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Agenda 05/22/2014 PELICAN BAY SERVICES DIVISION Municipal Service Taxing and Benefit Unit NOTICE OF PUBLIC MEETING THURSDAY, MAY 22, 2014 THE CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION WILL MEET THURSDAY, MAY 22, 2014 AT 1:00 PM AT THE COMMUNITY CENTER AT PELICAN BAY, 8960 HAMMOCK OAK DRIVE, NAPLES, FL 34108. AGENDA The agenda includes, but is not limited: 1 . Roll Call 2. Agenda Approval 3. Audience Comments 4. Discussion of Changes to the Latest Draft of the Management Plan 5. Discussion of Approval of Management Plan 6. Time Lines for Applications for the Nationwide and Ten-year Dredging Permits 7. Next meeting and Suggested Topics for same 8. Other 9. Adjourn ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO ONE (1) MINUTE PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749. VISIT US AT HTTP://PELICANBAYSERVICESDIVISION.NET. 5/19/2014 i May 22 Clam Bay Committee meeting background information I suggest that we review/resolve Edits A, B, and C (included with meeting materials) at the meeting. If you do not agree with any of the suggested edits,please let it be known at the meeting. I am also suggesting that we edit Chapter 5--the goal and objectives. Once I get the latest draft of the plan, I will attempt to incorporate input from the workshop, Dave Trecker, and Kathy Worley on the goal and objectives. I hope to distribute it on Wednesday so you have a chance to review it before the meeting. It appears that the file of Kathy Worley's edits of the management plan is too large for the computer at the PBSD office so we won't get a hard copy of it with the meeting materials. I think we all received it via email on Friday. If this is a problem, please let Mary know. Edits C contains my suggested edits from Kathy's edits for Chapters 1, 2,4,and 6. Tim and Arielle were asked to review Kathy's edits for Chapter 3 and the Appendices. Kathy's edits for Chapter 5 will be incorporated into my suggested edits for Chapter 5 for the committee to discuss at the meeting. Written comments that will be included with meeting materials: Dave Trecker, Marcia Cravens,John Domenie, Mike Levy, and Joe Chicurel. Susan O'Brien z Edits A page 1 Questions for Committee members for meeting on May 22. Page numbers below are for Version 5.0. 1.Text on pages 7 and 69 was changed following the April 22 committee meeting from "Under Florida Statute 327.46,the speed of motorized vessels in portions of the Clam Bay NRPA can be restricted to idle speed/no wake or slow speed/minimum wake through the enactment of Collier County ordinances and subsequent approval by the Florida Fish and Wildlife Conservation Commission." to "The operation of motorized watercraft has been limited idle/speed/no wake per Collier county Ordinance 96-16. This ordinance is no longer consistent with Florida Statutes,therefore the PBSD is currently undertaking modification of the ordinance to be consistent with current state statutes and Florida Fish and Wildlife Conservation Commission (FWC) guidelines." Suggested edit for pp. 69-70 Recreational Use Some residents of the Seagate community immediately south of Outer Clam Bay have historically used motorized watercraft in Clam Bay. The relatively shallow waterways of the system,in conjunction with the boardwalk heights,limit the size and draft of motorized vessels. Per Florida Statute 327.46,the speed of motorized vessels in portions of the Clam Bay NRPA can be restricted to idle speed/no wake or slow speed/minimum wake through the enactment of Collier County ordinances and subsequent approval by the Florida Fish and Wildlife Conservation Commission. Per Florida Statute 327.33,it is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel or manipulates any water skis, aquaplane, or similar device at a speed that endangers the safety of persons or property. Efforts to identify and report those who maybe in violation of appropriate Florida statutes will continue to insure that the Clam Bay BRPA is a safe place for all those who enjoy its unique environment. 2.p. 2 of T. of contents Objective 5 the words "safe and"were added. Are committee members ok with this change? 3. p. 78"if funding is available"has been added to some of the activities. This language was not used in Ver.4.4. On p. 77 in 2nd.par lines 3-4 plan says that"The ability to implement specific goal objectives ...will be based on funding and staffing 3 Edits A-page 2 availability." Do committee members want to use draft of objective 1 in version 4.4 (p. 73) or draft on p. 78 of Ver 5.0? 4. p. 79 Objective 3.A.Last activity"Develop a plan to assess freshwater and saltwater inputs within the watersheds? Are committee members ok with this addition? 5. p. 80 Objective 5 In an earlier version of these activities the number of inspections was reduced from three a year to once a year? Which version do committee members prefer? 6.Appendix 1 Twenty pages of figures on wave and wind data were added after April 22 committee meeting.Are committee members ok with this addition? 7. Exhibits 2013 dredge template was added after April 22 committee meeting. Are committee members ok with this addition. 8. Page 30 Last paragraph is about work done as a result of the 1998 plan. Should verbs in paragraph be put in past tense to reflect that the restoration was completed or should the paragraph be deleted. A similar paragraph is on page 11. Edits B-Workshop input page 1 This is input received at May 14 workshop based on a review of the audio tape. Pages numbers below are for Version 5.0 . After the latest draft of management plan is available on Monday, any edits already incorporated by Tim and Arielle will be removed from the list. The remainder will be reviewed by committee at Thursday's meeting. Questions for committee members are in bold. p. 3 par 2 concern over saying 1998 plan focused on the mangroves. Suggestion: add "primarily"before mangrove health and recovery in line 5 p. 3 par 3 concern over not saying 2014 plan is an update of 1998. Committee had previously decided that current text is the preferred way to leave issues in 1998 plan behind. Suggestion: no change p. 3 par 4 concern that others besides Turrell Hall were responsible for implementation of 1998 plan. Suggestion: add "primarily"before responsible in line 2 p. 3 par 5 request to delete references to Conservancy of SW FL and Sierra Club. Suggestion: change sentence to: "Members of the audience, including representatives of the Mangrove Action Group, regularly contributed to the discussions at committee meetings." p.4 par 1 concern over use of many in line 2. Suggestion: Change Many to Some. p. 5 par 2 concern over line 1 Suggestion: Change to "The Pelican Bay Municipal Service Taxing and Benefit Unit is a dependent district formed pursuant to Chapter 125..." p. 5 Question Should Role of PBSD be placed after the chapter 4 on objectives? p. 6 par 3 concern over is appropriate in last line. Suggestion: Delete is appropriate. pp. 12-18. Concern over two separate timelines. Suggestion: Leave as is because the committee decided to highlight the NRPA timeline by having a separate timeline for NRPA- related activities. p. 17 2012 suggestion to add"permitted and"before installed. Suggestion: add these words. p. 25 par 2 Suggestion to delete reference to Appendix 1 and Appendix and to include brief explanation at the beginning of the Appendix if it remains in the Appendix. Suggestion: Committee decide whether to keep or delete Appendix 1 and its reference on p. 25 c Edits B Workshop input page 2 p. 26 Concern over using FLUCFC designations. Committee had previously discussed this, and Tim said these were the designations used by the regulatory agencies so he thought they should be used. Committee members agreed at the time. Suggestion: make no change. pp. 27-51. Concern over some sections begin with general information about the habitat and then discuss Clam Bay and other sections start with specific information about Clam Bay. My guess is that several members of Turrell Hall's staff have worked on this part of • the management plan. Suggestion: Unless the information is accurate,it's OK as is. pp.27-51 Concern that some sections mention management concerns and others don"t. Question: Do all sections need or require management suggestions. p.40 Concern that three types of seagrasses in Clam Bay are not in photos. They are, however,mentioned in the text. Suggestion: make no change. p. 62 concern that water flowing through culverts is not included. Suggestion: Tim has been asked to add information on water flow through the culverts,including information • about the installation and removal of the flaps and that about 75-80% of the water flows through the culverts originates in Clam Bay while 20-25%comes from Venetian Bay. p. 62 concern about role of irrigation water in water management. It was suggested that selected content from 1998 plan be used to address this issue. p. 67 par 6 concern about 500 acres. Suggestion: add"of the 570 acres of the Clam Bay NRPA to line 2. p. 68 par 3 concern over channels in line 6 Suggestion change channels to creeks p. 69 par 4 concern over low-impact not being used before recreational endeavors in line 4. Suggestion: move low-impact from line 5 to line 4 before recreational endeavors. p. 75 FDEP and USAGE permits in 2010 and 2011 concern that"and mangrove trimming" was not included in project descriptions. Suggestion: Add these words. p.79 last line concern about within the watershed. Suggestion: change to within. pp. 79-80 Objective 3 A&B. Activities need to be edited to delineate management plan activities re: watering entering Clam Bay from the uplands. Edits B-Workshop input page 3 p. 80 objective 5A. Concern about second bullet. Suggestion: change to two bullets,one dealing with litter and the other with vegetation. p. 80 objective 5A. concern that responsible entity should be named. Suggestion: consider adding Waldorf Astoria Hotel staff and/or County Parks and Recreation Dept. p. 82 Concern that it is not clear that multiple variables will be considered before dredging is recommended. Suggestion: Add sentence: Data on all variables will be considered,not just data on selected variables. p. 84 par 2 line 2 concern over use of template. Suggestion: change to region. p. 84 figure concern over dredging template Suggestion: delete dredging template and show Segments A,B,&C. p. 86 Concern that Table C came before Table B. Suggestion: Reverse tables. pp. 87& 88. Concern about using inlet channel length and ebb shoal are variables or targets. M.Dabees explained that the condition of the ebb shoal should be among the variables considered to assess need to dredge p. 5 of 14 of Appendix 2 last line change Lagoon to Bay p. 8 of 14 of Appendix 2 par 2 line 5 change had-dug to hand-dug and change has to had pp. 8 and 9 of 14 of Appendix 2 2005 says last hand-dug channels were dug in 2005 and 2006 says they were dug in 2004. Use the same date in both write-ups. Other comments/questions That wild turkeys and flamingoes had been sited in Clam Bay That research done in County Park needs County's permission. That County is already monitoring and reporting on turtle activity. That Collier County's Natural Resource Dept.has completed many technical reports on Clam Bay. That additional information was needed about black mangroves and that information about oysters was inaccurate. No specific information provided. Will monitoring activities add significantly to PBSD costs. (Response: some cost,but not significant) Should sea level change factors be included? (Response from M. Dabees: in the next ten years,that is unlikely to be play a major role in management activity in Clam Bay) Two attendees said management plan was very good and additional work beyond what was planned was unnecessary. Two attendees said that additional time and work on the management plan was needed. 7 Edits C Trecker/Worley/Cravens page 1 Suggested edits that have not been previously addressed. Pages numbers below are for Version 5.0. If committee members do not support any of these edits,please let it be known at the Thursday's meeting. Questions for committee members at Thursday's meeting are in bold. Dave Trecker's written edits p. 7 par 4 line 7 Begin new sentence after statutes. "Therefore,the PBSD..." p. 9 par 2 line 2 and par 4 line 1 make it high-rise p. 9 par 3 line 2 make it A four-to six-foot high and 22-mile long pp. 12-18 make tense consistent throughout. p. 18 1995 line 2 change semicolon to comma p. 18 1998 Replace CBRMP with Clam Bay Restoration and Management Plan p. 31 Use labels so location of gauges will be better understood. p. 43 par 4 line 1 use are instead of is p.43 par 4 line 2 delete semicolon Questions for committee: p.82 Should headings be relabeled as suggested? Should tables on pages 85 &86 go into appendix?Does the management plan need an executive summary? Should chapters be changed as Dave suggests? Should FDEP site-specific criteria approved by FDEP be included in Water Quality section? Dave's edits for objectives will be considered with other edits for Chapter 5. Kathy Worley's written edits Question: title page.Should title page be changed as Kathy suggests or remain the same? p. 2 FWC Make it commission Question: p. 3 par 1 line 4 Should verbs be changed to protect,preserve and maintain or leave as is? p. 3 par 2 line 3 change develop to present p. 3 par 2 line 6 delete "not just the mangroves" p. 7 par 1 add after Florida It consists of approximately 420 acres of mangroves and some115 acres of shallow, open water bays,as well as a 35-acre beachfront parcel and about 1.5 miles of sandy beach. Question: p. 8 Should area of seagrass and dunes be added to table? p. 9 par 2 line 9 add after developed for the Bay Colony and Strand communities within Pelican Bay p. 9 par 5 line 3 replace so early with prior to stormwater regulations,no community-wide stormwater system existed and septic systems were used for waste disposal. p. 9 par 5 line 4 put commas after improvements and delete to be put in place p. 9 par 5 line 7 add by motorized vessels after Clam Bay p. 10 par 3 delete (has been added to p. 7 p. 10 par 2 lines 4&5 delete parenthesis and use comma after wildlife; add its natural setting after enjoy and sentence after setting and delete rest of paragraph p. 10 par 5 line 1 change these to the and add in the Clam Bay NRPA after types Edits C Trecker/Worley/ Cravens-page 2 pp. 10 &11 delete historical overview section which has been merged with natural history p. 10 add par 6 The timelines presented later in this section are intended as background information based on anecdotal press, and unpublished reports. p. 11 par 5 line 5 insert after system removing impounded water from the die-off area and the construction... p. 21 2013 Add Clam Bay Mangrove Assessment Report completed within the Clam Bay NRPA by the Conservancy of Southwest Florida. Study provided an evaluation of the health of the Clam Bay mangrove forest from 1999-2013 p. 21 2013 Put period after initiated and delete remainder. Chapter 3. Tim and Arielle have been asked to incorporate edits that correct errors and/or clarify information. p. 71 par 3 line 2 add impounded after divert p. 71 par 3 lines 3 &4 delete Although so sentence reads This plan was never implemented, and it is no longer being considered. p. 71 par 3 lines 4-8 delete text after considered p. 71 par 5 line 1 delete It is anticipated that so sentence begins with FDEP p. 82 par 2 line 2 add and if such conditions are uncorrectable by the dynamics of natural hydrological and meteorological processes or any factors that influence the inlet dynamics of Clam Pass. p. 82 par 5 line 2 end sentence after renourishment. Start new sentence Beach compatible sand removed as part of the dredging event will be spread on area beaches if allowed by the permitting agencies. p.82 par 7 Add second sentence. Data on all variables will be considered,not just data on selected variables. p. 82 par 9 line 1 change is to are p.82 par 9 line 3 delete in the bay that is an indicator and substitute within Clam Bay and one indication p: 83 par 2 line 2 add potential before dredging p.89 par 1 line 4 add sentence In Sections B and C where seagrass may be present every effort will be made to avoid dredging activities that would be harmful to seagrass. p. 91 delete first sentence p. 91 line 5 delete and before public an add etc. after education p. 91 line 7 add within or after conducted p. 91 last line delete the before FDEP and USAGE Appendices Tim and Arielle have been asked to edit the Appendices as appropriate. Question: Should Goal/objectives flow chart be added to Exhibits? If so it needs to be edited to reflect final wording of goal and objectives. Marcia Craven's written edits Question: Should the 2014 management be considered an update of the 1998 plan rather than a new plan that supersedes previous plans? Question: Should the revised ordinance not be submitted to the BCC for adoption? a McCaughtryMary From: MARCIA CRAVENS [goldandrose@mac.com] Sent: Friday, May 16, 2014 4:43 PM To: ResnickLisa; McCaughtryMary;Johan Domenie;Joseph Chicurel; Susan O'Brien; Tom Cravens; Michael Levy Cc: Tim Hall Subject: First Submission of Follow-ups to Sierra Club verbal comments at 5-14-14 Workshop- includes attachments of USFWS 2-22-13 Biologic Opinion(BO)in full and pp.4-5; 33; & 39-43 excerpts of"Biological Opinion, Description of the Proposed Action"; "Prude... Attachments: 20130222_Letter_Service to Corps_BO Clam Pass Dredging&Sand Placement 2010 CPA 0395.pdf.pdf; ATT00001.txt; 20130222_Letter_Service to Corps_BO Clam Pass Dredging &Sand Placement 2010 CPA 0395.pdf.pdf;ATT00002.txt; 20130222_Letter_Service to Corps_BO Clam Pass Dredging&Sand Placement 2010 CPA 0395.pdf.pdf;ATT00003.txt; 20130222_Letter_Service to Corps_BO Clam Pass Dredging&Sand Placement 2010 CPA 0395.pdf.pdf.pdf; ATT00004.txt;20130222_Letter_Service to Corps_BO Clam Pass Dredging &Sand Placement 2010 CPA 0395.pdf.pdf.pdf;ATT00005.txt; 20130222_Letter_Service to Corps_BO Clam Pass Dredging&Sand Placement 2010 CPA 0395.pdf.pdf.pdf; 20130222 _Letter_Service to Corps_BO Clam Pass Dredging &Sand Placement 2010 CPA 0395.pdf.pdf.pdf; 20130222_Letter_Service to Corps_BO Clam Pass Dredging &Sand Placement 2010 CPA 0395.pdf.pdf.pdf; ATT00006.txt;20130222_Letter_Service to Corps_BO Clam Pass Dredging &Sand Placement 2010 CPA 0395.pdf.pdf Dear Clam Bay Committee Members and Other Recipients, Please do not respond with any "Reply All" email to these comments, but if you have questions or request clarification of any portion of this email, please send same as a "Reply" only to me and I will make every effort to timely respond to you. This email consists of a First Submission of Follow-Up Comments to the verbal comments that I made on behalf of the Sierra Club during the Clam Bay Committee's Workshop on Version 5.0 of the "Clam Bay NRPA Management Plan". My intent is that I'll provide written followup comments by separate emails for each of the major concerns that I had verbally commented on and they will generally follow the sequence of verbal comments I made at the 5-14-14 workshop. First Submission Follow-Up: Concerns that Pelican Bay Services Division Has NOT Followed Directions of the Board of Collier County Commissioners to "UPDATE" the 1998 Clam Bay Restoration and Management Plan. This is not the first time that I have expressed such a concern. On at least one prior instance of expressing such concern, I provided citation and excerpts of the official record of the December 11-12-2012 Agenda and meeting minutes of Collier County Commission, whereby the motion, discussion, and action to approve the motion on BCC items, X, Y, and AC were approved by majority vote. Those items clearly demonstrated Commissioner Hiller's had placed items X and AC on the agenda with the intent that the PBSD would "Update" the Clam Bay Restoration and Management Plan" and that Turrell, Hall and Associates would provide a change work order to the PBSD, TDC, and BCC to "Update the Clam Bay Restoration and Management Plan". Attached to this email, I'm now providing the complete USFWS +Biologic Opinion for the 2013 Nationwide Permit and have excerpted several individual pages below to highlight to the Clam Bay Committee that in addition to the BCC direction to the PBSD and their consultant, Tim Hall - the BCC also approved that Commissioner Hiller would send a letter to the Corps and inform them that responsibility for management of Clam Bay Preserve had been returned to the PBSD, including the responsibility to prepare and submit for permitting to dredge Clam Pass and that such dredging would be based upon an Update to the 1998 Clam Bay Restoration and Management Plan. 1 Accordingly, the Corps and the USFWS took note of that situation and it is reflected in the Nationwide Permit and the Biologic Opinion which is required for a Corps permit to dredge Clam Pass. I hope that you will review all of this information and modify the recommendations for the Clam Bay NRPA to reflect that they are in fact intended to Update the 1998 Clam Bay Restoration and Management Plan-- just as the BCC directed the PBSD and Consultant to do and just as the BCC had informed the Corps and the USFWS would be done by the PBSD. Thank you for your review and consideration of this comment and its attachments. Marcia Cravens Chairperson, Sierra Club Calusa Group (239) 594-8256 goldandrosePmac.com 2 it . MARCIA CRAVENS i;o:!it_u. o:.:>(=?ri c.c I:or' G9 - Re:Report re PB Community Survey May 17,2014 at 10:28 AM • 'i'(::+i:`.!';I)'...J Cart EC:[ fif!C'i<''.�, I'�_C;O:n�.:st.�:. t 'hLL. (3111:sa COM, a;SibC 'C� i'.ii n . . . :'I:i'. .,�:,i, ... ii.. -C':'.:'•v.'i`c;.+._Ill, .....,i16.. .1:.;;i�':i2:=:i. 3ra??';�:'� ,. Cf' iC4 in "t _,�iC.il , :11.s," il,„ I l,f CiiGC:: n f£•. 1�'_ U.0 ril, • • +?"21 __u9,t�;C`��.:clJ:f.;;'; .9;, ,',(;i l;"c�°! ( `i, ;ili l+;f ",Q? ,?r •I c,C. :,i.,^.! S: ,iCti CCi1IChSi,la This email is intended to provide information that there are at least two DIFFERENT Florida Statutes that provide for establishment of speed restricted zones for boating operations. One is a Safety based Florida Statute,the other is a Marine Mammals Protection Florida Statute that contains the Florida Manatee Sanctuary Act. Please, understand that an Idle Speed-No Wake Zone was recommended by the Collier County Manatee Protection Plan(MPP),which is mandated under the provisions of the Manatee Sanctuary Act this is contained in a section of the Florida Statutes under l 379.2431 Marine animals; regulation, (See Ss 2.(p)]. This is not the Florida Statute on Vessel Safety (327.46 FS) that Tim Hall and Susan O'Brien are citing in their recommendations to amend Ordianance 96-16 for the purpose of BoatingNessel Safety. Ordinance 96-16 is an active ordinance, but needs to be amended to conform to current Florida Statutes for it to be an"enforceable" ordinance. However,the Florida Statute that Tim and Susan have recommended to be cited for the basis of making changes to Ord.96-16 will not meet the criteria that FWC will use when they review it. As a member of the ad hoc committee that was formed in 2011 to recommend appropriate waterway markers for the Clam Pass System,I communicated with Ryan Moreau often to get his clarification of how FWC reviews markers issues.I was also on a telephone call wherein he informed Commissioner Hiller that the Clam Pass system does not meet the criteria to establish speed restrictions for the purpose of Safety because there's no records of collision damages,injuries,etc....Speed restrictions on boating operation cannot be established from opinions, predictions,inference,or conjecture--only by factual records that accidents,injuries or death has been documented and therefore warrants restricted on boating in the waterways for Safety. I've attached a record of the BCC meeting wherein the ad hoc committee's recommendation was passed. Please pay close attention to what Commissioner Hiller stated at the bottom of page 143 of the BCC 1/10/2012 meeting minutes,"Fish and Wildlife has made it veru clear that there is no safety issue in Clam Bay.There is no history of accidents,iniuries,deaths.They will not mark a channel in the absence of clear evidence that there are safety concerns." The easiest,most appropriate,and most likely to be approved by the State FWC agency--way to amend Ord.96-16 is to amend it for establishment of a Manatee Protection Zone in the Clam Pass System, including Outer,Inner,and Upper Clam Bay and their interconnecting tidal creeks. This is consistent with the true intent of Ord.96-16,which is evident in the BCC meeting minutes whereby they discussed and then passed Ord.96-16 as having been recommended by the county's MPP and is consistent with the majority of the ordinance language. One problem with the existing language in Ord.96-16 is that the county titled it as a Safety ordinance,but they cited the Manatee Sanctuary Act Florida Statute. That confused the purpose of the ordinance and may have been a cause for the State to not have included the Clam Pass System in the FWC Manatee Protection Zones under the Manatee Sanctuary Act.. A recommendation to amend,so as to correct an error in the titling of Ordinance 96-16 and to update said amendment with the amended Florida Statute containing the Manatee Sanctuary Act is consistent with provisions in Florida Statute 379.2431 that allow local governments to establish speed restrictions,but requires an approval by FWC before the waterways are posted.The recommendations to amend ordinance 96-16 in this manner should also cite the Collier County Manatee Protection Plan pages,the MPP map which recommends the Clam Bays to be an Idle Speed-No Wake Zone,documentation of manatee observations in the Clam Pass System(which could include the media coverage of manatee that was beached on the ebb shoal a couple of years ago and minutes of the BCC meeting to amend this ordinance-which will include statements by citizens attending the meeting that they have personally observed manatee in the waters of Clam Pass,Clam Bays and its tidal creeks. After passage of the amendments by approval of the BCC and the BCC direction to their staff to send the amended ordinance to the FWC along with the materials to support establishment of the Clam Pass System as a Manatee Protection Zone by posting it as Idle Speed-No Wake. •a BCC Minutes 01_10_201...R-2.pdf.pdf Marcia if; McCaughtryMary From: hobodory©comcast.net Sent: Thursday, May 15, 2014 10:10 PM To: McCaughtryMary; Lisa Resnick Subject: Clam Bay Committee Meeting I do not know which one of the two of you is now handling these e-mails, but hereunder are some comments regarding the next Clam Bay Committee Meetring: We are really working on three major projects: The Nationwide Permit The Management Plan, and A new 10 year Permit Application Although we would like to be able to present the "perfect" Plan to the BCC and regulatory agencies, I do feel that time is of the essence. The longer we delay in coming to an agreement on the Plan, we may find that any 10-year permit will only become available after the 2015 Turtle season ends - question: Can we wait that long? Can we continue to live with a Nationwide plan? I asked the question whether we could start working on a 10-year Permit before we have the Management Plan approved by the Committee, the Board and the BCC. Legally we can, but some in the audience felt that it would leave us open to challenges - but we are seeing the same challenges now for the Management Plan. Both Dave and Kathy appear to desire a major modification in the presentation of the Plan - and they have e[pressed reasons for such a move. The chair of the Committee has gone over the Plan with a fine tooth comb - and made 200 minor typographical corrections - as well as some further suggestions. On page 3, second oparagraph I would not modify the statement that the 1998 Plan FOCUSED on the die-off. The die-off was the trigger that led to the Plan. Yes, other items were mentioned but the hand dug channels, the dynamiting, and the Pass were all a direct consequence of the die-off. A question was raised about the two Time Lines on pages 12 - 18 - suggesting that they could be merged. The Plan is called the Clam Bay NRPA Management Plan, so that it is appropriate that we emphasize the NRPA Time Line and not intermingle it with the overall Time Line. On Page 78 "B" - should we monitor sea turtle nesting - does not the County do this already? Are we duplicating the County's efforts. And I wonder if we can not consolidate some of the Objectives. Thus as an example, on Page 79 "B" - the first two bullets: Can't we just state: "Conduct annual monitoring of hand dug channels and perform maintenance as needed". Others could also be combined -thus on Page 80 "B" -the first three bullets could easily be combined into one sentence I go back to my oppening comments: Why can't we at least start working on the 10-year Permit (and nor present it to anyone), but at least be ready with the Permit Application when the Management Plan is finally approved. 1 /J One final thought- what ever we do - we will NEVER satisfy all interested parties. We have had 20 meetings we have had many, many revisions. Let's not start from scratch again, as then we will not be ready to present the plan in 2014, and a Permit will then only be presented late in 2015. Am I being to pessimistic? John 2 IMcCaughtryllfiary From: ResnickLisa Sent: Friday, May 16,2014 12:16 PM To: McCaughtryMary;Tim Hall; Susan O'Brien;Arielle Poulos; Mohamed Subject: Fwd: Clam Bay Committee Mtg on May 7th. Here are Mr. Levy's comments re: CBMP. Lisa Jacob Interim Operations Manager Pelican Bay Services Division 6200 Watergate Way Naples,FL 34108 (239) 597-2265 (office) (239)438-5239 (mobile) (239) 597-5400 (fax) lresnick@colliergov.net Sent from my iPhone Begin forwarded message: From:Mike Levy<rikelevy435@gmail.com> Date: May 15, 2014 at 2:25:01 PM EDT To: ResnickLisa<LResnick@colliergov.net> Subject: Clam Bay Committee Mtg on May 7th. I would like to offer the following comment regarding the draft Clam Bay Management Plan, Ver 5.0: The figure at the bottom of page 31(Clam Bay Tidal Ranges) contains illegible text. In particular, I believe there should be a legibly labeled vertical axis. Mike Levy mikelevy435@gmail.com Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 McCaughtryMary From: Joseph Chicurel [jhicurel©gmail.com] Sent: Friday, May 16, 2014 11:01 AM To: ResnickLisa; McCaughtryMary Subject: Edits 5.0 CB(NRPA)MP Lisa and Mary, Please forward this e-mail as a one-way communication to the Clam Bay Committee, Neil, and Tim/Arilelle. Thank you, Joe EDITS TO THE DRAFT 5.0 of the CB(NRPA)MP submitted by Joe Chicurel Title Page-the official name of this plan should be spelled out as CLAMBAYNATURAL RESOURCE PROTECTION AREA MANAGEMENT PLAN Move List of Figures,Tables,and Acronyms to the Appendix p.5 para.3 line2-write out entire name of the 1998 Plan:1998 Clam Bay Restoration and Management Plan p.5 end of page bullet 3-add after"(non ad valorem taxes)"the words of the residents and business members within Pelican Bay p.6 para.1 linel -add the before"PBSD" I'm not sure that this first sentence is clear in what it is trying to say. Can you tighten it up? p.9 para.1 last line-add after"Strand neighborhood of'Bay Colony that is within"the Pelican Bay development." p.79 Objective 3 A.bullet 1- add the word a after the first word"Continue" p.80 Objective 4 A.- change know to known I think the structure and organization the Plan is good. I believe the value of so much historical information and data is critical in the Plan's rationale for the NRPA's continued maintenance and management. I also do not fully understand the reasons for delaying our orderly progress in completing the Plan; the exact date for submission to the full PBSD Board and BCC is not set in stone but should not be changed solely because of threats by stakeholders. If differing opinions cause a delay in the time table so that a better outcome is produced so be it. There is nothing wrong with targeting dates for the project's completion. 1 TO: Susan O'Brien, Chair of the Clam Bay Committee FROM: Dave Trecker DATE: May 16, 2014 SUBJECT: Input for Clam Bay NRPA Management Plan My review of Version 5:00 (Draft dated May 1, 2014) leads to two conclusions. (1) There is a great deal of useful material there, nearly all that will be needed for an acceptable plan. The committee and consultants are to be commended. (2) The draft is badly organized. It is disjointed,repetitive and lacking in clarity and emphasis. I suggest it be organized as follows: I. Executive summary II. Background A. Introduction B. NRPA (taken from pp. 7-11) C. History (pp. 11-18 as is) D. Topography & Soils (taken from pg. 19-20,26-30, 34) E. Climate (pp. 21-25) F. Biology (greatly condense and summarize pp. 34-60; put the tables in the appendix) G. Hydrology (consolidate pp. 31-33,60-62,67-69, some or much of which is repetitive) H. Water Quality (taken from pp. 64-66) I. Recreation (pp. 69-70) J. History of Permits (pp.71-72; put permit details into an appendix) [There may be a better way to organize this section, e.g., re- ordering or further consolidating topics.] III. Management Plan (taken from pp. 77-90) A. Introduction B. Overall Goal (restate as on attached) C. Specific Objectives (reorder as on attached) D. Clam Pass Dredging 1. Dredging Policy 2. Monitoring &Dredging Criteria IV. Appendices Specific changes, many involving spelling, grammar or punctuation, are indicated on the attached sheets. More substantive changes ... Water Quality — List current Florida DEP site-specific regulations _ for Clam Bay water quality—the limits for the items listed on p.66. -- if not in the Water Quality section,at least in an appendix. Management Plan Strike 2nd paragraph Restate GOAL—The goal of the Clam Bay NRPA Management is to establish the basis for protecting and sustaining the health of the NRPA estuary. Retitle as Supporting Objectives Reorder Supporting Objectives 1. Ensure the estuary has adequate tidal and freshwater flows to maintain ecological health within the Clam Bay NRPA. 2. Monitor,maintain and enhance water quality within the Clam Bay NRPA. 3. Maintain and protect the native floral and faunal communities within the Clam Bay NRPA. 4. Protect archaeological sites within the Clam Bay NRPA. 5. Ensure that recreational activities are compatible with the Clam Bay NRPA. Changes in details of the Supporting Objectives are indicated on the attached sheets. III. D. Clam Pass Dredging 1. Dredging Policy ... as stated 2. Monitoring and Dredging Criteria ... as modified on attached I hope these suggestions are helpful. While I don't support the Version 5.0 draft as presented,I think it can be modified and made acceptable to all stakeholders. Dave Trecker 5/16/14 ADDITIONAL INPUT TO CLAM BAY MGT.PLAN Under what is now listed as Objective 3 (p. 80),revise as indicated below: B. Promote programs for controlling water pollution from point and non-point sources • Promote Best Management Practices (BMP) for fertilizer use and irrigation in Pelican Bay. • Promote programs to reduce algae levels in upland stormwater ponds in Pelican Bay. • Promote programs to reduce dissolved copper levels in upland stormwater ponds in Pelican Bay. I don't understand the last proposed bullet: "Seek to determine the possible impact of upland use on water quality in the Clam Bay NRPA." Seems uselessly broad. Everyone knows there is an impact. I don't see that this proposal leads to any coherent program. I would omit it. Dave Trecker (5/16/14) l..,d4`11s 7 91 CLAM BAY NRPA A MAN4GEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 Role of the Pelican Bay Services Division In order for the management and maintenance of the Clam Bay NRPA to be successful,coordination between a myriad of local, state, and federal agencies and concerned citizens groups is required. The PBSD has undertaken that role for most of the past fifteen years. f- The PBSD,i‘a dependent special district known as the Pelican Bay Municipal Services Taxing and Benefit Unit(MSTBU). It was formed pursuant to Chapter 125 of the Florida Statutes and was formally enabled by the BCC pursuant to Ordinance numbers 90-111 and 91-22. These ordinances were replaced in 2002 by Ordinance 2002-27 which further clarified the role of the MSTBU and the PBSD Board. This MSTBU was created to, among other things,provide for the maintenance of conservation and preserve areas within Pelican Bay. This responsibility was undertaken diligently from 1998 to 2009 and resulted in the implementation of the previous 1998 Management Plan and the recovery of the mangrove die off areas. Per action by the BCC the responsibility for many of the monitoring and maintenance activities associated with Clam Bay was given to Collier County's Coastal Zone Management Department from 2009 to 2012. In 2013,the BCC returned responsibility for the monitoring and maintenance of the system to the PBSD via Ordinances 2013-19 and 2013-61. It is under the PBSD's direction that this current management plan has been written. While the MSTBU is a dependent special taxing and benefit district,the PBSD is an arm of Collier County government and makes recommendations to the BCC. The PBSD implements its defined responsibilities within the Pelican Bay community; sets its own budget and agenda, and regularly submits them to the BCC for approval. The BCC has regularly approved the Clam Bay management activities and authorized the development of this Management Plan. The PBSD's effective working relationship with the BCC is expected to continue as the PBSD serves as the official manager of the 2014 Management Plan which is consistent with Ordinances 90-111, 2002-27,2013-19 and 2013-61 of Collier County. The PBSD will direct the Management Plan and has the responsibility for its implementation and operation over time. As such,the PBSD will plan and implement defined management activities with BCC approval whose purpose will be to protect,preserve,maintain, and monitor the natural communities and ecological integrity of the Clam Bay NRPA. The PBSD has several attributes which already make it a logical guiding force in the management and maintenance of Clam Bay. The PBSD: © is located within the Clam Bay drainage basin; • has an advisory board made up of residential and business members within Pelican Bay; o garners fiscal support collected from local special assessments(non ad valorem taxes); o is accessible to the public due to its local governing board and advertised public monthly meetings; and 5 r) art. S CLAM BA1 NRPA MANAGEMENT PLAN(B ',FT) Pelican Bay Services Division May 1,2014 Ver. 5.0 Role of the Pelican Bay Services Division In order for the management and maintenance of the Clam Bay NRPA to be successful, coordination between a myriad of local, state, and federal agencies and concerned citizens groups is required. The PBSD has undertaken that role for most of the past fifteen years. vit4av, 11-P-4 The PBSD/a dependent special district known as the Pelican Bay Municipal Services Taxing and Benefit Unit(MSTBU). It was formed pursuant to Chapter 125 of the Florida Statutes and was formally enabled by the BCC pursuant to Ordinance numbers 90-111 and 91-22. These ordinances were replaced in 2002 by Ordinance 2002-27 which further clarified the role of the MSTBU and the PBSD Board. This MSTBU was created to, among other things,provide for the maintenance of conservation and preserve areas within Pelican Bay. This responsibility was undertaken diligently from 1998 to 2009 and resulted in the implementation of the previous 1998 Management Plan and the recovery of the mangrove die off areas. Per action by the BCC the responsibility for many of the monitoring and maintenance activities associated with Clam Bay was given to Collier County's Coastal Zone Management Department from 2009 to 2012. In 2013,the BCC returned responsibility for the monitoring and maintenance of the system to the PBSD via Ordinances 2013-19 and 2013-61. It is under the PBSD's direction that this current management plan has been written. While the MSTBU is a dependent special taxing and benefit district,the PBSD is an arm of Collier County government and makes recommendations to the BCC. The PBSD implements its defined responsibilities within the Pelican Bay community; sets its own budget and agenda, and regularly submits them to the BCC for approval. The BCC has regularly approved the Clam Bay management activities and authorized the development of this Management Plan. The PBSD's effective working relationship with the BCC is expected to continue as the PBSD serves as the official manager of the 2014 Management Plan which is consistent with Ordinances 90-111, 2002-27,2013-19 and 2013-61 of Collier County. The PBSD will direct the Management Plan and has the responsibility for its implementation and operation over time. As such, the PBSD will plan and implement defined management activities with BCC approval whose purpose will be to protect,preserve,maintain, and monitor the natural communities and ecological integrity of the Clam Bay NRPA. The PBSD has several attributes which already make it a logical guiding force in the management and maintenance of Clam Bay. The PBSD: o is located within the Clam Bay drainage basin; o has an advisory board made up of residential and business members within Pelican Bay; o garners fiscal support collected from local special assessments (non ad valorem taxes); o is accessible to the public due to its local governing board and advertised public monthly meetings; and 5 CLAM. AYNRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Objective/Maintain and protect the native floral and faunal communities within the Clam Bay NRPA,At A. Maintain healthy,native floral and faunal populations © Establish plots and photo points in Scrub and Hammock habitats and monitor annually as needed • -.. •- . --. o Monitor annually established plots in the mangroves. o Monitor annually established s ansects in t ea. asses-. • Document/annually observes ildlife utilization. o Conduct bird surveys as needed to keep _ *st ent and in support of on-going management activities. Repeat surveys every three years as needed a4-iffteling4s- 4a4alitie, o Conduct fish surveys as needed to keep species list current and in support of on-going management activities. Repeat surveys every three years as needed _.-: • -..- - • Monitor benthic organisms availatleaa.every five years as needed : • s • Review monitoring results annually and make recommendations for adapting management strategies as appropriate. B. Protect Listed Species • Monitor gopher tortoise burrows aael-tlaga every three years as needed and fundba,g is- aai1aWe. o Monitor sea turtle nesting ad-theaki annually as needed • • : :" : a o Add to current species lists as new species are sighted. o Conduct surveys as needed prior to disturbance events. o Update educational information on species, such as the Clam Bay Field Guide,as needed. o Review monitoring results annually and make recommendations for adapting management strategies as appropriate. C. Remove Exotic and Nuisance Flora and Fauna © Locate and identify exotic,nonnative, and nuisance species. o Remove Category I and II invasive exotic species and nuisance species as appropriate. o Report all monitoring results in an annual report. O Make recommendations annually to improve conservation strategies. 471---4/4-10 --"eo_e_ 61„-obvcoLie5 pu-Lee, fr, (..(4,74.4 78 CLAM y''AY NRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Objective Ensure the estuary has adequate tidal and freshwater flows to maintain ecological health within the Clam Bay NRPA A. Identify the minimum tidal flow necessary to ensure a healthy ecosystem. Provide sufficient tidal exchange to maximize benefits while minimizing negative environmental impacts. o Conduct an annual bathymetric survey of Clam Pass. o Conduct an i al bathymetric survey of interconnecting waterways a " „P,4 o Conduct an annual analysis of tidal data. o Maintain tidal gauges. © Determine through regular biological monitoring whether ecological health warrants intervention strategies. tlo Seek appropriate federal and state permits needed to maintain adequate tidaaI nd freshwater flow in the Clam Bay NRPA. B. Ensure appropriate freshwater inputs and drainage o Conduct annual monitoring of hand-dug channels. o Perform annual maintenance of selected sections of hand-dug channels. e Conduct bathymetric survey as needed in interconnecting waterways. O - - - - intervention strategies if data do nts_the need. Objective"—To monitor and maintain water quality within the Clam Bay NRPA A. Develop a long-term water quality program that : - .•-• ; - : , ; ° --: i!gielogisa.141pacessDs48.ensurea sustainable healthy environment for all users o Continue program of monthly water quality data collection,making certain that it complies with FDEP guidelines and standards and addresses the Site Specific Criteria approved by FDEP. o Report and review water quality data on a quarterly basis -- a" ^,.�G a E•� _ . ree.aat.data to historical data. 1 o Develop intervention strategies when standards 'oi- Y o Enter data into STORET system on an annual basis. o Develop a plan to address copper impairment in Clam Bay. o Develop a plan to assess freshwater and saltwater inputs wi n the watersheds. a s r.„......, 79 Vel ,ame 14,o-7A' I 4e, CLAM BA YNRPA MANAGEMENT PLAN(D' PT) A41-11) ,t�� Pelican Bay Services Division k �,'/ c-� May 1,2014 1 Ver. 5.0 B. Promote programs for controlling water pollution from point and nonpoint sources -; :_ _. - : .� _ d.,_.e r•- • � :�r���. a;rs��_�rr,�:-ti',.., .e deduce coppe r n up and stormwater ponds in Pelican Bay. O '-Coni' .- 4 . ork with P _ n - --the use of i - B- ' O Con ' - . ; p. -- .-. • ----I -- 0 Seek to determine the possible impact of upland use on water quality in the Clam Bay NRPA. Objective 4—Monitor archaeological sites within the Clam Bay NRPA A. Monitor conditions of know archaeological sites. O Review historical records of Florida Division of Historical Resources(DHR)on known archaeological sites. O Establish baseline conditions of known archaeological sites. 0 Inspect known archaeological sites.t annually. O Report findings as appropriate to DHR. B. Implement strategies for the protection archaeological sites as needed. Objective 5—Ensure recreational activities are safe and on-vipennkentiwity compatible within the Clam Bay NRPA A. Monitor access and condition of the facilities for recreational uses. O Inspect facilities at least three times per year. O Report vegetation or litter needing to be trimmed or removed to responsible entity. O Report facilities needing repair or replacement to responsible entity. B. Maintain existing canoe trail. O Inspect signage at least three times per year. O Repair/replace signage as needed. O Revise/reprint canoe trail guide as needed. C. Maintain existing signage for safe swimmer and boater usage. O Inspect signage at least three times per year. O Repair/replace signage as needed. D. Monitor use of facilities/area for recreational uses. O Establish a mechanism for citizens to report incidents of unlawful,unsafe, and/or environmentally harmful use. 0 . Coordinate with Collier County Sheriffs Department as appropriate. 80 CLAM BAY NRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 0 Develop materials to guide recreational use as needed. B. Maintain materials to educate visitors about the unique features of the Clam Bay NRPA 0 Report signage needing repair/replacement to responsible entity. 7/' o Develop new educational signage as needed. ---.--- -.--i ceet----/ '10 (. /te A/f- • . .• 1 1 I 1 81 • 29 CLAM BAYNRPA MANAGEMENT PLAN ',RAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 o has demonstrated a long term commitment to the Clam Bay NRPA and a successful track record regarding its preservation,restoration and maintenance over the past fifteen years. These attributes give PBSD the knowledge and expertise in matters of local concern and, in particular, the problems,opportunities, and interests of local residents as they relate to the Clam Bay ecosystem. Its relationship with the BCC gives it an additional level of access to technical expertise and oversight that will be necessary to assure that the Management Plan, as contemplated in this document,is fully implemented in the field. As part of its responsibilities,the PBSD will assemble and distribute various technical reports and assessments as required under the Management Plan, as well as coordinate with other public and private groups interested in Clam Bay. The PBSD is organized for and designed to maintain both its knowledge of the Clam Bay resources and to generate public support of the same. The PBSD will insure that the general public,residents in Pelican Bay, the PBSD consultants,and representatives from the government agencies with jurisdiction over Clam Bay each have on-going involvement and input into the Management Plan is appropriate. 6 ,\/ CLAMBAYNRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 2.0 Overview of the Clam Bay NRPA Description of the System The Clam Bay NRPA is a 570-acre estuarine system consisting of sandy beaches, shallow bays and creeks, seagrass beds,mangrove forests, and Clam Pass on the west coast of Collier County in Southwest Florida. The Clam Bay system is part of the Cocohatchee-Gordon River Transition referred to by the Collier County Department of Natural Resources as Coastal Zone II. It is one of the few remaining estuarine systems in the Cocohatchee-Gordon River Drainage System. Aerial photographs (see attached Exhibits)taken prior to the construction of Vanderbilt Beach Road show that the Clam Bay System was connected to Wiggins's Pass to the north via a system of mangrove swamps and shallow creeks with intermediate open water areas that were excavated and are now known as Vanderbilt Lagoon(Collier County, 1994,Tropical Biolndustries, 1978). It is recognized that the connection was marginal at best and while passable at times,it was not uniformly and consistently navigable(Clam Bay Restoration and Management Plan, 1998). Similarly, aerial photos of the Seagate Drive area taken prior to its construction show that Outer Clam Bay was connected to the mangrove swamps to the south via shallow meandering creeks and intermediate open waters leading to Doctors Pass. These creeks were only navigable by canoes and small skiffs(Turrell,2009). These swamps to the south were eventually excavated to become Venetian and Moorings Bays. Today,the Clam Bay NRPA includes three primary bays, Outer Clam Bay(southernmost), Inner Clam Bay(central), and Upper Clam Bay(northernmost),connected by a series of tidal creeks and connected to the Gulf of Mexico by Clam Pass. The community of Pelican Bay abuts the northern and eastern edges of the system,while Seagate and Naples Cay communities abut the southern portion of the system. This system is an important natural and recreational resource for local residents and visitors. The operation of motorized watercraft has been limited to idle speed/no wake per Collier County Ordinance 96-16. This ordinance is no longer consistent with Florida Statutes erefore the PBSD is currently undertaking the modification of the ordinance to be consistent with current state statutes and Florida Fish and Wildlife Conservation Commission(FWC)guidelines. The Clam Bay system was designated a Natural Resources Protection Area(NRPA)by Collier County in 1995. The purpose of the NRPA designation is to protect endangered or potentially endangered species and to identify large connected intake and relatively unfragmented habitats,which may be important for listed species (Collier County, 1994). See the NRPA timeline(starting on page 15)later in this report for more details on the NRPA history. Clam Pass is a small,marginally stable inlet that has migrated north and south along the shore over the years. Prior to dredging, average water depths of Clam Pass were -2 -4e--4-O', and its width ranged from 30-50' (Collier County, 1994). The Pass remains the primar source of tidal exchange for the e7 iid 49 `6 % - s, 3 CD CLAM BAY NRPA IIIANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 Adjacent Communities • The Clam Bay system is bound on the north by Vanderbilt Beach Road and the Bay Colony portion of the Pelican Bay development;to the south by Seagate Drive, and the Seagate and Naples Cay developments,to the east by the Pelican Bay development; and to the west by the Gulf of Mexico and the Strand neighborhood of the Pelican Bay development. Pelican Bay is predominately a residential community consisting of private single family homes,villas, and both highnd low-rise condominium units. The community also includes a 27-hole golf course, common areas with meeting rooms,tennis courts,beach park facilities, emergency services facilities, and commercial areas with shopping and hotels. The 2,104-acre Planned Unit Development(PUD) was approved in 1977 as a partnership between Collier Enterprises and Westinghouse Communities (WCI). It was one of the first developments in Florida required to save fragile coastal wetlands and associated ecosystems(Urban Land Institute, 1981). The development of Pelican Bay had a limited impact on the wetlands themselves with approximately 94 acres, including about 78 acres in the northwestern corner of the property being developed. This left the majority of the mangrove forest intact and preserved around the bays. As mitigation for these wetland impacts,the 570 acre preserve area, including the 35 acre beach park,was donated to Collier County and eventually became the NRPA which is in place today. Development of Pelican Bay required a stormwater management system designed to spread runoff along the eastern edge of the Clam Bay estuary. A four.to six;r:oot high and 2 %mile long berm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts through the berm discharge water to a swale system along the eastern perimeter of Clam Bay. The eastern edge of Pelican Bay is about 12-14 feet above sea level at US 41,sloping in an east-west direction to about 2 feet above sea level near the berm. Six drainage basins operate on a gravity system to slowly move surface water into the receiving area of Clam Bay. Naples Cay is a highhrise development consisting of 8 multi-story condominium buildings. The community also includes pools,tennis courts, approximately 33 acres of park and preserve areas, and two canoe and kayak launching piers. Construction on the first building in Naples Cay started in the late 1970's, and the last building was completed in 2002. Stormwater management is accomplished through several internal detention areas before water flows into Outer Clam Bay. The Seagate community is composed of about 80 single family residences. The community was first laid out in the 1950's and still has a few undeveloped lots. Because development of this community occurred so early, there was no community-wide stormwater system. More recent improvements to the road and utility systems have allowed for some dry retention and sewerage improvements to be put in place. Many of the homes within Seagate were built with boat docks along the community's man- made canals. Some homeowners keep motorized vessels at these docks. The 1995 Manatee Protection Plan acknowledges that access and use of Clam Bay was limited due to the shallow nature of the bay and ephemeral conditions. Vessels are generally shallow drafted and their access is limited by the day to day conditions of the Pass and connecting waterway. 9 CLAM BAY NRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 1952 Vanderbilt Beach Road is constructed, eventually severing connection with the Wiggins Pass system to the north. 1958 Construction of Seagate Drive is completed severing flow into and out of the mangrove swamps to the south. This area was subsequently dredged and excavated to become Venetian Bay. '"'-'1C----41 . r-f 1 a t sr-bit-1" , 4. - Vanderbilt Lagoon t.- ' ° „ F'-°:!it*,* fir, " t r ` ' " *""3: k xy' " Outer Clam Bay Upper Clam Bay ) - ,l 1 ` ;` mss,`� K yw �� ..-..4114i:.4- _ J �\�, L411 % 'k�- i ;gib h f w-.8 �{'.�% 1 J• • f am'. S'M1). S ;, Venetian Bay 3.1 ih' ``— '�-�'•` � '. ate- _ .c.: ---'- [�,:. Circa 1952 Aerial Photograph Circa 1960 Aerial Photograph Figure 2:Historic aerials 1972 Tri-County Engineering produces reports: o An Ecological Study of the Clam Pass Complex,published by Humm&Rehm o Hydrographic Investigation of the Clam Bay System Coral Ridge-Collier Properties, Inc. (a partnership between Westinghouse and Collier Properties) acquired the property and initiated development of Pelican Bay. 1974 Pelican Bay Improvement District(PBID)is formed to manage common property in Pelican Bay and provide for long term sustainable infrastructure. 0-4 1976 Three,bi-directional 24-inch culverts are placed under Seagate Drive to provide hydrologic connection to Venetian Bay. Report`Environmental Assessment for Development Approval"is prepared for Pelican Bay. Clam Pass closed and was mechanically dredged by dragline to re-open the entrance; no records of quantities or dredge limits are available. 12 7 CLAM AYN/"-'A MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 1977 Pelican Bay PUD is approved, and construction commences. 1977-1979 Gee &Jensen Hydrographic Engineers conduct a series of tidal studies within the system and distribute"A hydrographic study of Clam Bay system" in 1978. 1978 Tropical Biolndustries produce a report: Carbon Flows in portions of the Clam Pass estuarine system. Ecological assessment work by Tropical Biolndustries for permitting of the northwest fill area,notes a small area of stressed and dead mangroves close to Upper Clam Bay. 1979 Environmental Assessment of the northwest fill area is distributed(Turrell, 1979). Tropical Biolndustries produce biological reports: O A comparative study of the water and carbon flows of Upper Clam Bay © Invertebrate Population Studies in the vicinity of Upper Clam Bay 1981 Clam Pass closed and was mechanically dredged by dragline to re-open the entrance; no records of quantities or dredge limits are available. WCI,the developers of Pelican Bay,transferred title to Clam Bay to Collier County with the stipulation that Clam Bay shall remain a conservation/preservation area in perpetuity. 1982 WCI deeded Clam Pass Park and Clam Bay to Collier County and in accordance with the Pelican Bay PUD, required the County to seek approval of WCI or its successors for any modifications to Clam Bay. 1983 Tropical Biolndustries produce biological reports; O Fish populations of tidal ponds west of Clam Bay ® Populations of Melampus coffees(Coffee bean snail)and Cerithidea scalariformis (Ladder hornsnail)west of upper Clam Bay. 1986 ' jg / Collier County constructs a 2,9001 boardwalk to provide access to the county park,south of Clam Pass. !/ 13 CLAM BA YNRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 1988 Clam Pass closes twice,first in the spring and again in the late fall after Tropical Storm Keith (November 23, 1988). 1989 Small areas of stressed and dying mangroves are noted by residents in the basin west of Upper Clam Bay and east of The Strand in Bay Colony. A Department of Natural Resources(DNR) interdepartmental memo highlights cause of stress as "the lack of adequate water circulation resulting from the closure of Clam Pass". s First emergency dredging permit e ed from DNR to re-open clogged Clam Pass, following memo by David Crewz to the DNR highlighting problems and danger if the Pass was not reopened. Clam Pass was mechanically dredged to re-open. Approximately 700 cubic yards of material were removed from the mouth of the inlet and the south bend of the channel. Material was placed south of the Pass. Multiple closures of the inlet occurred during the construction process. 1990 PBID becomes a dependent district of Collier County called the PBSD. 1992 The area of dead mangroves is reported at 7 acres. 1994 20 acres of mangroves reeported dead. 1995 Clam Bay is approved by the BCC as Collier County's first NRPA(See NRPA boundary map on page 6 of this report). Clam Pass closes following a winter storm event. Emergency dredging permit issued allowing opening of the Pass,but no work farther back than 600 feet. Mechanical dredging is undertaken removing approximately 5,000 cubic yards of material from the entrance of the pass. 1996 Clam Pass closes following a winter storm event. Permits to open Clam Pass received from the Florida Department of Environmental Protection(FDEP),formerly DNR, and US Army Corps of Engineers (USACE). Mechanical dredging eventkarried out at the entrance of the Pass. CEJ In summer and fall blasting and hand excavation were permitted and completed in 1997. Mangrove die-off area estimated at 50 acres. 14 CLAM BAYNRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 1997 Clam Pass,on the verge of closing following a winter storm event, is mechanically dredged again under modification to 1996 Permits. Interior portions of the flood shoal were dredged to station 6+10. 1998 Clam Pass was on the verge of closing again following a winter storm event. A mechanical maintenance dredging event was carried out under modification to 1996 Permits. Interior portions of the flood shoal were dredged to station 6+10. Ten year permits� -e-4.e... �red from FDEP and USACE for dredging Clam Pass and the interior channels. 1,71 %eluded adjustments to the Seagate culverts and installation of hand dug channels throughout the r"..- system. Associated monitoring work and storm and freshwater studies were required. 1999 Dredging work associated with CBRMP was implemented(Mgmt by PBSD)in the spring by Ludlum Construction Company. Hydraulic dredging of Cuts 1,2, 3, and 4 (see attached Exhibits) e carried out. A 30 foot entrance cut was dredged. 14/ ' . ,t.. .>y �� _ i 111!i1E r1.< ° 6 ta- L . 141,1. � - _, ` ,, 'J , ` w I One way flap valves installed on Seagate culverts to allow flow from south to north. Staff at The Conservancy of Southwest Florida commences a 3-5 year study of mangroves, surface water level and elevation within the mangrove die-off area. 2000 Hurricane Gordon impacts the area with no inlet closure. 2002 � Hydraulic nintenance dredging of Clam Pass flood shoals between stations 3+10 and 18+00(Mgmt by PBSD)completed to improve tidal circulation(see attached Exhibits). The entrance of the pass was not dredged during this event. 15 CLAM BAY NRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Flap valves on Seagate culverts removed due to insufficient head differential causing them to act as plugs instead of valves. ate' Canoe trail markersf permitted and installed through Clam Bay System. 2004 Hurricane Charley passes approximately 30 miles west of Clam Pass. A lot of sand was redistributed but the Pass did not close. Extensive limb and leaf loss was documented within the mangrove forest. 2005 Hurricane Wilma comes ashore about 30 miles south of Clam Pass. More limb and leaf loss is noted. Pass did not close. 15;11E ViSari; Hurricane damaged mangroves along bay Same mangroves along bay 2007 2005 Hurricane Wilma damaged mangroves before and after 2007 Hydraulic maintenance dredging of Pass and entrance channel was conducted between Stations 0+00 and 18+00 (see attached Exhibits). The entrance to the Pass was dredged at 80 foot width(Mgmt by Collier County Coastal Zone Management Dept.) This dredging was conducted for sand for beach renourishment. 2008 Tropical Storm Fay comes ashore about 30 miles south of Clam Pass. The area received over 10 inches of rainfall. Pass not affected. R 2009 1998 FDEP and USACE permits for maintenance of the Pass expired after 1-year extensions. 2010 Permits issued to continue maintenance of hand-dug flushing channels through the system. ti 16 4/J CLAM BA YNRPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 2011 White mangrove die-off was observed in central portion of the system and found to be caused by a bark beetle infestation of trees that had suffered cold temperature stress. Benthic Habitat Assessment stuyd completed within the Clam Bay NRPA by the Conservancy of Southwest Florida. Study provides comprehensive mapping of benthic habitat compositions and distribution throughout the Clam Bay NRPA. 2012 Canoe trail markers and informational signage installed throughout Clam Bay. The mouth of Clam Pass moves to the north near the Pelican Bay Beach Store. The northern shoreline of the Pass is temporarily reinforced with the installation of concrete barriers. Impacts from tropical storms Debby and Isaac, along with numerous winter storm fronts caused the closure of the Pass. 2013 A single event mechanical dredge is carried out in March under FDEP and USACE permits with an entrance cut of 45 feet. Beach compatible material is placed north and south of the pass above the mean high water line. Development of a new Management Plan is initiated through/takeholder input and multiple public meetings. Timeline Specific to the Establishment of the Clam Bay NRPA 1976 Collier County Ordinance 76-30 zoned coastal areas environmentally sensitive lands as ST(Sensitive Treatment). 1977 )pr-oval of the Pelican Bay PUD (Ordinance 77-18))by Collier County. The PUD identified 98 acres V of coastal mangrove wetlands to be filled in for development while preserving 570 acres of ST lands as the Pelican Bay Conservation Area(35 acres in the south and 5 acres in the north would become parks providing public beach access). 1981-82 Department of the Army Permit(79K-0282) authorized the fill of the 78 acres of coastal wetlands (76 acres for residential development and 2 acres for public parking area). It required 570 acres including Upper, Inner, and Outer Clam Bays, and their adjacent wetlands to be conveyed to Collier County and to remain a conservation/preservation area in perpetuity for the use of the public. It also prohibited dredging Clam Pass except to keep it open to the Gulf of Mexico. 17 11 CLAM BA YNRPA MANAGEMENT PLAN(DRAFT) Pelican,Bay Services Division May 1,2014 Ver. 5.0 • 1988 The Pelican Bay Conservation Area(570 acres) was approved and recorded as FL-64P by Congress and became part of the Federal Coastal Barrier Resources System(CBRS). 1995 9 The BCC approved thA County Natural Resources Department's recommendation to establish the County's first NRPAp%stipulating that it would have the same boundaries as the Pelican Bay Conservation Area within the Pelican Bay PUD. The Collier County Manatee Protection Plan is approved. It contains the recommendation to establish an"Idle Speed/No Wake"zone throughout the Clam Bay/Clam Pass System. 1996 Collier County Ordinance 96-16: "The Clam Bay System Water Safety and Vessel Control Ordinance" is approved. It establishes that the Clam Bay System is an"Idle Speed/No Wake"zone. 19 8....._. „�.- r� he CBRMP i developed,implemented, and managed by the PBSD and their consultants. L./ FL Admin. Court Case No. 98-0324GM provided an interpretation that certain elements of the Collier County Growth Management Plan(Conservation and Coastal Management Element)require protection of habitats within NRPAs which support existing and potential uses by wildlife. 2008 Public Law 110-419 was adopted identifying the CBRS, Clam Pass Unit,FL-64P to be entirely located within the existing boundaries of the Clam Bay NRPA. 2013 Work begins on new Clam Bay NRPA Management Plan under the PBSD direction. r' 4 1 f t )r 44 . 1 vi '3(1(Y 1 4'.Al 4 15 -• 1 Ay k„ , V ., 18 /%9 CLAM BAY N.RPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 events are, on average,below 10 knots. During the winter months when fronts move through,for a day or two at a time,winds out of the northwest to northeast may increase to about 25 knots. Sea breeze As the land surface around Naples and Clam Bay wanes,the air above is heated. The wain'air is less dense and tends to rise creating a lower air pressure over the land than the water. The cooler air over the water then flows inland creating a sea breeze. In the evening the reverse occurs and the cooler air over the land will flow back toward the water creating a land breeze. The incoming sea breeze acts as a lifting mechanism,resulting in the warmer air rising up to higher altitudes. This creates cumulus clouds that begin to build which leads to the development of afternoon showers and thunderstorms in the area. h � Storms fJ l Naples and Clam Bay specifically are within the Atlantic Tropical Cyclone basin. 's basin includes much of the North Atlantic, Caribbean Sea, and the Gulf of Mexico. On average, . to 8 tropical storms form within this basin each year.The hurricane season lasts from June 1st to Dr 1st. The formation of these storms and possible intensification into mature hurricanes takes place over warm tropical and subtropical waters. Eventual dissipation or Saffir—Simps on Hurricane Scale modification, averaging 7 to 8 days later,typically occurs over the Category ruled speed Storm surge colder waters of the North Atlantic or when the storms move over mph ft land and away from the sustaining marine environment. (kmill) trim) -4-i= E4 ,;,v {(_,,, Due to the destructive nature of these storms,landfall can result in -, F t"j: 1 -ai i5�r g 19 je significant damage to upland developmentment and facilities from storm (ztD 24ii _(aro-W surge,waves, and wind. A good example of this would be 111-130 9-12 Hurricane Wilma which formed in 2005. Three ii (179-209), (2.7-3.7) 1 Two 96-110 s-8 A tropical storm is defined by maximum sustained winds from 35- (154-137) (1.8-2.4) 64 knots (40-74 mph). A hurricane has maximum sustained winds one 74-95 ¢-5 that exceed 64 knots (74 mph). Hurricanes are classified into (119-153) (1.2-1.5) Additfonalotassffmcatfons different categories according to the Saffir-Simpson scale. Tropical i39-73� D Hurricanes can also spawn severe weather such as tornadoes as they storm I (G3=117)I[ (0-0,9)1 move inland. T,r''oplcal D,B 4press1o4 '',(052) (0) The table below lists the number of tropical storms and hurricanes that passed through or near Naples over the past 20 seasons including 1992 through 2012 as reported by the National Oceanic and Atmospheric Administration (NOAA)Coastal Services Center and Hurricane City(www.hurricanecity.com). Analysis of the available information indicates that Naples, on average, is brushed or hit by a tropical storm or hurricane once every 2.71 years and is directly hit once every 7.05 years. 23 L5 CLAM BA YNRPA MANAGEMENT.PLAN(D%" .,ET) Pelican Bay Services Division May 1, 2014 Ver. 5.0 relatively stable and,with the exception of the areas immediately adjacent to the Pass, are mostly unaffected by the status of the Pass. r--...i,75-f..,7:•%-fr.),..VAIT,71.713. � t' r�,l_ ._�^, lF.s: -� �� 7 qa. z".� 1r.F£r p� r,, r;{ ;j t1nr.. � - '�`-. --� ,, t +' _ `- Lc- •a } �`�g, . , 1., L, Y �-' . �"y. .'sr�Sl��..i 2 1 a 'a*t , •... _ ')t,.,fi 13.,�Lrr ri-� d" 7 Tt g *� ? f . i 24,mac y L4 )-f4i-D:� �7 Szit �k P4 J� lr i` i ��' f i �'�: rk 1 ✓ G i4 '�5�4".a I F '18t�4� '71 �' r Z�' S t't '{R• 1 r.q § +y- cTI<iF�'f �a4, � `,�� ,mac r: -`z�rff i :VAN) Kt>v i �. 4.?. 1e�., y ,�/1 ,.� � f I Cl�' ��'� 3 .��G,�L f--� � �`,t I�� 1" i '� �r'S`. a � !1 r°v �ti'- r a Y �. �R�.. ae � ril_._ �{ ' �� ,�'� fl � r �� 1 1.1 `". Y 1 1 �i I ��: � � 'G.�Ir f• ._,.� rn'"r ,,,,-- -;--,--,,,Tsws ,t,Q1..:`, ',nAr, �•�, d �e�'r ',ice- :. ,;pit,•11.7,04 �1r11�3f I".4A ,.. ''\ '�. .•�r a i'�; + 4=' �i " h�1 n ^nom ,r s 1 ++� �L xT � .,.-,,,,,,,,k..--„,,,--4-....,;,,%,sYA_ AT.�i �. 'a-zi 't't �$ �1 �1' 4'g� to s .'4 :Fri.'!-,a..+� �f i!•i �i �ttt-�«1Y i � 1,k v � II.-Orli' �� .: 4 Cl. i a r1 Q,'''. syt 1' ,, I s: _" -.-- -IPS:—... ++is�r jy l�.-C+�STilt F� i ' -._.F:�s-}.s,..,i y R 3 k''..i:v,`5•.ii�.„, � ,X{,+s+�'x3:�'''�'� ..'WF.--.-,'•lf 1'' � 91T,' R 7 -_. .... ,� " wsa - spa: . ,,,,, .., ,,,. ., , , , ,,,,„,„,„. ..„,„,..,,4:r- , ' .vr,i':',7-27,-(14,74':,14:4-1.:::,d, ' 1- ' ' -,..7,-, ; ' : , , v ,,,- Figure 7:Beach habitat within the NRPA Boundary FLUCFCS Code 322-Coastal Scrub Landward of the frontal(beach)zone area is the back dune zone(also often called the coastal shrub or scrub zone), a portion of the dune that is more stable,has greater organic matter,and supports less salt tolerant grasses and shrubs as well as some trees. Man e- •e oody species found in coastal scrub are low growing and shrubby due to low nutrient 1 an. drought onditions of sandy soils. High winds and salt spray often prune the terminal buds of the l.� trees and shrubs growing on the dunes and result in salt-pruned,windswept canopies. Coastal scrub is represented by a conglomeration of coastal species generally found in a narrow band between the Mangrove forest and the beach areas. Species common in the coastal scrub zone of the Clam Bay system include; seagrape(Coccoloba uvifera), cabbage palm(Sabal palmetto),buttonwood (Conocarpus erectus) and Spanish bayonet(Yucca aloifolia). This is an important habitat as it helps anchor the back dune sands and provides habitat for several listed plant and animal species including the gopher tortoise(Gopherus polyphemus). See page 52 for a more complete list of plant species found in this habitat. The primary maRage.ment issues of concern in the coastal scrub are gopher tortoise habitat 1----- management and exotic vegetation control. 28 r • CLAM BAY N!''PA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Tidal Pass • Clam Pass is the only open water connection to the Gulf of Mexico for the Clam Bay NRPA. The exchange of seawater between Clam Bay and the Gulf is critical to the ability of the estuary to export organic matter, as well as to help regulate excess salt and freshwater. It also supplies oxygen rich water from the Gulf. In the absence of surface water circulation or tidal activity, estuarine habitats such as mangroves can slowly die due to deleterious changes in the sediment: 1)in the absence of oxygenated water,the sediments become anaerobic or anoxic, and 2)metabolic wastes and hydrogen sulfide accumulate in the anoxic sediment(CBRMP, 1998). Tides in the Gulf of Mexico are mixed,with the noun being two high tides and two low tides experienced per day and normal amplitude(range) of approximately 2 feet. The highest tides(springs) are experienced twice per lunar month at full and new moons when the gravitational pull on the Earth's surface waters is greatest. Neap tides also occur twice per lunar month when the planetary (gravitational)influences of earth,moon and sun are perpendicular. CUM PAY IIP AL,FY410.ES 910,S.O1i2147FI1M, 1;0`37+ 'OOFeAal OV31M1J]JJROURn�"Y' oma,+X1-1e'6,311a OS. 1 01291O101F NF. ©n91 -39IRFtP4; o+;E• i,17111i?IFW Ih4 gU7sitl:Mkk:;2 ai Imh'}LF A 4 • +.511 CLIRFr`It D ? -3-cEl LSF F�DF. p7t+bLt3�F`iM`X'� 7 p0� TR uD�Y • i+533 a0h 1d07RFV]w i r ' `-.• F i 0iut4„ji iwRefiE i S3 i , ' Tir 12•4 $ kii Ls4--------it r .1 '" ';CC a r _1 ;61:, a� ro 31 6 5 , • cum BAY NRPA MAN' AGEMENT PLAN(DRAF'T) Pelican Bay Services Division May 1,2014 Ver. 5.0 t���'7,yT[f>`f S -•- ----------v`;-f-�a—�5-{�}y[- a-m—,---NC,-- fi C:�r' .i e[;1' f ,Tl Sf'4 �fyf'''`�°achy-Q" j c v 4 w { ' g ! r s c,• �i c SV J t. a Y b}¢�c, �'1'7l. � i :%^.'Y j 5 '4( ey)-�t{�'A f1 ..f� 1, � 1 PE [�_ �,1 q y]K;K:,'5.,1�L�'t f-u+�.• 1 S�.!� ?.{i}, �, ,I.+�at-f �' �-- '!'��i. �' y `f•itl . t i 4 ` '-"tJ- r4 't•}"-vi It ti i Iii �. s, s ti l r v t, R 4 '�,> > 1 t k t f 5 T < (� f� r3 L t �!11,�t [ t'`` '�- z E'). i av S 1�} •� r d ��-F r F� �i ti �',��e:`� 4 A - ?'' /, L , �J+'f,f . ..i} �� d f .ie) €s c �.. l `3.- ' R�i k .It l �t q, er/ fe1� \��.`'/t� y ��j -� ��.`,1 y+Y'�=3- .....,1 Li`3'a �,=+k nJ`1l`� a5h_S +� •k! } �ry i 5.1f'yui�. y4 �• Jyt L :,?.07,4,. Fd i�j t•. 4$f Y ;Y ,.,,it �g f 2[ „, I_�'47a 1 -,'`r,41-'?" .' -�` ---•- d , , , ,„ .1(ff _T 3�'.� l -�,.��'� '' Y �i"� ��'�Yt 5 �a�` .r. M1 r l'S �^-��.��' �,.?p x s.4�' _2 F�9�1 [ i? �ii t iy.S ` "'.. • ''="--e- ' ]3 ,n ♦' k Y.''' '�' `tw x 7 :.ra�F "� �- iT�1;, t'�S+Y1.F�' '`�— 4, ``�it � r• � ��' ,'�' :T-4-' �r•-$'r s t..' _:il l Y r�'r � re�s t �Y fg tiR� R - cr�j-4,-,.....7-.&,-- gt{� 'p .. A e } "' \ ' r:-t-'--4-."+ Pg s t yvis 'hTr �t_z r ..-'X- i t" * a tY, t.,', t %4,11 t2_ Y (4 t'• ,4�p ''-1 '`� §t Z 7_-!a1 F i z 4 t Y M :of,..44-:.:,1?-:.- :z_. c.k-'h [r4�...�_�.Yl..+ .�F_A? S� _.. ,•�y �'�'t `? �t' y iut4 1�, } ! 4 � ,3 • jllii� c t _...: �.� - �:.` .. .+ E6:R to ' f• F �e. at 4y *' sx - ,: i i 'A y a 4,t _ .i°�}` x�1 4;t:••• •. a 3"'«tYSsxt,4} Figure 14:Tidal Flat habitat within the NRPA Boundary FLUCFCS Code 911—Seagrass Beds Seagrasses are flowering marine plants of shallow,tropical regions. With a creeping growth form connected by horizontal rhizomes they serve to trap and anchor sediment.Both the grass blades themselves and the surface area they represent provide food and attachment for marine species. Seagrass beds are renowned for their value as nursery habitats and are legally protected. 4 Several areas within. e Clam Bay system host Seagrass beds, specifically Outer Clam Bay and waterways just insde Clam Pass(see attached Exhibts). Three species are commonly found in these L/ Clam Bay waters the largest turtle grass (Thalassia testudinum)with flat strap shaped leaves,the smaller shoal grass (Halodule beaudettei(f ca wrightii))with narrow, flat blades and paddle grass (Halophila decepiens)with the smallest,paddle shaped leaves. Shoal grass is by far the most common though a small area of turtle grass has persisted since the original 1998 dredging.Paddle grass is much more ephemeral in nature and diligence is required to be able to locate it during the time frames when it is present. x.'l �1' f}1 � j{tiri 4 Y�s j. �7 a.cs�l�� 4 i - � .nr �vA j{ Y f�'� i� id{y Ct q��s/ �:::::tt,k--3:, fly..$$t4 ( 1�,� JJ.� •j t ,Ly- 7, Ir • rte?.`.- , . �t`- ;4,1r� ! •�_.� � fi �} �1,�.6L5 � ` �_� s;yam .4. "C4_ [ •tf rc .i,. �.r yr; Yf f FF Iii `^4''Jaitr 1n11,,f I�/ +s, k. ' 1(EJ 1 I r `f,. `�- t,f 45 I.t rid < r4t ��if aj Y� �l� � �r� l�°�? sjr � � ���� 'y yy�x � -�� IYYa .+-- "u tea'q 1� ��I� n � t- i .,6��ss--2'v �'`•.) 4 ` ftp-,,,Y�f+1�c ]�•,,t� �s+�� -t5��1 t` -1ti Ft1Y,Z-C�I' f cF --d,t.�[�. �(yfC �� � ' .7� r 7S.'l .vl 'a l •.m1:!- i `1 KYV'::t ���i�r MY1J��Sz7?' r{�e t'," 4i of[s -+e• '� � /J off` '^4 �- , +R't'4. "l .4:•:--:•-.%''''-. s '�.. �. - ��i ycV�v� i -^ # iw .'1� 3 t'}''�,�C 'ei II RJY 1- ;:r;11`..141t-:il'"t 5`L'Y z . —,, '�'t� h y{+ y ti'If�'t-l'1�,f4�trj ill 1 -'� 4. `-•• - 'r!-'7-'1 t afS o 4. Y[jy't, -..}�} -- S . 'rF 1 l ,- --.7- ,ifsik `3_ 'a� 't Y"a +` ' •�,.�" 1! Y ��••Y -. ! y Yid 3s`'f,F J' .� _ . .i74" '�X 1.,, V # ; c . lei�.-- ',',„tt[i 5 �'-;:k- YY'IL ''F ''r:: .'�� t -,,e r o' 7 t c '� !..D_- t�,� 4. t� ,"." 'J•' yr .1.44.0 - k:',.--11:----,,t i r I. a ft114,4' ( Figure 15:Seagrass habitat within the NRPA Boundary 40 C51/1 CLAM I AYNRPA MANAGEMENT PEAKY(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Other t enthic Habitats Oyster Bars • Oysters(Croassostrea americana) are filter-feeding bivalves,which were once common within the tidal creeks of Clam Bay(Humor and Rehm 1972). Oysters play a significant role in shaping the environment in which they live by forming a hard structure upon which an.intricate biological community is built. Similar to coral reefs, oyster reefs are `biogenic' (formed by the accumulation of colonialanimals)and provide structure and surface area for numerous other temporary and permanent species. . Providing complex habitat structure is the most fundamental of ecosystem services that oysters provide.The structure provides a place for algae and non-mobile invertebrates to attach,as well as a place for mobile invertebrates and fishes to be protected from predators.Although the relationships between sportfish and oyster habitats are not as well studied as in other estuarine habitats such as seagrass beds,they are considered essential fish habitat. The numerous ecosystem services provided by oysters can be summarized into three general categories: habitat provision,water quality improvement,and shoreline stabilization. Oyster reefs provide habitat to a diverse array of flora and fauna. The role of oyster habitat to the estuarine food chain is highly significant, as discussed in the previous paragraph.Through their feeding process oysters filter large quantities of water which transfers energy and material from the water column to the benthic community, subsequently reducing turbidity and water column nutrients. Through bio- deposition,nutrients are made available to the flora and fauna which comprise the complex oyster bar food web. Additionally, oyster reefs stabilize sediments, shorelines and adjacent habitats by buffering wave energy,further aiding water quality. a Deteriorating conditions related to closure Clam Passhought to have resulted in the disappearance of oyster bars in the system/though some re-occurrence has been observed to the south of the pass in the last few years during seagrass transect monitoring. Oysters have been documented around the perimeter of Outer Clam Bay in past years monitoring efforts. 43 V" YCLAM IMYNRFA MANAGEMENT PLAN(DRAFT) 4 6/.-----t.)CAA,, p\�"'�`�. Pelican Bay Services Division ` D May 1,2014 Ver. 5.0 .. .7",...00r_ ___...wirm" / 1 -.4joir--. ..0.,, -11)rillipli/Wr here are two circ stances th could necessitate dredging. The first is if Clam Pass closes completely due to a storm or natural event or is in eminent danger of immediate closure following a weather-driven event. In this situation the inlet should be dredged as soon as possible. The second is if the inlet has lost hydraulic efficiency that is not recoverable through natural processes, jeopardizing the health of the floral and faunal communities of the Clam Bay NRPA. This determination is made by reviewing and comparing current and past data from tidal hydraulic and bathymetric monitoring as well as the potential negative impact on the health of the floral and faunal communities of the Clam Bay NRPA. In both cases the Pelican Bay Services Division Board would approve and recommend an appropriate set of construction drawings for the dredging event to the Board of County Commissioners for its approval prior to their submittal to the regulatory agencies. Dredging will only be done for the health of the Clam Bay NRPA,not for navigation or beach renourishment,though beach compatible sand removed as part of the dredging activities will be spread on area beaches. a Monitoring 1 ,-,, _::- 61,4,4-4 G % -. The purpose of regular monitoring is to evaluate inlet characteristics on a comprehensive long-term basis with less emphasis on short-term or seasonal changes. Data on the below-listed variables will be regularly collected and used to determine if dredging is needed. Bay Tide Range G' Tidal range data • =,--• • CLAM JtAl7N,'l'A MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1, 2014 Ver. 5.0 Targets for volume of shoaled materials Section A less than 3000 cu.yds. Section B less than 2500 cu yds. Section C less than 4000 cu yds. Therefore, if the average cross-section of flow area falls below these numbers or the volume of shoaled material exceeds these numbers, further monitoring and/or intervention may be needed. Section A ._ Design Criteria and Monitoring Data x,. Cross-section Cross-section Volume within 1\ Avg(ft2) Miry (ft') Template (yd3) 1 2/04 500 420 3000 1005 340 250 3500 2013 Design 312 312 0 Target >300 >250 <3000 Post Const 300 300 0 3m post 340 220 250 post 375 250 100 12mpzt 470 300 2800 , / , ,,,/,,i,;,)r it 85 o �V sN V '''6'' 11 '' CLAM!LAYN1 RPA MANAGEMENT PLAN(DRAFT) Pelican Bay Services Division May 1,2014 Ver. 5.0 _ i __ 1k\ Section C i Design Criteria and Monitoring Nita Cross-section Cross-sec tio;-4 Volume within Avg (ft) Min (&) Template (yd3) 2004 715 515 4300 2008 660 470 420 Design 450 400 0 Target >450 >350 <4000 Pre '13 dredge 400 300 6500 Post '13 dredge 500 400 4500 3m post 425 375 5000 6m post 400 350 5000 Section Design Criteria and Monitoring Data i ;t' Cross-section I Cross-section Volume within Avg (eft';) Min (ft2) Template (yd3) 2004 470 345 3100 2008 425 335 2500 2013 Design 651 350 0 Target >4`0 >350 <2500 Pre Const 210 150 5500 Post Const 610 350 0 3m post 0 450 2750 6m post 500 400 3200 12mpost 325 275 5050 12m post 300 300 5700 86 From: Susan O'Brien naplessusan@comcast.net Subject: Re:2007 record with Amendments included therein to FLORIDA STATUTE 370.12(2)SEE Subsections n),(o),(p),(t)(1)and(t) (2).as relevant to Collier County MPR Date: May 9,2014 at 12:17 PM To: Marcia Cravens goldandrose@icloud.com Thanks, Marcia,for all your work on this important topic. FWC would not issue the required permit when we sought to replace the lost"idle speed/no wake"signs in Clam Bay,citing the new FL statute. On March 13 Neil and I met with Jeff Klatzkow who confirmed that the new FL statute made 96-16 unenforceable. On April 15 I talked with an FWC rep in the endangered species dept.who told me that Collier County's 1995 Manatee Protection Plan was evaluated by FWC staff after it was adopted by Collier County and that the documentation submitted with the Manatee Protection Plan was not adequate for Clam Bay to be considered a Manatee Protection Zone(which would make it eligible for idle speed/no wake), This does not preclude that in the future it could be become a manatee protection zone,but it would take extensive documentation that manatees are regularly present in Outer Clam Bay and/or other areas of Clam Bay. Thus in the near term we are seeking an ordinance change so that the signage for which Clam Bay is eligible relative to vessel speed will be permitted by FWVC and installed in Clam Bay asap if the BCC approves the suggested ordinance change. Please let me know if you have questions or comments. Susan O'Brien On May 8,2014,at 12:49 PM,Marcia Cravens<goldandrose@icloud.com>wrote: I <2007 Adopted Aiilcl idW,—ills to Fh ida_:r ...;n_37 it,-am 2 ...7ich is the. Eric_...2i: ',ad S_..._.:,a y •N •. MARCIA CRAVENS ::tc';c. ',.' �:r,.t;;;'; e First Submission of Follow-ups to Sierra Club verbal comments at 5-14-14 Workshop-includes attachments of USFWS 2-22-13 Biologic Opinion(BO)in full and pp.4-5;33;&39-43 excerpts of"Biological Opinion,Description of the Proposed Action";"Prudent Measures..."and"Terms and Conditions"of this BO May 16,2014 at 4:43 PM • ResnickLisa ..sn , ct .{: , v., et, McCaughtryMary n_ t q , fc:, .,:',. ;731.,,t-.t, Johan Domenie r. Joseph Chicurel ,c .;;:..@c;n:. c ro, Susan O'Brien .ta.p :c,'cou.,,^si r,r:;, 9 Tom Cravens .r 167 �:r>,..;.,,.;m� Michael Levy Tim Hall Dear Clam Bay Committee Members and Other Recipients, Please do not respond with any"Reply All"email to these comments,but if you have questions or request clarification of any portion of this email,please send same as a"Reply"only to me and I will make every effort to timely respond to you. This email consists of a First Submission of Follow-Up Comments to the verbal comments that I made on behalf of the Sierra Club during the Clam Bay Committee's Workshop on Version 5.0 of the"Clam Bay NRPA Management Plan". My intent is that I'll provide written followup comments by separate emails for each of the major concerns that I had verbally commented on and they will generally follow the sequence of verbal comments I made at the 5-14-14 workshop. First Submission Follow-Up: Concerns that Pelican Bay Services Division Has NOT Followed Directions of the Board of Collier County Commissioners to"UPDATE"the 1998 Clam Bay Restoration and Management Plan. This is not the first time that I have expressed such a concern. On at least one prior instance of expressing such concern,I provided citation and excerpts of the official record of the December 11-12-2012 Agenda and meeting minutes of Collier County Commission,whereby the motion,discussion,and action to approve the motion on BCC items,X,Y,and AC were approved by majority vote. Those items clearly demonstrated Commissioner Hiller's had placed items X and AC on the agenda with the intent that the PBSD would"Update"the Clam Bay Restoration and Management Plan"and that Turrell,Hall and Associates would provide a change work order to the PBSD,TDC,and BCC to"Update the Clam Bay Restoration and Management Plan". Attached to this email,I'm now providing the complete USFWS Biologic Opinion for the 2013 Nationwide Permit and have excerpted several individual pages below to highlight to the Clam Bay Committee that in addition to the BCC direction to the PBSD and their consultant,Tim Hall-the BCC also approved that Commissioner Hiller would send a letter to the Corps and inform them that responsibility for management of Clam Bay Preserve had been returned to the PBSD,including the responsibility to prepare and submit for permitting to dredge Clam Pass and that such dredging would be based upon an Update to the 1998 Clam Bay Restoration and Management Plan. Accordingly,the Corps and the USFWS took note of that situation and it is reflected in the Nationwide Permit and the Biologic Opinion which is required for a Corps permit to dredge Clam Pass. I hope that you will review all of this information and modify the recommendations for the Clam Bay NRPA to reflect that they are in fact intended to Update the 1998 Clam Bay Restoration and Management Plan--just as the BCC directed the PBSD and Consultant to do and just as the BCC had informed the Corps and the USFWS would be done by the PBSD. Thank you for your review and consideration of this comment and its attachments. Marcia Cravens Chairperson,Sierra Club Calusa Group (239)594-8256 goldandrose@mac.com On May 2.1., 201 1.the So-vice rc'c'Ned an cn1.ii1 Cued a copy of:1K'Cc' r d:ti it Pahlic. Notice dated!Liv 13. 20 I. The Pt:'�iic: Vc:ticc '.v.i anic'r:dcd hecati,e ti-e.Ar'p:r.:n( requested to i 1u:;r.icfaitiinal s ncl till tcn pliee cli,ectiy north ci(.':un Pas:. On iurr(i, 'itt I.inc S,21.%:cc,'nr_tici the C't t}•,:':nquite +alit:her ,, not the Coif".md Applicant ',vu ld:.:rce to iir.p.ernent the Reasonable:incl l i idem cic.ic inti tract loran and Condition,"in tl:c St.,:c'.ctde Fstc t.tt ;nt:a:c If it ,u .isi()iltntrn t.PR0;tScrviec 20,I ii_iici'tntng the L1'e.t htd.sn rr:.nt:ace and ne+tiu ,cs ti:rtle.. Or amtu, iti. 211 the Servicc recei>,eci.in email `i::n°i:It, ('nt.i sr.ta, ' that ;t,l :'eunecn,of Th, f':„jcet,e th ,:ntauit h,:he 1Ze.iu•n::1-'ie.arc: Prudent \fca.ur:...irt;t I cr n, tn;l( ,:mlttiv;t, outlined a.the SP130. Or September _I. ?UI the tic,e iec:'r, atlrci:1t,. ('rt ii.,t ,e.vttcf iegtic,i to: acicttlrori.il in ,ntL,t!ic'a. (Ii'.cjitembe, 23. 201 '..:lie Sec .idut:it,nal i:;i'':rtrairti 'ioni;lie C',:tl;,