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Agenda 04/23/2015
PELICAN BAY SERVICES DIVISION Municipal Services Taxing & Benefit Unit NOTICE OF PUBLIC MEETING THURSDAY, APRIL 23, 2015 THE CLAM BAY COMMITTEE OF PELICAN BAY SERVICES DIVISION WILL MEET AT 3 PM ON THURSDAY, APRIL 23 AT THE PELICAN BAY SERVICES DIVISION, THIRD FLOOR, SUNTRUST BUILDING, SUITE 302, LOCATED AT 801 LAUREL OAK DRIVE, NAPLES, FLORIDA 34108. AGENDA 1 . Roll call 2. Agenda approval aim-114 3. Approval of,,9124115 meeting minutes 4. Audience comments 5. Updates on the following: a. Adding oysters in Clam Bay b. Kayak safety in Outer Clam Bay c. Quotes for tidal gauges d. WQ data into STORET 6. Clam Bay monitoring a. Work order for Turrell Hall b. Vendors selected via RFP c. Change order for Turrell Hall d. Water quality analysis report e. Water quality parameters for Clam Bay and berm sites f. Quotes/bids for bathymetric surveys 7. USACE permit application a. Management plan submittal b. Public comments to date 8. FDEP permit application modification a. Maximum dredge cut in section A b. 5% silt content 9. Other 10. Adjournment ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE,WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT PELICANBAYSERVICESDIVISION.NET. 4/22/2015 10:46:21 AM CLAM BAY COMMITTEE PELICAN BAY SERVICES DIVISION SEPTEMBER 24,2014 MEETING MINUTES The Clam Bay Committee of the Pelican Bay Services Division met on Wednesday, September 24, 2014 at 2:00 p.m. at the Community Center at Pelican Bay, 8960 Hammock Oak Drive, Naples,Florida. The following members attended: Clam Bay Committee Board Susan O'Brien, Chairman (participated by phone) Ken Dawson Tom Cravens Michael Levy Joe Chicurel Dave Trecker,ex officio Pelican Bay Services Division Staff Neil Dorrill,Administrator Mary McCaughtry, Operations Analyst Marion Bolick, Operations Manager Lisa Jacob, Recording Secretary Also Present Tim Hall, Turrell, Hall &Associates, Inc. Marcia Cravens REVISED APPROVED AGENDA 1. Roll Call 2. Agenda Approval 3. Audience Comments 4. Approval of March 18, April 8,April 24 and May 14 Minutes 5. Update on Clam Bay NRPA Management Plan 6. Updates on Nationwide Permit application 7. Timeline for preparation of 10 year permit application 8. Additional copper sampling, stations, and estimated costs/Clam Bay copper 9. Suggested edits for RFP for Clam Bay related services 10. Clam Bay tidal range data from May 2013 to August 2014 11. Other 12. Next Meeting 13. Adjournment ROLL CALL 1 Clam Bay Committee of the Pelican Bay Services Division September 24,2014 Meeting Minutes With the exception of Chairman O'Brien who participated by phone, all members were present and a quorum was established. AGENDA APPROVAL Mr. Cravens motioned,Mr. Levy seconded to approve the agenda as amended with the addition of a discussion of Clam Bay Copper under Item 8. The motion carried unanimously. AUDIENCE COMMENTS No comments were received from the audience. APPROVAL OF MARCH 18 MEETING MINUTES Mr. Cravens motioned,Mr. Levy seconded to approve the Minutes from March 18 with the agreement that the Motion makers will be identified in future minutes; under Draft of Article for the Pelican Bay Post the first sentence should end with "Ms. O'Brien" and the remainder should be deleted,and under Estimated Costs and Funding,the fourth line from the end should read "Mr. Hall agreed that his costs...". The motion carried unanimously. APPROVAL OF APRIL 8 MEETING MINUTES Mr. Cravens motioned,Mr. Levy seconded to approve the Minutes from April 8 with the correction throughout the minutes of Mr. Hall's name; on Page 2 under Suggested Language,it should be noted that Kathy Worley previously provided the information to the Chair, and on line 3,the word "title" should be"tidal"; on Page 3,the sentence beginning "The necessity of collecting for both symmetry.."should read "systemetry". The motion carried unanimously. APPROVAL OF APRIL 24 MEEING MINUTES Mr. Cravens motioned,Mr. Levy seconded to approve the Minutes from April 24, with the deletion of Mr. Hall,Mrs. Cravens, Ms. Worley and Ms. Johnson's names from the first page as they were not in attendance, and the addition of Mr. Noble's name; under Agenda Approval,Mr. Levy suggested that an update be given rather than Mr. Cravens; on Page 2 under Discussion of Goal and Objectives,the first sentence should read "Ms. Poulos and Mr.Hall edited the Goal and Objectives"; on the last page under Update on Moorings Bay Citizens Advisory Committee, the last three words in the first sentence should read "if there is". The motion carried unanimously. 2 Clam Bay Committee of the Pelican Bay Services Division September 24,2014 Meeting Minutes APPROVAL OF MAY 14 MEETING MINUTES Mr. Cravens motioned,Mr. Levy seconded to approve the Minutes from May 14, with the insertion of Dr. Trecker under appearances as ex officio, and the phrase "and others" should be included under Clam Bay Stakeholders appearing; on Page 2, at the beginning of the sixth paragraph,after the words "what she felt", the words"that the 1998 plan focused on the mangroves..." should be added,and five lines below that,the Committee was referred to the"Clam Pass Inlet Management Plan"; the speaker in the last paragraph was Brad Cornell from Audubon,who should also be included in the Stakeholders designation and in the fourth line of that paragraph the phrase"sea level life" should read "sea level rise", and the last sentence should indicate that it was Mr. Cornell who suggested that Mr. Hall should craft that language to insert in the plan; on Page 3,the resident in the second paragraph should be noted as Ted Raia; four lines below that, in the sentence regarding the subsurface flow into the Bay,the next line should read, "which they have less detailed information on" and in the last paragraph, the representative of Collier County should be noted as Maura Krause of Collier County Parks and Recreation,who should also be included under the Stakeholders designation; four lines further down from that,the word "Natural" should be inserted before the words "Resource Department"; and on the second line from the bottom, after the words "since 1990",the words "sea turtles" should be added. At the very end,the sentence should read that Mr. Hall will coordinate in these areas with the County. Ms. Cravens asked that the minutes indicate that Ms. Krause had noted that the technical reports were written by the Collier County Natural Resources Department staff in the 1980s,and that she thought they should be included in the Management Plan references. The motion carried unanimously. UPDATE ON CLAM BAY NRPA MANAGEMENT PLAN The updated draft of the Executive Summary was discussed by the Committee, and the changes that were made were at the County Manager's request at a meeting with their senior environmental staff. Mr. Dorrill advised that the County staff does not necessarily want to modify the approved plan, but they do wish the BCC to receive their recommendations. He added that he is hopeful that the BCC will approve the plan as part of the hearing on this matter, and it will be at their discretion whether they accept the recommendations made by County staff for incorporation into the approved plan. Mr. Cravens motioned, Dr. Trecker seconded that the Clam Bay Committee would incorporate the recommendations made by County staff into the water quality section of the Clam Bay NRPA Management Plan for review and approval by the full Board at the October 1 meeting. The motion carried unanimously. 3 Clam Bay Committee of the Pelican Bay Services Division September 24,2014 Meeting Minutes Mr. Cravens motioned,Dr. Trecker seconded to amend the existing motion to direct Mr. Hall to include language reflecting that Clam Pass is a mixed use waterway. The motion carried unanimously. UPDATES ON NATIONWIDE PERMIT APPLICATION Mr. Hall provided a summary to the Committee of the permit application, which included a way to go forward with a letter of permission to allow Clam Pass to be re-opened should it close before the permit application review is completed,without withdrawing the ten year application. Mr. Hall continues to anticipate that Federal approval of the permit will take 12 to 15 months. UPDATE FOR TIMELINE OF TEN YEAR PERMIT Mr. Hall is moving ahead with the ten year permit, and authorization has been received for the survey. A pre-application meeting will be held with the Corps of Engineers the following week to address the components the Corps wishes to see with the initial permit application. Once that application is made to the agency, then expediting the timeframe can be looked at. The County has authorized this work and once a PO is opened in the new fiscal year,the mechanism will be in place to fund this work. Once the survey is completed and the application is put together, it is expected that it will be ready for the Board's review at the November meeting. A copy of it will be provided to the Foundation Board ahead of time for their comments as well. ADDITIONAL COPPER SAMPLING, STATIONS,AND ESTIMATED COSTS Mr.Hall provided an overview of where the nine stations would be located and the estimated costs. The reasoning for changing site locations was also explained. Dr. Trecker motioned, Mr. Cravens seconded that the recommendation be made to the full Board that the changes to the Clam Bay water quality sampling locations as presented by Mr. Hall be accepted. The motion carried unanimously. A letter of modification will be requested to maintain the flushing cuts as the sampling stations are shown on it and the new locations will have to be noted.Assuming that the Board approves these new sites, Mr. Hall will incorporate that information into the Management Plan. Ms. Cravens (Sierra Club)registered concerns about the new sampling sites. CLAM BAY COPPER Dr. Trecker provided the Committee members with a listing of average copper levels in Clam Bay broken into upper, middle and lower areas including 2011 through 2014 to date. These numbers show no significant reduction of copper levels in Clam Bay since the first 4 Clam Bay Committee of the Pelican Bay Services Division September 24,2014 Meeting Minutes DEP measurements taken years ago, but there is a slight downward trend in upper Clam Bay. The 2014 numbers show a slight downward trend in middle Clam Bay. The Committee briefly discussed the possibilities of using another lab that can calculate values under 3.0. SUGGESTED EDITS FOR RFP FOR CLAM BAY RELATED SERVICES Mr. Hall indicated that under scope of services, biological monitoring should be expanded to include faunal monitoring which would include all of the vegetative communities along with the mangroves. If it is determined that the collection and analysis of water samples will have to be outsourced, that should be included as well. The kinds of biological monitoring that will be needed will determine what vendor is selected, and Mr. Hall suggested that the Clam Bay Committee be as specific as possible with present and possible future monitoring needs in the RFP, including the water quality aspects. Mr. Hall will provide a comprehensive list of the things he feels should be included. CLAM BAY TIDAL RANGE DATA FROM MAY 2013 TO AUGUST 2014 Mr. Hall will obtain this information from Dr. Dabees and provide to the Committee as soon as it is available. NEXT MEETING DATE The next meeting was scheduled for Tuesday, October 28 at 1:00 p.m. ADJOURNMENT Mr. Cravens motioned,Dr. Trecker seconded to adjourn the meeting at 4:13 p.m. The motion carried unanimously. Susan O'Brien, Chairman 4/22/2015 10:32:06 AM 5 Attachment 4: Quotation Response Form klQS Purchase price for four(4) tidal gauges delivered and installed. Please provide any additional specifications with your submission. Item # Descri tion _.Price p Qty Unit Price Extended Price 1 Campbell Scientific Datalogger CR800 4 1122.00 4488.00 2 NEMA 4X Enclosure, 12"X 14" 4 260.10 1040.40 4 1087.32 4349.28 3 Pressure Transducer SDI-12/RS-232, Stainless Steel Airlink 3G Cell Modem, ED-VO Rev A 4 703.80 2815.20 4 (Verizon), complete with 3db Antenna with cable, 12Vdc Power Cable and Mounting Bracket. 7 20-Watt Solar Panel w/Mount, 15 Ft Cable 4 316.20 1264.80 8 12Vdc 12aH Sealed Battery w/Mount 4 114.64 458.56 9 12V Charging Regulator(-40 to+60C) 4 224.40 897.60 10 Station Integration,Wiring, Programming 4 100.00 400.00 11 On-site field installation, programming, and 4 7175.00 28700.00 training 12 Web-Page Design/hosting 4 390.00 1560.00 13 MONTHLY; Web Hosting Service 12 55.00 660.00 14 BID TOTAL 46633.84 Locher Environmental Technology, LLC Company �' Signature Kevin Locher April 10, 2015 Print Name Date 14 RFO 15-6443 Tidal Gauges Locher Proposal p. 1 Environmental Quote# LETQ1035 Date 01/30/15 P.O.Box 40 Placida,FL 33946 Sales Rep. Kevin Locher www.locherenv.com Attn: Ship To: Pelican Bay Services Division Pelican Bay Services Division Phone: Phone: Part Number Description Qty Unit Price Extended Price CR800 Campbell Scientific Datalogger 4 $1,100.00 $4,400.00 ENC12/14-TM NEMA 4X Enclosure, 12"X 14" 4 $255.00 $1,020.00 CS455-L Pressure Transducer SDI-12/RS-232,Stainless Steel 4 $1,066.00 $4,264.00 RAVEN-XTV Airlink 3G Cell Modem,ED-VO Rev A(Verizon),complete with: 4 $690.00 $2,760.00 -3dB Antenna w/Cable -12Vdc Power Cable -Mount Bracket SP20 20-Watt Solar Panel w/Mount, 15 Ft Cable 4 $310.00 $1,240.00 BP12 12Vdc 12aH Sealed Battery w/Mount 4 $100.00 $400.00 CH150 12V Charging Regulator(-40 to+60C) 4 $220.00 $880.00 SubTotal $14,964.00 SERVICES: INTEGRATION Station Integration,Wiring,Programming 4 $100.00 $400.00 FIELD-ENG On-site field installation,programming,and training 4 $3,500.00 $14,000.00 WEB-DESIGN Web-Page Design 4 $390.00 $1,560.00 WEB-HOSTING MONTHLY;Web Hosting Service 1 $55.00 $55.00 SubTotal $30,979.00 *Sales Tax $0.00 **Shipping/Handling $350.00 Total $31,329.00 Locher Environmental Technology, LLC P.O.Box 40 Placida,FL 33946 Phone:(941)697-1463 Fax:(443)347-0534 Page 1 E-mail:info@locherenv.com WORK ORDER Agreement for Fixed Term Environmental Biological Studies Dated April 26, 2011 (Contract #10-5571) This Work Order is for professional environmental consultant services for work known as Clam Bay Monitoring and Maintenance The work is specified in the proposal dated October 31, 2014, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order is assigned to Turrell, Hall and Associates, Inc. Scope of Work: Task I - Annual Biological Monitoring Task II — Seagrass Monitoring Task III — Tidal Data Collection, Analysis and Hydrographic Reporting Task IV — Water Quality Data Coordination and Analysis Task V — Water Level Data Collection Task VI — Annual Report Preparation and Submital Task VII —Annual Report Presentation Task VIII — Hand Dug Channel Inspections and Maintenance IX - Additional consultant services; meeting attendance, site investigation and research field observation and reports. Schedule of Work: Complete work within 465 days from date of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "B" of the Agreement). (List all Tasks) Task I $ 22,250.00 (Lump Sum) Task 1I $ 4,680.00 (Lump Sum) Task III $ 28,750.00 (Lump Sum) Task IV $ 5,520.00 (Lump Sum) Task V $ 9,770.00 (Lump Sum) Task VI $ 11,215.00 (Lump Sum) Task VII $ 3,600.00 (Lump Sum) Task VIII $ 10,400.00 (Lump Sum) Task IX $ 15,000.00 (Time and Material) Reimbursables $ 1,000.00 TOTAL FEE $ 112,185.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. 11/7/2014 APPROVED BY: Marion Bolick, Operations Manager Date ACCEPTED BY: Turrell, Hall and Associates, Inc. /1/OU Authorized Company Officer Date —10,17-/t;/ i/A'-'- U:aL nom :dui' Type or Print Name and Title C C 0 0 0 . W W CD m C -n n .�may d CO m D co m a1 m —I N m •t i g fi 71 n < CD 7 cD , CD = 7 CD c ; co 7 ¢' m 20 B w V in 3-o 3 o m ca 3 < D co o x 7 CO n 7 (lD co p N O VNi V CD 5 '1.) m C �' �' w »- 3 o. 5' So 0D 93 7 m d m v v = 0 0 um, cQ 7 m m 93 fD Q n CO 0 ..w n 7 N co 7 • Et_ n, N o — m N 7 a' .N. n o 1- (p " O 7 to N c �, n T ca n N n N 7 C 0 co o n m 5 r► 7- 7 C O Q o Cb (o N 7 n 0 3 3 0 z (n 03 V . N 0) N W -) 7 Z. z' 0 O C o la T.' O co N -a w N C 5. CD V N N CD N CO _ O0 Ch 03 V CA O .1 W N -.a. 77 Cr.. �, D3 O N W n 0 j (Q O 3 o n s3 CD 0 01 CO V Vf . -1. N CO W v 3 m 0 z 0 N a. U1 V CO 01 .P. (9 Cl N -' m N N .l N V V A A CJ CA) 01 :I N �I V C'') N IV -" 2 01 01 01 01 CA 01 CT 01 01 N CO V 07 CT A N N Co Co 0 0 0 0 Co 0 0 co co 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 W N N N o' CO V CA CT A W - N .� • o 0 _T 7 _1 N - --„ TURRELL, HALL & ASSOCIATES, INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue,Suite B•Naples,Florida 34104-3732•(239)643-0166•Fax 643-6632•thall @turrell-associates.com March 27,2015 Mr.Neil Dorrill Pelican Bay Services Division 801 Laurel Oak Drive,Suite 605 Naples,FL 34108 Re: Proposal for Professional Environmental Services Request for Addendum to Task IX(Additional Services) Clam Bay Biological Studies(Contract 10-5571)-Fiscal Year 2014-2015 Dear Mr.Dorrill: With all the additional time we have been spending on water quality and management plan issues/meetings beyond our normal expected hours the annual miscellaneous services Task DC will be depleted once our billing has been completed for the months of January and February(bill in process now). As such,and due to other expected services outside our normal scope already on the horizon,we are requesting a monetary addendum to Task IX. Services we foresee through September include: • Attendance of two(2)meetings per month. - • A littoral planting plan,drawings and coordination for Agnoli,Barber&Brundage. • Miscellaneous water quality coordination with the new lab and PBSD. • Shorebird monitoring. • Continued monthly site inspections. • Miscellaneous requests of the Board. Based on expected hours to be spent on the above listed tasks,we are requesting the budget for Task IX to be increased by$18,400 to cover March through September 30th services,bringing Task IX to$28,400.00 for this fiscal year. Please feel free to call me with any questions. Sincerely, , - --)"/" Timothy C.Hall Vice President 2 Ino Je d 4-v cN k,.,4- er -LPL. C.,:t f,y l._f014.1t. Procurement Services ,,�•> .� Change Order Form ❑Contract Modification ®Work Order Modification ❑Amendment Contract#: 10-5571 Change#: 1 Purchase Order#: 4500155524 Project#: 51100.1 Contractor/Firm Name: Turrell Hall&Associates Project Name: Clam Bay Monitoring and Maintenance Project Manager Name: Marion Bolick Department: Pelican Bay Services Division Original Contract/Work Order Amount $ 112,185.00 Original BCC Approval Date; Agenda Item # Current BCC Approved Amount #N/A Last BCC Approval Date; Agenda Item# Current Contract/Work Order Amount $ 112,185.00 #N/A SAP Contract Expiration Date (Master) Dollar Amount of this Change $ 18,400.00 16.40% Total Change from Original Amount Revised Contract/Work Order Total $ 130,585.00 #N/A Change from Current BCC Approved Amount Cumulative Changes $ 18,400.00 16.40%_ Change from Current Amount Completion Date,Description of the Task(s)Change,and Rationale for the Change Notice to Proceed 11/12/2014 Original 12/17/2015 Last Approved Revised Date Date Completion Date Date (Includes this change) #of Days Added 0 Select Tasks ❑Add new task(s) ❑Delete task(s) ❑Change task(s) ®Other(see below) Provide a response to the following: 1.)detailed and specific explanation/rationale of the requested change(s)to the task(s)and/or the additional days added(if requested); 2.)why this change was not included in the original contract;and,3.) describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if needed. Due to additional time spent on water quality and the Clam Bay Management Plan an ilncrease to Task IX is necessary due to other expected services outside the normal scope for this PO. The following tasks are the reasons for the increase in Additional Services that were not part of the original monitoring proposal and work scope: •Attendance of two(2)meetings per month. A littoral planting plan,drawings and coordination for Agnoli,Barber&Brundage. •Miscellaneous water quality coordination with the new lab and PBSD. •Shorebird monitoring. Continued monthly site inspections. Miscellaneous requests of the Board. These tasks are essential to the successful administration of the Clam Bay NRPA Management Plan approved by the BCC 1/13/2015. Prepared by: Date: Marion Bolick,Operations Manager,Pelican Bay Services Division Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the same terms and conditions as contained in the contract/work order indicated above,as fully as if the same were stated in this acceptance. The adjustment,if any,to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/Vendor/Consultant/ Design Professional arising out of or related to the change set forth herein,including claims for impact and delay costs. Accepted by: Date: Timothy C.Hall,Vice President, Turrell Hall&Associates,Inc. Approved by: Date: (Design Professional and Name of Firm,if project applicable) Approved by: Date: (Procurement Professional (Divisions who may require additional signatures may include on separate sheet.) Revised:10/28/2014 �AS U /e-gar Recommendations 1 1011 • The water quality monitoring program for the Class II waters of the Clam Bay estuary should revert back to the station locations that were used to develop NNC guidance in FAC Chapter 62-302.532 • The water quality monitoring program for the Class Ii waters of the Clam Bay estuary should revert back to the water quality parameters used to develop NNC guidance in FAC Chapter 62-302.532,and which are now used to characterize DO levels(FAC Chapter 62-302.533). The list of additional water quality parameters include the following: o Calculation of values of Total Nitrogen,in addition to its component parts o Recording levels of specific conductance.in addition to salinity o Recording concentrations of dissolved oxygen in units of percent saturation,in addition to mg/ liter • To offset the cost of these additional analyses.the monitoring program should consider dropping the following parameters.which may be of some interest,but do not have associated regulatory implications: o Silica o Total organic carbon o Total dissolved solids(TDS) • For freshwater stations throughout Pelican Bay,ensure that levels of hardness continue to be concurrently determined when collecting samples for copper • For both freshwater and marine stations,compare copper values in terms of both raw concentrations,and also in terms of percent exceedance with relevant criteria,as outlined in FAC Chapter 62-302.530 • For freshwater stations,calculate TN values and compare both TN and TP concentrations to the locally- derived downstream protective values that were developed for Clam Bay • For the marine waters of Outer,Inner and Upper Clam Bays.record conductivity values for all stations where TN and TP were collected.and develop bivariate plots of TN vs.conductance and TP vs. conductance o Using the bi-variate plots described above,determine if future data are consistent with the established NNC guidance,as in FAC Chapter 62-302.532 While it appears that the Clam Bay estuary is not impaired for nutrients,the current water quality monitoring program uses stations that over-represent the most nutrient-rich locations,which could give rise to a determination of impairment. In general,the draft Plan includes statements related to the status of water quality in the Class II waters of Clam Bay and the Class III freshwater stormwater treatment ponds that are overly-simplistic. Overly generalized characterizations(e.g.,`No evidence of nutrient loading has been observed..."in the draft Plan are inconsistent with the detailed guidance that was previously funded by Collier County,developed for Clam Bay.and then adopted by both FDEP and the US EPA. For copper,additional assessments of management practices in Basin 6 might provide useful information on how to reduce copper levels in both the stormwater ponds in Pelican Bay and the marine waters of Clam Bay. 11 TURRELL, HALL & ASSOCIATES, INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue,Suite B •Naples,Florida 34104-3732 • (239)643-0166 • Fax(239)643-6632 LETTER OF TRANSMITTAL TO: Brianne McGuffie FROM: Tim Hall DATE: February 3,2015 JOB: Clam Bay We are sending you the attached items listed below via: ❑ U.S Mail ❑ Priority Mail ® Courier ❑ Fed-Ex/UPS ❑ Hand Delivery ❑ Other Quantity Description 1 Copy of Clam Bay Management Plan 1 CD of Clam Bay Management Plan They are transmitted as checked below: ❑ For approval ® For your use ® As requested ❑ Returned for corrections ❑ For bids due ❑ For review and comment REMARKS: ORM Permit Decisions v1.0-Pending Individual Permit Appllcatlons IA s of p 6 10 - c�r j)., 6), n��e 4/17/15,7:58 PM P2 rrni-f C pace.1jy7. thFite. Qecer led 5HJ[u'ro INDIGO ISLES Indigo Isles Moil 6 Home Letter of Jacksonville 00020 N/A 17-FEB-2015 MOBILE HOME PARK Park/Fishing Pier Permission MMB SAJ-2014- Hialeah Standard Jacksonville 02329 - Communities/Dredge and Permit 17-FEB-2015 13-FEB-2015 fill Scott Cannard-DMS DMS Real Estate SAJ-2014- Real Estate Letter of Jacksonville 03521-LSL Development and Development and Permission N/A 13-FEB-2015 Management Management/Rish Park Neil Dorrill-Collier County c/o Pelican Jacksonville SAJ-1996- Bay Services Division, Clam Pass/Clam Bay Standard 20-FEB-2015 12-FEB-2015 02789-BEM Neil Dorrill-PELICAN Permit BAY SERVICES DIVISION SAJ-1996- WHITE OAK Standard Jacksonville 00660 PLANTATION White Oak Plantation Permit 18-FEB-2015 12-FEB-2015 SAJ-2013- Allison Megrath-Plum Plum Creek Land Standard Jacksonville 01352 Creek Company/North FL Permit N/A 12-FEB-2015 Intermodal Park fill BURNS,MICHAEL/ SAJ-2014 WEST SUNRISE BLVD/ Standard Jacksonville 02163 MICHAEL BURNS FT LAUDERDALE/ Permit 13-MAR-2015 12-FEB-2015 RELOCATION OF 2 RETENTION LAKES Jay Roth-Miami Beach Miami Beach Jewish Jacksonville SAJ-2009- Jewish Community Community Letter of N/A 11-FEB-2015 01824 Center Center/Galbut Family permission Jacksonville SAJ-2014- Zeisloft Eric-Zeisloft Zeisloft,Eric(Woodys)I Letter of N/A 10-FEB-2015 03305 Investment LLC Dock Replacement Permission SAJ 2014- Novov,Sergey/Dock Letter of Jacksonville 02685- SERGEY NOVOV and Lift Permission N/A 10-FEB-2015 MMB SAJ-2014- INTERMODAL Standard Jacksonville 00804- - LOGISTICS CENTER/ Permit 10-FEB-2015 10-FEB-2015 MGH 933 ACRES/POLK BYRNE. DON& SHELLY/a.k.a DMB SAJ-2005- Don Byrne-DMB Letter of Jacksonville 04150 Investment Trust Investment Permission N/A 09-FEB-2015 Trust/Johnson, Ned/The Shores Mark Hammond Southwest Florida WMD/ SAJ-2014- Aquatic Vegetation Standard Jacksonville 02314 Southwest Florida Restoration Homosassa Permit 06-APR-2015 04-FEB-2015 • Management District Spgs • • SAJ-2010- Teresa Allen-City of Lake Wales,City of/ • Jacksonville 02542- Lake Wales,Public Lake Wales Municipal Standard 05-FEB-2015 03-FEB-2015 . MGH Services Director Airport Runway Permit Extension/Polk SAJ-2014- Fernando Coronet Velauno Condado Letter of Jacksonville 03569 Velauno Lagoon Inflatable Permission N/A 30-JAN-2015 Floating Waterpark Jacksonville SAJ-2014- Joseph Griffin- Sebastian City of- Letter of N/A 30 JAN 2015 03189 Sebastian City Fishermans Landing Permission row(s) 31 - 60 of 471 JI http://geo.usace.army.mil/egis/f?p=340:6:16786218126132:pg_R 19...733425210323:NO&pg_min_row=31&pg_max rows=30&pg_rows_fetched=30 Page 2 of 2 CUNNINGHAM FAMILY NAPLES,FLORIDA / M.JASON CUNNINGHAM E C E I V E DATNER E(UNNINGIIAni MAR 2 0 2015 Ft. Myers Reg.Offic-i March 13, 2015 District Engineer Via U.S. Mail Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919 Re: Opposition to the Inadequate Proposed Dredging in Permit Application, SAJ-1996- 02789 (SP-BEM) Dear District Engineer: The proposed dredging in the above referenced permit application is insufficient to adequately protect the resources and utilization of Clam Bay. We ask that the Army Corps deny the proposed dredge. A permit should require deeper, wider, and comprehensive dredging to properly protect Clam Bay. Introduction As background to the purpose for our submission of this comment, for the last three years our full-time home has been located on the waters of Clam Bay. Our family of four uses Clam Bay for paddle boarding, fishing, and small boating activities. In the time that we have lived here, improper dredging has lead to observable damage to Clam Bay, both in terms of utilization and natural resources. The Proposed Plan Will Not Adequately Protected the Natural Resources of Clam Bay Since 2012, lack of proper maintenance by the applicant allowed Clam Pass to close completely and repeatedly. Most recently, it completely sealed until dredging by the applicant occurred in March of 2013. While the pass was effectively closed for several months, the water's color changed, strong odors arose, and members of our family experienced red-tide like symptoms, with difficult breathing, burning eyes, etc. Large numbers of fish died and District Engineer -2- March 13, 2015 U.S.A.C.E. floated to the surface; all oysters that lived on our seawall died. Three years later, we do not see any living oysters on any seawalls in the neighborhood, and there are no observable sea grass beds. Allowing the pass to close damaged the observable ecosystem's natural resources. We need a long-term solution and better dredging to prevent further damage and restore Clam Bay, not reactionary, short-term, inadequate dredges. Admittedly, we are not qualified to indicate all of the environmental damage and continuing risks that have resulted and will result from this plan, but would be willing to provide you a tour of our home, neighborhood, and the bay so that you may confirm what we have observed and described. The Proposed Plan Will Not Adequately Protected Longstanding Utilizations of Clam Bay The proposed dredging plan not only fails to protect the natural environment, but also fails to recognize longstanding utilizations of the resource. Our home and neighborhood are located directly on the waters of Clam Bay, but we are not drawn within the 'areas marked as affected in the attachments to the proposed dredging plan. Accordingly, the proposal fails to indicate or consider negative impacts upon existing land use, navigation, and other longstanding utilizations of Clam Pass and Clam Bay. Our home is impacted by the poor dredging, all day, every day. The Proposed Plan's Failure Is Already Well Documented The currently proposed dredging plan has been tried and has failed. In March of 2013, the same applicant who now comes before the U.S.A.C.E seeking approval for this permit received a limited permit to conduct the exact same dredging that is proposed in the attachments to the present application, SAJ-1996-02789. When implemented in 2013, this plan failed nearly immediately. Dredging was completed in mid-March of 2013. (See photo #1) However, the pass completely closed within one month and had to be re-dredged. (See Photo #2) By fall of 2014, the pass was closing, again, so neighbors, tourists, and county residents hand-dug openings using shovels to prevent complete closure. (See Photo #3) Flow has remained inadequate. Shoals have developed in Clam Bay that did not exist, water quality remains observably poor, and damaged wildlife have not returned These facts are well-documented in the local newspaper, The Naples District Engineer -3- March 13, 2015 U.S.A.C.E. Daily News, which your office can review online at: http://www.naplesnews.com. See Attached Comments from Penny Taylor. Recently, an elected county official further confirmed the plan's inadequacy, raising issues beyond our own personal comments, herein. Conclusion Please deny the proposed permit application as inadequate and consult with the most knowledgeable agencies to develop a proper dredging plan for a long-term solution that protects all factors relevant to this evaluation, including the use, navigation, recreation, and water quality factors that have been excluded by the current permit application. Again, review of the application's maps will show that our home, our neighborhood and the community of Naples Cay live on Clam Bay but have been drawn outside of the affected boundaries within the permit application. We do not intend for this submission to speak on behalf of our neighborhood or any other stakeholders. We have family and friends who live in the neighborhood of Pelican Bay, and we are hopeful that our communities can work together to improve the plan for this common and cherished water resource. If you have any questions or comments, please do not hesitate to contact us. Very truly yours, M. Jason Cunningham Katherine M. Cunningham 5242 Seahorse Ave Naples FL, 34103 239-263-0551 From: davidbuserecomcast.net To: Tlcguffie,Brianne E SAJ Cc: Sorev.John;pennvTavlorAa Collieraov.net;Jaffe, Marvin Subject: [EXTERNAL]Fwd:Clam Bay(UNCLASSIFIED) Formal request for public hearing Date: Saturday,March 21,2015 2:56:29 PM Brianne McGuffie, US Army Corps of Engineers Ms McGuffie, I have been requested by the board of the Seagate Property Owners Association, which represents over 80 waterfront property owners in the Seagate Neighborhood, as well as the Naples Cay Master Association representing over 400 waterfront property owners, to ask for a public hearing regarding the pending Clam Pass Inlet Dredging permit. The reason for the public hearing request is as follows. The City of Naples neighborhoods of Seagate, Naples Cay, Moorings, Park Shore, and Gulf Shore Blvd are all impacted by the contents of the Clam Pass Inlet dredging permit. Despite this fact, the Collier County Commission has voted to allow a single community of Pelican Bay to write the permit application, which the County Commission has not even formally approved. The permit application as written, adversely impacts the public visiting Clam Pass Park, as well as each of the aforementioned City neighborhoods in a multitude of ways. The present permit asks the Corps of Engineers to approve a plan to distribute at least 50% of the sand dredged from the Clam Pass Inlet, onto the beach north of the inlet directly in front and around the private Pelican Bay Beach Club. This sand will be dredged from the Clam Pass Inlet using tourist tax "TDC" funding, which is a scarce commodity that is supposed to be spent only on projects that directly benefit tourism and the general public. Since there is no direct public beach access to the north side of the Clam Pass Inlet, the beach at that location has not qualified for re-nourishment using TDC funds in the past. The Pelican Bay Services Division is telling the City of Naples City Council, the Collier County Commissioners, and the general public that the Pelican Bay Services Division has no choice regarding where the sand must be placed, and that it is being forced by DEP and the Corps of Engineers to place approx. 50% of the sand north of the inlet. DEP has recently denied this, and we would like the opportunity to discuss the issue with a representative of the Corp of Engineers in a public hearing. The sand dredged from the Clam Pass Inlet is the cheapest sand source for local beach re-nourishment, and the Pelican Bay Services Division has been allowed by 3 out of 5 Collier County Commissioners to use"TDC" funds to place sand in front and around the private Pelican Bay beach club, paying approx. $4.50 cents per cubic yard for this sand. In comparison, the public is currently paying around $40.00 dollars per cubic yard to truck sand to the beach for similar beach re-nourishment projects. Making matters worse, if the public is forced to use truck haul sand to re-nourish Clam Pass Park, rather than use sand from the Clam Pass Inlet, the sand will be hauled through the aforementioned City of Naples communities and then hauled over a mile and a half up the beach from the beach access point at Horizon Way. In addition to the placement of the sand dredged from the Clam Pass Inlet, we would also like the opportunity to openly discuss our concerns regarding safety within the Inlet. As the Corps of Engineers is aware, there are continuous interactions between boaters, swimmers, and fishermen within the Clam Pass Inlet. We would like the opportunity to discuss this topic in an open public hearing with the Corps of Engineers to explore ideas which may improve safety at the Inlet. We also believe that the most recent management decisions at the Clam Pass Inlet, and management of the waterway leading from the inlet south to Outer Clam Bay, have negatively impacted water quality within Outer Clam Bay, thereby negatively impacting a multitude of neighborhoods in the City of Naples. Lastly, the City of Naples, which represents the aforementioned city neighborhoods, has formally placed the County Commission on notice that it is opposed to many aspects of the recently approved Clam Bay Management Plan. The City of Naples contends that many components contained in the Management Plan adversely impact the aforementioned communities, which are directly impacted by both the Management Plan, as well as the proposed Clam Pass Inlet dredging permit. We request a public hearing to discuss this and the previously mentioned issues. I discussed this issue with the City of Naples Mayor John Sorey today by phone, and he agreed that the meeting should occur at Naples City Hall at a time that is in agreement with the schedules of the United States Corps of Engineers and the City of Naples. Sincerely, David Buser, MD, MS President Seagate Property Owners Assoc. Cell: 239-571-0520 From: davidbuser @comcast.net [mailto:davidbuserca comcast.net] Sent: Friday, February 06, 2015 11:35 AM To: Mcguffie, Brianne E SAJ Subject: [EXTERNAL] Re: Clam Bay(UNCLASSIFIED) Brianne, This is copy that was sent to Commissioner Penny Taylor's assistant. It is ok for inclusion into your file. One of the things the public has been told by the PBSD is that sand will only be placed north of the inlet, in front of the private Pelican Bay beach club, once the "template" south of Clam Pass (the public beach) has been filled. However, it appears that the PBSD is sending an inlet permit application to the Corps which has a public beach template that will only hold 50% of the sand that will be dredged from the inlet. The question we all want answered (general public, City of Naples, and two county commissioners) is would the Corps of Engineers allow 100%of the sand that is to be dredged from the inlet, be placed on the public beach south of the pass. The PBSD is telling the public and the commissioners that the agencies are mandating that 50% of the sand must be placed north of the inlet. We want to know if this is being done at the request of the Corps of Engineers. I have asked DEP, and they have said that DEP only looks at what the permittee is asking for. If the permit application meets DEP guidelines, DEP will generally approve it. DEP stated that they are not requiring sand to be placed north of the pass at this time. The DEP also said they will review the permit,and basically reserve the right to determine if some sand should be placed to the north of the inlet, but that doing so is not part of the current DEP permit. We suspect that the PBSD is asking the Corps for what Pelican Bay wants, rather than for the maximum amount of sand that the Corp will allow to be placed south of the pass on the public beach. The Corps of Engineers decision regarding how much sand can be placed south of the pass has a tremendous impact on the City of Naples and the general public. The public beach is severely eroded and desperately needs sand. * If the Corps approves a permit in which only 50% of the sand is placed south of the inlet, the public will have to pay for significantly more expensive sand to be trucked hauled to the public beach through City Streets. The truck haul sand will then need to be brought up the beach via heavy equipment from the city beach access point at horizon way on Gulf Shore Blvd North. * The truck haul sand costs approx. $40.00 per cubic yard, while the PBSD is paying the county on $6.50 per cubic yard for sand dredged from the inlet that is placed north of Clam Pass in from of the Pelican Bay private beach club. The net result is a rapid depletion of the Collier County Tourist Tax Dollars, which would otherwise be spent of projects benefiting the public throughout all of Collier County. Thank you, David From: davidbuser @comcast.net [mailto:davidbuseracomcast.net] Sent: Wednesday, December 10, 2014 10:41 AM To: DeFrance, William D SAJ Subject: [EXTERNAL] Re: Clam Bay(UNCLASSIFIED) William Defrance United States Army Corps of Engineers William, There seems to be considerable confusion regarding the ability of Collier County to apply for a new 10 year dredging permit for the Clam Pass Inlet, as well as whether the County can eventually get a permit for dredging the Clam Pass Inlet, without first developing a new comprehensive Clam Bay Estuary Management Plan to be attached to and made part of the new 10 year inlet management permit. It is Seagate's impression that the Corps of Engineers has not required Collier County to develop a new comprehensive Clam Bay Estuary management plan and that the Corps generally does not favor attaching large comprehensive Estuary Management Plans to permits for individual projects within any give estuary since it has the potential to complicate the permitting process. As you are aware, the Collier County Staff was on the verge of getting a 10 year permit to manage Clam Pass in 2012, without having a new comprehensive Clam Bay Estuary Management Plan as part of the permit application. As you are also aware, Collier County voluntarily withdrew its prior 10 year Clam Pass Inlet permit application after a decision by the Board of County Commissioners changed the dredge footprint and made a decision to apply for a completely new permit. The question Seagate would like answered is does Collier County really need a new comprehensive Clam Bay Estuary Management Plan, in order to get a new 10 year permit to dredge the Clam Pass Inlet. The writing of a new comprehensive Clam Bay Estuary Management Plan has been very controversial, and has pitted the community of Seagate against the Pelican Bay Services Division (PBSD) Seagate is against various components of the proposed management plan, and has brought this to the attention of the City of Naples which will be writing a letter outlining the complaints to the Board of County Commissioners. In addition the Pelican Bay Services Division maintains that its board (comprised solely of residents and business interests within Pelican Bay)should be able to veto all future modifications to the proposed comprehensive Clam Bay Management Plan, which will undoubtedly lead to future disputes and possibly lawsuits and administrative hearings. * In fact, the County Manager has recommended that the Board of County Commissioners not attempt to attach a comprehensive Clam Bay Estuary Management Plan to any agency permits, due to the fact that it could slow down permitting and open the door to administrative hearings and possibly lawsuits over the contents of the comprehensive management plan. This entire conflict over the various components and restrictions of a large new comprehensive Clam Bay Estuary Management Plan seems to be raging on, while the PBSD and Collier County sit idle regarding applying for a 10 year Clam Pass inlet dredging permit. We are all wanting to know if the Corps of Engineers is demanding a new comprehensive Clam Bay Management Plan as part of the application for a 10 year Clam Bay Dredging permit. Please let us know if you are requiring a new Comprehensive Management Plan for the entire Clam Bay estuary, just to apply for a 10 year permit to dredge Clam Pass. Seagate opposes the proposed new Comprehensive Management Plan as currently written, and we would certainly oppose any attempt to attach the controversial proposed new comprehensive Clam Bay Estuary Management Plan to any future Corps of Engineers permits that may be issued for individual projects within the estuary, including the Clam Pass Inlet. Unfortunately, the new proposed comprehensive Clam Bay Estuary Management Plan is a political document, disguised as an environmental document, and in our opinion should not be made part of future agency permits. Sincerely, David Buser, MD, MS President Seagate Property Owners Assoc. _;.��{{{ \ � I ON THE � ;�{{{\\\\\\ GULF C po pp 0 94_ /f/eX‘d OFFICE OF THE MAYOR AND COUNCIL TELEPHONE(239)213-1000. FACSIMILE(239)213-1010 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102-6796 January 12, 2015 Commissioner Tom Henning, Chairman Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Commissioner Henning: The Naples City Council (Council) has important concerns regarding the proposed Clam Bay Natural Resources Protection Area Management Plan (Plan) drafted by the Pelican Bay Services Division Board (Board) and its potential impacts on visitors and residents of the City of Naples. There have been significant changes made to the original 1998 plan that may negatively impact residents of the City's Park Shore, Naples Cay and Seagate neighborhoods as well as residents who visit Clam Pass Park and its beaches. In response to concerns expressed by some City residents, the Board modified the language of the Plan in regard to certain aspects of water quality monitoring and copper use. Significant outstanding issues remain in regard to dredging, sand placement, water quality and the process for amending the proposed Plan. The 1998 plan had significant language which addressed these issues that is not currently included in the proposed Plan. The exclusion of this language is detrimental to the residents of the City in various ways that are detailed below. The previous language is included as an attachment to this letter, and we request that it be reinserted in the appropriate sections of the plan. Sand Placement: Council believes the original language from the 1998 Plan referring to sand placement should be used. The 1998 plan stated that sand dredged from Clam Pass should be placed on the public (downdrift) beach to the south of Clam Pass. Placing sand north of the pass as has been recently done has two deleterious effects. Since the natural flow of sand is north to south, placing excessive sand north of the pass hastens the refilling of the Pass by the natural drift. Second, failing to replenish the public beach south of the Pass will eventually require an expensive sand haul through the City of Naples and its beaches. Sand should only be placed north of Clam Pass if it is determined that a critical need for sand has occurred and only when C f �e4 r4 ,e a7 4... e_9f1viee fc,/z?.1 44,.f . 67;4,e;„afL/Zt eae specifically approved by the Board of County Commissioners and permitting agencies each time it is done. Council recognizes that the permitting agencies may occasionally require sand to be placed on adjacent beaches. However, the basic premise of the previously agreed upon 1998 plan was that beach quality sand, dredged with public money from a public waterway, should be placed on the public beach at Clam Pass Park. The language from the 1998 management plan should be made part of the proposed management plan (see attached). Dredging: The 1998 plan includes a specific set of cuts designed to maintain flow from Clam Pass to Outer Clam Bay as thus assure adequate flow through the estuary and ultimately into Moorings Bay. Failure to maintain this channel may result in further degradation of Outer Clam Bay. Council requests that the Board reinstate monitoring of Outer Clam Bay as prescribed by the Department of Environmental Protection and dredge cut 4A to ensure sufficient water flow to maintain the integrity of the entire waterway. The language from the 1998 should be reinserted to protect the waters within the City of Naples that are a part of the Clam Bay system (see attached). Water Quality: Specific details regarding water quality testing, sediment analysis (including copper), for Outer Clam Bay need to be added. Amendments: Council requests that the language in the proposed Plan stating that any and all changes to the Plan must first go through the Pelican Bay Services Division Board before being presented to the Board of County Commissioners be removed. There is no representation from other stakeholders on the Pelican Bay Services Division Board other than the residents and business interests of Pelican Bay (see attached). • The Board of County Commissioners should retain the authority to interpret and change the Plan in the interests of maintaining the environmental standards necessary for a healthy Clam Bay. • The current language in the proposed Plan leaves all decisions on future modifications to the Plan with only one group of stakeholders. Unless an Advisory Committee or other method of including and empowering all Clam Bay stakeholders is provided, this language should be removed from the proposed Plan. • Council feels that language in the 1998 Plan should be inserted into the proposed Plan prior to approval that ensures all revisions and changes are made by the Board of County Commissioners. KifeQ e € ;/et2,the fa clh zza 44,icfr. In summary, Council believes these outstanding issues are paramount to the health of the entire estuary and can largely be resolved by including the language that was agreed upon by all stakeholders as contained in the original 1998 Plan. Further, incorporating some new language regarding water quality and sediment testing specific to Outer Clam Bay, which is developed with input directly from permitting agencies, is also paramount to the health of the entire Estuary. The City of Naples appreciates your consideration of the issues presented in this letter. Sincerely, John F. Sorey, Ill Mayor, City of Naples C:�'C i;ed ce G4... /c c/.44 4 l.��i/C LG l^a'-CLCGtCC'2G L9Z ec C/Z 2G�CCG. January 12, 2015 To my Fellow Commissioners: This is intended as a one-way communication. I would like to thank my fellow commissioners for giving me the opportunity to study the issue of the proposed new management plan for the Clam Bay estuary. Your professional courtesy,by voting to continue this item to our January 13th meeting, allowed me additional time to fact-find, study the material and speak with the stakeholders of this valuable County asset. You have or will be in receipt of a letter from Mayor Sorey,City of Naples, and I would like to reference this letter in my remarks here. There is no doubt we all have the preservation of this amazing ecological system foremost in our decision making. But there are other factors to consider also, one of the most important being that as a legislative body, elected by the residents of Collier County,we have a responsibility to make sure that public money has been spent wisely. I am not sure that any of us are convinced that this has been the case in the most recent dredging of Clam Pass. Public money was used to dredge the pass, and then some of the sand from the dredging was placed on a private beach to the North with no review of the price paid/cubic yard for sand placed north of the pass, or accounting of the total cubic yards placed on either side of the pass. I asked staff to supply me with that information: how much money was collected for the sand placed at the northern side of Clam Pass,was the amount per cubic yard reviewed by staff for sufficiency. According to the County Manager's office, 5,553 cubic yards of sand was reimbursed at a rate of$6.66 per cubic yard. This was not reviewed by County staff. Public money needs to be spent on public beaches. It's that simple.All of my constituents, and likely most of the public visiting Clam Pass Park, are in agreement on this issue. If there is a dire need for sand to be placed on the northern side of the pass, on the private beach, (and clearly the Florida statues allow this) a per cubic yard market rate price needs to be determined by the BCC in advance of that placement and then reviewed by staff. The public beach at Clam Pass is dangerously eroded. Due to the high cost of hydraulic dredging, the renourishment of Clam Pass Beach Park requires the sand to be hauled by truck from the beach far to the south because that's the nearest beach access. My constituents support having the sand dredged from the Clam Pass Inlet placed on the public beach at Clam Pass Park rather than on the private beach north of the pass. Beach chairs on the private beach to the north sit casually across the dry sand well past the water-line to the south where beach chairs from the Waldorf hug the sea oats...out of necessity. Obviously,placing as much sand on the public beach as the permitting agencies will allow, will result in less need for an additional truck haul through the city. As a resident of this area for over thirty-four years, I remember Clam Bay of thirty-one years ago when I would launch a small sail boat with friends on Outer Clam Bay,heading for the Gulf of Mexico and a saiboat race. I believe the name of that type of vessel was a Force V. The water was clear and you could see the fish swimming.Now that same Outer Clam Bay(per my recent conversation with Cathy Worley of the Conservancy) has no sea grass(or little sea grass). In fact, Outer Clam Bay is so cloudy that Dr. Bauer, City of Naples Environment Director,was hard pressed to see his outstretched hand when he dove the area to ascertain the condition of the Outer Bay. The 4a cut should remain in the management plan. I do not understand why it has been taken out. Clearly specific details regarding water quality testing, sediment analysis (including copper) for Outer Clam Bay need to be included in the new management plan language. The method of water quality sampling should follow the guidelines established by Dr. Tomasko when he worked for Collier County and helped establish the new site specific water quality standards for Outer Clam Bay. And finally, we, as the Board of County Commissioners must retain the authority to interpret and change the Plan in the interests of the protection and preservation of this environmental jewel we call Clam Bay. This requires a short deletion of a single sentence in the proposed plan and the addition of two sentences that, of course, must be reviewed by our attorney. The intent of this change in the proposed language will make it clear that the BCC remains the final decision makers in any future modifications of the plan. Certainly,the BCC best represents the stakeholders of Clam Bay, and the voters in Collier County. Needless to say, I was disappointed to read that the current permit for dredging filed in December by the Pelican Bay Services Board requests the sand to be placed on the north side of the pass, on the private beach...once again. Did any County staff member review this permit before it was sent out? Or was it brought before the BCC for their approval?The PBSD is an advisory board only,and should present any and all plans for projects in the publicly owned estuary to the BCC to allow public discussion, and BCC approval prior to submitting for any permits within the estuary. We must not abdicate our authority over the Clam Bay estuary. Tha .u, Penny Taylor Commissioner,District 4 owitoinav FLORIDA DEPARTMENT OF RICK SUOI I GOVERNOR 1 ENVIRONMENTAL PROTECTION FLOR ' 1 South District Office CART US 1 OPEZ-CAN I ERA i A P.O.Box 2549 I.I GOVERNOR Fort Myers,FL 33902-2549 SouthDistrict@dep.stateAus JONATHAN Y.STEVERSON SI_;CRETARY VIA ELECTRONIC MAIL April 17,2015 Collier County Board of County Commissioners c/o Turrell, Hall&Associates, Inc. 3584 Exchange Avenue Naples, FL 34104 Arielle @turrell-associates.com Re: Collier County -ERP File No. 11-128463-006 Modification of 11-128463-005 Dear Mr. Hall: Your request to modify this permit has been received and reviewed by Department staff. The proposed permit modification includes: • Modification of Specific Condition#11 • Change in monitoring locations After review by staff, the proposed modifications are not expected to adversely affect water quality and will not be contrary to the public interest, provided the permit is amended as follows: SPECIFIC CONDITION # 11: From: Water Quality Monitoring: The permittee shall implement a long-term water quality monitoring program, to be conducted on a quarterly basis, track trends and patterns within the Clam Bay ecosystem. Monitoring stations established by the previous permit throughout Upper,Inner and Outer Clam Bay shall continue to be monitored and record the following parameters. All measurements and analyses for each parameter shall be made using approved methods providing a PQL (Practical Quantification Limit) below the water quality standard for the parameter as listed in Rule 62-302, F.A.C.: Collier County BOCC File No. 11-128463-006 Page 2 of 7 Parameter (a) Dissolved Oxygen-mg/1 (2 samples taken diel per quarter samples 4 hour intervals through a 24 hour period) (b) TKN, NO2-N, NO3-N, (c) Specific Conductivity (d)Chlorophyll (e) Phosphorus (f) Pheophytin (g) pH (h) Suspended solids Reporting All data shall be submitted with the documents containing the following information: (1) permit application number; (2) dates of sampling; and analysis; (3) a statement describing the methods used in collection,handling, storage and analysis of the samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and (6) documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with DEP. Monitoring reports shall also include the following information for each sample that is taken: (a) Time of day samples taken; (b) Water temperature (°C); (c) Salinity (ppt); (d) Depth of water body; (e) Depth of sample; (f) Antecedent weather conditions; (g) Tidal stage and direction of flow; (h) Wind direction and velocity; (1) Sedimentation; (j) Rainfall; (k) Other influential flows, such as groundwater and storm water flows; (1) Identification of the sample location which corresponds to the sample location number shown on the sampling location map; (m) The appropriate Rule 62-302, F.A.C., standard for the parameter being measured; and (n) The detection limit for the parameter being measured. Collier County BOCC File No. 11-128463-006 Page 3 of 7 In addition to the above,all data shall be reported in a table (or tables)which clearly list(s) the results of parameters measured at each location, and the information described above. To:Water Quality Monitoring: The permittee shall implement a long-term water quality monitoring program, to be conducted on a quarterly basis, track trends and patterns within the Clam Bay ecosystem. Monitoring stations established during the coordination of Site Specific Alternative Criteria for total nitrogen(TN) and total phosphorous (TP) scattered throughout Upper, Inner and Outer Clam Bay shall continue to be monitored and record the following parameters. All measurements and analyses for each parameter shall be made using approved methods providing a PQL (Practical Quantification Limit) below the water quality standard for the parameter as listed in Rule 62-302,F.A.C.: Parameter (i) Dissolved Oxygen-mg/1(2 samples taken diel per quarter samples 4 hour intervals through a 24 hour period) 0) Dissolved Oxygen (%-Saturation) (k) Ammonia (1) Copper (m) Nitrate-Nitrite (NO3-NO2), (n) Nitrite (NO3-N), (o) Total Nitrogen (p) Specific Conductivity (q) Chlorophyll a (r) Total Phosphorus (s) Pheophytin (t) pH (u) Orthophosphate (0PO4) Reporting All data shall be submitted with the documents containing the following information: (1) permit application number; (2) dates of sampling; and analysis; (3) a statement describing the methods used in collection,handling, storage and analysis of the samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision,limits of detection and accuracy of the data; and (6) documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with DEP. Monitoring reports shall also include the following information for each sample that is taken: Collier County BOCC File No. 11-128463-006 Page 4 of 7 (a) Time of day samples taken; (b) Water temperature (°C); (c) Salinity (ppt); (d) Depth of water body; (e) Depth of sample; (f) Antecedent weather conditions; (g) Tidal stage and direction of flow; (h) Wind direction and velocity; (i) Sedimentation; (j) Rainfall; (k) Other influential flows, such as groundwater and storm water flows; (1) Identification of the sample location which corresponds to the sample location number shown on the sampling location map; (m) The appropriate Rule 62-302,F.A.C., standard for the parameter being measured; and (n) The detection limit for the parameter being measured. In addition to the above, all data shall be reported in a table (or tables) which clearly list(s) the results of parameters measured at each location, and the information described above. ADD DRAWING Location of current monitoring locations and proposed monitoring site. Since the proposed modification(s) along with the above amended permit conditions and monitoring requirements are not expected to result in any adverse environmental impact and water quality degradation,the permit is hereby modified as requested. By copy of this letter and the attached drawings,we are notifying all necessary parties of the modification. This letter does not alter the permit other than as described above. This letter and referenced enclosures must be attached to the original permit. This modification is hereby granted unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57,Florida Statutes, (F.S.), before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition or an administrative proceeding (hearing) under Sections 120.569 and 120.57, Collier County BOCC File No. 11-128463-006 Page 5 of 7 F.S. The petition must contain the information set forth below an must be filed (received by the clerk)in the Office of General Counsel,3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,Florida 32399-3000. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this permit automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time have expired. Under Rule 62-110.106(4), Florida Administrative Code (F.A.C.), a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000,before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. In accordance with Rules 28-106.111(2) and 62-110.106(3)(a)(4),F.A.C.,petitions for an administrative hearing by the applicant or any of the parties listed below must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3),F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3),F.S.,however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of Collier County BOCC File No. 11-128463-006 Page 6 of 7 that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57,F.S. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address and telephone number of the petitioner; the name, address and telephone number of the petitioner's representative,if any which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules and statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c) and (d),F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. The action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68, F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Collier County BOCC File No. 11-128463-006 Page 7 of 7 Station 35,Tallahassee, Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Sincerely, on M. Igl-kart irector of District Management JMI/pc/my 2 pages, Monitoring locations 005_Permit Clam Bay NRPA Management Plan forms http://www.dep.state.fl.us/water/wetlands/erp/forms.htm cc: U.S. Army Corps of Engineers (electronically) Jeannie Gerhart, DEP CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document, including all copies,was mailed before the close of business on April 17, 2015, to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S.,with the designated Department clerk, receipt of which is hereby acknowledged. CL,LL U W(Ju n. Apri117, 2015 Clerk Date CLAM BA YNRPA MANAGEMENT PLAN Pelican Bay Services Division ���aixoN,� � October 2014 o %�,N,mber �� Ver. 6.5 t J 4 % . ' -',......, ..r..... 44 *.N.li i. -dit.' -... . �� t . r * ipp 0 .y '' _ � "F ( j r, ,by t ‘0 - j � # 3 k +',,MI CLASS ?11 SAMPLING LOCA77CNS # hi A'< f `"■ CLA55 I11 iL�Pt1NG LOCA-TORS • i .vim if C.}�' 41 „,;;;;=,4:i...4,1. y� Yr':,y t'•�. ('y 1 ., g”: to ". 14 t `1.Ad -r: , -.4 l -,r4,7.,..In 14;".`4',„,„:.. ' 4i % ,s •� `• F Y Y �. t 4� ,v a ' ' . ►-., da err •. •® ,, r- ill 7' Ja } 4 t * • �a ttr t 4,41{ •••••• ‘41',1 . ' • tok. '4 1 \# ••'V os A J ":<"; { . ?-. .- ', �,,,.. ., tet .y r' , t � t � • -� -ma y �t(t� 7 3`rl 1 13 GLENVIE W . I,f , .0 - -, '.. .1...."'r NA',...1,,* -ft 1+.1,...;. - .(t.-.' I.,4, .' -.7 lit- . f '. t. } ,P!a 1 5c .�A fi1 ti !rv; y + 7L'+r1 Figure 17:Historic Water Quality monitoring locations within and adjacent to the NRPA Boundary RECEIVED ebruary 17,2015 32 South District DEP � pAOSECMON Charlie Crist Florida Department of Governor _ L Environmental Protection lefFKottkamp Y, `` ` '' , South District Office Lt. Governor °�L A`_ � P.O. Box 2549 Fort Myers, FL 33902-2549 Mimi A. Drew Secretary Permittee/Authorized Entity: Collier County Board of County Commissioners c/o Pelican Bay Services Division 801 Laurel Oak Drive Naples,Florida,34108,Collier Clam Bay Restoration and Long Term Management Authorized Agent: Turrell,Hall&Associates, Inc. Permit Number 7• 3584 Exchange Avenue z -e fix] 11-123463-006 O Naples,Florida 34104 Sod t~rashtot ,y Fort M}'e*s �11y y U3O �Oti Environmental Resource Permit State-owned Submerged Lands Authorization-Granted U.S.Army Corps of Engineers Authorization- Separate Corps Authorization Required Permit No.:11-0128463-005 Permit Issuance Date: December 17,2010 Permit Construction Phase Expiration Date:December 17,2015 CORRECTED LETTER RECEIVED February 17,2015, South District DEP Consolidated Environmental Resource Permit and State-owned Submerged Lands Authorization Permittee: Collier County BOCC-Pelican Bay Services Division Permit No:11-0128463-005 4���1RO1V�� Perm*Number AUTHORIZATIONS Clam Bay Restoration and Long Term Management W 11'128463-006 0 fxwth District Project Description Myers t77 The permittee is authorized to continue to perform mainte -- in the Clam Bay system originally permitted by permit number 11-012846 . The project is to continue to improve the hydrodynamics of the Clam Bay ecosystem by conducting activities specified by the Clam Bay Restoration and Management Plan(CBRMP) approved in conjunction with the previous permit. Proposed activities include: • Manual cleaning on an as needed basis of the interior flushing channels to maintain design depths; • Maintenance of a created network of small flushing channels within the mangrove forest;and • Periodic mangrove trimming along the canoe trail,berm,and boardwalks to maintain canoe and kayak access,pedestrian access and storm water areas within Clam Bay,a Class II waters not approved for shellfish harvesting. Authorized activities are depicted on the attached exhibits. The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer,nor guarantee,nor imply that future permits or modifications will be granted by the Department. Please be advised that this permit does not constitute the issuance of a NPDES Stormwater Permit or acceptance of an NPDES Stormwater Pollution Prevention Plan. For additional information regarding this matter please contact the NPDES Stormwater Notices Center toll free at(866)336-6312 or Department personnel in Tallahassee at (850)245-7522. State-owned Submerged Lands Authorization The activity is located on submerged lands owned by the State of Florida. It therefore also requires authorization,from the Board of Trustees of the Internal Improvement Trust Fund,pursuant to Article X,Section 11 of the Florida Constitution,and Sections 253.002 Florida Statutes (F.S.)and Chapter 258,F.S. RECEIVED February 17,2015 to South District DEP Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 1 of 14 As staff to the Board of Trustees,the Department has determined that the activity qualifies for a Letter of Consent,as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Federal Authorization A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency. Coastal Zone Management This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. Water Quality Certification This permit constitutes certification of compliance with state w• alp standards under Section 401 of the CIean Water Act,33 U.S.C. 1341. 64 ° Permit Number �� 11-128463-006 Other Authorizations 1. Sou thDsh;,t y Fort Myers (}y You are advised that authorizations or permits for this prof: - be Nil •d by other federal,state or local entities including but not limited to I• • . 3:140°, is and homeowner's associations. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. In addition,you are advised that your project may require additional authorizations or permits from the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. PROJECT LOCATION The activities authorized by this Permit and state-owned submerged lands authorization are located in the Clam Bay Natural Resource Protection Area,with on- site management offices located at 801 Laurel Oak Drive,Suite 605,Naples,Florida 34108(folio 00239480006,Class II Waters not approved for shellfish harvesting,Sections 32 and 33,Township 48 South,Range 25 East,and Sections 4,5,8&9,Township 49 South, Range 25 East,Collier County. PERMIT STATE-OWNED SUBMERGED LANDS CONDITIONS The activities described herein must be conducted in accordance with: • The Specific Conditions • The General Conditions • The General Consent Co RECEIVED February 17,2015 f • The limits, conditions an South District DEP . ached drawings • The term limits of this au nonzation Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 2 of 14 You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms,conditions,and drawings. If you are utilizing a contractor, the contractor also should read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions,including any mitigation requirements,shall constitute grounds for revocation of the Permit and appropriate enforcement action by the Department. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit/certification/authorization and state-owned submerged lands authorization,as specifically described above. SPECIFIC CONDITIONS-PRIOR TO CONSTRUCTION 1. At least 30 day prior to each construction event,the permittee , 4den qualified biologist/wetland scientist(s)familiar with the ecosystems 9P' o44 submit their qualifications to the Department,to serve as the supervi 'i : •I+Pa' lig Lt , .,: oversees the biological components of this restoration project and will f s , . .. if he/she suspects that violations of the permit have occurred. Q..... .„(21`) 2. All required submittals such as certifications,monitoring reports,notifications, etc.,shall be submitted to the Florida Department of Environmental Protection,South District Office,P.O. Box 2549,Fort Myers,FL 33902-2549. All submittals shall include the project name and indicated permit number when referring to this project. Note: In the event of an emergency,the Permittee should contact the Department by calling(800)320-0519. During normal business hours,the permittee should call (239)332-6975. 3. Construction and operation of the project shall comply with applicable State Water Quality Standards,namely: a. Rule 62-302.500, F.A.C. - Surface Waters: Minimum Criteria, General Criteria;and b. Rule 62-302.530, F.A.C. - Table: Surface Water Quality Criteria - Gass II Waters; 4. If at any time during construction of the permitted facility,unforeseen construction impacts to adjacent surface waters occur,or complications preventing compliance with the specificatio of this r,ermit arise,the Permitte shall immediately cease work and notify the Depa RECEIVED February 7,2015 �',� Section,P.O. Box 2549,Fort Myers Florida 33902- South District DEP all submit an alternate construction plan to the uepartment to allow construction to proceed without Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 3 of 14 additional impact or non-compliance. Work shall not continue until pV '434 . t has approved the modification in writing. Substantial changes fro It ,i - pept ; activities may require formal review and modification of this pe 11-128463-006 o sw:b fs rict ,y � Fcrt Rttcr (� 5. Turbidity barriers shall be installed and maintained at all loc. • a wh• -,t possibility of transferring suspended solids into surface waters exists .I eu° authorized work. Turbidity barriers shall remain in place at all locations an. be properly maintained until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT, FDEP(2007), available on the Department's website at http:l/www.dep.state.fl.us/water/nonpoint/dots/erosion/erosion-inspectors- manual.pdf.Following the completion of construction,the Permittee shall be responsible for the removal of the turbidity barriers and shall correct any erosion or shoaling that has the potential to cause adverse impacts to wetlands or surface waters. SPECIFIC CONDITIONS-CONSTRUCTION ACTIVITIES 6. All work is to be conducted by hand. Access to the flushing channels shall be accomplished by a small boat or on foot. Any blockage to the flushing channels shall be cleared by hand with material being broadcast out to the sides of the flushing channels. Any new channels to be dug shall be dug by hand and their location identified on a site plan of the area. At no time shall any blasting occur to create new flushing channels. 7. All mangrove trimming activities are to be supervised by the qualified biologist/wetlands scientist(s) described in Specific Condition 1 of this permit. All trimming shall be done in accordance with Sections 403.9321-403.9333, F.S. 8. All mangrove trimming shall be done on an as needed basis and shall be conducted by hand from the existing boardwalks or from a small boat only in areas that need to be trimmed in order to maintain access through the existing canoe trail or boardwalks. Mangrove trimming procedures must be followed pursuant to Sections 403.9327, F.S. No trimming of mangroves to create or enhance views within this ecosystem is permitted. No alteration,removal or defoliation is permitted. In the event that a tree has fallen and completely blocked the waterway,the tree and all limbs shall be removed to maintain navigational access. All trimmed debris shall be removed from the site and disposed of in uplands. 9. All exotic and invasive vegetation,including Brazilian pepper(Schinus terebinthifolius),punk tree(Metal urn rniinnuanornial Aiisfralian nine (Casuarina equisetifolia),vines,and other ex RECEIVED February 17,2015 ' the latest Category 1 and Category 2 list of the Flor South District DEP removed from the Clam Bay Natural Resource Protection Area. Maintenance shall be conducted in Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 4 of 14 accordance with the Clam Bay Restoration and Management Plan amended on July 8, 1998 (CBRMP)to ensure that the area is maintained free from Category 1 and Category 2 exotic and invasive vegetation(as defined by the Florida Exotic Pest Plant Council at the time of permit issuance). Maintenance in perpetuity shall also ensur- ci$ ea maintains the species and coverage of native,desirable vegetation sp •� �► '� a -���. permit. Coverage of exotic and invasive plant species shall not excee df°to`tat c Q- between maintenance activities. 11-128463-006 South District ,y ie Fort Myers !27 10. Within seven(7) days of completion of the authorized activiti•.4' - work area (including the mangrove trimming,interior channel excavatio , removal of nuisance exotic vegetation)throughout the Clam Bay ecosystem,the contracted crews shall return to each work area and remove the trimmed branches and trees(dead trees approved for removal) greater than 1 inch in diameter to appropriate upland locations. The crews shall also side cast spoil material in such a manner as to avoid creation of a berm or pile. The spoil shall be leveled and distributed such that there is no impediment to sheet flow and no created uplands as a result of the project. SPECIFIC CONDITIONS -MONITORING 11. Water Quality Monitoring: The permittee shall implement a long-term water quality monitoring program,to be conducted on a quarterly basis,track trends and patterns within the Clam Bay ecosystem. Monitoring stations established by the previous permit throughout Upper,Inner and Outer Clam Bay shall continue to be monitored and record the following parameters. All measurements and analyses for each parameter shall be made using approved methods providing a PQL(Practical Quantification Limit)below the water quality standard for the parameter as listed in Rule 62-302,F.A.C.: Parameter (a) Dissolved Oxygen-mg/I (2 samples taken diel per quarter samples 4 hour intervals through a 24 hour period) (b) TKN,NO2-N,NO3-N, (c) Specific Conductivity (d)Chlorophyll (e) Phosphorus (f) Pheophytin (g) pH (h) Suspended solids RECEIVED February 17,20151 South District DEP Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 5 of 14 RECEIVED February 17,2015 .Y_ South District DEP Reporting All data shall be submitted with the documents containing the following information: (1) permit application number; (2) dates of sampling; and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and (6) documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with DEP. Monitoring reports shall also include the following information for each sample that is taken: (a) time of day samples taken; (b) water temperature(°C); (c) salinity(ppt); (d) depth of water body; (e) depth of sample; (f) antecedent weather conditions; (g) tidal stage and direction of flow; (h) wind direction and velocity; itia�IRON4,14./1,:, (i) sedimentation; 0 Perm:. "i` (j) rainfall; w 11-128463-006 • (k) other influential flows, suc trWttl . and storm water flows; (1) identification of the sample loc. ch corresponds to the sample location number shown on the sampling location map; (m) the appropriate Rule 62-302, F.A.C., standard for the parameter being measured;and (n) the detection limit for the parameter being measured. In addition to the above, all data shall be reported in a table (or tables) which clearly list(s) the results of parameters measured at each location, and the information described above. 12. Based on the data previously collected and on going water quality monitoring analyzed in conjunction with the Apr 44-°r1 a continue to show a correlation between elevated n RECEIVED February 17,20151.51t tem and the golf course and development fertilizk South District DEP :, ust be prepared to address this issue within 6 months of submittal of the second monitoring report. This Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 6 of 14 plan should include detailed descriptions of the problem and the actions proposed to address the problem,maps, activities to be conducted and the methods used to conduct those activities. The intent of the plan is to reduce discharge of nutrients into the system and avoid the elevated nutrient levels,through modified management techniques,best management practices,etc. In the event that the continued monitoring reveals other water quality concerns, or impacts to the habitat and/or productivity of the preserve area,the Permittee shall submit a plan of remediation along with the required monitoring reports. 13. Biological Monitoring a. The permittee shall provide flight dated aerial photography of the Clam Bay ecosystem annually. The aerials shall be taken during July of each year and submitted to the Department annually for the duratio• •f the permit. The aerials must be color,vertical aerial photographs,contr�. '" ied at a scale appropriate for post-production digitalization •t': ..5s45. .'ent to delineate differing habitat zones and dominant species E ' each e ozo The flight line shall include all of the Clam Bay Natural Reso - �Zl 1 $a 00o i ea and the Fort?dccn nearshore zone to at least 400 feet offshore (fro i r' me- , water line); b. As concurrently as possible with taking the aeri- Is 2()!: , ground-truthing activities shall be conducted in areas of special concern within the Clam Bay Ecosystem,including areas of widespread dead and dying mangroves,Inner, Upper and Outer Clam Bays,the areas receiving water discharges from the uplands,and areas contiguous with the main pass. The ground-truthing activities shall include the use of the latest accepted scientific methods to survey the types of habitats of concern within the Clam Bay ecosystem,including mangrove and seagrass dominated habitats. These surveys shall include a listing of species present,percent coverage species,size ranges and averages, and overall health/biological trends for each fixed quadrat,transect,or plot studied. These surveys and any associated drawings/mapping shall be conducted prior _ to conducting the maintenance activities once each year(in July)thereafter for the life of the permit. c. Annual biological monitoring reports (BMRs)shall be submitted beginning one year following permit issuance. The first annual BMR shall contain a summary of the result of the monitoring and restoration actions from the previous permit as well as the time-zero conditions of the Clam Bay ecosystem existing prior to commencement of the permitted activities and a progress report of the activities conducted since permit issuance. Thereafter,each BMR shall contain a progress report of the activities completed since the previous BMR and all data collected pursuant to a. and b. above FAA RMR chaff representation and overlays of the collect RECEIVED February 17,2015t� .1^_ ings of the aerials, and ground-level color pa South District DEP "- t fixed stations. The annual BMRs shall also contain an analysis of the collected data and make Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 7 of 14 conclusions and recommendations concerning the impacts to permitted activities have had on the Clam Bay ecosystem based on the analysis of the data collected, including the biological monitoring data and the water quality data monitoring data as well as any tidal or hydrological information collected as part of the permitted activities. SPECIFIC CONDITIONS-MANATEE AND MARINE TURTLE CONDITIONS 14. All personnel associated with the project shall be instructed about the presence of marine turtles,manatees and manatee speed zones, and the need to avoid collisions with or injury to marine turtles and manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing,or killing marine turtles or manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act, and the Florida Manatee Sanctuary Act. 15. All vessels associated with the construction project- ;_ 'RO ''{ •t"Idle Speed/No Wake" at all times while in the immediate - &while �� •ter where the draft of the vessel provides less than a four-foot clearan o g_p . All vessels will follow routes of deep water whenever possible. �d south r)u.i Fort Myers ° (l)y 16. Siltation or turbidity barriers shall be made of ma -. 1', marine turtles or manatees cannot become entangled,shall be properly secured,and shall be regularly monitored to avoid marine turtle or manatee entanglement or entrapment.Barriers must not impede marine turtle or manatee movement. 17. All on-site project personnel are responsible for observing water-related activities for the presence of marine turtles or manatees. All in-water operations,including vessels,must be shutdown if a marine turtle(s) or manatee(s) comes within 50 feet of the operation. Activities will not resume until the marine turtle(s)or manatee(s)has moved beyond the 50-foot radius of the project operation,or until 30 minutes elapses if the marine turtle(s) or manatee(s)has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. 18. Any collision with or injury to a marine turtle or manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-562-3909)for south Florida. 19. Temporary signs concer •. ' mar_ini - - i • MI - .. -- i • 1 be posted prior to and during all in-water project • RECEIVED February 17,2015P' t by the permittee upon completion of the project. South District DEP een approved for this use by the Florida Fish and T1 sin a onservation ommission(FWC)must be Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 8 of 14 used(see MyFWC.com). One sign which reads Caution:Boaters must be posted. A second sign measuring at least 81/2"by 11" explaining the requirements for"Idle Speed/No Wake" and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans,specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and a violation of Part IV of Chapter 373, (ES.). 2. This permit or a copy thereof,complete with all conditions,attachments, exhibits,and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted e� 1xoN, 'ch does not cause violations of state water quality standards. The •a" ' ttees ;: •lement best management practices for erosion and pollution contr. • present vi• 'ons of xh n str' state water quality standards. Temporary erosion control s r. be= e s. ed prior to and during construction and permanent control measures s - ? v • within seven(7) days of any construction activity. Turbidity barriers s ; _' . tailed and maintained at all locations where the possibility of transferring suspended solids into the receiving water-body exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter Six of the Florida Land Development Manual;A Guide to Sound Land and Water Management(Department of Environmental Regulation, 1988),unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter, the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the Department of the anticipated construction start date within thirty (30) days of the date that this permit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit,the permittee shall submit to the Department an"Environmental Resource Permit Construction Commencement" r)ntice (Form No 62-343 90(1L3s 'da Administrative Code(F.A.C.)) indicating the act RECEIVED February 17, 2015 cgir on date. South District DEP Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 9 of 14 5. When the duration of construction will exceed one year,the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No.62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. 6. Within thirty(30) days after co _; +f construction of the permitted activity,the permittee shall submit : , • -n ent of completion and certification by a registered professional engin;., b h 1p.7q+riate individual as authorized by law utilizing the supplied"Enviro +� = 8:• z Permit As-Built Certification by a Sir,,th ni.hi,t Registered Professional" (Form No - :900( �`,P A.C.). The Statement of completion and certification shall be based on o _+on of construction or review of as- built drawings for the purpose of det- the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally,if deviations from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations note. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or"record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective;until the permittee has complied with the requirements of condition number six (6)above,has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62-343.900(7),F.A.C.);the Department determines the system to be in compliance with the permitted plans and specifications;and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District—August 1995,accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of permit to the approved responsible operation entity if different from the permittee. Until the permit is transferred pursuant to Rule 62-343.110(1) (d),F.A.C.,the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase,nr indPnPndPnt norttnn of+TAP va1-gm must be completed in accordance with th RECEIVED February 17,2015 icA ions prior to transfer of responsibility for ope South District DEP or portion of the system to a local government or other responsible entity. Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 10 of 14 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District—August 1995,prior to lot or unit sales or prior to lot or unit sales or prior to : e P .. �+ • of the system,whichever occurs first. Other documents concerning the • y. : yen : authority of the operation entity Pcrmit mL�cr must be filed with the Secretary of 's .to whNu ere a i j•priate. For those systems which are proposed to be maintained by co"-128463 i• Ti i'cipal entities,final operation and maintenance documents must be -' � partment when maintenance and operation of the system is accepted la,: a1 +vernment entity. Failure to submit the appropriate final documents will resu t in the permit-tee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system,the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal,state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right,or any interest in real property,nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee,or convey any rights or privileges other than those specified in the permit and Chapter 40E4 or Chapter 40E-40,F.A.C. 12. The permittee is hereby advised that Section 253.77,F.S. states that a person may not commence any excavation,construction,or other activity involving the use of sovereign or other lands of the state,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement,or other form of consent authorizing the proposed use. Therefore,the permittee is responsible for obtaining any necessary authorization from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 13. The permittee is advised that the rules of the South Florida Water Management District require the permittee to outh Florida Water management District prior to co RECEIVED February 17,2015 rk qualifies for a general permit pursuant to Rules South District DEP the"No Notice" rule. Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 11 of 14 RECEIVED February 17,2015`x``; South District DEP 14. The permittee shall hold and save the Department harmless from any and all damages,claims or liabilities which may arise by reason of the construction,alteration, operation,maintenance,removal,abandonment or use of any system authorized by this permit. NI 15. Any delineation of the extent of ` .•.o er surface water submitted as part of the permit application,includ' ' . angr► • supporting documentation,shall not be considered binding unless a s conditio this permit or a formal determination under Section 373.421( w`h 4. ( .F,�tl�i� _� ,•therwise. t. O y() 16. The permittee shall notify the Dep V !� writing within 30 days of any sale, conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 62-343.130,F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter,inspect,sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site,the permittee shall immediately notify the appropriate Department office. The permittee shall immediately notify the Department in writing of and previously submitted information that is later discovered to be inaccurate. GENERAL CONSENT CONDITIONS Chapter 18-21.004(7),F.A.C.,General Conditions for Authorizations: 1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. 2. Authorizations convey no 4;11.+ ""1"" "^a ! ^d or water column, nor do they constitute rec RECEIVED February 17, 2015 CZ.:".: other person's title to such land or water. South District DEP Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 12 of 14 3. Authorizations may be modified,suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46,F.S.,or Chapter 18- 14,F.A.C. 4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. 5. Construction,use,or operation of the structure or activity shall not adversely affect any species which is endangered,threatened or of special concern,as listed in Rules 68A-27.003,68A-27.004,and 68A-27.005,F.A.C. 6. Structures or activities shall not unreas• •.. : interfere with riparian rights. When a court of competent jurisdic;4 ' -.-u".s. s that riparian rights have been unlawfully affected,the structure ..j.`*'.ctivrity,s -� modified in accordance with the court's decision. w 11-128463-006 Fort Alpers 117 7. Structures or activities shall not cr : 1 . '• • * • •1 hazard. 8. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,F.A.C.,within one year,of a structure damaged in a discrete event such as a storm,flood,accident,or fire. 9. Structures or activities shall be constructed,operated,and maintained solely for water dependent purposes,or for non-water dependent activities authorized under paragraph 18-21.004(1)(g),F.A.C.,or any other applicable law. NOTICE OF RIGHTS This Permit is hereby final unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes (F.S.)as provided below. The procedures for petitioning for a hearing are set forth below. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received by the clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. RECEIVED February 17,2015 P South District DEP Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 13 of 14 Because the administrative hearing process is designed to re-determine final agency action on the application,the filing of a petition for an administrative hearing may result in a modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed,this permit automatically becomes only proposed agency action on the application,subject to the result of the administrative review process. Accordingly,the applicant is advised not to commence construction or other activities under this permit until the deadlines noted below for filing a petition for an administrative hearing,or request for an extension of time has expired. Under Rule 62-110.106(4),Florida Administrative Code(F.A.C.),a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Ta - Florida 32399-3000,before the applicable deadline. A timely request for ex =. ,• •• • ,� I• : • 1 toll the running of the time period for filing a petition until the re. isra • - . If a request is filed late, the Department may still grant it upon a m i, • .n b .:-8 4�.ting party showing that ti.n h r)i i� the failure to file a request for an extension ' e. are .1. deadline was the result of excusable neglect. �U3Q 10,\) In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. In accordance with Rule 62-110.106(3)F.A.C.,petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice.Petitions filed by any persons other than the applicant,and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice,whichever occurs first. Under section 120.60(3) of the Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice,regardless of the date of publication. The petitioner shall mail a copy - - - -- -..- - - - • - ' • address indicated above at the time of filing. The f RECEIVED February 17,2015 h�`.?i L for an administrative hearing within tt South District DEP —fi urtstitute a waiver of Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 14 of 14 that person's right to request an administrative determination(hearing)under sections 120.569 and 120.57 of the Florida Statutes. - A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,and telephone number of the petitioner; the name, address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;••and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or o.ification of the agency's proposed action;and �y1RON � (f) A statement of the specific rules r •jgc � - petitioner contends require reversal or modification of the agency' of osed acti•i (g) A statement of the relief sought . e p hon ating precisely the action that the petitioner wishes the agency to • <- 'th r-- • 4 ,to the agency's • proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c)and(d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the d.ate filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68,F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of Gen i C'nivncol l ann 3oulevard,Mail Station 35,Tallahassee, Florida, RECEIVED February 17, 2015 t: ze notice of appeal accompanied by the applicable f. South District DEP i ct court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is Permittee:Collier County BOCC—Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 15 of 14 filed with the Clerk of the Department.The applicant,or any party within the meaning of Section 373.114(1)(a),F.S.,may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1),F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the final order is filed with the Clerk of the Department. Executed in Lee County,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 7_ Jon . Iglehart District Director South District Office JMI/ap Attachments: Project Drawings and Design Specs.,10 pages Commencement notice/62-343.900(3) <t)�viRONry��� Annual status report/62-343.900(4) Pamir Numlxr .1` As-built certification/62-343.900(5) ti Transfer construction to operation phase/62-343.900(7) w 11-128463-006 South T istrict ,y let Pon Mycru (rj Copies furnished to: `4'6- •y0 DEP,Office of General Counsel v3Q �O U.S.Army Corps of Engineers,Log#12534 • RECEIVED - - ,2015 eat FWC,Imperiled Species Management Section South District DEP Collier County Property Appraiser Turrell,Hall&Associates,Inc. File CERTIFICATE OF SERVICE The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands,including all copies,were mailed before the close of business on gLO I t) ,to the above listed persons. FILING AND ACKNOWLEDGMENT FILED,on this date,under 12052(7)of the Florida Statutes,with the designated Department Clerk, receipt of which is hereby acknowledged. , 4 x 19- (94( 0 Clerk Date Permittee:Collier County BOCC-Pelican Bay Services Division Permit Expiration:December 17,2015 Permit No:11-0128463-005 Page 16 of 14 . . : ,. •;.:: .... !:.,.; -,„gr, .."-••f •-.- *.- •• -• RECEIVED February ....!....-- -4:'..1 • i , _11•• ... South District DE F 17 2015 DEP ./c714 1 - . II! i i i 1 0 ei . A a 1 = g„.• .... 1... 03 ...1 L 1 . • . t : • -.. 1 1.,.•. : .■ < Og 'I 0 r- •-• . -z.F.:, . ._•:, • •----- • . -..„ , • .i .',.•:•7.1.,.., ",.... .*•.:s •1 ...: c r i .7.,, .,=•::..,t4= .1:•,,:-. :.-.• ..;... •.. . -r::,-...„.: ,.... t,.. . .=--...• - ,..• i:l•-,-,,..,._-_. - -± :-. '?..--i•;-;--0.,-;,.. uj z - • ..), J.! ,!,j..:„.- it..:•• - ..., • ..-.. •:. .,.• . .; 4, .: 1 ,i ' '' I-• '-. ...:.--.i.,... -.; • !*:.: ... i..,. - r; 1 ,..,.-",.•,,g ' 1 4::.° - - L-2---- ,'' . < i■"? 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RECEIVED February 17,2015 < 01 �+ O South District DEP .,..1U 0 iii Fit i li liglit--. ii:). , Min to ,r: I 1.1 Er4:4 5 6 p Y��Y��ssi•i�W`"p, m oo 2 B . 1 0 mi Iz00000 0 , a la g 11 r OW )11 z 1!! 0 111( ...... fn %:0 VI CL. : LLI LLJ r • ayh 1 J .."-e,1 <e �, / Q Z tai•11 � � Iiiiiii:."1 (I) 0 Z1}.1- 04,4;,„fp'-'..,:,�:i-r S 1- «r \ \ / / �» t 1 T <t ,ley v/N c,,�5 t x j -5 Y \s•,. -'. •-/---- ,.1 - /'��„N a z �;r ',\ �•_ � {��/, - U .� S 'ra --1 1- �. 1 V -�} fi i �Yr: �j mLxr`^w�i L J a w . ` >y. F'`' . --•- ... . N : a .-4 7117:111;x6 is ac co 4 . ._�_.... a ';, 41.E _Teu r- ,e,,,..,, ..0 '4.4;4 Z Ill 4 ;/:;..i. . _ a •d � ` ; M `gfi // . ....: \ \ /-_ 1 r / ' AQ N d .< /. Cis V� ti •f r tr J -ti��b4 i��F _ "i��% m;'C EA tl v -. •_ { •`+;e C = RECEIVED February 17,2015 t* W I South District DEP m b dII i L - -x U'�•:c•i�.i�� rrr.�a�s�.�iimIIIMOI'aa.0..M• MUMS Clam E.2Gt11wrmIiurtg1RO10 awxNELJAANTE AHCE.dwg z # RECEIVED February 17,2015 " H { Q N 1----- U. 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'-',•-? .-,;-'.'• , .1...r,L. .1 •''''•• ,, ,. ..11bF , — it"' y...., v_goi,,L._. - ... n•-.......1,-,, - ......../"41 11,1=44,,., - ' '.... --'• .' ' , 2," ,::-.:4' 0 . .. F„, 4,2,.,,:_!,. .. t-re. •---f-- --'-..,---.... '.... .,_,L,. ..--.,,,..., ...,:,,, ,, ..-- irk*" • • •?-z-r.,,,-'r,A'''n, IL,-.. 4.01,., .4 qt.:- „, - .._.. ',(1..i.,:-.."'' 'N .'"'::-. 4. .._...,I .• 1 1' 1 1.,=•---"!•4-1-.' •fr.a. 4. . ''Y. ? )-' s S: -''.= ••••,:e•,,If•''. . ■'-_;,f',.'f "•;': .- -fl' '''i ..-r,'"'1' '.',:t') ''' r1I 7'14 i•i l'...1 '' . .-•1-0- '°•'''''''' '‘ '" - RECEIVED \ February 17, 2015 ...`-'41 - •• ...'t i 1— 4-5.,•:_c• . ' •I..:It.. ,, : ‘j, ,,,,,,c. If'1-'::,..1,r_.....1tyli,,,,\- ,.,,;k...,__f.'-"`-'- ,_1 '". 1......' 5 \,1/ ,76 tr.,..:-•••t-ii 4 ,i it ••i • •s• c :-.e ' Jr,fi•-.it'14•\.•••1;1'•'----x"-•-• .•••••••.12 South District DEP w ,.._1,...q._,,H, ,...y: 4 •-• .r...r f.1,,-1,.. n.ri -, .),-.i..7... 44 ,• .,'' .), -'- ..-: licrp,16 . 41 ,:. • - . ---. 4i._,,kr... ,. , 40,11..iik?iil:\7:-..--4-,_, .01,ii.-:.1 ',, • ,,,,:"x,...)i,--,.,7c, -- _v:4.:4"''''.._ ••)---. - ' 0 . 1.19€45t. ,••■p,r.,,,,,,i3Ocahef 1Ittlafi6s5Llit PAYCt RM. ..;, CPAtE 491 KflET111 Fomx#62-343.900(3)FAC Form Title: Construction Commencement Notice Effective Date: October 3,1 995 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice Project: Phase: I hereby notify the Department of Environm-','r •••"'on that the construction of the surface water management system authorized by Envi 84 .. tal., u• ett•r.• 't' • Number has commenced/is crmi ,c expected to commence on and viili -•.;• -' 1..;:i.• • #;pproximately months weeks :add days to complete. It is understoo i �_•ould #.• tion term extend beyond one year,I am obligated to submit the Annual Status Report 3 sui f.ce Water Management System Construction. PLEASE NOTE: If the actual construction commencement date is not known,Department staff should be so notified in writing in order to satisfy permit conditions. Perntittee or Authorized Agent Title and Company Date Phone Address RECEIVED February 17,2015 t � South District DEP 62-343,900(3) On-Line Document Formatted 12/01/97 kag Form#62-341900(4) Fomi Title: Annual Status Report Effective Date: October 3,1995 Environmental Resource Permit Annual Status Report Florida Department of Environmental Protection PERMIT NUMBER: COUNTY: PROJECT NAME: 'BASE: v tTz0,m .� The following activity has occurred at the above referen •,:P.••jactduriig Y •t year,between June 1, and May 30, 4, 11-128463-006 ^� 4. South ntstri;t 0 Permit Condition/Activity %of Completion Fort14yer r ticipated Date of ,,•tetion Completion c13O s sti (Use Additional Sheets As Necessary) Benchmark Description(one per major control structure): Print Name Phone Permittee's or Aurthorized Agent's Signature Title and Company Date This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year. RECEIVED February 17,2015:A South District DEP 62-343.900(4) On-Line Document Formatted 12/01/97 leg __ __ _ ...... Form#62-343900(5),F.A.C. Form Title:As-Built Certification by a Registered Professional Effective Date:October 3,1995 ENVIRONMENTAL RESOURCE PERMIT AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL Permit Number: Project Name: l hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection. Any substantial deviations(noted below)from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as-built plans certified by a registered professional or Land Surveyor licensed in the State of Florida. . 1RONA,I Name(please print) 4 lure 3117: .sionai Permit Number 11-128463-006 ^� Company Name lo' ° gis. �.• Number '2 v3Q tA° Company Address City,State,Zip Code Telephone Number (Affix Seal) Substantial deviations from the approved plans and specifications: (Note:attach two copies of as-built plans when there are substantial deviations) Within 30 days of completion of the system,submit two copies of the form to: RECEIVED February 17, 2015 . `k' South District DEP 62-343.900(5) On-Line Document Formatted 12/01/97 keg Form#:62.353.900(7)F.A.C. • . Form Tide: Request for Transfer to Operation Phase Effective Date: September 25,1995 Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase (To be completed and submitted by the operating entity) Florida Department of Environmental Protection • It is requested that Department Permit Number authorizing the construction and operation of a surface water management system for the below mention project be transferred from the construction phase permittee to the operation phase operating entity. Project: From: Name: Address: City. State: Zip: To: Name: WRO.N14� Address: City: State: Zip: O Permit Number 7� [3 11-128463.006 sou:h Dishict The surface water nianagement facilities are hereby a fbr4 s• ' . maintenance in accordance with.the engineers certification and as outlined in the re -std articles of incorporation for the operating entity. Enclosed is a copy of the document; =t 14, „_ • of the operating entity for the common areas on which the surface water management system is located.Note that if the operating entity has not been previously,approved,the applicant should contact the Department staff prior to filing for a permit transfer. • - • ' The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications,if any,have been reviewed,are understood and are hereby accepted. Any proposed modifications shall be applied for and obtained prior to such modification.' - Operating Entity: Title: Name Telephone: Enclosure RECEIVED February 17, 2015 f " ' ❑copy of recorded transfer of title st .-:riot DEP Q Coy of plat(s) ❑Copy of recorded restrictive covenants,articles of incorporation,and certificate of incorporation. 62.343.900(7) . On-Line Document Formatted 12/01/9j kag CLAM BAYNRPA MANAMN Pelican Bay GEServices E Division October 2014 Ver. 6.5 . , ,,,,,, ,, ,,,„ , .,r:� ,4ft:Z. e �fl 'B 3'yll a q. °.4,-• a, V.,),/ i,., f f t Y' L.,_.. •r / t •. 4363 3° — 4:„`vr t L �� Y .1 $16;° �s� UPDATED LOCH TIQV IN NRPA ";Y, i3,y' UPDATED::::::::::JAAccEENN::TO NRPA s,;} • n L EXISTING TO NRPA ; 's}.JV a✓t ij' let, ;./,-,7,1 ', 1.-1 �� °� c, 95' '2 3r 4J, tl' `^ Pgt3 � ' rti A , 4 at.. i o. 3115 ` tt� i ": ,E :1.1;33° '�.dcv : y#'} ,s ',j z J \t 3 :3ta i �t 81 $12535 • `�: L�a7 ! :. y . ...... . zlzig;t=?aNfsla7:1'.�A $181 ;•t S t' 26. Si. `$ ' 4 t t .tsr* 13 33` j 4 r.141'a#°•t?� .4 r S ' r q a y ri— I- ` 1 .- ' • �, ♦ y` ,. fi- alt �,!ylot.s•F,•r.•J t>"_, ; 1 i� ..,44". . n ,.. ,.r..s. »262nt� '.JI . tl, r..J~ 111_-„.. , , y ,�, f • 't y jtS TAE. t[ -`-.4';''' ' t4„: 1 r * ,,9 r. 41. '• r vs .;'t 3� S#.lam..:1,fa P � . .. tmss. R �4%*'. __ I..�.1 rt14 _ , aate�•• > ■■ { Figure 18:Proposed Water Quality monitoring locations within and adjacent to the NRPA boundary 35 RECEIVED February 17, t! South District DEP , HUMISTON . MOORE '; v ENGINEERS COASTAL 5679 STRAND COURT I ' ENGINEERING DES GN 5679ST.ANDC FLORIDA 34110 iJ FAX 239 594 2025 AND PERMITTING PHONE:239 594 2021 March 18,2015 Sent via E-Mail Chiu Cheng,Environmental Specialist H DEP Beaches,Inlets and Ports 2600 Blair Stone—MS 3544 Tallahassee,FL 32399 Re: Permit Modification Request—Inlet Management Plan-Fill Template Clam Pass Maintenance Dredging DEP Permit 0296087-001-JC HM File No.9-068 Dear Chiu, This is a request for a permit modification to the above referenced permit for the Clam Pass Maintenance Dredging project. The current Joint Coastal Permit was issued on August 14,2012 (0296087-001-JC). This permit was subsequently modified on March 1,2013(0296087-002-JN) to correspond with design requirements of the Nationwide Permit from the U.S. Army Corps of Engineers (SAJ-1996-02789 (NWP-WDD)) and make other small changes. The modification superseded the original permit plans with a new set of Nationwide Permit plans. This modification is requested to amend the Florida Department of Environmental Protection Permit to be consistent with the Clam Bay Natural Resource Protection Area (NRPA) Management Plan approved by the Collier County Board of County Commissioners for Clam Pass on January 13,2015. A copy of the NRPA Management Plan is included electronically for reference. The new NRPA Management Plan covers many aspects,from ecology to water quality to maintenance dredging at Clam Pass,the only connection to Gulf of Mexico waters. The NRPA Management Plan was developed over 20 months with technical input from multiple stakeholders. This modification is requested to supersede the current permit plans with an updated set of plans for consistency with the NRPA Management Plan. A copy of the updated plans is provided with this correspondence. The updated plans are similar to the original, but with some changes as discussed below. Changes to the permit plans fall under three categories: 1. the dredge template, 2. the fill areas,and 3. the grading area at the mouth of the inlet. Dredge Template Modifications to the dredge template can be summarized as follows: • The dredge template has been modified to not exceed 100'width at any location. • The sides of the dredge template have been adjusted so as not to encroach within 15 feet of existing mangroves in water above -2' MHW or within 5 feet in water below -2' MHW. F:\H&M-09-000\9068a-CiamPass\2014-Dredge\Permit-Modification\ClamPass-DEP-Permit-Mod-req uest.docx • The dredge template has been shortened slightly to end at station 17+50. • Dredge depths have been slightly reduced(shallower cut)and establish round numbers in NAVD(previous templates have been round numbers in NGVD which were converted to NAVD). Fill Areas The design fill template recommended by the NRPA Management Plan is similar to the original permit plan. The fill areas can be described as follows: • north of the pass,from R-39+724' to R-41+117' and south of the pass from R-42 to R- 44+387'to the south boundary of the county park. • design berm elevation of+5 feet NAVD for both the north and south fill templates. • dune reconstruction to +6.5 feet NAVD for the south template. The dune will be reconstructed as necessary. The combined fill template volume is approximately 22,800 cubic yards. The template for fill placement is greater than a typical maintenance dredging event to ensure sufficient capacity for fill placement for future maintenance dredging events in compliance with F.S. 161.142. Grading Area The updated management plan recommends a grading area immediately adjacent to the design inlet throat. The grading area is designed to shape the inlet such that the inlet closely mimics the natural inlet cross section at stable inlet conditions. Side slopes for the grading area and the approximate grading area width were determined based on a review of stable inlet conditions at Clam Pass over the past 15 years. Another benefit of the proposed design will be to minimize excess sand placement immediately adjacent to the inlet which may reduce rapid shoaling in the inlet channel. We believe that this will enhance the stability of the dredged inlet,potentially reducing the frequency of maintenance dredging under normal conditions. Physical Monitoring Reports Detailed analysis of morphological changes and inlet dynamics following the 2013 dredging event of Cam Pass are discussed in the attached 12-month and 18-month post dredging monitoring report. Recent Inlet Conditions Data analysis from the most recent monitoring report is based on latest survey dated October 2014(see attached 18 Months post dredging monitoring report,dated December,2014)indicates that Clam Pass is currently at a critically stable condition. Maintenance dredging is recommended to commence in the near future to restore adequate flow through the inlet for flushing and inlet stability. A permit application with the same plans as provided herein has been filed with the U.S. Army Corps of Engineers for ongoing maintenance coordinated with the NRPA Management Plan. Completion of this permit modification would allow for implementation of the NRPA Management Plan dredging recommendations. Your prompt processing of this permit modification is requested. We believe that the changes as presented herein may be considered as minor. Upon your review of this request,please advise as to how the Department will be processing this request as well as FAH&M-09-000\9068a-ClamPasA2014-Dredge\Permit-Modification\Clam Pass-DEP-Permit-Mod-request.docx — ,_ __ __ the required processing fee. Should you require any additional information in order to process this request, please advise. Thank you for your assistance with this request. Sincerely yours, HUMISTON&MOORE ENGINEERS Brett D.Moore,P.E. Attachments Copy to: Neil Dorrill,Administrator, Pelican Bay Services Division Tim Hall,Turrell Hall and Associates F:\H&M-09-000\sossa-ciamPass\2014-Dredge\Permit-Moditication\ciamPass-DEP-Permit-Mod-request.docx �- -? HUMISTON &MOORE ENGINEERS I COAS1AL 5679 STRAND COURT ENGINEERING DCS.GN NAPLES,FLORIDA 34110 FAX 239 594 2025 AND PERMITTING PHONE:239 594 2021 April 16,2015 Sent via E-Mail Kristina May DEP Beaches,Inlets and Ports 2600 Blair Stone—MS 3544 Tallahassee,FL 32399 Re: Questions relating to Clam Pass DEP Permit 0296087-001-JC HM File No.9-068,Clam Pass Maintenance Dredging Dear Kristina, The purpose of this letter is to address the questions raised by Linda Roth in her email to Chiu Cheng of your office for the above reference project. There are two items in her email which I am addressing herein. The first relates to the width of the dredge template and the second relates to the QA/QC plan. Dredge Width: The purpose of the cover letter was to characterize the changes in the plans from the previously approved plans.Details are referred to in the permit drawings which were included with the request. The proposed permit drawings show that the dredge template for the requested modification is within the original dredge template. The proposed permit drawing details show varying cross-sections through the dredging template including that the bottom width of the dredge cut is modified to 50 feet in in the inlet channel(section A)and not to exceed 100 feet in interior bay areas between mangrove shorelines(sections B and C). QA/QC Plan:We are not proposing any changes to the existing approved QA/QC program at this time. Should you require any additional information in order to process this request, please advise. Thank you for your assistance with this request. Sincerely yours, HUMISTON&MOORE ENGINEERS Brett D.Moore,P.E. Copy to: Neil Dorrill,Administrator,Pelican Bay Services Division Tim Hall,THA F:\H&M-09-000\9068a-Cla m Pass\2014-Dredge\Permit-Modification\Clam Pass-DEP-Kristn a.docx From: Ior31or3r @:ao!.com Q Subject: Fwd:Permit 029608 7-001-JC,HM File No.9-068-Public Records Request Date: April 17,2015 at 11:21 AM To: naplessusan@comcastnet FYI Linda ----Original Message---- From: lor3lor3<lor3lor3 @aol.com> To: Chiu.Cheng <Chiu.Cheng @dep.state.fl.us> Cc: Kristina.May<Kristina.May @dep.state.fl.us>; Jennifer.Coor<Jennifer.Coor @dep.state.fl.us> Sent:Thu,Apr 16, 2015 5:43 pm Subject: Re: Permit 029608 7-001-JC, HM File No. 9-068-Public Records Request Hello Mr. Cheng, Could you, Kristina,or Jennifer request the Applicant/Permittee to reduce the allowable Max.silt content to 5%in accordance with Rule 62B-41.007(2)0)for beach placement activities, as Dr. Lainie Edwards did in 2011 to protect the beaches and sea turtles? The text of the Rule 62B-41.007(2)0),F.A.C. is provided below: To protect the environmental functions of Florida's beaches, only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system.Such material shall be predominately of carbonate,quartz or similar material with a particle size distribution ranging between 0.062mm(4.0(p)and 4.76mm(-2.25 cp)(classified as sand by either the Unified Soils or the Wentworth classification),shall be similar in color and grain size distribution(sand grain frequency, mean and median grain size and sorting coefficient)to the material in the existing coastal system at the disposal site and shall not contain: I. Greater than 5 percent,by weight,silt,clay or colloids passing the#230 sieve(4.Op); 2.Greater than 5 percent, by weight,fine gravel retained on the#4 sieve(-2.25 yr); 3. Coarse gravel,cobbles or material retained on the 3/4 inch sieve in a percentage or size greater than found on the native beach; 4. Construction debris,toxic material or other foreign matter;and 5.Not result in cementation of the beach. If rocks or other non-specified materials appear on the surface of the filled beach in excess 0'50%of background in any 10,000 square foot area, then surface rock should be removed from those areas. These areas shall also be tested for subsurface rock percentage and remediated as required.If the natural beach exceeds any of the limiting parameters listed above,then the fill material shall not exceed the naturally occurring level for that parameter 10%silt content is incompatible with the sand on the beaches north and south of Clam Pass. From 1998 to 2012,the allowable max. silk content was 5%.An attempt to increase the allowable silt content to 10%by the Applicant of Permit No.0296087-001-JC in 2011 was denied,and revised to 5%at the request of Dr. Lainie Edwards. The 10%silt content requested by the Applicant of Mod. No. 0296087-002-JN for the March 2013 emergency dredge was due to restrictions imposed by the Army Corps NW3 Permit. In fact, after the March,2013 dredge,the high silt content dredged materials placed adjacent to the Pass became as hard as cement.This must not be allowed to continue. The current Modification No. 0296087-003-JN is an integral part of the long-term Clam Bay NRPA Management Plan,there is no reason for its QA/QC Plan to be exempted from Rule 62B-41.007(2)0), F.A.C..The exemption allowed for the March 2013 emergency dredge has proven detrimental to the adjacent beaches which are vital nesting grounds for significant numbers of sea turtles. Thank you for your kind attention. Sincerely, Linda Roth --Original Message--- From: Cheng, Chiu<Chiu.Chengndep.state.fl.us> To: lor3Ior3 <lor3lor3aol.com> Sent: Thu,Apr 16, 2015 2:12 pm Subject: RE: Permit 029608 7-001-JC, HM File No. 9-068-Public Records Request Hi Ms. Roth, Sorry about that, I thought you had the emails. But here they are: Kristina May: Kristina.May_@dep.state.fl.us Jennifer Coor: Jennifer.CoorPdep.state.fl.us I spoke to both of them about it briefly this morning, and they are looking further into this. However, to change the QA/QC values can't be guaranteed because it was approved through mod. 002-JN, and the Permittee would have to agree to amend it. Sincerely, Chiu Cheng Environmental Specialist II Florida Department of Environmental Protection Beaches,Inlets,and Ports 2600 Blair Stone Road, MS 3544 Tallahassee, Florida 32399 (850)245-7585 From: lor3lor3@aol.com [mailto:lor3lor3(aaol.com] Sent:Thursday,April 16, 2015 1:41 PM To:Cheng,Chiu Subject: Re: Permit 029608 7-001-1C, HM File No.9-068-Public Records Request Dear Mr. Cheng, Thank you for your prompt response. I feel it is important to reiterate that the 10%silt content allowed by Modification No. 0296087-002-JN was done only as an expedient temporary measure in face of an emergency(Clam Pass closure). Modification No. 0296087-002-JN was designed to complement the single event Army Corps NW3 Permit that imposed a number of restrictions; Modification No. 0296087-002-JN was never intended as a long-term maintenance plan for the Clam Pass/Clam Bay Natural Resources Protection Area(NRPA). The Dredging Plan in the current request for modification to the original Permit No. 0296087-001-JC is an integral part of the 2014 Clam Bay NRPA Management Plan. It was thoughtfully developed over an 18 months period together with the Management Plan.The Dredging Plan was approved by the Collier County Commission in December 2014, and the Management Plan was approved by the Commission in i .,, ')(1 A I,, n,.,.�..,he,r')(1 A +1.,e('.,....r.;<.s,.., +a,-,++h„ nr,,,+„i.,,, of,., -,.,A+hn fl Ann-.ne,mc,n+ .../C1111.21=11 y LV IJ. III VGl.GI I IIJ6I LU I T, (I IC. %../1J1111111001%./1 I QIO.11 VOLGV MOIL II IG vi cUyII IV I 101 CIS IV LI IC IVIQI iayci I ICI IL Plan should not be separated as the Dredging Plan is a component of the Management Plan. The QA/QC Plan of the original Permit No. 0296087-001-JC had an allowed max. 5%silt content required to protect sea turtles and invertebrates and to minimize the effect of beach material incompatibilities. The QA/QC Plan of Modification No. 0296087-003-JN should reflect the more restrictive criteria used in the original Permit No. 0296087-001-JC as it is a long-term maintenance plan for the Clam Pass/Clam Bay NRPA ecosystem. Thank you for looking into the dredge width of Cut A.According to the dredge plan drawings in Mod.-003-JN, and those in the Management Plan,the dredge width of Cut A is reduced to 50'.The dredge widths of Cut B &C are reduced to a max. of 100'. I do not have the email addresses of Kristina May, and Jen Coor, could you please send them to me? Please continue to update me on actions being taken on this permit modification. Thank you so much for your kind attention. Sincerely, Linda Roth ----Original Message— From: Cheng, Chiu <Chiu.Chenq,'cr7dep.state.fLus> To: lor3lor3<lor3lor3(?aol.corn> Sent: Thu,Apr 16,2015 9:18 am Subject: RE: Permit 0296087-001-JC, HM File No. 9-068- Public Records Request Dear Ms. Roth, I have forwarded your comments to the permit manager for this modification, Kristina May, and our coastal geologist,Jen Coor,who reviews and approves sediment QA/QC plans. As you mentioned below,the original QA/QC plan authorized a max. silt content of 5%. However, modification No. 0296087-002-JN increased this to 10% and it would need to be revised again to change that value. The mod. 003-JN drawings are inconsistent with the mod. request (100 feet allowance at all cuts, vs. only 50 feet at cut A). We will look into this issue and get back to you as soon as possible. You are always welcome to contact me if you have any questions, but it'll probably be easier for you to contact Kristina directly on any necessary changes/revisions to the current modification. Sincerely, Chiu Cheng Environmental Specialist II Florida Department of Environmental Protection Beaches, Inlets,and Ports 2600 Blair Stone Road, MS 3544 Tallahassee,Florida 32399 (850)245-7585 From: lor3lor3(1)aol.com [ mailto:lor3lor3(aaol.com Sent:Tuesday,April 14, 2015 6:28 PM To:Cheng, Chiu Subject: Re: Permit 0296087-001-1C, HM File No. 9-068-Public Records Request ftp://ftp.dep.state.fl.us/pub/ENV-PRMT/collier/issued/0296087 °/020Clam%20Pass/001 JC/Final%200rder/ Dear Mr. Cheng, The above link is to Permit No. 0296087-001-JC(Final Order),the original permit which Modification No. 0296087-003-JN seeks to modify. Please click on the link,after it opens,click on"attachments"to see the final QA/QC Plan authorized for the original permit. As you can see, on the third page of the QA/QC Plan for Permit No. 0296087-001-JC,the allowable Maximum Silt Content is 5%. Permit Modification No. 0296087-003-JN is now in error. Maximum Silt Content should not be 10%as it is in the QA/QC Plan attached to Modification No. 0296087- 002-JN which was a companion permit to the single event Army Corps NW3 Permit,an emergency permit to re-open Clam Pass when it was closed in Dec,2012.This QA/QC Plan was an earlier plan submitted by the Applicant of Permit No. 0296087-001-JC.The 10%silt content in Permit No. 0296087-001-JC was deemed unacceptable, and revised to 5%. Please see email below from Dr. Lainie Edwards on June 9,2011. Dr. Edwards, a permit reviewer, and I were concerned about the high silt content(10%) requested by the Applicant, since the silt content of the adjacent beaches was approximately 3%. Dr. Edwards requested the Applicant to revise the allowable silt content to be 5%. Could you please request the Applicant of Modification No. 0296087-003-JN to revise the Sediment Silt Content to 5%as authorized in Permit No.0296087-001-JC?A 10%silt content is extremely detrimental to the ability of sea turtles to dig nests and it kills small invertebrates in the sand. Also note there is a major error on the first page of the"Cover Letter"contained in the link below.The error is highlighted in yellow. ftp:!/ftp.dep.state.fl.us/.ub/ENV-PRMT/collier/.endin./0296087-003 Clam%20Pass%20Mod/Application/00- ClamPass-CoverLetter-PennitModReciuest.pdf The text says: "Dredge Template Modifications to the dredge template can be summarized as follows: • .The dredge template has been modified to not exceed 100'width at any location. • .The sides of the dredge template have been adjusted so as not to encroach within 15 feet of existing mangroves in water above-2'MI-IW or within 5 feet in water below-2" To be consistent with the Permit Dredging Plan drawings, and the Clam Bay NRPA Management Plan, it should state: The dredge template has been modified to not exceed 50'width in Section A,and to not exceed 100' width in Sections B&C. Thank you for your kind attention. Sincerely, Linda Roth .AOLWebSuite.AOLPicturesFullSizeLink{height:ipx;width:ipx;overflow:hidden;) .AOLWebSuite a{color:blue;text-decoration:underline;cursor:pointer).AOLWebSuite L..bl.- r�.-.....�. .l.,r__7al (1..7.-7.....11.R......,..... 1.1.11,S4311#Ecuiaw-:uG,ULLUp-----VtIF'ui u iiebsiii'e From:Edwards,Lainie< Lainie.Edwards @dep.state.fl.us> To:lor3lor3< lor3lor3(a�aol.com > Cc:Blair,Lucy< Lucy.Blair@deo.state.fl.us>;Barnett,Michael< Michael.Barnett @deo.state.fl.us> Sent:Thu,Jun 9,201112:58 pm Subject:RE:Comments on JCP No.0296087-oo1-JC Ms.Roth, Thank you for your comments regarding the Clam Pass Maintenance Dredging Project (0296o87-ooi-JC). The width of dredging on this project was requested by the Applicant in the application. .. Also,the maximum silt content allowed for beach placement from this project has recently been revised to 5%in the accepted Sediment Quality Assurance Quality Control plan,in accordance with Rule 62B-41.007(2)(j)for beach placement activities. However,we appreciate your input and will review and consider all submittals prior to making a final determination on this project. Thank you, Lainie Edwards,Ph.D. Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection 3900 Commonwealth Boulevard,M.S.300 Tallahassee,Florida 32399 850-414-7796(phone)/85o-414-725(fax) —Original Message— From:Cheng,Chiu<Chiu.Cheng( dep.state.fl.us> To:lor3lor3<Ior3lor3@aol.com> Sent:Tue,Apr 14,2015 8:11 am Subject:RE:Permit 0296087-001-JC,HM File No.9-068-Public Records Request Good morning Ms. Roth, Attached, please find the approved QA/QC plan. It is stored in the 0296087-002-JN modification. I did not send you links to the original permit and the 1st modification since you had only requested documents since January 2014. 0296087-001-1C: htto://depedms.deo.state.fl.us:80/Oculus/servlet/shell?command=hitlist&jfreeText=j& jfolderName=1&(profile=Permitting Authorization]&l creator=1&jentitvTyoe=anyl&[createdDateTo=1& ]catalog=201&fsearchBy=profile]&jsortBy=Document+Datel&jcreatedDate=j&{District= EQ TLH}& -(County= EQ COLLIER?&{Facility-Site+ID= EQ BCS 0296087-001-JC) 0296087-002-IN: htto://depedms.dep.state.fl.us:80/Oculus/servlet/shell?command=hitlist&[freeText=1& jfolderName=1&Eorofile=Permitting Authorizationl&]creator=1&(entityType=any]&jcreatedDateTo=]& jcataloq=201&1searchBv=orofilel&jsortBy=Facility-Site+IDj&(createdDate J&{District= EQ TLH}& {County= EQ COLLIER}&{Facility-Site+ID= EQ BCS 0296087-002-JNI You can also search the different permits yourself by-entering in the Facility/Site ID: BCS_XXXXXXX-XXX- YY Tho filac ran of rrnirca alcn ho fntunrl nn tho flanartmant'c%mohcito• http://www.dep.state.fl.us/beaches/permitting/counties.htm I have asked Kristina to add your name to the cc-list for all agency action notifications for modification 003-1N. You should check the Oculus link for that mod.to see if additional documents are added. Since this is a minor mod.,there shouldn't be too many things added to the file. Feel free to contact me if you have additional questions. Sincerely, Chiu Cheng Environmental Specialist II Florida Department of Environmental Protection Beaches,Inlets,and Ports 2600 Blair Stone Road,MS 3544 Tallahassee, Florida 32399 (850)245-7585 From:lor3Ior3 a aol.com[mailto:lor3lor3 @aol.com I Sent:Monday,April 13,2015 9:28 PM To:Cheng,Chiu Subject:Re:Permit 0296087-001-JC,HM File No.9-068-Public Records Request Dear Mr.Cheng, I was unable to find the QA/QC Plan in any of the documents you sent me.Could you please send me a copy of the QA/QC Plan as referenced by Jen in the email below? Thank you for your kind attention. Sincerely, Linda Roth From:Coor,Jennifer To: May, Kristina Subject: RE: Clam Pass Maintenance Dredging Modification-File No.0296087-003-JN Date:Wednesday,April 01,201512:51:02 PM Hi Kristina, The dredge template for the mod is within the original dredge template Jcnn Koch approved.She also approved the QA/QC plan,so everything is good for geotcch.No questions for the RA1. Please let me know if you have any questions. Thanks, Jen / - — ---- - -