic Information for the Design of Horizontal Well Systems at Pelican Bay, Ngples, Florida. Water Resource Solutions, Inc., September 1999. 58. Hole, Montes & Associates, Inc. "Evaluation of an Onsite Irrigation Water Source." The Pelican Bay Improvement District, April 1984. 59. Post, Buckley, Schuh & Jernigan, Inc. Hydrology and Geology of a Proposed New Well Field Site in North Collier, Florida. For the Pelican Bay Improvement District, March 1978. 60. Obley, Ross P., letter to Jim Ward. July 1999. 61. Gee & Jenson Engineers, Architects & Planners, Inc. "Pelican bay System VI Drainage." April 1983. 62. Wilson, Miller, Barton & Peek, Inc. "Pelican Bay." Memo to file. May 1987. 63. Florida. "Aquatic Plant Management Annual Operations Report." Florida Department of Environmental Protection Bureau of Aquatic Plant Management. January 1999. 64. Florida. "Agreement for Delivery and use of Treated Wastewater Effluent for Spray Irrigation." Official record of Collier County, Florida. Interoffice Memo. August 1996. 65. Florida. Department of Environmental Protection. "Aquatic Plant Management Permit." January 1999. 66. Davis, Richard A., Hine, Albert C., Bland, Michael J. "Midnight Pass, Florida: Inlet Instabi Due to Man - Related Activities in Little Sarasota Bay." Coastal Sediments `87, May 1987. 67. Metz, Charles. "More than Mangroves at Stake." April 1997. 68. Florida. South Florida Water Management District. "Request for Modificati `urface Water Management Permit No. 1 I- 00065 -S." Staff Report. October 1 69. Florida. South Florida Water Management District. Water Use Pkit. June 1998. 0 74 Page 75 of 95 CLAM BA Y NRPA MANAGEMENT PLAN (DRAFT) Pelican Bay Services Division December 3, 2013 Ver. 3.0 70. Hartman, P.K. "Excavation Permit No. 59.156." Collier County Water Management Department letter, March 1983. 71. Fox, Lloyd II. "Collier County- DW Spray Irrigation- Unrestricted Public Access (Residential) Groundwater Monitoring." Department of Environmental Regulation, State of Florida, letter. May 1987. 72. Florida. South Florida Water Management District. "Water Use Permit Staff Report." June 1978. 73. Florida. South Florida Water Management District. "Surface Water Management Staff Review Summary." April 1992. �c Page 76 of 95 Appendix 1 Recent History of Mangrove Management in Clam Bay Provided below is a brief, annual summary of the overall health of the Clam Bay mangrove system. This recent history of the mangrove management spans from 1999 to 2013. These summaries include key events, such as major weather occurrences, flushing channel construction and maintenance, as well as documentation of areas of improvement and calculations of die -off acreages. 1999 A total estimate of 42.67 acres dead or stressed mangroves was provided by Turrell, Hall & Associates, Inc. consisting of the main basin area adjacent to The Strand and several, smaller, discrete areas possibly attributed to lightning strikes or where slight depressional areas allow ponding and salinity /oxygen stress. Little change was noted later in the summer at the time -zero survey although most mangrove plots showed significant standing water which could be a function of the dredging work as well as tides and rains around the survey time. The main die -off area (NW Clam Bay, adjacent to The Strand) 1999 2000 A full year after the dredging work, no dramatic changes were apparent, some mangrove plots had declined; others appeared in slightly better health. Seedling recruitment was good throughout. Heavy rains in late 1999 were thought to have contributed to a dieback in groundcover noted by Lewis Environmental Services. No new mangrove die -offs or expansion of stressed areas were noted. Work planned for 2001 included the experimental Riley encasement method for mangrove propagules. Main die -off area 2000 Page 78 of 95 2001 Mapping of the die -off area was repeated and estimated to have increased in size, spreading to the north, to encompass just under 50 acres. Additionally a few new stressed areas were identified through aerial photographs. Individual plots showed some additional tree losses but consistent seedling recruitment. Channel construction in the main die -off area and close to Plot 7 is thought to have contributed to the recovery process underway, illustrated by extensive Batis and dramatic seedling recruitment. The observations generated sufficient concern amongst project managers in 2001 that a suggestion for additional flushing channel construction in the die off area was made. Main die -off area 2001 ��a Page 79 of 95 2002 Additional flushing channels were constructed in the die -off area during late 2001 and results from the 2002 surveys show that these efforts appeared to have been successful with a reduction of 12 acres made in the die -off area. Batis growth and seedling recruitment was good. The problem of exotic vegetation growth in many areas was highlighted and two new diffuse areas of stressed trees were identified. The presence of standing water and bacterial mats suggested lack of flushing was responsible. The one - way culverts installed at Seagate, thought to have reduced tidal exchange in Outer Clam Bay, were removed in October to determine whether tidal exchange between Venetian Lagoon and Outer Clam Bay could be achieved without affecting Clam Pass. Main die -off area 2002 with notable re- growth Page 80 of 95 2003 Stressed areas identified in 2002 were revisited and no changes were noted in 2003. One of the aerially depicted mangrove stress locations was found, upon groundtruthing, to actually be an infestation of exotic plant species. Of significance is a reduction in calculated die -off area to just over 17 acres total with 14 acres in this main die -off region, now classified as recovering. Main die -off area 2003 Page 81 of 95 i, 2004 Die -off acreage was estimated at 18 acres total in 2004, with the addition of a new area adjacent to the Contessa condominium building in Bay Colony and several new small lightning strike areas throughout the system. Plot 7 continues to show the most dramatic change of mangrove plots where most exhibit slow change in existing tree number, some losses, some growth and size -class change, but consistent seedling recruitment. Storm events in 2004 (Charlie, Frances, Ivan, and Jeanne) had minimal effects with some leaf loss and limb breakage. Additional flushing channels were constructed during dry season of this year. Water level monitors put in place last year were removed due to repeated equipment failures. Main die -off area 2004 Page 82 of 95 2005 Several stressed areas were noted as recovering this year including that adjacent to the Contessa building where a drainage channel was in need of maintenance and clearing, work which alleviated the problems. A new die -off area was identified near the County boardwalk and it is suggested that clogging of channels due to Hurricane Charley may be responsible. Total die -off acreage in 2005 is estimated at 24.7 acres. Plot 7 and Plot 8 continue to show significant re- growth. Hurricane Wilma in October of 2005 caused considerable leaf loss, limb breakage and leaf browning throughout Clam Bay although the constructed flushing channels alleviated extensive ponding that could have occurred and the system weathered the storm well. Work completed in 2005 included the last component in flushing channel construction. Main die -off area 2005 Page 83 of 95 2008 The 2008 monitoring report was the final report associated with the original 1998 restoration permits. Effects of the storms form 2005 still added a level of difficulty to the classification of areas within the system. While the defoliation associated with the storms had mostly recovered, falling debris affected several of the monitoring plots throughout the system. Approximately 35.4 acres of forest area have been removed from the die -off classification since the implementation of the project. Stressed areas of concern that may still be related to storm damage total or may be due to other factors (such as ponding or drying) add up to about 7.1 acres. Areas throughout the system that have not yet fully recovered but that have flushing channels and have shown marked increases in mangrove recruitment and new growth have been removed from this category (approx. 20 acres). A total of 7.3 acres of mangroves are still considered dead. This includes three main areas, the initial die -off area east of the strand where there are about 5.5 acres still dead, the damage from a tornado in the extreme north of the system accounts for about 0.8 acres, and the Hurricane Charley damage that resulted in a tidal restriction just south of the Pass accounts for about 0.75 acres. Several lightening strikes and small discrete die - offs spread throughout the estuary make up the remainder of the die -off acreage. .S Cti y`x Page 86 of 95 2010 Even though the permit requirement for monitoring reports ended with the expiration of the 1998 permits, the PBSD continued to monitor the mangrove health within Clam Bay and document the positive results within the mangrove forest. Exotic eradication activities were also continued to allow for natural regeneration of mangroves observed elsewhere in the system. Construction of the last component of the flushing channels was completed in the 2005- 06 season. Inspection of these flushing cuts this year showed that they are still operating as designed and are contributing to the continued growth of new mangroves within the system. Stress in mangrove forest areas is still apparent, although in several areas this may still be attributable to storm damage or to frost damage brought about by a couple of very cold temperature nights. The spectacular recruitment of white mangrove seedlings, now 8 to 10 feet tall saplings, throughout the original die -off area is testament to the efforts undertaken with the initial dredging and that work can be considered a success. a , 2011-2012 An infestation of boring beetles was discovered in the early months of 2011. Observations within the system and research into the life habits of many boring beetles led to the conclusion that white mangroves stressed by the sustained cold temperatures in December 2010 and January 2011 were most susceptible to the beetle attack. Cold stress reduced the abilities of these trees to fight off the boring activities and many trees succumbed to them. Yellowing leaves, leaf drop, and eventual death of the tree was the result. The dead trees were easily visible in the rooftop photos taken periodically from the Grosvenor and Montenero condominiums. Efforts to hatch beetle larva led to the identification of at least two species, a round - headed (Longhorned beetles) and a flat- headed borer (Metallic beetles). No further loss of trees was documented after 2012 as a result of the borers. White Mangroves affected by cold and borers Page 88 of 95 2013 The lack of harsh weather occurrences, hurricanes and freezing temperatures, over the past year seems to have allowed the areas impacted by the boring beetles to begin to recover. A total of 4.02 acres of mangroves are still considered dead or stressed, a significant reduction from the original die -off of over 50 acres in the late 1990's. Typical flushing channel maintenance was conducted to ensure that the channels were operating as designed and continue contributing to the growth of new mangroves within the system. Main die -off area 2013 Page 89 of 95 Appendix 2 Recent History of Seagrass presence in Clam Bay The following annual summaries provide general observations of the presence of seagrasses within Clam Bay. The 1992 Collier County Seagrass Protection Plan stated that seagrass coverage in Clam Bay was equivalent to approximately 60 acres though a later Seagrass Inventory report from 1994 clarified that seagrass coverage in Clam Bay was approximately 10 acres. Based on anecdotal information and on comparisons with other seagrass areas in the County during the same time frame, it is not presumed probable that there was an 80% decline in seagrass coverage during those two years but instead the 1992 report may have over - estimated the coverage. Approximation of 1994 Seagrass Coverage Ok Page 90 of 95 1999 Prior to the initial dredging associated with the 1998 restoration and Management Plan, seagrass acreage is estimated at 5.13 acres, restricted to Outer Clam Bay and the channel leading to Clam Pass. w 1999 Seagrass Coverage 2000 —2004 Seagrasses show a slow decline during this time frame. Water quality testing within the system does not indicate chronic degradation. The decline is attributed to the increased tidal range caused by the dredging work, which results in longer exposure at low tides of the shallow areas where seagrasses were present. The one -way culverts install Seagate, thought to have reduced tidal exchange in Outer Clam Bay, were removed <ir October 2002 to determine whether tidal exchange between Venetian Lagoon #uter Clam Bay could be achieved without affecting Clam Pass. Seagrass bed in s most portion of Outer Clam Begins to expand in 2003 after removal of flap gam. F'a 2005 An increase in the seagrass coverage within the channel transects was documented. Increased density of the beds within the bay area east of Clam Pass is also noted. 2006 Shoal grass patches are still present in ecologically significant densities within the channel north of the County boardwalk and just inside Clam Pass mouth. Sea grass beds in Outer Clam Bay are still reduced compared to the 1999 pre- dredge conditions, but their steady improvement since 2004 seems to have continued into 2006. Approximately 3.6 acres of seagrasses are noted along the transects. 2006 Seagrass Coverage oy� 4 2007 Concerns related to the seagrass coverage within the bay were raised by adjacent property owners this year and Collier County contracted an additional study by Post, Buckley, Schuh, & Jernigan Inc. (PBS &J) to investigate seagrasses and nutrient inputs within not only the Clam Bay System but also Venetian Bay, Moorings Bay and the entire Doctors Pass area. Some of the results of the PBS &J study relevant to the Clam Bay System were; • That seagrasses were present within Outer Clam Bay. Paddle Grass (Halophila engelmannii) was observed at 13 of the 30 randomly generated points within Outer Clam Bay. • That resident's concerns that seagrass coverage had declined from 60+ acres to present were unfounded as early estimates of 60+ acres were likely erroneous. • That nutrient and chlorophyll -a levels within Outer Clam Bay, had increased over the past 20 years but were still below median values for Florida estuaries. Also as a result of these increased concerns regarding seagrasses, Turrell, Hall & Associates expanded the annual seagrass survey to cover the entire bay and not just the defined transects. Additional seagrass beds and macroalgae were observed in areas were they had not previously been documented. Though all of THA observations were of shoal grass, it was noted that all of the PBS &J observations were of paddle grass. It has been observed in the past that paddle grass is very ephemeral in this system and it is likely that the 2 months between the PBS &J and the THA surveys was enough time for the paddle grass to disappear. 2008 This was the final monitoring event of the seagrasses associated with the 1998 Restoration and Management Plan permits. Increases in seagrass coverage that were noted in 2007 continued through this year. A small area of paddle grass was observed along Transect #2 which had been devoid of ki grasses in the past. Other transect areas that have been devoid of grasses until this year include the western shoreline of the channel between Clam Pass and Outer Clam Bay ( Transect 5). Seagrasses had been present along this area prior to the dredging but were replaced by black mangrove propagules when the increased tidal range led to exte> 1% drying times of the shoals where the grasses had been located. New grasses this y have been observed along the edges of the channel in areas that do not dry out so #uch during low tides. W In addition to the seagrasses, other observation made along transeccate that the biological diversity of the macro - invertebrate fauna within the to as increased. Several mollusk species including Florida horse conchs, southe d clams, stiff pen shells, tulip snails, cockles, oysters, and several others were all olved. Page 93 of 95 2012 Seagrass coverage within Outer Clam Bay has continued to increase. The initial decline noted immediately following the initial (1999) dredging activities appears to have been reverse over the past 8 years. The decrease stabilized around 2004 and has reversed in the past few years to where the grass beds are re- establishing previous areas and new areas appropriate for the grasses (in terms of water depths and light penetration) are being colonized. Approximately 4.43 acres of seagrasses were noted within the system this year. Most of the seagrass observed was shoal grass though small patches of paddle grass and turtle grass were also observed. Future monitoring of the seagrasses will be conducted to see if this trend continues. 2012 Seagrass Coverage Page 94 of 95 2013 Seagrass coverage overall totaled approximately 4.43 acres along the monitored transects within the Clam Bay system. What has been shown by the past thirteen years monitoring is that there was a decrease in the monitored seagrass beds immediately following the initial (1999) dredging activities. This decrease appears to have stabilized around 2004 or 2005 and has reversed in the past few years to where the grass beds are re- establishing previous areas and new areas appropriate for the grasses (in terms of water depths and light penetration) are being colonized. Future monitoring of the seagrasses will be conducted to see if this trend continues. 2013 Seagrass Coverage Page 95 of 95