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CBAC Backup Documents 01/20/2009 R ~ MEETING AGENDA CLAM BAY ADVISORY COMMITTEE TUESDA Y 20,2009 - 2:30 P.M. COASTAL ZONE MANAGEMENT CONFERENCE ROOM (3300 Santa Barbara Boulevard, Naples) I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of Minutes VII. Introduction of Clam Bay Advisory Committee and Housekeeping VIII. Background IX. Immediate Staff Recommended Priorities for the Clam Bay Advisory Committee X. Public Comments .... -~ XI. Announcements rv U)--I"" XII. Committee Member Discussion Vu~ XIII. Next Meeting Date/Location Tentative - February 19, 2009 - Sugden Theater at the Regional Library, 2385 Orange Blossom Drive, Naples XIV. Adjournment All interested partied are invited to anend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. CLAM BAY ADVISORY COMMITTEE The Clam Bay Advisory Committee is a 9 member committee created on September 9, 2008 by Ordinance 2008-48 to advise and make recommendation to the Coastal Advisory Committee and the Board of County Commissioners on matters pertaining to the management and operation of the Clam Bay estuary. The committee shall make recommendations as to its duties, functions and responsibilities along with developing a comprehensive work plan that focuses on the needs of the estuary. The committee will provide a written report to the Board of County Commissioners no later than October 20. 2009. The committee will sunset on December 31, 2009 unless re-established by the BCe. Members will represent the following categories: 2 members from Pelican Bay. 2 members from the Sea Gate/Naples Cay area, 2 technical positions, and 1 member.from each of the Commission Districts 1, 3 and 5. David Roellig 6000 Pelican Bay Blvd., #504 Naples, FL 34108 (239) 594-2210 (H) dsroelig@naoles.net John Arceri 1228 Lamplighter Court Marco Island, FL 34145 (239) 394-9202 (H) (239) 207-0016 (W) (239) 394-9202 (F) arcmi@comcast.net Kathy B. Worley 4304 Montalvo Court Naples, FL 34109 (239) 597-8646 (H) (239) 403-4223 (W) (239) 262-5872 (F) kathvw(alconservancv.org Ronald A. Glah 81 Seagate Drive #1003 Naples, FL 34103 (239) 213-1534 (H) (239) 213-1532 (F) rgJah(iVcomcast.net Tahlman Krumm, Jr. 8960 Bay Colony Drive, #204 Naples, FL 34108 (239) 596-1228 (H) tallvkrumm(al,mac.com Noah Standridge 1670 Oakes Blvd. Naples, FL 34119 (239) 597-7147 (H) Noah@centrusplanning.com James A. Carroll 7425 Pelican Bay Blvd., #1802 Naples, FL 34108 (239) 597-9767 (H) (239) 597-4947 (F) iimionoat@comcast.net VACANT SEAT Robert Rogers 5164 Seahorse Avenue Naples, FL 34103 (239) 353-1973 (W) (239) 262-0759 (H) ro bertro gers@vinevardsnaoles.com CZM Staff Representatives Gary McAlpin, CZM Director Colleen Greene, County Attorney Gail Hambright, CZM Accountant Updated 1/16/2009 (239) 252-5342 (239) 252-8400 (239) 252-2966 I!arvmcalpin@colliergov.net colleengreene@colliergov.net gai lhambright(ii)colliergov .net ORDINANCE NO. 2008- 48 AN ORDINANCE CREATING THE CLAM BAY ADVISORY COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT AND COMPOSITION, TERMS OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR REMOVAL FROM OFFICE FOR FAILURE TO ATIEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REVIEW AND SUNSET PROVISION; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County approved creating the Clam Bay Advisory Committee on July 22, 2008; and -< WHEREAS, the purpose of this Committee is to review issues affecting the~re ~am r-::? co Bay estuary system including the direction, management, health and long term vi~fi:ty ~the" U,F~ - :-: (I). \J:) ., entire estuary system and to make recommendations directly to the Coastal Adviso~~~tte1T1 .....,-., , -~ which will then forward any recommendations to the Board of County Commissioneg~d::- 0 C3:::f 01 WHEREAS, the Clam Bay estuary system is a designated Natural ResourC\!'Prot~tion Area (NRP A). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Creation and Purpose of the Clam Bay Advisory Committee. There is hereby created the Clam Bay Advisory Committee (hereinafter the "Committee"). The Committee is created to assist the Coastal Advisory Committee and the Board of County Commissioners with all issues affecting the entire Clam Bay estuary system, including the management, direction, health, and long term viability of the estuary system. SECTION TWO: Functions, Powers and Duties oftbe Advisory Committee. Once members have been appointed to the Committee, the membership shall develop a mission statement, outline its specific functions, powers, and duties, and develop a work plan which will be presented to the Board of County Commissioners for review and approval. The Committee will also recommend the boundaries of the Clam Bay estuary system to the Board of County Commissioners. SECTION THREE: Appointment and Composition; Terms of Office; Attendance and Filling Vacancies. The Committee shall be composed of nine members whose membership shall include two representatives from Pelican Bay,; two representatives from Seagale and/or Naples Cay; one resident from District I; one resident from District 3; one representative from District 5; and two members from the community at large with specific technical scientific expertise related to estuary management and protection. Committee members shall be sought in accordance with the provision of Collier County Ordinance 01-55, as amended, or by its successor ordinance. The initial term of office of the Committee shall be one year. The Committee will be reviewed by the Board of County Commissioners in one year in compliance with Section Six of this Ordinance. Members of the Committee shall be appointed and serve at the pleasure of the Board of County Commissioners. Members shall meet the qualifications for membership and requirements as outlined in Ordinance No. 01-55, as amended, or by its successor ordinance. Appointment of members to the Committee shall be by resolution of the Board of County Page 2 of 4 - Commissioners, which resolution shall set forth the date of appointment. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term. Section Four. Removal from Office; Failure to Attend Meetings. Removal from office and attendance requirements shall be governed by Ordinance No. 01-55, as amended, or by its successor ordinance. Section Five. Officers; Quorum; Rules of Procedure. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers shall serve for a one year term with eligibility for reelection. The presence of five or more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majority vote of the entire membership, adopt by-laws for the scope and transaction of business to be approved by the Board of County Commissioners. The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. Section Six. Review Process and Sunset Provision. This Ordinance shall automatically sunset on December 31, 2009, unless otherwise extended by Resolution of the Board of County Commissioners. The Committee shall provide a written report to the Board of County Commissioners no later than October 20, 2009 with recommendations on whether the Board should continue this Committee. Page 3 of 4 - Section Seven: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section Eight: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Nine: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this A!:aay of September, 2008. ATTEST: D~GliT'E.~~OCK, CLERK ~~~ Po(a~Jr ,. . Deputy Clerk ',,.Attest IS. to. C",IMla.. , ..~I~it.""'-'Olll. '. BOARD OF COUNTY COMMISSIONERS COLLIE COUNT , FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~fvt~ - Colleen M. Greene Assistant County Attorney Page 4 of 4 - This ordinance filed with ttle s..."C.~tory of S~:Jte's Offic-e trf.! .~ d"y 0f ~.t, -~ {in:! ack.newl-:,jgeme~rR then 4i1;~Cp,ved this _ day of, cr$ 1.-~ R~ {~---- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-48 Which was adopted by the Board of County Commissioners on the 9th day of September, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of September, 2008. DWIGHT E. BROCK Clerk of Courts and Cl'erk. Ex-officio to Board of County Commissioners '- ~U\P ttJ Co-'{IC{ IJ( By: Teresa Polaski, Deputy Clerk Clam Bay Advisory Committee 1/20/2009 Meeting I. Introduction of Clam Bay Advisory Committee and Housekeeping . Introduction of Committee Members o Clam Bay Advisory Committee Members and Contact list attached o Appointment of Chairperson and Vice-Chairperson . Ordinance Establishing Clam Bay Advisory Committee attached o 9 members Advisory Committee appointed by the BCC reporting to the CAC with focus on management of the Clam Bay Estuary. o Committee sunsets on 12/31/09 unless re-established by the BCC. o Tasked with identifying duties, responsibilities and resources required along with a Charter/Mission Statement. . Housekeeping o Development of time and location to meet on a monthly basis. . Proposed at Sudgen Theater in North Collier Regional Library (Orange Blossom and Airport-Pulling) . 2PM on the third Thursday of the month. o Adopt all mles and policies of the CAC dealing with agenda, public comments and speaker time limits. o Sunshine Law discussion - Colleen Greene -- ~ == ..... E- ~ ~ ~ ~ '-D ~ .- c t;~f~~~'" .~.~ .., ...., .....s S Q. ~ g.~~:: ~ ~ .S .., Q.~ ; b ~ ~~O'C,j'E ~'-' ..... '" '<:l:: l::l t>O", ~ ~ ~ ~ h .S "S l::l tI).9 tI) '" ~ ':..;~.'i-:S~1; '" -.... "'-";;; '" :2; ~ 1: 8 <::>:= ~ ~ -. ~ ~ '<;; <::>..... H1Ut .] ~ ~...o E: ;: ';:: '" ~ 8 0..:::- kl~ ::: ;;;, "'......::; "'h- "7... <::> t;~~ <l) t- ~ ~ t=l 'V C5 .:; r::,~ ~ ~ i"("f; '" C .... '" _toil _ ::: ~~ .., ... ~': ::. ~L "::: "" ~ ;z < ~ -::.S e;- ~ ~ ~ c ~ ... .:: :;"0 ""...::: ~~~ l~HHH ",E:~..::~~~~ ~! ~ g; 1::.-:::--.. ~.. ;' '11n') '.'->': .~ ' ". "r .O'JiX3W .3.0, "'~ .5.2., . . 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S; III ~ '" ttl ('ll ~ c;' :E 0 ....,. >1 C .........., {j Q..t;:r:l::lCOo <g~~a-ac ~; Cl ::rill !l.= ::r., ::I .. ... :It Q...lll 0 ......~'<~ ~ ~.::I'; :;;' S CIl ~ -< o..::r' El" S' g CIl .... {"j::'~iJtl ... ': t:l ~~':E ~:. ~ ;: C'" c ;:; III ~ 3"C ::r:::I =-"E.. c- . s; g.E';'?: 5' e ~ ; l'tl ~(Jl:; ..... Ill..o -. c- o o..::s 8. ("\I l'tl ::s "'o..l'tl ....Ill -. ~ ... t:l Cl ., Cl g- 0 ... :r' o :...........::r::;- :3 '-< ... CIl ;. 0 (J)o~E..o= l'tl=='c<- 1ll...S::::., ('\l., a: ;;;-E":-.<~ ~<;':lofito: .... c 3 "'tlg..l'lI ;" ......a III c = (1l .... c < 0..:::-. :=:e.~~2..e. >- '2 t'1'j ~ ~ ~ o ~ t'" - ~ t'1'j f ~ ,'1",- "~;., . ';t:~ "~ 'tY ::: :::- ~ 0,.. ~ :::: :: :::: '"' '" ~0,~~~ ;; ~ 2 ;; .- ~'~ ~~. :".'" _ J,:C :::.. '" - -. ;; :; , ~ I '1-Jr .f' -..C":.- "'-:F-\-..:'- . )J"'--(}\ r;Y-?-J V.erStOV] FDEP Permit No.: 0128463-001-JC (Previouslv 113(49919) Page 8 of 2i 1176 conservation measures can be taken. 3. The following conditions are required to minimize impacts to manatees: a) The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of . manatee(s). b) The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. c) Siltation barriers, if used, shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. ~ d) All vessels associated with the construction project shall operate at "no wakelidle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e) If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. f) Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DlAL FMP (1-800-342-5367). Collision and/or injury should also be reported to the U.s. Fish and Wildlife Service in Jacksonville (1-904-232- 2580) for north Florida or Vero Beach (1-407-562-3909) in south Florida. g) Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the pern1ittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Calition: iYlanatee Area will be posted in a location prominentlv visible to water related construction crews. A second sign should be posted if vessels are associatelJ with the construction. and should be placed visible to the vessel operator. The second FDEP Permit No.: 0128463-001-JC (Previously 113(49919) Page 9 of 21 ~,.,x ,"\, ., .~Jr '''" "\ 'i \" ~\ sign should be at least 8 1/2" by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shlitdown if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at I-800-DIAL FMP (1-800-342-5367). The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580)for north Florida or in Vero Beach (1-407-562-3909) for south Florida. h) Pem1anent manatee infonnational signs, such as those shown in the enclosed exan1ple sheets, shall be installed and maintained at the canoe boat ramp at the southern cnd of Outer Clan1 Bay following completion of the initial dredging event. 4. Pursuant to the Florida Department of State, Division of Historical Resources (DOS-DHR) regulations, no heavy equipment, land clearing, or ground disturbing activities shall be allowed at sites 8CR47 6, 8CRS47, and 8CR576, unless subjected to prior testing by a qualified archaeologist and approved by the DOS-DHR. See the attached pern1it drawings for the locations of these historically significant areas to be avoided. =; 5. The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow water depths and meandering channels lined with protruding mangrove branches and roots. To protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety (boaters utilizing these waters), therc shall be an idle speed/ no wake restriction on motorized vesseis uscd in the system (as stipulated in County Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam Bay system by County Ordinance No. 96-1~ shall remain active and enforceable for the life of this pern1it. Additionally, two Florida Marine Patrol approved signs that slate, "Idle Speed- No Wake" and "Caution- Shaliow Water and Natural Resources Present- Tilt Motor Up To Prevent Prop Dredge- Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." shall be placed at the following locations following completion of the initial dredging event: I) One within the entrance of Clam Pass facing boaters entering the bays; 2) One at the entrance to Outer Clam Bay facing north and easily legible to boaters cntering Outer Clam Bay: 3) One at the entrance to Inner Clam Bay facing south and easily legible to boaters entering Inner Clam Bay: 4) One at the entrance to Upper Clam Bay facing south and easily legible to boaters entering Upper Clam Bay: and. 5) One within the upper rcachcs of Outer Clam Bay facing southeast and easily legible to boaters leaving Seagate. 6. To protect the submerged natural resources (seagrasscs and oyster beds) adjacent to the channels to be dredged, weighted turbidity scrcens that extend to the bottom of the waterbody /0,.,2"-'" :'<;,. ORDINANCE NO. 97- 10 ;,;::"..0 '''~(''. It)..... ,,'.. ~ IS' ..... 'f 'i\~ \:AN ORDINANCE AMENDING ORDINANCE NO. ; ~-A r 96-16 REGARDING VESSEL SPEED CONTROL " ~--. AND WATER SAFETY; ADDING A DEFINITION :~~ryl.OfO"""" FOR HURRICANE PASS; INCORPORATING ALL IDLE SPEED ZONES PREVIOUSLY . DESIGNATED BY RESOLunONS; ADDING NEW IDLE SPEED. NO WAKE ZONES; PROVIDING FOR CONFLICf AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; RJ:PEALING RESOLunONS; PROVIDING AN EFFECTIVE DATE. .' , WHEREAS, Collier County, pursuant to Section 327.22 (I)(a) and Section 327.60(1), Florida Statutes, has the authority to adopt this Ordinance to impose idle speed zones on waterways in the Jnincorporated sreas of the County without approval from the Department of t!nvironmental Protection or lilY other Agcney of the State ofFlorlda ofthe Federal Govcrmnent; Iftd , WHEREAS; Collier County has heretofore established several waten of uninc:orporated Collier County as "Idle Speed - No Wake" zones by adoption of four (4) Resolutions numbered 79-165, 81-199, 85-146,lIld 86-1; and WHEREAS, the Board of County Commissioners deems it appropriate to continue to protect the public health, safety and welfare IIld to continue to promote safety in the operation of vessels in specified county waterways and boat basins by re-affinning all of the "Idle Speed - No Wake" zones that have been heretofore been established by the combined effectl of the above-listed four (4) Resolutions; and WHEREAS, Collier County hereby also designates some new areaa as newly designated "Idle Speed-No Wake" zones; and WHEREAS, in an effort to prevent injuries and to reduce boat damage and other property damage that results from excessive wakes, it is advisable to inform boaters that the subjec:t navigable waters are restricted "Idle Speed" and/or "No . Wake" areaa by plac:ement of infonnative regulatory markers, therefore the County will post all such designated Idle Speed - No Wake zones with apll.opIiate signage and will continue to repair, replace and maintain those regulatory marken. Words deleted an: 1IN8k 1hPeYgh; words addeclll'e lnVIf!!'1infld ! NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. tbat: SECTION ONE: Collier County Ordinance No. 96-16 is hereby amended as follows: SEmON ONE: INTENT AND PURPOSE . It is the intent and purpose of this Ordinance to protect and promote the health, Il8fety and welfare of the public, including residents and visitoB to Collier County and in particular by providing in specified water reasonable speed regulation to the operation of vcssets as defined. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. SEmON TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Water Safety and Vessel Control Ordina..ce." SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced on all the all walen of the following described Restricted "Idle ~d - No Wake" Areas: 1. The Clam Bay System including Upper Clam Bay, hmer Clam Bay, Outer Clam Bay, and Clam Pass. These restricted areas are as specified on the map attached hereto as "Exhibit A." 2. Hurricane Pass, as specified on the map attached hereto as "Exhibit B." Hunir.anl!!: Pa.~ll 1!1. de~criMd aI, follows' ThMe: walen. northl"..ad of the ('fUll of Mexi~o hetweP.rl the Rhn~ of ~annnn hland And Ke~w~din hhmrl (al~o \mown ..OIl IC~ b.land) Rnnth of the !louthem rmrl of' l,nlt"): Marc-n hl:md within the: fnllowinr hnnndaneK' The northern hnlmlhl1Y ;11 A 11ne at the Aouth~mn!lt point o(Little Marco l!lland at Appmyimllte1y 250 S9.91N RIO 45 17'W east to C".Annnn Island (250 59 9'N 810 45 OS'W) and west to Keewl\Ydin IRland (250 599'N 810 4S 14ii'W)" the ea..lIltnn hn,mrlA\y is the We!llt~ t::.hnTP. of ran"n" hlancl fTnm itA _ ;nt~nn with the: north~ hn1mrlA1:)' of HlImt'..anf'! Pst"" IIlnl1th to itA intf!l"!U'ldinn with the IInl1them hnund~ of Hllmcane Pau' the Anuthem houndaTV i!l A Hnl! eytl'!'nrlinf from the lumth~mn!lt po;"t nf KeeMl)'din hland (2.,\0 ~Q 7&'N R1. 4~ \1'W) appmyimately f".a,!Ilt.an1Jthf";A"t tn the nl':AJ'eRt !Ilhnre of'C'..annnn (!It.anrl {2~. 2 Words deleted are RNlk \1w8..alt; words added are Imdl'!rllnM 5g 7'N RI. 4~ O~'W); Rnd the we.t~ bound~ ;11 the ea.!\ttem Rhrnetine of' 1{_waydin t.tand from il. InUlhemmolt pninl (Z5. 597R'N Rt. 4~ 17'W) nnrthward to it" ;ntl'!nec:tinn with the nnrthP.'m bnnter nfHumc2Jlf!: Pa!!!:",. 3. ReallF/eEl. At an bnat h~,,;n" in a.11 re~itiential c:anah, anti at all ~llws1t~ ~A!I within five hunnl?..d (500) feet of the thP.T1 !\tea wallll"!d ~hnTeHne ;n the followini areaJl' . a (.;tlle HidrrlQ' Rs\y' The north lIlidf'! nf'l.itt)e Hidcn~ Bav in the vadnity of Rnnita. ~hnre!land l.ely Rarefnnt Reach Tht":!\:e aTl~a!l are Khnwn on the m"l) attached hf!T'etn All P.xhihit It~" h The Cncnhaleh"" River. Those Ilartll of the Cnenhaleh"" River n..... Wiiiln. psg C'nnklin Poinl Winin. Bay C'mtfHarbnr and Palm !l~; .1Rn Water Turk:~ B~ and ROuth from thcl"e to Bnd indl1r1inr Vandm,ilt t .Arnon The!le SlTP.SlJI. III'P. Rhown on the msq)" ...ttAl':h,...cI h~to aR Pxhihitll ..~,. anrl "0" e The Naill", Ba" Area.. The Gordon River p.o.1 of 1J!l 41 near River Rf'!:tch and C'.nc:nnut River P.AtatB; also Rock ~reek eut of If ~ 41 n,.~r Rmnlrllide' alro Haldeman ~k Theu.: arealll are shown on the map attached . hereto BS Pyhibit "'P." d hIe. of ClIP" Area' All areal wilhin five hund,..,d (~OO) feel of ...n Rea. waned .horetine .., shown on the map atta~h,..iI hereto LIll: Exhihit "F' e Marco TAlll11rl. Within Il11d Am1mrl all of Maren (glAnrl ine1l1dinv .11 of Collier Bay .11 of Roberto Bl\Y the well Iho,.., of SanelualY ~nlm~ all of ~molcehnlUile Rav a11 of RmnkehouM ~n!f';1c the north !tirlf'! of CSIIYRmhu B~. all of Clam B~ partR of F"c:t~ Bl\Yr the west Iil.hor~1ine of Barfield Bay and part. of the nnrth !tide nfHo", Tllla.ncl' a.)!l.n all ,ntmOt" t""JlnAll1 of Mart'".n T!lI.t~nd TheM! an:atl M"e Rhown on fhe m~p!l atta.c.h~iI h~tn llA P.:xhihitlll .'F" and "G". 1: Onndlmrl A~' Within five mmrlrl".tt (~no) {~ of all Rh~1inf'l ~land' alRn the hoat huin in the Rir Marco River aclja~ent to the "nrth Jride nfthl!!: ~tate Road 92 Bridle The!l.e: Rt"I!AABI'e Rhnwn nn the m'tp Jlttac.h~rl hP!1"f':to u Pxhihit "0"' . 4 Hend""",,, Creek, All of Hendennn Creek ea.1 oflhe Hillhway 9~1 'Andre smd weRt of thAt hrid~ tn the fin. pili"r Thi!t Bl"PA ;fl tthnwn nn the mllP attac.hM heTetn .." P..'l:hihit "1-1" 3 Wotdt deleted are mulk 1hrellgt.; words added are underlined 8. Reserved. 5 PM of th~ l!t'a.nd~' The Ae2 waned marin:. ha~in and Routh th~nf 'W"''I';mately 1 000 f~d 8JI ~hQwn on the ml\P A"ar..hed h~tn u. F:xhihit "1" 6 The Rvet:i'ades City Area.' The Ramm RiveT' from the inlet north la tht'!! r.ad sine of the State Road 29 hridie' ah:n the UT a1ces" area witllin five hundred (~Om feet of An J1.P..a, wan!l An part!l orH~'fway f:ree1c that are within five hundred (500) feet of 'Plantation lda"" These arr:as are shown on the map e attachl"..rl heretn 2!1. Hxhihit IlJ" 7 r:hnkolnskee h.tand' A 11 are3!ll wilhin five h\1nd~d (500\ feet of the Rea waned At'ea!l of r:hn1cnlm:.1cee hland These 3rt":a!l :ne shown on the map Ilbehed h~tn as Flt'hibit '"J". SECTION FOUR: VESSEL SPEED REGULATION Except during an emergency or operation by an official of the government while engaged in official businc.3, the operation of any vessel in excess of idle speed, as defined herein, in or on any waters specified above is hereby prohibited , and is a violation of this Ordinance. Said prohibition is effective and enforceable provided the "no wake" area is designated by regulatory marker, signage, buoy, or any other notice of the "idle lij)Ced-no wake" status. The locations of such notices shall be placed at the discretion of the County Staff. All such notices posted by the County arc official notices of the County. Provided the re_trioted llTea is J>Mfed fl.'1 an lCltfll! ~peed" .ndlnr "'Nn Wake" areL it is no defense to a violation of this Ordinance to allege that the persnn i_rued a notice of violation of this Ordinance Def",EleRt did not observe IlllSlCd notice of the "idle ~p.ed" andlor "no wake" status of the waters. . SECTION FIVE: DEFINlTIONS For the pUlposcs of this Ordinance, the following words arc defined as follows: A. IDLE SPEED means the minimum speed through or over the surface of the water that will allow the vessel operator to maintain steerage of the vessel. B. OPERATE means to be in control of the speed of a vessel traveling over or in water. 4 Words deleted are IWBk an'llglrl; words added arc: underlined C. VESSEL means a motor propelled and/or artificially propelled boat, sailboat, barge, airboat or olher watercraft used or eapable of being used as a means of transportation of one (I) or more persons over or in lhe water, whether propelled by wind, propeller, or forcing flow ofwaler by propeller or impeller, or otherwise. Vessel does not include a canoe, kayak, or similar small minimum wake type vessels provided the vessel is then being propelled only by paddle and . not by molor, pump, or sail. "Vessel" does not include seaplane. SEmON SIX: PENALTIES Each violation of this Ordinance is a civil infraction. If a Citation of Violation is not contested and is paid in full and on time, the fine shall be Fifty ($50.00) Dollars for the first violation wilhin any six (6) month period, and One Hundred ($100.00) Dollars for a second violalion by the same person within any one (t) year period. tf the fine is not paid in full and on time, the Court may impose a fine of up to Five Hundreo ($500.00) Dollars plus Court costs and any other costs and/or fees authorized to be imposed by lhe Court by Florida Statutes. , As an alternative means of C'".forcement, violations of this Ordinance may be referred to the Collier County Code Enforcement Board. SEmON SEVEN: ENFORCEMENT The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier.County, Florida. Civil Citations may be used to notify the defendant ofallegations of violations of this Ordinance. SEcnON TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shan apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and . independent provision and such holding shall not affect the validity of the remaining portion. s Word. deleted are "'Ik &lurewgh; words added arc nnderlinM SEcnON THREE~ INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered 10 accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate . word. SEcnON FOUR: REPEAL OF FOUR RESOLUTIONS. Resolutions numbered 79-165, 8t-t99, 85-146, and 86-1 are hereby repealed. SEcnON FIVE: EFFECTIVE DATE This Ordinance shall take efTer.t upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Comrnissionen ofCo1tierCounty,Florid..this~dayof ~.L../ ,1997. A TrEST: DWIGH.T.EiB~OCK, CLERK - . , ... :.l::: .':~" .:.,.... . , .,-:0 /', \~ ":. (', c";: :: : ~ ': ( -: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:.~/~ Timothy . Hancock. CHAIRMAN >"~" ,,;;~ :;!. .')\~. .~. :','\ ::.>.~. App~oVed.as.lo'form and lega\ sufficiency: J- ~"J;~ Thomas C. Palmer Aseistant County Attorney ThIs ordInance (iled with the Secretol"( cf ~tlt:s QHico the I!li!. doy of <.L . ..L.l2Z. (lnd acknowledgement of tha' flling recJr...ed lhl!l.~doy of r'b J.~'" By ~~~<'I ~ . ~c'""'" h:\ordiMaea9'Nd1. . .a I1:p . 6 Words deleted are IlNIIl threugk; words added arc underlined SCALE . Ii MILES C"I c r ." 0 ." '" ~ ~ ~ n 0 I 'j ~ 'j '2. 1;, G1U .5 CLAM PASS IDLE SPEED NO \JAKE SEAliAiE ..-._......---_..~ --- : ~ ~~~ ~.:.:... IIHIIIT "I" TO OIDIKAKCI ~I . : IIlZI to :. Cl::S31lO GULF OF MEXICO CANNON ISLAND .. PROPOSED PbSITlON OF ~:. :.:.:. \::::.. REGULA TORY' MARKERS; - ~~ limE MAR cd. / HURRICANE E2~I.. PASSES. , SCALE r.:7"X \o.:..:J' - Q3. . . . . . .... .. ... .- -,. <I .::. o 2000 1000 reet ca.uER COUNTY SHalElH - nORlOA Il.t.RINE RESEJJlOi IHSDTUlE, WOOFED TO lLUsmA1E OJRRDlT CQlomOHS BY HI. TURAL RESOURCES DEPAR1\/EHT 7/M. . Exhibit c IDLE SPEED ZONES . HATCHED AREAS ARE IDLE SPEED ZONES LEE COUNTY BONITA BE CH ROAD US 041 SCALE o .5 1 MILES WIGGINS PASS COCOHATCHEE RIVER . . ~ . .' . . . ",-'-, .' ;!:.~;\~.:.j,:~.~~. . ';y," .....:..;.:..:.":~.r...-:. ,-. ."' '.' . .' . . '. ~.- \ . . .-, : ',t ..' t.... DtI. MOO WlCClMS STArt PAItIC VANDERBILT BEACH -_. . ~. :...... (,:,,:-,.-.:..... " PALM SHORES VANDERBILT LAGOON V';;: UPPER tCLAM .~, AY o f' PELICAN BAY Exhibit D CR 846 o SCALE .5 MILES IDLE SPEED ZONES c I: I~ HATCHED AREAS , SPEED ZONES ,~,OUTER ~!i". CLAM BAY US 41 PINE RIDGE ROAD '.~:.'I...,....... .:\ " ~.~~.:"' :DLE SPEED ZONES Exhibit E GORDON RIVER .. RIVER REACH G HATCHED AREAS ARE IDLE SPEED ZONES a . NAPLES GORDON RIVER ROCK CREEK SCALE o .5 MILES HALDERMAN CREEK . : ,'.' '.: .,..' . ~ . '. ..;" " .-:~~:-..~. . ,'~':.~.!~,~v.':'$:.(~,:.~t.. . ., . . '.. ';*I.'~ ~ ". _' CAPRI . \ SCALE .5 MILES Exhibit IDLE SPEED ZONES \ HATCHED AREAS ARE IDLE SPEED ZONES . , CAXAMBAS PASS ...~~ .. '. ;:::i~'. . "; ..... ~~ '. ." . .~t, :;,:. . ,'to ".'~;.~.'~ :..........~.'......... ." -:'~..f~:'.'..:..I~.. ~-',:...' .~.;..,.-r~~~~.:-~ .~. :J''''''':~'~'~:.: ,,~~>';',r,:~'1;:( ....;':.1?~,d~ - . Exhibit G SPEED ZONES, HATCHED AREAS ARE IDLE SPEED ZONES ~~ ADDISON BAY o o GOODLAND BAY ~ . ... . ~,: ,',~. ",,';, .;..~:-.r"'~',(, ~ ...... ""'. ",' .... . . .-',.." '.~" '. ,.. ,",:.:'i. . HENDERSON CREEK SR :951 . -;. Exhibit H IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES SCAL.E . o , .5 MILES . 1 ',. >....--.....'.. .. - ,.... , . .~~~n_:~. , , "' US -41 PORT OF THE: ISLANDS FAKA UNION CAN,AL . Exhibit 1 IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES ~ SCALE o .5 HILES 1 FAKAHATCHE RIVER ..-...... '. - .;::-.:~ ......,";. ......" . ";r..- - --...-..-.... ._---~ . Exhibit J IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES EVERGLADES NATIONAL PARK " ~ro.., )- '0 \5'{; <"<" SCALE o .S MILES . '-JJ1 tr, . .... . ... . -,.-- -,--...-.-- " . STATll OP PLORIDA) COUNTY OP COLLIER) I, DWIGHT B. BROCK. Clerk of Courts in and for the Twentieth Judicial Circuit, ~ollier County, Florida, do hereby certify that the foregoing i. a true copy of: ORDINANCE NO. 97-10 Which wa. adopted by the Board of County Commissioners on the 11th day of Pebruary, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County. Florida. this 11th day of February, 1997. ~ t. ...:~.~.......,:t~:. "'.~~ ~ ~;~~T o~. c~~~ and..~et~~;{f, :~"-':":',:.~.)-;' Ex-officio t:J Boa~d ~~~~.~..!< 1';. ...;/~ '~\-, County Commissioners.~,,:.t'!.~~\~;J_ <'.1> ' "~~~")~ ~ 1.:;~ :..:f~~:1~:~}:f/l~U By, Maureen on.l~"'j..-'.... ....,t,... .. . :. ):..~..'. .',- ..',C'~' t. Deputy Clerk .". ()' ....:...'.:... .~,. ..- - .>\.~,..:{..::.';..::~\:~{::. ..1. . .'~ ',' Print Map Page I of I CCPA 2007 AeHahl2Q01 [2 fEET) CoR;'" .cour.ty @2004.CollierCountyPropertyAppraiser While the Collier County Property Appraiser is committed to providing the most accurate and up-to.date information, nO warranties expressed or implied are provided forthedala herein, its use, or its intefllretation http://www.collierappraiser.com/webmap/mapprint.aspx?title=CCP A %202007 &orient= L... 1119/2009 Print Map Page 1 of 1 CCPA 2008 Sl,lbdl"l'McIlllo AetUal" 2001 {(i In<;h ulbanl 8ulldl"", footpllnb con....c_tw @2004.CollierCountyPropertyAppraiser, \/Ifnils the Collier County Property Appraiser is committed \0 providing the most accurate and up-to-date information, no warranties expressed or implied are provided lor the data herein, its use, orits interpretalion http://www.collierappraiser.com/webmap/mapprint.aspx?title=CCP A %202008&orient= L... 1/19/2009 \:=Ytpvv\. cS&JW,-- 'B&y (Ler:57e~n ') k!.J"J;fvV>d~ft(~~- M-1LQ IJfrf/J1~c me//l/?~ <;;e C// LtYu .3. 6 . fJl rf/)11fO~/ errtf d;J 1/ C1ff' benefit to the system. Additionally, improvements to the Clam Bay ecosystem will be achieved by reducing and/or modifying the amount of irrigation water used by the Pelican Bay community. While the pass has closed on a variety of occasions, the system. while stressed, retained its basic health throughout all of those closures until the most recent rain events. This suggests that with significantly improved tidal flushing, the system does have the capacity to take on larger amounts of water than rainfall alone would normally contribute and to do so on a regular basis as contemplated by the stormwater management system. Improved management of the system will allow for the development of operational directives that balance these two objectives and allow for the adjustment of irrigation disposal when the level of inundation within the soil column reaches predetermined levels of saturation. This initiative should also include a review of the management practices for the administration and discharge of the first-flush stormwater runoff and the adoption of Best Management Practices to insure that such stormwater runoff will have minimal adverse impacts on the water quality of the riparian habitat adjacent to the Pelican Bay development. [See Discussion @ Section 4.5.4] 3.3 Recreation 3.3.1 Current Recreational Component For the most part, Clam Bay remains inaccessible to the general public. Because significant portions of the bay are and remain densely populated with mangrove vegetation, it (th~ bay) is physically difficult to traverse on foot. The three boardwalks which do cross the bay provide access to the beach and, as a general proposition, provide the level of access to the mangroves that the public demands; a visual, non- consumptive utilization. OR042EiBO; l/FPl 36 Limits on the amount of beach access is also controlled by limiting utilization of the boardwalks to differing segments of the public. Membership or resident status within Pelican Bay is required to use both the northern and middle boardwalk. thereby providing a predictable amount of use that to date has not proved problematic. The south em boardwalk is accessible by the public at large and while it generates measurable amounts of increased traffic, the established train and foot traffic has not adversely affected either the estuary or the beach. Canoeing of the waterways within Clam Bay remains a popular activity for those seeking a more intimate look at the estuary, and its wildlife or those seeking solitude in the upper reaches of the bay. Fishing is also a frequent undertaking from either the boardwalks or canoes. Swimming is confined to the beach area, although there is a reasonable amount of wading in Clam Pass and back into the estuary as much as 1,000 or so feet from the mouth ofthe Pass. The use of motorized watercraft is not prohibited, and evidence of periodic use of such is evident from observation. For the most part, the accumulation of sediments and the shoaling that has taken place has resulted in physically limiting the accessibility of Clam Bay to deeper draft boats and particularly those equipped with engines. Most, if not all, of the motorized boat traffic is believed to originate in the Seagate residential area and be confined to the area from Outer Clam Bay to Clam Pass. 3.3.2. Proposed Recreational Component The Management Plan would not anticipate any changes in the recreational use characteristics of Clam Bay. The contemplated widening and deepening of Clam Pass and the interior _channels leading into Outer Clam Bay will not measurably improve navigability. Earlier assumptions to the contrary have proved to be inappropriate as the channel area itself remains very confined. Further, since no dredging of Outer Clam Bay is proposed, accessability across the same will not be noticeably improved. .- OR0426S0; l/E'Pl 37 Presently, Collier County has enacted Ordinance 96-16 which Ordinance provides for the utilization of the Clam Bay area by motorized watercraft provided that they operate with no wake and at idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FDEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats within the Clam Bay system shall be considered for imposition to insure that the ecological integrity of the Clam Bay system Is preserved. To the extent that additional constraints on the use of the Clam bay system are at any time in the future determined to be necessary to preserve the ecological integrity of the Clam Bay system, such constraints will be imposed only so long as is necessary to ensure that the damaged resources within the Clam Bay system have recovered and/or the water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons (PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total fecal and coliform bacteria. Appropriate notification, signage and policing will be provided by the County or PBSD to ensure compliance. The signage will be strategically plaCed both at the entrance to Clam Pass and in the areas around the boat ramp located at the southem end of Outer Clam Bay. These are intended to insure that persons accessing the Clam Bay system are informed of its unique ecologicai characteristics, the limitations of access resulting from variations in water depth, the existence of no wakelidle speed requirements for motorized boat operation and importantly, the necessity of staying out of areas identified as having maturing seagrass beds and potential manatee habitat. Precise locations and language to be included in the signage will be determined in cooperation with the agencies post permit issuance. Finally, the main channel will be marked in accordance OR04268C;1/FPl 38 with the requirements imposed by the United States Coast Guard to insure that those who use the system clearly know where the channel is and the prohibitions against operating their water craft outside the same. Additionally, the enlargement of the tidal exchange mechanism creates potentially hazardous conditions at the mouth of Clam Pass. Historically, this area has noticeable tidal movement, but is gentle enough to allow free swimming and wading. The adjustments contemplated here are likely to result in tidal movement that can be hazardous except to the strongest of swimmers. Channel depths will prohibit most wading, particularly during a high tide. Appropriate warning signs and monitoring of human use in the Clam Pass area will be required post implementation of the Management Plan to insure the safety of beach users. OR042'80; l/FPl 39 May 5, 1997 Commissioner Tim Hancock Board of Collier County Commissioners 330 I Tami2rni Trail East Naples, FI. 3,"U2 Dear Commissioner Hancock, J"'~ritiI1g~()yollontl1e behalf of the residents of the Se"gate Community that live on theC~amBay __ Estuary system - __ As.youknow;.j have attended most ofthc meetings regarding the environmental problems ofC1am Bay, Our entire community is directly affected by the problems that have been recurring. At all of the meetings, I have said that our community wants to help in anyway to improve the water quality as well as to keep the Pass open This community has offered to be on a taxing district if that would aid the county in restoring flushing action to the system, .o.'Jr.';ommunit)'for tVlo years have beeo members ofThei\1angrove Action (Jroup and __~t~~n9~(~p of t..hose meetings -- -- -- As ti,e transcnpts to those hearings are on file, you might recall that I as welJ as other Seagate residents have beell very concerned that our propeny rights to use our boats be upheld, a year ago a no wake sign was put in Outer Clam Bay, we were told that this was to protect the Sea grass beds. On t\.'v'O occasions since the county made the Bay a Natural Protection Zone, people fTom OUf area put up pve pipes as channel markers and the county staff removed them_ We feel to protect the Sea grass beds a channel should be marked and maintained, that has not been done. Last week I received a copy of the Clam Bay Restoration and Maoagement Plan, 01ll'.ag,,_35 an.sU~Qftl1e___ . jllan,.th" "ons\1ltarj(s recomlll".ndLmiting moto.0zed YelJides in t~.crJtire system.. TljeY3_ugge,stjtiJeJiI1tited__ --- to canoe Y.}~wi_~h_possibly ~iit:t~!YJ!9~~F~_~L~ro_Q~!~.gJ~l~~on: As the average age of Seagate residents is over ..35 years of age thisls-nc;t acceptable to us, a trolling motor is not strong enough to battle an incoming tide, and with storms COIning up suddenly, there would be no way a person in a canoe could reach safety. Also we have families with children that would not be able tQ boat with their children. Tltis neighborhood was devel,opcd in 1956, and the development has always been marketed as a boating community, OUf boats are small with low horse powered motors, the area is used for fishing and nature viewing, with a canoe we would not be able to access the Gulf, these are very important property rights that are financial as weU as emotional, 1 am aware that you represent Pelican Bay, but think if you were a resident of Seagate how you would feel about this serious governmental regulation, The problems that are occurring in PeLcan Bay are due to over development, too much water run-off, and an untimely rainy season. The problems have nothing to do with OUf boat use, the Seagrass beds will be protected when channels are identified and marked, a no wake zone throughout the system is certainly enough regulation. Please notifY me directly about a public hearing on this issue. Most sincerely, Manha Dykman President, Seagate Property Owners 5040 SeashelJ Ave. Naples, fl. 34103, 941-263.1907 . . Enclosure cc: Ted Brown,Akennan Senterntt Jim Ward, PeL can Bay Services Division Susan Hebel Watts, WCI Communities Commissioner Pamela Mackie, Collier County ~. ., .. 11< Dr. Rithilrd Wooctrl.!r" I'Iaples, City Manager " }.~:~.,:~~G;i~K'i!jf;~+ .~ _r., "'\{l.'.....'l. ~ FLoR~::.', ".',' ;c;--'__~...-----'-..,:.-J,_~.:..--.;., =" - Department of Environmental Protection Lawton Chiles Governor Twin T o';"ers Office Building 2600 Blair Scone Road Tallahassee, Florida 32399-2400 Virginia B. 1Ne:herel1 SecretJ.ry 1v1ay 16, 1997 , Collier County~ Pelican Bay Services Division Ted R. Brown, Esquire Akerman, Senterfitt, & Edison, PA. 255 South Orange Avenue Orlando, Florida 32801 Request For Additional Information (RAI) File No. 113049919, Collier County Clam Bay Restoration Dear Mr. Brown: This is to acknowledge receipt of your application on Apri121, 1997 for a Joint Coastal Permit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes, and an authorization to use state-owned submerged lands, pursuant to Chapters 253 and 258, Florida Statutes, to conduct activities to restore the Clam Bay system. In order to review your application, we need the items listed below in this RAI by July 16, 1997. If necessary, you may request an extension up to' 90 additional days. If neither the information nor a request for an extension is received by July 16, 1997, your application may be denied without prejudice. If you revise your project after submitting the initial joint application, please Contact us as soon as possible, Your project will also require authorization to use sovereign submerged lands, pursuant to Chapter 253.77, Florida Statutes. The Department's Title and Land Records Section is reviewing your application to determine the appropriate type of authorization needed and proprietary procedures to follow. The information requested below is numbered to correspond with the application: 14. We acknowledge that this information will be provided at a future date. 15. The report indicates that in addition to the average 53" of freshwater per year into the system via rainfall, approximately 26" - 28" of rainfall equivalent is released into the system from irrigation practices. Furthermore, this water is nutrient rich re-use water, and causing continued stress to the system. Pre-development conditions were such that less than 10" of the 53" average rainfall were lost from the uplands via surface runoff. Due to filtering by "Pro tea. Conserve and Manage Florida's Environmem and Natural Resources" Printed on recycled paper. benefit to the system. Additionally, improvements to the Clam Bay ecosystem will be achieved by reducing and/or modifying the amount of irrigation water used by the Pelican Bay community. While the pass has closed on a variety of occasions, the system, while stressed, retained its basic health throughout all of those closures until the most recent rain events. This suggests that with significantly improved tidal flushing, the system does have the capacity to take on larger amounts of water than rainfall alone would normally contribute and to do so on a regular basis as contemplated by the stormwater management system. Improved management of the system will allow for the development of operational directives that balance these two objectives and allow for the adjustment of irrigation disposal when the level of inundation within the soil column reaches predetermined levels of saturation. This initiative should also include a review of the management practices for the administration and discharge of the first-flush stormwater runoff and the adoption of Best Management Practices to insure that such stormwater runoff will have minimal adverse impacts on the water quality of the riparian habitat adjacent to the Pelican Bay development. [See Discussion @ Section 4.5.4] 3.3 Recreation 3.3.1 Current Recreational Component. For the most part, Clam Bay remains inaccessible to the general public. Because significant portions of the bay are and remain densely populated with mangrove vegetation. it (th~ bay) is physically difficult to traverse on foot. The three boardwalks which do cross the bay provide access to the beach and, as a general proposition, provide the level of access to the mangroves that the public demands; a visual, non- consumptive utilization. OR042UO; l!FPl 36 Limits on the amount of beach access is also controlled by limiting utilization of the boardwalks to differing segments of the public. Membership or resident status within Pelican Bay is required to use both the northem and middle boardwalk, thereby providing a predictable amount of use that to date has not proved problematic. The southem boardwalk is accessible by the public at large and whiie it generates measurable amounts of increased traffic, the established train and foot traffic has not adversely affected either the estuary or the beach. Canoeing of the waterways within Clam Bay remains a popular activity for those seeking a more intimate look at the estuary, and its wildlife or those seeking solitude in the upper reaches of the bay. Fishing is also a frequent undertaking from either the boardwalks or canoes. Swimming is confined to the beach area, although there is a reasonable amount of wading in Clam Pass and back into the estuary as much as 1,000 or so feet from the mouth of the Pass. The use of motorized watercraft is not prohibited, and evidence of periodic use of such is evident from observation. For the most part, the accumulation of sediments and the shoaling that has taken place has resulted in physically limiting the accessibility of Clam Bay to deeper draft boats and particularly those equipped with engines. Most, if not all, of the motorized boat traffic is believed to originate in the Seagate residential area and be confined to the area from Outer Clam Bay to Clam Pass. 3.3.2. Proposed Recreational Component The Management Plan would not anticipate any changes in the recreational use cheracteristics of Clam Bay. The contemplated widening and deepening of Clam Pass and the interior _channels leading into Outer Clam Bay will not.measurably improve navigability. Earlier assumptions to the contrary have proved to be inappropriate as the channel area itself remains very confined. Further, since no dredging of Outer Clam Bay is proposed, accessabillty across the same will not be noticeably improved. OR042,aO;1!FPJ, 37 Presently, Collier County has enacted Ordinance 96-16 which Ordinance provides for the utilization of the Clam Bay area by motorized watercraft provided that they operate with no wake and at idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FOEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats within the Clam Bay system shall be considered for imposition to insure that the ecological integrity of the Clam Bay system Is preserved. To the extent that additional constraints on the use of the Clam bay system are at any time in the future determined to be necessary to preserve the ecological integrity of the Clam Bay system, such constraints will be imposed only so long as is necessary to ensure that the damaged resources within the Clam Bay system have recovered and/or the water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons (PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total fecal and coliform bacteria. Appropriate notification, signage and policing will be provided by the County or PBSO to ensure compliance. The signage will be strategically placed both at the entrance to Clam Pass and in the areas around the boat ramp located at the southern end of Outer Clam Bay. These are intended to insure that persons accessing the Clam Bay system are informed of its unique ecological characteristics, the limitations of access resulting from variations in water depth, the existence of no wake/idle speed requirements for motorized boat operation and importantly, the necessity of staying out of areas identified as having maturing seagrass beds and potential manatee habitat. Precise locations and language to be included in the signage will be determined in cooperation with the agencies post permit issuance. Finally, the main channel will be marked in accordance OR042680;1/PPl 38 May 5, 1997 Commissioner Tim Hancock Board of Collier County Commissioners 3301 Tamiami Trail East Naples. FL 3,"1.2 Dear Conunissioner Hancock, J"""~tingto_loLl()n-0e behalfof the residents oftheSeag_ate _ComrrlUnity that live on the Clam Bay _.~stuar~ system"__ - . As-you lUiow, -1 have attended most of the meetings regarding the environmental problems of Clam Bay, our entire community is directly affected by the problems that have been recurring. At aU of the meetings, I have said that our community wants to help in anyway to improve the water quality as well as to keep the Pass open. This community has offered to be on a taxing district if that would aid the county in restoring flushing action to the system,.o~L~9_~~uni_ty_(?r~o__1'~~r:>_?~Ye ?_~~E__~_~_~~e~~_9fIh~_M'mgrgy.~_Acti2~_9rolJ.p and __;tttended all of those meetings -- - A;(he t-;;;;;';criIJts to those hearings are on file, you might recall that J as well as other Seagate residents have been very concerned that OUf property rights to use our boats be upheld, a year ago a no wake sign was put in Outer Clam Bay, we were told that this was to protect the Sea grass beds. On two occasions since the county made the Bay a Natural Protection Zone, people from OUf area put up pve pipes as channel markers and the county staff removed them. \Ve feel to protect the Sea b:rrass beds a channel should be marked and maintained, that has not been done. Last week I received a copy of the Clam Bay Restoration and Management Plan, on~ 35 an_d 36 of the plan,~he consu1tan~ecommend limiting moto~,,-d_ ",,~i~les in th~_"-ntire sJ'Jter;;:-.TheUYEBest it be _liJl1ited '-To-cano-e_~~_~W!!h P?sSlbly ~a:!:t~iY~~Q~~!"~~Ltf~lJ4tg~Q_t91:t As the average age ofS'eagate residents is over .- 55 years of age this is not acceptable to us, a trolling motor is not strong enough to battle an incoming tide, and with stonns coming up suddenly, there would be no way a person in a canoe could reach safety. Also we have families with children that would not be able to boat with their children_ This neighborhood was devel,oped in 1956, and the development has always been marketed as a boating community, OUf boats are small with low horse powered motors, the area is used for fishing and nature viewing, with a canoe we would not be able to access the Gulf, these are very important property rights that are financial as well as emotional, 1 am aware tbat you represent Pelican Bay, but think if you were a resident of Seagate how you would feel about this serious governmental regulation. The problems that are occurring in Pelican Bay are due to over development, too much water run-off, and an untimely rainy season The problems have nothing to do with our hoat use, the Seagrass beds will be protected when channels are identified and marked, a no wake zone throughout the system is certainly enough regulation Please notify me directly ahout a public hearing on this issue. Most sincerely, Martha Dykman President, Seagate Property Owners 5040 Seashell Ave. Naples, fl. 34103, 941-263-1907 , . Enclosure cc: Ted Brown,Akennan Senterfitt Jim Ward, Pelican Bay Services Division Susan Hebel Watts, WCI Communities Commissioner Pamela Mackie, Collier County ! Dr RJtharcl WoodlliM I'IAples, City Manager " ~.,,_., 'fJ':':"p _.'.\ l:!JI?IIL.;N;'~'t,-F.;~_" . /o:~..;'~{t-I'.<"}'\l';. ' ~->J/:G:':~~:-" '."-\ -~: G j[08[t?A '~;,__;i. . Department of Environmental Protection Lawton Chiles Governor Twin T o.Jvers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 Virginia 8. Wecherell Secretary 1vlay 16, 1997 . Collier County~ Pelican Bay Services Division Ted R. Brown, Esquire Akerman, Senterfitt, & Edison, P.A. 255 South Orange Avenue Orlando, Florida 32801 Request For Additional Information (RAI) File No. 113049919, Collier County Clam Bay Restoration Dear Mr. Brown: This is to acknowledge receipt of your application on April 21, 1997 for a Joint Coastal Permit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes, and an authorization to use state-owned submerged lands, pursuant to Chapters 253 and 258, Florida Statutes, to conduct activities to restore the Clam Bay system. In order to review your application, we need the items listed below in this RAI by July 16, 1997. If necessary, you may request an extension up to.90 additional days. If neither the information nor a request for an extension is received by July 16, 1997, your application may be denied without prejudice. If you revise your project after submitting the initial joint application, please contact us as soon as possible. Your project will also require authorization to use sovereign submerged lands, pursuant to Chapter 253.77, Florida Statutes. The Department's Title and Land Records Section is reviewing your application to determine the appropriate type of authorization needed and proprietary procedures to follow. The information requested below is numbered to correspond with the application: 14. We acknowledge that this information will be provided at a future date. 15. The report indicates that in addition to the average 53" of freshwater per year into the system via rainfall, approximately 26" - 28" of rainfall equivalent is released into the system from irrigation practices. Furthermore, this water is nutrient rich re-use water, and causing continued stress to the system. Pre.development conditions were such that less than 10" of the 53" average rainfall were lost from the uplands via surface runoff. Due to filtering by "Prorect. Conserve and Manage Florida's Environment and Natural Resources" Primed on recycled paper. R.u File No. 113049919 Page 2 native vegetation, this water was likely to be very low in nutrient concentrations: The to~._ priorityJor~stori~th~~ea1th oE!heestuary .sh~llI~.t.h~reforeb~ tQ_IllilliInize ._.----s!or!Dwat,,~inputs into the sysieIn' As noted, the Natural Resources Conservation --..--.-.---------- Service (NRCS), IFAS, and the Collier Co,.Ex~ension Service can assist in the development ~. ---,----," ~------_._._.- --- - - - - .0- , of a r"vised landscape management plan to reduce freshwater runoff laden with nutrients ~ -- '- -- -.--..... -,-_..--~---_.._---_._-----_.._--_. ------------._--- -------- _..il!lAJ2~sticide.s. . Much Improvement can be done in this area, as it was noted during some field observations of the area that the sprinklers where watering the golf courses and landscaped plants while it was pouring dov.TI rain! . Th.e.aPJllic3:J1t should w()rk'.viththe -- - '- --- '- _stat.ed entlties_al1d_withthe_other landscape_m<li1agers within Pelic:anJ3ayto createaphased plan to minimiz<:'\lsf'!lfirrigation waters ancl..<:.h~mi_caLs'311d_l11a'{imize the use of native ~~;.[eIis:C:a-pe species: Manual o-"eDde~o( illy tirneJ"_systernsnmst be installed to allow the system to be shut off during rain storms or when the soil is sufficiently moist enough to sustain vegetative health. I.ID~jJlan_sho_ul.cL9.e.,-QIne_~R-artgfthepermit. Ansx-,lmph~ of a siIYliLar.d.ev"loI'llleI)tViher~ this.has b<O<OD accoll1plished is "Colliers Reserve". It is an - . -- - upscaJe_gQlfc;Qur~ePUD in theyicinity ",hich utilizes xeriscapepractices to a large extent. It is recommended that the applicant, the Department, NRCS, IFAS, and the Extension Service work in conjunction to come up with such a plan, using Colliers Reserve as an example of what can be accomplished. One~tu~ling ~l()ck t()t.his1l1'l'Eo<lC:l1istheideathat ~tl1e.J:::gunty ll1ust get rid of its<;",--cess treated waste water at Pelican Bay. Ho\vever, there are _.- . - --------------------- ,c~Jlortunities for the County_t~r_er:o~ water to more appropriate sites whe~e.it will not . damage estuilIine resources. The Department and the applicant should work with the County to come up with some of these alternatives, if this proves to be problematic. Anoth.er issue raised QLthe applicant is the lack of control over landscape practices on the e;rtiIe uI2land parcel in~ded in Pelican Bay. However, it is in the best inte!estg.f ale ---_.--- -- .........- ..---.--..-----....-.---.------ Pelican Bay entities to revise 1:l1eir irrigati~n and landscaping practices to ensure the ------ - -- ---------- --------..--.-.-....- ,----------,. - --'----"- .- ~llS-t<J.inable health 0~1l1.'O Cl3.II!.j3--ID'---C~ary, Th$l'r.c>JJ()~edJlr(}iect_should1Je revised to _0clude a commitment to implement ~X.y-"l?:=-wide revisi()n()f1al1~sc:apiI1g.prac:tices. Simple methods to alleviate runoff can be put into effect within a few months if the c~ilununity isWiITmgt()corr;;;.;itto-ajJro~.;;-s~~-~ilie Uruversit)- of Florida's Florida Yarc1s..:&Neighborhoods program and a regimellteaTawnwateringprograrn... . .----------- ~ ---- ----~ 16. We acknowledge that this information will be provided at a future date. 17. We acknowledge that this information will be provided at a future date, 18. We received your partial application fee payment of $6,700. The correct fee for this application is $10,200. Please submit the remaining $3,500 in the form of a certified check or money order made payable to the Department of Environmental Protection- Bureau of ReV File No. 113049919 Page 3 Beaches and Coastal Systems. Please reference "Fee for JCP application no. 113049919" on the check. 21. We acknowledge that this information will be provided at a future date. . , 24c. & 25. The "berms" (lA' - 1.8', NGVD) that are discussed in the application are build-ups of peat and sediments. The upper reaches of the system continue to be impounded from rainfall, excess storm water, and storms. The system needs to be drained enough for the water levels to get below the elevations of the berms. The berms along the bays should be breached in several locations to allow drainage of impounded waters and improve sheet flow. Locations of proposed breaches should be included in the application. There are constrictions in the smaller tributaries north of the North Boardwalk , however, there are no cuts proposed for this area; please explain why there are no activities proposed to open these constrictions. Cuts #1, #2, and #3 are proposed to be -3', NGVD. Cut #1 is located between Upper and Inner Clam Bays. Typical depths in Upper Clam Bay and Inner Clam ,.. _.,- - ~ay are -2' to -2.~~(\JgYD aJ14-::LLto_~L9~N:QYJ). The e;{istir1iLc()nllectin~ __ tributary.-R~~osed t~Q~dredged for Cut #1 ranges in deEthfr:()~-=L4'J() -2.0',_ .-~WiYJ:LJhe 4epth of Cut fuiI(juld be}imited to no deeper than -2', NGVQ._Cut }12 is located south ofInner Clam !?ay ,-IY~ depths of the tributary co~ectin~ ___Inner Clam Bay to the pass range from -1.5' to -3.5', NUVD. The existing section ~f tributary proposed to be dredged for Cut #2 ranges in depths from -I. 0' to -I. 8'L YGVD. Tl1e depth of Cut #2 should be limited to no deeper than -2', NGVD. ,c:llt _jF3 is located within the tributary approximately halfway between Clam Pass and _ Inner Clam Bay. Tvoical depths range from -1.8' to -3.5', N.GVD Inthe tributarY-- __~outh oflnner Clam Bay, with the area within Cut #3 representing a small high _ spot with depths of -1.5' to -1.6', NGVD. "Th.e depth of Cut #3 should be limited to no deeper than -2.5', NGVD. Cut #4A is proposed to be -3', NGVD with a bottoI1l_ 81 width of 40' and a top width of approximately 30' to 50'. Cut #4A is a north~south aligned cut through the existing tributary from the north end of the inlet bay smith- to the north end of Outer Clam 13av. Typical depthSln-this vicinityrangeJEom -03'- to -1.6'. Outer Clam Bay has depthsr'anging from -1.5' to -2.1', NgYD,--Jh<:: gepth_ of Cut #4A should be limited to no deeper than -2.0', NGVD. Cuts #4B<UI<iuil1<::__ _ lead from Clam Pass to the north end of Cut #4A.~2epths range from -1.2' to -2.5'. _ NGVD. :r~~depth of Cuts #4B and C should be limited to no deeper than -2,O~ NGVD. - - --- ~~ RAl File No. 113049919 Page 4 Please describe and indicate where the stormwater containment! treatment areas are for the new condos being constructed on the western perimeter of Upper Clam Bay as shown on Sheet 25 of 35 of the drawings. Field observations in this area indicate direct runoff from the construction sites into the areas of dead manaroves . ~ across the street. The sections shown on Sheets 31-34 of the drawings do not appear to correspond to any of the other drawings (for example, Section Z-Z could not be found on the other drawings). Please delete the reference of these sections, if they are irrelevant, or explain which plan-view drawing they reference. 26. We acknowledge that this information will be provided at a future date. 28a. 28b. 30. .Z~ \} .~ 31. \ 33a. We acknowledge that this information will be provided at a future date. We acknowledge that this information will be provided at a future date. We acknowledge that this information will be provided at a future date. Please be advised that the Bureau of Protected Species Management is reviewing your proposal and that questions from this bureau regarding potential impacts to threatened and endangered species may be forthcoming. We acknowledge that this information will be provided at a future date. Has the effect of the proposed improved culverts under Seagate been factored into the hydrodynamics of the system? The effect of the improved culverts may allow for minimization of some of the proposed extent of dredging. What specific data and methodology does the proposal base its conclusions? Please provide copies of the studies and reports referenced on pages 21, 22, 28, and 49 of your proposal binder. Specifically needed are copies of the hydrographic assessment2fgl~ _ Clam Bay system (T~ckney & Associates, Inc. 1996, Lewis 1996, and Collier County Report 1996). Include the other referenced studies by Turrell 1995, Snedaker 1996, Johnson 1996, McKee 1996, and Wilson, Miller et. al. 1996. Any other pertinent studies by Collier County should be included as well. Also, provide a copy of the studv that ~__ demonstrated the observed tidal flows (20-25%) supplie_d by the seagate culvert.s~ Out~L Clam Bay, and the study that confirms the conclusion on page 41 of the proposal that "...the ~. '------._----- ~erts contribution to flushing exchange for either Clam Bay or Venetian_13ay is negligible. This result occurs because the flood volume is generally equal to the ebb volume and flow through the culverts simply oscillates back ~d-Torthbetween the two ------------------------~------- --- - - - RAl File No. 113049919 Page 5 bays." Will the current tidal flow of 20-25% supplied by the culverts increase by installing the_QI1~,--w_aYJlow culverts? If so, w~at is th~_e~tiJ11ated increase in this percentage? ~ - ., - - m____ __ ,_ ------_._---... _no. - Provide a 'Copy of the tide recor(~_~[smentioned oEJlage 48~~49 _~_t11~roE()sal ~ln~~._ __l'lease provide details of the hydrographic computationfor sho',Vjng the Clam Baysystem .r _________~____~__-_m__--..-- ""~_"_"_ n... "'m _....... ________ .0. ---,'____ _________n___.on________ ...._.__ hydraulic characters, such as discharge: fl a v.! veCocity, and flushing ability. 33b. This information cannot be waived and will be needed. Please be advised that the dredged beach-quality material, or an equivalent volume of beach-quality material, must be placed on the adjacent downdrift beaches, pursuant to Ch. 161.142(1), Florida Statutes. The proposal on page 85 of the binder to place this material in Shoal I contradicts the statutory requirement and should be dropped. 33d. It iUJreferable that spoil from Cuts 1,2 and 3 be hauled to a suitable upland disposal site, ___' __ ---.,____.,__,.._..._____ _.___....____.___.._n_.....__.___.........m.__.__.. ____0', .0. _'_ rather than sprayed over adjacent wetlands. However, it is recogmzed that impacts will be '*_________._______...._..___. ,.____.___..___.... _m ..__' ___ ____ __}Ilipimized by llsiggil_sl11allsyste[rlsl1~l1..as a.. mud cat, or a diver operated system. Ifin situ ___h____ ... __ __... - ... ___ n_n __ _spoiling iSl1e_c~sary, depthS9L~<,:)l()~ition sholll~ lJe furtl1_erlIliniIllized. A depth of deposition 0%3" In the mangrove systeITlisexEectedto cause advers-elmpacts to the -:=}y~t(aIlcls-:-Ple~e -pr~;@~-;;opl~~.~f:the.stlJd;e.s ill1d_s:~rlt;fic. ~eports used to- support the JlI:OPQ~aJJor spraying thec)i:cil\,ated sediments into the adjacent mangroves. These studies _______.__ _.___ " . ...__.__........._.__n____.. ______ "___'____....._ _n.. .. ._ should consider sediment characteristics, such as grain-slze'-a.n9c_a4eguately prove that ....sIJraying of sediments over adjacent ve.g~tilt<:dwetlands hav~ no adverse a"ifects.ontlle wetlands. ---. -. -- -- ----- -- . ~-------- - In-water spoiling and the creation of upland islands from Cut 4 in an estuary are not activities which the Department generally authorizes. The shallow tidal flats are an integral part of the system providing foraging habitat for wading bir~s.. an9~.the~-'sp_e(;ie~,'rhe. --- proposed spoil islands are not congruous with the ClamBay estuary sy~tem and the . conversiorl of wetlands to upland spoilli1il!lilsisJ1<l!.. ~onsisteni With the in!eIlts9fJ'lorida law to protect wetlands and manage actiYi1j~o thereVlilflie_IlQ.nitlcJss..ofwetlands. It is recommended that the spoil material be removed to suitable off-site locations. - The volume of water flowing into Outer Clam Bay from Venetian Bay via the seagate culverts is ex ected to substantially increase with the installationofthe Ilroposedone-::way _~. Provide water quality data for the water within VenetiallBayan~ass-ess-how the expected increase in volume flow of this water willa..ffe.c! t:h.e_~a~ril:sse~W1thin Outer -c Clam Bay. - - --. -----.---------,,~==~--.--- What percentage of the tallest dead trees will be left standing to serve as perches/ nesting sites for birds as indicated .on page 87 of the proposal binder, and what scientific evidence is this optimal percentage based on? RAI File No. 1I3049919 Page 6 We appreciate 'your cooperation. rfyou have any questions, please contact me at (904) 487- 4471, ext. 121. Sincerely, ~d Richard A. Bra , M.P.H. Environmental Specialist Bureau of Beaches and Coastal Systems cc: Ilene Barnett, DEP- South District Office Mac Hatcher, Collier County Government Collier COtlllty- Pelican Bay Services Division Ann Lazaar, DEP- South Florida Project Manager David Guggenheim, The Conservancy ofSW Florida Permit Information Center SEAGATE BEACH CLUB, INC. SEA.GATE PROPERTY OWNERS ASSOC., INC. POST OFFICE BOX 630044 NAPLES, FLORIDA 34108-0044 June5,1997 Naples City Council Mayor Bill Barnett 735 Eighth St. S Naples, H 34102 Dear Council Persons and Major Barnett, On June 2, at a city workshop, Mr. Ted Brown, a consultant hired by WCI and the Pelican Bay Service District, explained to the council, the management plan for the restoration efforts in the Clam Bay system. This plan has been filed and ,presently, is in the pennitting stages with the Department of Environmental Protection as well as with the Corp Of Engineers This is the time for the public comment portion of the plan. ~I_iiQ1writingto_YonoI1 the behalf of my community, Seagate Property Owners that we ,__t~J!@rse the plan with the_exception o.f banningmotorized vehicles to a canoe only area. coun~iTwoman -Mackenzie was astute in her comments and questions as to the major impact that this provision would have on the Seagate community, this impact would seriously affect our property values andjust as important, our reason for living in this community. The Seagate subdivision was developed in 1956 as a boating community~~J:llIV~_ sea. wall~_a_nd docks, and small watercraft that work in shallow drafts using low powered .n~I11.oto!ith~cr:afi~r~betweeI1J2aJ!d18 feet, in no way have the use of these boats caused the mangrove die off, a few scars on the seagrass beds have been contributed to boating, however canoes are just as likely to cause scarring, this is not an adequate reason to ban boats. We are~~or the councils help, by allowing Dr. John Staiger to work with. our. !'--------. - ..... -' cOll1rnuni~Qd_Q.EP.Ll<JjJlan channels and signjl~!!!.arl(e_r~toYE~','eIltfiJtureproblems in _the Se:>grass.Q~ At this time, we have been able to use the entire inland-waterway and due to the sjze<lI!~e_oftl1~_\\Iaterc@ft.LIIlany ~s the...Gulfis un~afe> also fishing is ~ prime for the sportsman in the backwaters. We~antto continue to be able to use our public waterway. People in Pelican Bay have said, that maybe we could compromise and use our boats only south of Clam Pass, we believe Pelic~ Bay is trying to privatize the --- .' .--"-- --- - --_. ... ......n__ waterway asJheyjlave their beaches, boardwalkS-and berm path. For 40 years we have ---------~. --.._- ---.-- - -........._- _~~en abJeto travel the entire waterway, the death of mangroves shOuld not change this. -.In _sulIlll1ary-'Ne are asking the cijy councilto;_l. Not allow our boating rights to be _~IllI'~Oltlis~d, 2.!et Dr. Staiger \Vork ori~this-plariwithYjEP-iO heIPprotectthe system ~h mark,ers an.<isigJ1~e,arid3.frotio IeTEeIiE~ Baycr~lmi1i~t The mran(f waterway is private property to the north ofthePass.---- Your interest on our behalfwas-reassu~ing that government works for it's citizens instead of against their rights, thank you from all of us that own property in Seagate. Most sincerely, /l1~ /~ Martha Dykman, President of Seagate Property Owners June 24, 1997 Mr. Allison C. Clough, III, US Army COE, Wcst Permit Branch 2310 McGregor Blvd. Suite 300 Ft. Myers, FL 3390 I Dear Mr. Clough, It is our understanding that you are the government official that will determine permitting for the Clam Bay Restoration project I am writing to you, on behalf of the Seagate property owners .Seagate is a single family neighborhood with 81 waterfront lots, located on the south end of the Clam Bay area and directly on Outer Clam Bay. First let me say that we have been very concerned watching the degradation of the system over the last 15 years, this single family neighborhood was developed in 1956 and many residents are still living here forty years later. _ W~.aJesupportive ofthelol1gt~rrnplans and we do support most of~e!lar:ameters in the permit. Th~dreag;ngofthe Pass andlnlerior channels that have continually silted closed -------.....-.-.-~ -, - --'-',,"- - .--.......__..__..,_~=--c-.....,.- can only help in flushing of the system Last year, in a seasonwiTli nOma)()[ storms, three consecutive days of rain, put water up over our sea walls, and we were very fearful of some of the older homes being flooded. The flap gates on the culverts seems to make sense and we should give it a try and monitor the results carefully. As far as !he spoil islands, there is plenty of space in Outler<:;!lll]]J~i!Yfor deposits and it - - 'n, ____ _____ .l;Ql[ldlJ~plant~d with m_angr..Q",~~an upland system is not~ecessary, _ The one provision of the permit that Mr. Ted Brown submitted is to limit motorized craft - ---------. -- --~~~--~....._...._----_._-- ..-.----- in th<::.<::;Iam_Bay System, or to the South oiiIy, you may reference this on page 36 and 37. ----' - -- -,.- -.-- "-.- - ___u_ __ .-......-----.._.__n_...._._______... _, __~_______.,________________ ______ Relllernber, Mr. Br6\\'11-,ls_w~1l as Dr. Stallings have been hired by WCI and Pelican Bay "lo---~___ '________ _.m __ __ __ _n__..__________________. ..,_,_ ~___.___ _____ residentS,PeIlcan Bav residents in order to get 3- miles of privately accessed beach, in .... - .. their deveTopmelJi.RlaJ1'_ hadtoagree-no((o boa( sonowafter-40-years of oUr liVing on . this system and paying waterfront prices and waterfront taxes, these consultants offer our rights up in order to appease you. This is very wrong~mall craft have not. causec!.the . mangrove die off or the algae blooms, if thercis scarriuE oftlre~sea grass beds, this is due .. to-tire]act thatt!1e...QQunty-nas.rem.ov<:Cl tl:1~cha~eLmarkersthat use to be in place Also - .m:I~L1lli:.co.llnty agr:~ed1~~II1ar.klIJ~cs,~~~~~~_b,~~ ~nd ~~owed tliroll@_ Ho~eyer a no ~ake spe~d z()ne 'N....as a~opte~Il.<!..t.~i_s..s~~uld be_e~ough protection Our property rigbts are very important to this community, we have been forced to hire an attorney to protect those rights, in the many meetings that I attended, Mr. Bro~, iIl public, said he was not going to ask for limitation on motorized vehicles, h.Q'Never he adde.dthat after all the pubTIC meetmgs w~re()ver~ll1elioariIlriFelican Bay, WCI, Mr. Lorenz with the county, and even the Conservancy, do not feel this is a necessary part of the plan. When Mr. Brown brought his proposal in front of the Naples city council in May, the council members told Mr. Brown that if our rights were jeopardized they would be forced to sue. lvIr. Brown's reply is that motorized vehicles do not belong in a conservation area, well neither do 24 high-rise buildings yet, they are continuing to be built, our small boats have not caused the problems and the limitation of our rights is not part of the solution. Please Mr. Clough, keep focused on the big picture and important issues. We bought our property to enjoy this system and, we should not have to legally fight for rights that are already ours, p]eas~~rjl<e_t1J.~""ordin1S~hat~lim.inates motorized vehicles, ye~ help_ _pass the IIle<isllrestl1[jt will protect the s)'stem from further die-off I am including a list of property owners to be notified in the public hearing process. Most sincerely, Martha Dykman, Presidcnt, Seagate Property Owners ~".1'J"~ ..~. U''''!.i ~= Q:+i \'6 - )}J.@ ~~~. ~~r~ Na t:ura~ P..eso=ces l-f..al'..agement: 735 Eighth Street: South Nap~es, F~orida 34102 Te~. 941-434-4655, Suncom 974~4655 Fax 941-434-3059 " Mr. Rich Bray Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection Mail Stop 310 3900 Commonwealth Boulevard Tallahassee Florida 32399-3000 08 July 1997 Ref.: Clam Bay Restoration and Management Plan Dear Mr. Bray: The City of Naples is generally supportive of the above- referenced document. Messrs. Brown and Hillestad have kept us informed and sought our advice as preparation proceeded. They have also endeavorep to keep the Mayor and City Council Members and numerous interested citizen groups informed of their recommendations. The overall result has been positive. A,significant concern has recently surfaced, dealing with a --recommendation to restrict operation of motorized vessels through Outer Clam Bay, the lagoon that is situated south of the present location of Clam Pass. That recommendation is contained within ~dl;3.~~. 2., the "Proposed Recreational Component" section of the Management Options chapter. T_l1"e~_wordinCJ" is "lio!l1.Qt:~r_i~ed_c"rCin shoulQ.j:Jg allowed north of the south boardwalk, with the-possible ~x=ception =o-CJ;JiiHiii powered trolling 1l1.otors.. affixed to open . canoes or the like and "none should De allowed- to tra-verse in areas"mar"xea" as closed to the same." '. There are two issues of concer~ about that recommendation. The first is quite simple: adherence to that recommendation would deny historically-available access to the Gulf of Mexico for the residents of Seagate, a waterfront subdivision that is within the City of Naples.Seag~te"w_asdevelClPed in the 1950's, and it has T---------.--.. ,-' .......___n. ..._m., .____.'''_._n____,..,.___..__.__...._____.,__ .........__ _._, ';------..------ __.<l1!1ays h?-d_~c:~.l3s_ to the Gulf through Clam Pass, aTDei.tl1.m~ted ,...mr.~tur"a..1.--nuc_t~a(i9.1'1s ~t:tne-pass~ -Such- ~fci::ess-cOrifimiedto be guaranteed following development of Pelican Bay and construction of the southern boardwalk connecting the County parking lot and the Registry Resort with the beach at Clam Pass Park. When permitted by the Corps of Engineers, the boardwalk was required to have a manually-operated drawspan, so that Seagate residents could continue to navigate from their residential canals through Seagate Gulf Access Page 1 Outer Cl~~ Bay ane out Cl~~ Pass. The rights of such Floriea property owne=s to enjoy unimpeded access to navigable w2te~s is suppo~ted by a n~~er or legal precece~~s, s~~~2rizec i~ Fla., 407 So. 2nd 189. The second concern is that restricting vesse~ operations has nothing to do with the overriding issue the whole management plan is trying to address - the mangrove die-off ane means to prevent recurrence: ' The stated reason for restricting vessel activity is to preserve the seagrass beds that exist within the system of bays and connecting waterways. The health of the seagrasses is probably jeopardized more by improperly-managed runoff, creating nutrient-enhancee algae blooms and increased turbidity, than by local boaters. cSeagate residents are familiar with the shoals, bars, and grass < beds that lie between their canals and the Pass, pnd they . understand their ecological value. They also clearly understand that an unimproved inlet and its approaches will obviously not be navigable at all stages of the tide, and that there may be cays or weeks when it is not navigable at all. Jhat is the existing situation and they do not seek to change it. They have also expressed concern over limiting access to the. lagoons north of Clam Pass. Historically, tide~permitting, shoal-draft outboards have been able to run north into Inner and. Upper Clam Bays. .some - residents, particularly the avid fishermen and birders who do not want to take their small vessels into the Gulf, view the restrictions with dismay. Intuitively, I believe that most of the propeller-6carring of the Clam Bay seagrass beds was caused by mullet fishermen prior to the net ban. .Their technique involved high-speed roundup of the fish, !ollowed by a high - speed, circling net set, and they were not very concerned about where they set, as long as they caught roe mullet. To assist you with the terminology, I've appended a partial copy of an annotated realtor's map showing the locations of Seagate, Outer Clam Bay, the boardwalk, and Clam Pass. - During a City Council workshop, on 02 June 1997, Mr. Brown explained the rationale for the recommendation contained in 53.3.2. He also indicated that he was not opposed to an alternative that would afford vessel access from Seagate. To resolve this issue I suggest that the recommendation be changed to allow motorized~vessels to traverse the waters from Clam Pass to theSeagate Subdivision, but that they be restricted to a marked channel that is.positioned to avoid seagrass habitat. Existing County regulations limit vessels to "idle speed/no wake" throughout the Clam Bay System and forbid activities that would result in channel improvements. This suggestion would not Seagate Gulf Acce~~ Page 2 i~:r~h~~n!t:la~~~Mr~x:~*~~-e~~~i~~OC!C~~6p~~:~i~~~~:s~e ~~~~~. my office and the Collier County Natural Resources Department. If necessary, they could also mark a chann~l through Inner Clam Bay. If you would like any additional information, please call me at your convenlence. I have also sent this letter to Rich Bray, DEP, Tallahassee. Sincerely, ~ G/S-~ Jon C. Staiger, Ph.D. Natural Resources Manager Xc: Seagate Property Owners Association, Inc., c/o Maria J. Chiaro, Esq. Ted R. Brown, Esq., Akerman, Senterfitt, & Eidson, P.A. Dr. Richard L. Woodruff, City Manager William Lorenz, P.E., Director, Collier County Natural Resources Department Commander, Seventh U.S. Coast Guard District JCS\Wordata\Seagate Gulf acces~ i~~ue02.doc Seagate Gulf Access Page 3 J( "'-\ I'": ~ :y,PL^;",~ i~~';,:; ~\~ ~.~o --, '-1'1; ..... ", '-!l..~~ <6~ (~ N2tura~ Resources Management 735 Eighth Street South Nap~es, F~orid2 34102 Te~. 941-43.4-4655, Suncom 974~4655 Fax 941-434-3059 '. Mr. Rich Bray Bureau of Beaches and Coastal Systems Florida Department of Environment~l Protection Mail stop 310 3900 Commonwealth Boulevard Tallahassee Florida 32399-3000 08 July 1997 Ref.: Clam Bay Restoration and Management Plan Dear Mr. Bray: The City of Naples is generally supportive of the above- referenced document. Messrs. Brown and Hillestad have kept us informed and sought our advice as preparation proceeded. They have also endeavore~ to keep the Mayor and City Council Members and numerous interested citizen groups informed of their recommendations. The overall result has been positive. A ~,i,gnif:i~can~ concern has recently~suI::t:aced, dealing with a ~ . ~"________________. ___ .._____.___....__ ___ m _. _. .__.__._......_._...._.___.__.__ ___..____n ____...____ recommendation to restrIct operation of motorized vessels through =9~<=i~clgn{~~~~-thi=-l,agooi:l:=~naT:rssnuated south oLthELBr~~E:nt location ofJ:1-am Pass. .TlliitLe(;gmmendation is. contained within ~ ~3~-:2.-;-.the _"pr~PQ~ecL~ecreat:~~I1,a,T CornpjJnen e'=~Eicti()no C~lle ~ Manage~n~'pj:j:~n~.c:_hapter. ...TI:te wordinq~is"No motorized craft ~~should be allowed north o.L thJ=~south boardwalk, '!{i th the possTb-ie ~_____..__...____._.____. -. ',. _____ .......__________..__..__m_ - ____~___..__________ e~c:eption of battery powereg_~~ZolIing motors affixed to open ~.~ ~ ---' ---------.- .' - ---'--- -. ---.-..--- --- - . .. --"-. ... . _" ..n . .... ...__._._._._ -' .- . canoes~_Qr the _like~nd none should~be--allc5wea:~t6. traverse in -are~ marked.___:as~ _<;iQs~ecCtoEhe-same. ;;~-~-~ There are two issues of concerp about that recommendation. The first is quite simple: adherence to that recommendation would deny historically-available access to the Gulf of Mexico for the residents of Seagate, a waterfront subdivision that is within the City of Naples. ....e<=aqat:e:n'^'ao;ciE:.~E:l()E<=<i_~n t1l.~_}9_50' s, and it has .--9:J,yays j,'!ci....ac<:_es~ to the Gulf through Clam Pass, albe:LI.]:imi t:ed- ~ by natural fluctuatioris-of~tIle.-uPass.--Sucn-acC:ess continuedto~be '.guaranteed following development of Pelican Bay and construction of the southern boardwalk connecting the County parking lot and the Registry Resort with the beach at Clam Pass Park. When ~.Fer~j:ted by th.E=_<::OEP~o.LEngil1E:.ers,_th.e~_Q9a.r:d.wa],k. ....<J.<3__-reg1l:i..rE:...cl ~_f?~~_Cl_mal1uEllY-9pera ted -drawspan, so that Seaga te .. re-sidents . c~uld ~~nt:inue to navigate from their residential canalsllitough. Seagate Gulf Access Page 1 Outer Clam Bay and out Clam Pass. The rights of such Florida property owners to enjoy unimpeded access to navigable waters is supported by a number of legal precedents, summarized in Fla., 407 So. 2nd 189. The second concern is that restricting vessel operations has nothing to do with the overriding issue the whole management plan is trying to address - the mangrove die-off and means to prevent recurrence: ' The stated reason for restricting vessel activity is to preserve the seagrass beds that exist within the system of bays and connecting waterways. The health of the seagrasses is probably jeopardized more by improperly-managed runoff, creating nutrient-enhanced algae blooms and increased turbidity, than by local boaters. ~~~~a~e resident~ are familiar with the shoals, bars, and grass . beds that:..l. ie bet",,,,en their canals and the Pass, .and they . understand -their ecological value. They also clearly understand .. ih.<>ta,Il1.ln..impro"e;d=inlet and its approaches will obviously not be _navi9:~le atil.ll stages. of the_ t.ide, and that there may be days or~weekswneriTE-is not navigable at all. That is the existing _..,---- ------------..-....'... - -...-- . ......--. --......--.-...-.....--- . __ _. .. _00' _ __ n_ __ ___", _ situation and they do not seek to change it. Ih~Y have also eXRr~s_~~cLcS)flc:<=i-n over limitLn9"a.ccess. to the. lagoons north of Clam Pass. Historically, tide-permitting, shog.l__draft outboards !liv~=b~en- "ble to run north into -rnnerand. UP2~< clam.-. B..a-ys. -.some. __ -. .-"00 _"n_ _.__n..____.. __,. ... _ ',,_ n.._ ," ... o. ... o. __ _ '________,"___ ... ... '. ... ... resi~~~ts, Earticlllarlytheavici f.isllermen and birders who do not warlt:_t:g_ take -theIr small vessels into the Gulf, view the --- -- ... ... - .0- _n_. . . . ..... __... om ... __ ..._ _l;"<,:strictions with- dIsma'j.uu. InE.ui_t::Lyely, I believe that most of ,- _____.u.._______....._____.___ -__' -----n_____o. __."...... _ _ "'_ __.___ ___ ___________,._,_ ..__ _ _ ,_... ...._... ... _.._____0_____._ _~h~~opell~~=~~arr~gg _of the Clam Bay seagrass beGS was caused ._by~I.Ei-f::f i Sl1e~ell-Rfioi_E9ihi=n~t }:,an .):he1rf~chriiSl1f~~- . JnvoJ ved hl&q..=~peed rOlJ.llc:fllE_ClL1::l1e_!ish, fol],oweci by a high - ~~circlinq net S~L and th~L....~ere~_Il9Lvery c;on.c.8.Ened abotl.t where tl1.~_....s.e.t, as long as--Ehey caught roe mullet. --------- --.- _______.__. __ -----.-. ..-...... - _..n_._.____ ___'__..__ _...______ To assist you with the terminology, I've appended a partial copy of an annotated realtor's map showing the locations of Seagate, Outer Clam Bay, the boardwalk, and Clam Pass. __~~--'!~itv~J.IDcil worksh9'p_,-c)n~O~ June 1997, Mr. Brown -- explained thf' rationale~ the recommendatloIi'-contaTned-ln:- -~:3-: 2 ._~ a 1 sLindiGQ.!~hat he_wa:,,!_~o.t_opposedtc)-an-:-- alternative that would afford vessel accessrioII1Seaga-fe-.- To resolve thiSi-ssue I suggest that the_recommenaaETon -ne--changed ~ ----- ~-.--,--- -.-___L .n. . "_' ._. _ _. ______.____.._._ to allow motorizecLvessels to tra..yerse the -waters hom Clam Pass to the Seaqate SubdlyTsIon,ubut that theY Ee-re 5 trTCtea 1:0 a -marked channel...J:hat i~positlOnedtoavora--sea:gril.-ssnabi taL 2i;t;inq~ Coun tL~a!ions .Jim:i..t:__yess~!.st~~"gIIe- spe~cl7I1.o_ wake" - through~ft:n:~_c:la)tU:l.a.Y_~s_t:.em_~ndjorb.i,3act:i."i t:I.e~ wou~d result ~n channel improvements. This suggestion would not-- ~ L.... __________________________------- "'- Seagate Gulf Access Page 2 ....J::h.ere sot:hatbg"tE'rSW91,lld stay out of th,"-shallow grass be<:is.. The channel-marking exercise wouIdSe a cooperative one -Setween my office and the Collier County Natural Resources Department. If necessary, they could also mark a chann~l through Inner Clam Bay. .- If you would like your convenl~nce. DEP, Tallahassee. any additional information, please call me at I have also sent this letter to Rich Bray, Sincerely, C}- G~~~ Jon C. Staiger, Ph.D. Natural Resources Manager Xc: Seagate Property Owners Association, Inc., c/o Maria J. Chiaro, Esq. Ted R. Brown, Esq., Akerman, Senterfitt, & Eidson, P.A. Dr. Richard L. Woodruff, City Manager William Lorenz, P.E., Director, Collier County Natural Resources Department Commander, Seventh U.S. Coast Guard District JCS\Wordata\Seagate Gulf acce~s issue02.dac Seagate Gulf Access Page 3 Maria J. Chiaro Attorney at Law PO Box 1497 Naples fL 34106 Telephone (941) 261-8797 " July 21, 1997 Mr. Rich Bray Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection Mail Stop 310 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Re: Sea gate Property Owners - Clam Bay Restoration and Management Plan Dear Mr Bray: I have been retained by the Seagate Property Owners Association to protect the interests of the owners of property in the Seagate subdivision as relates to the proposed Clam Bay Restoration and Management Plan federal dredge and fill permit application, prepared for Collier County Pelican Bay Services Division and WCI Communities. . .' G~n~lC1lly, tI1~ $e;ag'lte Property OWD.!!r.s Association is supportive of the plan as ------------ .. -- -----..----- - - -. .~.-_._--- , submitted. However, several aspects of the plan may deiirlve propertyowners in the Seagate -'subdiviSion of certain vested property rights, particularly $er;tiof) J.3,2,. ..... Proposed . .~ Recreationa/ ComponenlQf th~.~ub.rnitted plan.YtQlJ.Ldnecessarily dep.riv~ tI1eJlrgp.ert)- owners ~<1...lJ..se that has historically been theirs and is a Use th'aTis a vested appurtenant to each propetty owners'.property~ The proposal in_~above citE!d.se.c_li.onspecitic;;ajJy"state.~c."r-Jo - motorized craft should be allowed north of the soulhJloar<:l'N.alk, with~he possible exception of -...Q.~ powered trolling mo!()~~ affixed to_oEen callo.~orJl1eJi~e ;3nd n~ne:Sho_l.iIQ:.o::e_all.o.....ea to traverse in areas marked as closed to the same". -. . As you probably know the property owners in Seagate have had access to the Gulf of Mexico through Clam Pass since the area was developed in the 1950's. That access was intentionally uninterrupted by the development of Pelican Bay and, in fact, was specifically identified as a right of the Sea gate property owners. The rights were provided for when the southern boardwalk connecting the Collier County par1<ing lot and the Registry Resort with the beach at Clam Pass Park was constructed. The case law in the state of Florida clearly provides for the common law rights of those who own land bordering on navigable waters. Those rights include a right of access to the water from land for navigation and other purposes expressed or implied, the right to use of the water for domestic purposes, the right to have water free from pollution and, most importantly, the right to prevent obstruction to navigation of the waterways. Further the common law rights Seagate Property Owners page 2 of abutting property owners include the right to use the water for navigation, fishing and other purposes. . The exclusive rights of a riparian owner are such as are necessary for the use and enjoyment of ri~ abutting property. It is a recognized rule of law that a riparian owner has a vested interest in waterway navigation. Because the Seagate Property Owners collectively and individually have a right to navigation in the waterways,l.ll&lieveit would be violative of Florida ...J~'IIiUhe prQyi~ionj[l S-".<::tion 3.3.2 ",ere imposed to limit the size power or speeg of water - s;r<?1iwilbin c:;JamB<3Y~ Furtller pursuant to the applicable case law it appears that any limitati.on of the geographic extent of the Seagate Property Owners use in the bay would also be violative of the law in Florida as it currently exists. In a letter to you dated July 8,1997, Dr. Jon C. Staiger discusses the issues regarding the purpose of the management plan, that is to correct the mangrove dieoff and the means to prevent recurrence. Because the operation of vessels by the Seagate Property Owners or anyone else did not in any way contribute to the present problems in the system of bays and connecting waterways, it appears that the inclusion of the restriction as worded in the proposed permit would serve no purpose other than to possibly impose liability upon the issuing entity for the deprivation of any use that is a right of the individual property owners. _IedJ:lrown,ttll'-P[O~~t manager for the Plan, indicat.E'd on June 21,1997 at the meeting ...Elf the_Naple.s_Cjjycou,n_ciUba1 he.was._n()t opposed'lo an altemi3tive whlchwouJejallo'N.!h", __~@.9gafe-Property Owners access to the waterways in the.bay. system and conmlJelo.<!!low for use of motonzedvesseJ5through Clam Pass.IJ th..--"--'channels in the system were appropriately. ~. ~ -.- '-'-'-- .'--- .------.-..--- - .... ..'.' .....- .-..----..__________n.___n_n.____._._. _'.. _ .__ __ __ __. __ . .__..._________ marked, the concerns regarding seagrass habitat would be assuage(rCiirreri!lZCQ1IL~L .. County local law provldes-for anlcJj~~~pe~cjLno wake zone throughout tile Clam BaY!;ys.tem~, -.------..--.-----.-------- .~--~---- --.- --..-.------------..----. --. ----'-"'___ _.______n___. _ ._______.____ The cg~_e law in Florid"U,uQports the premise that if strict limitations onthe size, power ---- .---.---.--".----... "-.' -- ..--.. --. . -.. ....----.---.---------. --.---- nQrsJl.e:_eqO! vv<jterc!"!.ilwLthin.Clam. pass'NereimEo~e,d~ !b.eissyin.gentity would be_reglJired 10 . _~mpensate each,~e:Iiy()'<V.Il.l3!in...tI1e Seagate subdivision for the valUilOli:lright att_achEld to - eacnpropertYbY virtue of its presentan(jnisfonc'use of the water ways. IUs the desire, J@~ver, Ofthese.agattLE'rc'-pe/iYOwnersJo ffie-srrTIP.IY_bil"eJI1e.la.nfii.i~gethaf sUlctly limits their use removed from the QrQjicisejJperrilit and-possibly replaced '/lith language Which woLilCl accomplish protection of the seagrass'beas~- -. =~-- -..-" - - ----.- .- ---'-'~-~--- --- Please contact me if you have any questions or if you require additional information. I await your response Sincerely ~ cc: Jon C.Staiger, Ph.D Ted Brown William Lorenz Richard Woodruff Maria J. Chiaro, Esquire July 21, 1997 Seagate Property Owners c/o Martha Dykman PO Box 630044 Naples, FL 34108-0044 " Re: Clam Bay Restoration and Management Plan Dear Martha, Please find attached a copies of the letters sent to the Department of Environmental Protection and to the US Army Corps of Engineers. Please contact me if you have any questions. Sincerely, ~ Maria J. Chiaro, Esquire DEPARTM~rOFTrlEARMY TAMPA REGULATORY FlEl..D OFFICE, JACl<SONVlLLE DISTRlCT CORPS OF ENG1NEE11S P. O. SOX 19247 T.uiPA, R.OJ1l[)A 3:3036-9247 REPlY TO AnfNllON OF Regulatory Division West Permits Branch Fort Myers Regulatory Office JUL 2 1 19~7 '. .. PUBLIC NOTICE Permit Application No. 199602789 (IP-CC) TO WHOM IT MAY CONCERN: This Di:sltrict has received an application for a Department of the Army permit pursuant to section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) as described below: APPLICANT: Collier County, Pelican Bay Services Division 801 Laurel Oak Drive, suite 605 Naples, FL 34108 WATERWAY & LOCATION: The proposed work is located in Clam Bay and the Gulf of Mexico, Sections 4,5, 8, 9, 32, 33, Township 49 South, Range 25 East, Collier County, Florida. LATITUDE & LONGITUDE: Latitude 26014's9"N, Longitude 81049'21"W. WORK & PURPOSE: Over the past several years, approximately fifty acres of mangroves located primarily in Upper Clam Bay have died. .Collier County created a Mangrove Task Force to investigate the die-off and to develop an action Plan. The proposed Clam Bay Restoration and Management Plan is part of a program to stop the expansion of the mangrove die-off areas and eventually reverse the process and restore the dead mangrove areas. The applicant proposes.the following as principal' elements and benefits of the Clam Bay Restoration and Management Plan: 1. Installing a tidal flap gate system linking Venetian Bay with Outer Clam Bay, thereby increasing the turnover of water in Outer Clam Bay. This is proposed to improve water quality for the benefit of the extensive seagrass habitat and its associated marine life, as well as provide enhanced scouring of Clam Pass as the surcharge of water that formerly oscillated between Venetian . Bay and outer Clam Bay will be forced to exit on the ebb tide through Clam Pass. 2. Deeping and widening Clam Pass to provide for a significantly enhanced tidal exchange for the Clam Bay system,. as well as provide high quality sand for "beach renourishment" and the creation of upland islands of native tree flora, which is proposed to contribute to the ecological diversity of the Clam Bay system. The dimensions of the proposed excavation cuts range, pending on the location, between 3 feet to 4 feet (MLW) in depth with a bottom width from 15 feet to 40 feet. 3. Opening of the deteriorating network of interior tidal creeks and channels to both improve the tidal exchange capacity of the Clam Bay system, and contribute to enhanced water quality within the system. The restoration of the tidal exchange dynamics is proposed to permit the ingress and egress of marine life utilizing the mangrove embayments, accelerate the recovery of the mangrove habitat and restore the desirable estuarine quality of the Clam Bay system. 4. The selective cutting of 50 to 75 percent of the dead mangrove trees is proposed to improve the aesthetic quality of the Clam Bay System, as well as permit the establishment of mangrove starter islands to help stimulate the recovery of the mangrove habitat. The proposed tree cutting will be accomplished with chain saws to cut the dead tree trunks at close to ground level and left on site. 5, The development and implementation of a revised freshwaterjstormwater management system for the developed uplands lying east of Clam Bay is proposed to facilitate a reexamination of the role of fresh water in the Clam Bay system, with an anticipated result being a significantly reduced level of fresh water irrigation for Pelican Bay and a modified landscaped palette to be introduced over time. Total direct wetland impacts for the proposed works referenced above are approximately 11.36 acres. Total area within the Clam Bay project site comprises approximately 443 acres of mangroves and 124 acres of open water bays. Related Permitted Activities: DA Permit 199501027(LP-CC) issued on April 3, 1996, authorized the excavation of 9,200 cubic yards of shoaled sand from Clam Pass Inlet to restore flushing to Clam Bay. DA Permit 199601979(LP-CC) issued on June 26, 1996, authorized the manual excavation for the re-opening of 1312 linear feet of main tidal channels within Upper Clam Bay. VA Permit 199602789(LP-CC) issued on January 28, 1997, authorized the placement of two portable hydraulic dewatering pumps and associated piping for emergency dewatering of the Bay. NOTE: This public notice is furnished by the applicant. verified. being issued based on information This information has not been THREATENED AND ENDANGERED SPECIES: The applicant has indicated a willingness to follow the manatee special conditions which outline standard manatee construction precautions and other manatee protection measures. In light of their willingness and the information available to the Corps of ~} Engineers, the determination has been made that the project is not likely to adversely affect the West Indian Manatee. If the FWS does not agree with this determination, formal consultation under the Endangered Species Act may be required. In addition, we have determined that the proposed work may effect the endangered sea turtle, and are initiating Section 7 consultation with the U. S. Fish and wildlife Service via this Public Notice. . .. AUTHORIZk~ION FROM OTHER AGENCIES: State Department of Environmental Protection: State permit/certification may be required. The state application number is 11-304991-9. ./ t, A complete set of full size drawings is available in the Fort \~ Myers Regulatory Office for review. Comments regarding the \Q application should be submitted in writing to the District \~ Engineer at the u.S. Army Corps of Engineers; Fort Myers \ ~Regulatory Office; 2301 McGregor Blvd., suite 300; Fort Myers, Florida 33901 within 30 days from the date of this notice. If you have any questions concerning this application, you may contact Mr. Allison C. Clough III of this office, telephone (941) 334-1975. h) ,~~)r OJ. 1"197 -. JO:.JS:1J D:V;~'i(:\(;lO.(v',qOr-.l'S2:'id"'<J r--:.--..~---_... I -.--.-- --._---._...~._- .-. ..--.-...-- .. -.- . --- ~...... ---'--~",,-,-,-, ..-.-.-. .-. .---.-----..------. UPLAND ZONE GUMBO UMBO REOTIP COCOPlUM SEASHORE PASPALUM PLAN INTERTIDAl UPlAND DOUB SILT MEAN FENCE HIGH WATER -r- (CAVATED -fANNEL RIP-RAP (To BE REMOVED AFTER STASJUZATIDN) PROFILE TYPICAL SPOIL ISLAND ...'......_..__n._......_ INTEF~TIOAL ZONE (0.5 - 3.0 FT. NGVD) RED MANGROVES BLACK MANGROVE:S SEAsHORE DROP SEED SMOOTH CORD GRASS SAlTMARSH COROGRASS SEAsHORE PASPAlUM SAlT GRASS INTERTlOAl --......-..... N.T.S. - U c OJECT: CLAM BAY u ~ Figure Ir- PELICAN BA Y SERVICES DIVISION c..mc" ,NT: 4.5.5.(0: HmO -,-< VI~.~~-t~.~ER ......... ~.. 1997 m m COWER aJ .KQ: ",9 -. 495 - 25< -- r-ME-< ,,:.,' NNW -=c.... - 0 W NOI02-DBO-ODI_ERPAP .- PFR-7"9 \.O;>-4::r: c--. tn/GIll "d. >><<T ... STEPHEN /olEA m~UJ ~IlIiIu.:&.MftQII.l'I:Ct.J:M:. 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O'"s:::=z "C:::J ~. -%"0- li5Q.g~ :e~:!!..~ E!'.!!.:no :r...lC"...... o S-c:'2.0 tr~.~ Z .00''''0 ~ co.... 0 c::: o g~=!:; 3.-E"iilC ~:; !!.o$! ..gSr- ~~~"'O:D' ?--S~iDm - .!..~ 0 ~_:::I. c::: -.-:D ::::r"_:::Jo E".:;m e g~ P? nIDii' ~ii'a:n c,Q.:rs.. -..ct --"-:e ~~6o s~ - :::.!!..O:s: ~.~. -0. _ o.-O'JIl ~:;;;- fIlCllc.~ 3"E~" .o"'c "'<:"'000'" 0'" - C"1It1liC;- ..~:::l"" -c..ii>CD g ~~ c.. ;;Eo~ ""' ~-... Q.." ""O!!. . "'ti- a ~ t;:.g_:J .... CIIl Go 0 .g!::.- Q=~;; ~""C Co!:> a. FIRST -Ct..Ass MAIL U.s. POSTAGE PAID Jacksonville, FL Pemtit No. '442 =r33!2.~.:r _Cl_=n:::JI8 :.2.::~-_ _:::l:::l::J_ <..~ !" ace.... ~~"tJ :i 0 5-0 ::I C. m > c..=..c.:;:;O o ::r_.:::J 0..::...... ....3~:Tm:;O ~E-g~~-::1Z: c._n'< .,,~3 Z !;~=~~~g> D :ro Ot~ .-1 _~.S:-m-C .-o"'t:l_e.::J-:D ~...-$.3> -~ 0"'0 cn-" r- ~.-g!.g"-;JJ ;;. ~. Sii3 Sm ::"=-0- camen .-;nQ.::J_::J-Q "':==.-::I-~C C 5"n.- a..e.;:D :'(0 -~ o-c3 0 =-t"tg.::;-n--m ':10 Oi>>.!:a.::JCf.I ::3~::I ;-g ;.. -3_3"'==-0 :"'CI~G1.C-- E:::J"a.::s~=~ E;~e.&-6"'23 .ooS_-QtO"5'" ;;!:::J- ::I-1lII _ o. C) _-:I ""5'3- ~-c mOC;; CII... ~:-.~;; 'O:r_o::rE:.< 0.0'::J";a; ;e::J3zc.~ ::J ..._. Ill' ~!:.if~sg2. -;=!!:..::Jo=' !...o.-=- -0 ...-a.~ ~C:;-O==5";a .. g ~-5 ~~:g oaS:::~-~O= ::03~o::log :r-o::J::!I~= 6: :r:=-c.c.o =c "'C .. ~ C) ::r =-~ olll-g~~5" t;"o:..q.:cn9: C"I;a -_ . n _. ~:=; C/.l""B:- g~~[~~~ / RICH BRAY, DEP BIOLOGIST's RESPONSE TO SAVE THE BAYS, ASSOC. CONCERNS (FAXED TO DEP 7-23-97) IMPORTANT NOTE: The application (File No. 113049919) is still incomplete at this time. The responses/ recommendations listed below represents DEP's current assessment ofthe proposal based upon the information available as of July 28, 1997. DEP's final conclusions and recommendations may change pending the submittal and analysis of the information needed to make the application complete. -./ 1. What are the benefits to Venetian Bay and Doctor's Pass? At !lus time, the benefits to Venetian Bay are expected to be an improvement in water quality by creating a one-way flow for flushing out through the proposed Seagate flap-gates and into Outer Clam Bay.. Cw:r.ently,_~tidaI gallges andhyc:lm.\Qgjcaj mQ~l?j!l.<Iicate_ ~th.ere ~~ststl-"slosl1in~ba1:htub" condition in the bays where waterjust sloshes back __~dforth be~eenthebays al1d doesn't reaIly g(Jagywhe~. There are no benefitS . expected to Doctor's Pass at this time. Clam Bay and Clam Pass? Better flushing of Outer Clam Bay (7-10 days expected) and improved water quality proposed by installing the one-way flap-gates. It is anticipated that Clam Pass will be flushed open regularly by increased flow on ebb tides by installing the flap-gates, therefore, less dredging and maintenance of the pass will be needed. 2. What would be the problems to Venetian Bay (water quality) and Doctor's Pass (shoaling)? No degradation of water quality in Venetian Bay expected. If anything, the water quality in Venetian Bay is expected to be enhanced. No problems expected to Doctor's Pass as only a calculated decrease of approximately 2% of ebb flow will be lost by installing the flap-gates. 3. What would be the problems to the testing of the Doctor's Pass Inlet Management Plan? No major problems anticipated. The testing and monitoring established in the Inlet Management Plan should continue with an incorporation of any new data concerning the installation of the flap-gates and slight alterations in tidal flow characteristics of Venetian Bay and Doctor's Pass. The management of Doctor's Pass in an open, navigable condition is not expected to be hindered by the installation of the flap-gates according to the current calculations. ~ 4. Who will be responsible for the monitoring of the performance and effects of the flap-gates (control valves) at Venetian Bay, Clam Bay, Doctor's Pass and Clam Pass? _1M$~ee (Pelicllll13_a~S.!=rvic_e~ivision) would be respoi1Sill.lc:: for_th~ _re'lui~~ Ill_onitorin~ .'l~the:f1I1P-~ates,(:lam BaY'a11~c:.13.!Il_!,ass. If it is confIrmed by DEP's Response to STB's Concerns July 28,1997 Page 2 ./ DEP engineering that no adverse impacts are expected to tidal hydrology, then lI1~t likely, no monitoring of Venetian Bay or Doctor's Pass would be needed. 5. What w.ould be done if the monitoring discloses negative effects? _ Ihepermittee _.W.Oll!Q]:JE~9.uired_t()rniti~te.foLanLa(\verseimjJllc(,) to ""ater quality or natural .lesources.<lttt-jbu~I)I(:!othe)~tallation andojJerati()n oftl1e flap~gates. Also, the .pel1llittee \vould be reqllired ti) retull1th~ cQ!lliLtions of the site to pre-permit - conditions. ..This would be required as Specific Conditicms in the pemlit (if issued). 6. Can the dredging for Clam Pass and its approaches be done prior to the work on the flap-gates and after it is determined that the flap-gates are required'? One of. the major benefits expected from installing the flap-gates is to improve the flushing of Clam Pass and lessen the need for constant dredging to keep the pass open, therefore, it would be more advantageous to install the flap-gates first to minimize the amount of dredging needed. This recommendation is shared by staff with the u.s. Army COE and the DEP district office. ./ 7. What are the current views about allowing the current type of Seagate residential boating to and through Clam Pass and north of Clam Pass? ~.Historical navigable acc_es~_\'{oul<! beJlllo~ed to_continue. J~<xisting navigable access b-Y_ther:e_siden~jlf..s~&at~_\'{CluldprCl1:JllblLevenb~eIltianced by maintaining the ._char1g~ls_~en vi'!l!.cti~itie~PJQPose<!.by th_e project. Waters of the StateareJ2ublic . lands and access to these lands cannot be denieilto.,th_epllblic, however, wherep~bIic . a~c.es~ciid not existprior -toperrD.[tt.e.d ~c.ti;;~ies-, the activities arePEoposed within - -..signIficant natura(resources{in this case a conservation area), and there m:e ad.v<:.r~~_ . -impacts expected-from incr~ased motorbollt!lCtiviiY, DE(c3!! plac~_r.(:Stri~!i2EiuPQ.l1 -b~~tfugjn the permit as speEi.fic.c~nditions. Il!...tl1~.caSe ofclam Bay, it wgulcim~st . . . likely be recommended that motorized boats be restncteanclIth of the north - bQarawaik-~d~ 'n~~;;;ke-;~~lri~tion be continued for-the rest 6Tilie Claffi-Bay syst~l11toprovide prot~;tion to the mangro~e.s~ancr~~agiaSses in the: area._---. L - End of response \........--' 1 :,\2.\.:',( F28~I-A:\ERHA;"1 SE:jl:=::~FlTT EID:;O,'I 'f-039 P.cUU:j r;~.on .~ /~ - - - U._/..-- .... .' " /"///./ >.. _-/ .. AKEP..MAN. SENTERflTT 8 EIDSON. P_^- AITORNErS ^T L^w C.Thu-:.. 0:.."<.,.. r;:'~ ::c:~ o;..OWT,..., OA......G<:: AVE:"'....c: 1"'05, OF"F".CE 80A ;<;::;1, OA..........DQ .1....0,:;-,0_ 3=00':: 0:::'::'. \"'07; a..~ 70eO TE:,-CC:;:;l~T (_07/0--::;'_"''''''::' ". August 4, 1997 William D. Lorenz, Jr. Director, Natural Resources Departmem Collier County 3301 E. Tamiami Trail Naples, FL 33962 RE: Clam Bay Restoration and Management Plan Dear Bill. Responding to your telephone inquiry this date regarding the Management Plan.s approach to navigation in Clam Bay, let me clari[y the same. The initial submittal to the agencies suggested two central themes. First, a limitation on size, power and speed within the Clam Bay and second, a limitation on the geographic extent of boating within Clam Bay- With respect to the former, no further amplification was proposed and with respect to the lauer, a suggestion was made that boating with more than bauery powered craft north of the middle boardwalk. be banned. The reference to the "south boardwalk." has been acknowledged as a . typographical error; ~ In both instances, we labored long to determine how to approach this maller in the application submiual. Our preappllcation conferences with the state and federal regulators strongly _'u...--.'''.---- s~.e~ledJb<llE.nA<?QJLJte ban on motorized~o9tin was the preferred choice. Being sensiri;e to the history of boating within-cram Bay, we.,.,.ereJlot in a position to support that and yet felt like we SQLllcj_()9r.if2110relheratherJie~r diregion_that_we hadb~r;j,iv'~n initiese lli~f1gS"-- As such, ~_()P.red [.or what we perceived !O be a middle ground approach, ene_that protected the Seagate residen-ts and yet conceded some need 10 constrain wholesale -'" "''', ,." ._-".." - utilization: -O~r expectation was that the issue would find its own level in time. In no event did we want navigation to become our issue, as our focus was. and is on the _ec()ICl_~Y_ of Clam ------ - Bay~ ,,,,--~ At preseD.t.j~~r~lb<gJ_h.E'5r.atEe.~llcj_f~dft@1 regul a!Ors areflreearecit-"-~<llIg"Y.Jhe_ Sta.tu~_q<,IQ. to remain in place and we are urging that outcome. I caution, however, that nClthin~_has__been__ ORI..^I'<OO F"O~T '-AuOE.AO"'.......: T....I....I.........~'^:;.::.i:.C TAMP.... wEST P...L... t:oE:Jo,.CH MIAM' J1-8T 11 :.-120'\.1,! F,;O:\!-i'.\~;i\:.\;1 SE;'! rE.~;: ITf E I ~i:;OI\! ,-.011 P_ OJ/03 Wil1i= D. Lorenz. Jr. Page 2 August 4, 1997 .'. put inwriting by either of the permining agencies to that effeo: and my optimism rh2t it will end up tnec.e is predic2ted on recemverbal reviews of the issue with both the Corps and FDEP. - .We are cominuing to push that as an acceptable approach and one which we understand has __. _._ . _. '..... .'____ u_._..._._____ ____ _n.__..____________.__._______..._.. --... .------.--.- Jhe support o]your.orrice. I believe we will be successful as a variety of persons have commented on (he issue to the agencies and the cumulative weight of those comments appears 1O have had a positive impact on the process. I hope this is responsive to your inquiry. Very truly yours, j I T cc: Hilburn Hillestad Jim Ward Susan Wans AI Varley ;\ ,~,-'~J ','-';j ( J ] : L\ ~ZA,j r :~li:,,--,.',r,:::.-tI)A{l ~,,:'1 \ ::;o(j'-l J j l:.lll~IJ:'j tS0~ T-m P.OI/OJ f-Oil %~- U//J/; . ... . . /;'//-// .. -~/. .. /\KEP-MAN. SENTERFIIT 8 EiDSON. P.A. AITORNE':"5 ^T LN.iJ C:~TJ<....." ,,::.... rf.;' ;;:c:) ....C....T... OR_-Gi: ...."E1'o...O:: I'"CS7 a..-nc.z: ao" O:::l. OR,-",,,,,= "-...OR,o-. :l=00;:, =. , .'. 1-07) B_:> "'0.(';0 TC...cC::;~T 1-<07) -.=.--....'0 , ". August 4, 1997 William D. Lorenz, Jr. DireCTor, Natural Resources Department Collier County 3301 E. Tamiami Trail Naples, FL 33962 RE: Clam Bay Restoration and Management Plan Dear Bill. Responding to your telephone inquiry this date regarding the Management Plan's approach to navigation in Clam Bay, let me clarify the same. The initial submittal to the agencies suggested two central themes. First, a limitation on size, power and speed within the Clam Bay and second, a limitation on the geographic extent of boating within Clam Say. . With respect to the former, no further amplification was proposed and with respect to the lauer, a suggestion was made that boating with more than battery powered craft north of the middle boardwalk. be banned. The reference to the "sow.th boardwalk." has been acknowledged as a typographical error; In both instances, we labored long to determine how to approach this matter in the applIcation submittal. Our preapp/ication conferences with the state and federal regulators stroD$ly suggesled that an absolute ban on motorized -5oatin~2.S 1:hepreferredcb9i~e~ Beingsel1siti~e _.. ~.~~e hi slOrYOTb~(ing~-i::lam- BaY:~ewere-nQ( i;:;~E.o.5iiE~D.iosLlflfl~har..a.n.diet _. felt like we could not ignore the rather clear direction that we t1.ad.bee!l.~",e_n in.. these ~. ~ such, wt! opted for what w~rc.eived to be a m,-ddlegrou.ndae'proach-,~(ln.eillat protected the Seagate residents and yet conceded some need to conSTrain wholesa.'.e _ utilization. Our expectation was that (he issue-wo!:jjdflnditS-owrl!evel iiltlme:lnnoevent. did we want navigatIOn to become our issue, as our foC1..ls was and is on the ecology oi Clam 4t. _____ ____ ____...._ Bay. - .~ ~~ent. it appears that the state and federal regulators are prepared !.O allow. thE! Status.quo to remain in place and we are urgmg that Outcome. r caution, however, that nothing hasbeen ""'~--~--'-, .,_._- -' -'-- --- -~._~.-~_.-----_._~ '-"-'--'- OA...."',..OO rOAT !-AUCE.FtC....t-.J..: 1""\,....0'"'1. T....~'-"'~;:,.:.C T....MP... ....EST ,..-......- .c..o.c... \ViltiJ-SlL D. LQ(,.:11/::, J:.:, Page 2 August 4,1997 pUe in writing by either of theeL<iFrrr,ilIing agencies to that effe.ct and my optimism that it will . end up there is predicated 011 r@cem "erb<:L-reviews~(t!1~jsYje.,..,.it~ ~oih tJ:1e-CorPs andfDEP.- we-arecontinuing to pusha,at ;;as-.2s1 acceptable apprcachand_cD~_",bicb_"'~cl<=r>i2r1i:fh,,5 -=-the_supportQLjlQl.ILoifice~ 1'~tbetieve-weVVi[jbesuccessfuT as a variery of persons have commenced on the issue1o-[h~ a_gencies and the cumulative weight or [hose commems appears to have had a posi[i~'e,,!mi=i.d:t an the process. , , I hope [his is responsive to YOL:,;r,in~uiry.. ::; Very truly yours, :,.-; 1j1~ ~ ~ = ~~ ~ cc: Hilburn Hillestad Jim Ward Susan WaITS AI Varley .-. 4 ..,.:~ .~ :'"T:! --'-" ~ ~ = -~ >1 " MEMORA.NDUM To: Chris Brighton, Board of County Commissioners Office Office ofCommissionerPame!a S. Mac'Kie ~- From: William D. Lorenz, Jr., P.E. NaturaJ. Resources Director Date: August 5, 1997 Re: July 28, 1997 Correspondence received from Mr. William O. Kroeschell As noted in the attached August 4, I 997 letter from Ted Brown, consultant to the P.B.S.D., previous di~c1Jssi()ns ;vjt.~state and federal a!ilencies indicated their desire for a ban on motorized vessels within the Clam Bay systeIlL Accordingly, the Environmental ~:Res;;;ce and .Coastal Mma:g~m~~t-P~iIDij;Applic~1:ion for Clam Bay Restoration Plan submitted to the Federal and State agencies by the consultant stated "the Management Plan will encourage the County to enact strict limitations on the size, power and speed of water craft v"ithin Clam Bay, as well as, limit the geographic extent of their use within the bay". ~.i=ollier County NaturalJ~...e.s()urces---'?eEartnJentrel:.omrne.nds thiit the current idle ......w.eed zone restrictions are sufficient tOjl.rotect the Clam Bay srste..m. {\c~()fdin~y,I have worked with Mr. Brown to persuade the agencies to recognize the validity of these ,- .' , ".----,,-..----...--- ~rrent restrictions. As noted by Mr. Brown, it appears that the federal and state agencies ""' --- _ ___u.___ ~ prepared to allow the status quo to!~!11.ain in place although wehave not received any . ~]J.ecilfc[esponse in ~: I~~ wor.~J..itl1 Mr.13I:CJ..wn.t~ c(mvincetE~a~en0.es tha!the current idl~ee~zone is ade'luate,. . . - - '-.--.--- --- Please let me know if you need any further information regarding this subject. WDUgmm cc: Chainnan, Timothy 1. Hancock, A1CP Bob Fernandez, County Administrator Vincent A Cautero, A1CP, Administrator Community Development & Environmental Services . File: Beaches - C-25 ,. John C. Norris District 1 Timothy L. Hancock, AICP District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 8arb.1ra 8. Berry District 5 9Jaa,rd cVVf~di'e?' C{;~U/?{Y- 'if;~tjjiaac?':i 3301 East TamiJ.mi Trail. Naples, Florida 34112-4977 (941) 774-8097' fax (941) 774-3602 LL.-- f 11'- ,/ J . , c.' /' ',./ '..'111 ., (/'IT.Llll,'/ i.>'/ i:r, August 7, 1997 " Mr. William Otto Kroeschell 272 Mooring Line Drive l\\lples, Florida 34102-4741 RE: Clam Bay Dear Mr. Kroeschell: Thank you very much for your letter of July 28, 1997 regarding a proposed restriction of boating in Outer Clam Bay. Having contacted William D. Lorenz, Jr., P.E., Director, Natural Resources, I received the attachedAugust5, 1997 memo..r. andum along with a copy of correspondence from ------------ -----._- .. -- ...... - -. . . Mr. Ted R. Brown to Mr. Lorenz on the topic. A..s)ndicated in both transmittals, it is their r~c_ommendation to the federal and state agencies that current idle speed zone restrictions are .. suffi9~ent~j()Ef()tect th~clamJ3ay systeI11-th. e !~~~a] and state age~cies are prepared to ~llow _thest~~CJll~orell1~211 t~oug~this_~as_I1ot)'~~eeni~cei~e(r;ll~;ting.-.. . ..... . -.. I hope the enclosed has helped to clarifY the situation. If you need any further information or if! may be of any additional assistance to you, please feel welcome to contact me. Sinc~ / / / I Pa ela S. Mac'Kie I ommissioner, District 4 PSM:cb / ';' COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT l\ND ENVIRONMENTAL SERVICES DIVISION HEALTH/COMMUNITY SERVICES BLDG. 3301 E TAMIAJ.v[! TRAIL NAPLES. FL 34112 Buddin.!:,; Review ~nd Permiuinb (9:11) 643-8400 CUdl' Enf(lfC~m(:nc (941) 6'i3-8440 Housing ~nd Urban I''tT\.provemeo[ (')41) 04,3-8330 Nawu! Resources (941) 732-2505 PLalOing Strvlces (9411643-8-,OO Pllilurion COf1(wl (941) 732-2502 A CERTIFIED BLUE CHIP COMMUNITY August 7, 1997 Martha Dykman 5040 Seashell Avenue Naples, Florida 34103 RE: Letter from Ted Brown - Clam Bay Restoration Plan Dear Ms. Dykman: As you requested, here is the letter 1 received from Ted Brown addressing motorized vessels in the Clam Bay system. Please give me a call at 732"2505 if you have any questions. If!:-~ William D. Lorenz, Jr., P.E. Natural Resources Director WDL/gmm Attachment cc: File: Beaches - C-25 August II, 1997 Mr. Allison C Clough, III U S Army COE, West Permit Branch 2310 Mcgregor Blvd. Suite 300 Ft. Myers, FL 33901 Dear Mr. Clough, We appreciated your attendance at the Save the Bay meeting on July 28. I also want to personally thank you for talking with me by phone on ] uly 31. I was unsure about the COE.s stance on the dredge permit for the restoration project to help save the mangrove system, and the COFs view on the restriction of motorized vehicles in the system. If I understand you correctly, the COE does not have a official view, a~jJt:,rrn.lt is for ~dging for restoratiQILand is not i!1v~ed in the iss~e.?f navig<'ltion because the - , __d!edgin,g.h<'i~ onqJ to re.s1O.n:,Wg~Il1()\Vir1.the~s~ As I am a lay per ~andJ am not' 0 vledgeable about the permitting process, I have struggled to u land the permittin racess and am still somewhat confused on the wordmg in e on 3.3; oage 36 , t . asks the county to write an ordinance to restrict. motorized ra north of the south rdwalk and to limit the speed, power, and size of the boats, .illiam Lore atural Resource Director of the county has i1Iready made the ent[ ste waks.id~eed only area,~e-doesnot thinkany more ~.ctions are necess<'iritQP.I.1Jtest1h.e.system, also Dr. Johll Staiger, Natillal Resource - P~ftil'O.cItLofNaple.sJllso feels that 'the.2lo \V~e,\\'ith:tlie mar~gofse~_grass . beds is,enoJl.g!1JJrotection. In ~~the Board of the Pelican Bay Taxing distric.!~so_._ asked that the wording be removed as a condition for this document, so at this point I am - - ~-~ - -_....~-._~._-- not sure where we stand on this very important issue.- My job, as President of Seagate Property Owners, is to protect our historical property rights, Our neighborhood was developed in 1956 as a waterfront, water craft area and we have enjoyed fishing and sight seeing to the north as far as Upper Clam Bay, our boats ~are very small and are back bay boats, many days it is not ~fe tOQQ<'it,iIl, th.e QuI rfor these small ~:essels,,stJ,we_h<'lY_e adaoted to this system ar;sLusecHhe w<iter acc()fdin~ly: Y-Z<ire not asking for special dredging to aCf.Clrnm.c>'date<Jtl;r,boats, or,_arewY:iS19ng fQL th~jlasst()be dredged to allow largerboats and easier<i.cc;ess. The people()fSeagate ... have been acc'ustom to the limited conditions that nature has given us. We are simply ._- -- n_ --- --...--.____ ,,__,,', . _,' _______.__________________.._.__~.__.._ _.. ____ _ .._..__.______~ _n___________ __~__._ __.-___.________. _______ _____ asking to'nOt'5e 'restricted because the system may be imoroved for restoration .. We are -aski~ for the same rights we have had historically If the ~o;;;;ems -a~"tl1.~-rarge boats ~ .__~ming from the outside of the Pass, will damage the systeIll", mayb~,~igns_su~~~s.__ "Boats of a certain draft size only", or " Use with local knowledge only" b,c,j>Os!ed at th.<:. pass. Instead of canoes with a trollingmo!orafte';: the middle boardwalk, we coul_d li~ \Vith ~iction of small outboard motors and mElJ~~ lQ,f~<::t<l.ncLUIld,er boa,t.sizeL ~th no geol:raphicaI restriction except to protect sea grass beds. Canoes are unsafe for many reasons and a trolling motor can not fight an incoming tide: The entire Clam Bay system is a state waterway and should be preserved as such. Other than the 3.32 language, oucneighborhood is very favorable for the rest of the permit and hope ll1e permit IS app;;~ed ~'soon-asp';ssibl~,-b~fo-;e r~';~ed3.mage III the - ------- estuary has occurr~d~ Tn s,lJJ11Ifl",lion, (I) We~H2E2rt~the r~s~<2!atjonplan(2) we want to change the language in r~~]2to no!JiIilitti1esysternto motorized vehicles, (3) pfotectthe sea _~'T<l5s beds with ~ ~igns,' ( 4 )p'erhapsJirr1lt~izeof boats~ndII1<2tors for areas north of the middle board walk '.but[lott~cano~s with battery operated motors, this is too prohibitive to fisherman and ..ii!.milies th~t use small craft. - ----- ------ --.. If we cannot reach an agreement on how boats mayor may not be used in the Clam Bay system, I am asking for a public hearing on behalf of the Seagate Property Owners. If there is a form that needs to be filled out to request a hearing please send me one for the appeal process. This issue is just too important for our property values as well as our enjoyment of Jiving on a waterway, to allow it to be jeopardized without a public hearing. If I do not understand the process correctly, please call me at, 941.263-1907. Very Truly Yours, M ~ ~'---- Martha Dykman, President Seagate Property Owners. cc. Mr.Rich Bray, DEP Mr. William Barnett, Mayor of Naples Ms. Bonnie Mackenzie, Naples City Council Dr. Richard Woodruff, City Manager Mr. Robert Fernandez, County Administrator Ms. Pameta Mackie, County Commissioner Mr. Timothy Hancock, County Commissioner William Lorenz, Collier County Natural Resources Dr. John Staiger, City of Naples, Natural Resources Mr. Ted Brown, Akerman Senterfitt Ms. Suasan Hebel Watts, WCI // / Pawel and Teryl13rzeski 5147 Seahorse Avenue, Naples,FI34103. 941-434-5944 11 th August, 1997 . Dear Mr. Clough, "- , We are writing to you as Seagate home-owners who have lived on Clam Bay for some 20 years. For much of this time we have enjoyed a healthy ecological system with unrestricted boating and Gulf access. It is therefore of great concern to us that recent developments have impinged on the health of the system and our personal rights. While welcoming a restoration initiative, we feel it imperative that future plans should address the following concerns: 1. Remove the clause refering to watercraft limitations in entirity . This is a public waterway and if there were to be any references to boating we would recommend wording preserving the unrestricted rlghts of boaters ( as we have had for the past 20 years) and maintaining navigability~~tem is seU:limitiggjnJerrns of boating activity with its narrow channels and shallow m~1!ll.QWtl!.. There have never been, nor are there now, any · manatees and we urge you to recommend the removal of the no-wake zone. Furthermore, there is no evidence to show that boating activity has, or would, damage the mangroves here; the local intercoastal waterways are thriving inspite of very heavy boat traffic. The Rookery Bay conservation area, which does host InaIlatees , does not have strict boating regulations. The Clam Bay sea-grass beds are well known by lPCal boaters but could ~~_mar~e~fort~erare 'lisit()r,":,-~--------_.______n_m___... nn'" .- 2. Spoil Islands These were presented as an economic expedient rather than Puwiding any long term benefit. We wonder if this is the beginning of creating an upland area that would over -nm the wetlands, or conversely, if they would only return to the dredge from which they came. Neither situJ\tion is desirable. We are also worried about the visual impact these up-land areas would have. 3. Flap Gates Common logic suggests that they should have a positive effect on the OutelJl .s1lyand Clam Pass although at the possible detriment of Venetian Bay and Gordon Eas,s... What comparativeiD!illidlations indicate their successful deployment in this instance as opposed to tht(':.?mplete, unhindertd pusa~ of water between the bays through the construction ofa bridge? j)OC1Oes PA....SS. 4. Accountability The DEP .clearly pointed the finger at the developers in the northern end of the system for the change in water levels and run-off that caused the mangrove die-off . We believe they should be more responsible in their building activities and reparations. Clearly there are engineering .problems that require contingencies in case offailure . There is also 'an economic question of how much and by whom . We pay waterfront taxes, but shQgld not poJ.lg1er~_ha\Le_ damages levied against them? Finally, as waterfront property owners and boaters we would like full navigability --10 the gulf restored giving us a return on our taxes, protection of our property values, and ensuring our rights to enjoy the Clam Bay system as we have done so for the last 20 years. We look forward to your response. cc: Richard A. Bray, DEP Allison C. Clough III. COE Collier County Commissioners Dr. Richard Woodruff. City Manager Dr. Jon C. Staiger, Natural Resources Manager Dan Spina. Save The Bays Yours sincerely 'J jJ~' August 11, 1997 OFFICE OF THE CITYMANAGE . Mr Allison C Clough III U. S Army Corps of Engineers F or! Myers Regulatory Offi.ce 230\ McGregor Boulevard, Suite 300 Fort Myers, FL 33901 RE' Clam Bay Restoration and Management Plan Dear Mr. Clough: Please be advised that the City of Naples does hereby formally request deletion of a portion of the Clam Bay Restoration and lvlanagement Plan. '- . The section of concern is on page 36 of the document, Section 3.3.2 - entitled "Proposed Recreation Component", which states, in part, "No motorized craft should be allowed north of the south boardwalk. . . ". The City objects to this requirement inasmuch as this would deprive residents of the Seagate subdivision of their historic boating activities. ,_ The Ci!Y does not object to a re}V()rding sta~ng, "N~,otorized craft ~~l1Qldd ~b_~all()'N~d __ north of the north bO!l~dwal&," The present language would not pemlit a small boat to navigate the Clam Bay"system, exiting Clam Pass into the Gulf of Mexico from th,e Seagate subdivision. This is an historic right and use that the ninety property owners of . the Seagate subdivision have enjoyed and utilized on a routine basis .~,,^,.' The County Park, located on Outer Clam Bay, adjacent to the Registry Resort, also has a small boat launching facility. Although this facility is for small craft, many of the users of this facility do have small motors, thereby enabling them to enjoy the aesthetic and ecological experience of this lagoon system. Thc;.<:;:ityj~_c<;rtainlycoll(;~mecl aboutt~~ protection.9[l~grass beds through this portion _ C'f~he.{:lam~13<1)' ~s.~ _ B,LsllllpTV_ITIMkin.&..!l..c:haJ1neI_we.fould accomJ2lis~",~la! is _ _!~ed~gjj] -l:Jfo~ir1:Llhe e'[j,!i(9T1I11el1I:v,rhile still protecting the utilization and rights of t~e pf()perty o',VIl~r:s j-,,-t~isi\[~a. --- ''-. FACSIMILE (941) 434'4620 TELEPHONE (941) 434,4610 SUNCOM ~74,4510 M.r Allison C Clough III U S Army Corps of Engineers August 11. 1997 Page 2 'i In addition. the _ c::it'y}~~_c\Jn(;cr.~s_il~t1.uUectiiln_451. dealil1K\Viththe culverts ~onnesti_l!S_Outer Clam:ElaYua~~_\1en.etian Bay. Section 45L2, entitled: "Proposed CQn.cJiti9I!s",bri!1gs focwarg a proposal to establish flapgatesso that water can flow north _ J:i:()fll'{enetian.Bay into Clam Bay,Futclesignedto preventthercverseflow. Other portions of this document-also call for the dredging of the Clam Pass area and studying the upland runoff problems. The document clearly shows that the reason for mangrove die-off is a tidal prism that is being affected by significant ground water and surface water runoff The City objects to the installation of the flap gates at Seagate until the following are accomplished. l. The dredging of Clam Pass should be accomplished and monitored to determine whether that change in conditions, i.e., deeper and wider access for water exchange through Clam Pass, has a significant positive impact on the overall system. . 2. The stormwaterlfreshwater studies cal!ed for in this plan (Section 4.5.4.) should be completed and their recommendations instituted, thereby documenting the impact of diverting fresh water. Since freshwater runoff is the number one problem causing the mangrove die-o.ff, it should be the number one activity accomplished prior to taking secondary activities, such as these culverts. r:',~ , j,.i\' .;-''';l;~3,' , ; , -..;..'~~; :.', - , 3. ,__-.S.ufficient data has not yet been gathered to d~~the ifl!.ll..a~QLliJ.ck !hE!reoL that will occur to the Doctor's pass system by having one-~ .. cul\fl:!!.flo~_ Th~_City i~~~med_ab9~~shoalin&.in3_nda:oundp.octor's Pass and t1~.E..oposed_fJa~tes w:erEl..r:ot_~~lement inclu<l.~il1_tl1ejrdet -1l1anagem~f!LR!<!!l for Doctor's .Pass, which has established the present _SrClund rules for con~tnlctlon and managemeniiictiy[ti~s~Ithis Pass ~ -.-----.-.-.--- - -.'.---.,------.--..----- ----- The City of Naples greatly appreciates your attention to these two appeal items. We will be happy to provide additional documentation, or personal testimony, as you feel appropriate MEMORANDUM DATE: August 27,1997 ,- TO: William D. Lorenz, Jr., P.E., Director, Natural Resources FROM: Pamela S. Mac'Kie Commissioner, District 4 RE: August ii, 1997 Correspondence from Ms. Martha Dykman, President of Seagate Property Owners to Mr. Allison C. Clough, III, US Army Corps of Engineers - Dredge Permit for the Restoration Project/Mangrove System Please find enclosed a copy of correspondence recently received from Ms. Martha Dykman regarding the dredge permit for the restoration project to help save the mangroves. As indicated in the letter, the Seagate neighborhood is favorable to the process other than the language in section 3.32, page 36, which asks the county to write an ordinance to restrict motorized craft north of the south boardwalk and to limit the speed, power, and size of the boats. I strongly agree with Seagate Property Owners Association regarding their historic rights to navigation and ask that you advise me regarding the current status of the wording in section 3.32 of the permit with a copy to the attention of Ms. Dykman. Thank you in advance for your assistance. I J amela S. Mac'Kie Commissioner, District 4 ,lPSM:cb V cc: Ms. Martha Dykman, President Seagate Property Owners Assoc., Inc. Post Office Box630044 Naples, Florida 34108-0044 .. .. . ,. -. "f-",.;r:',"1 : EHIJ I RO~ll'1'~I'-ITr;l__ k~:~r:Y I) I C€:::; FHOHE "it]. 541 "(I? d 922~' NOl-2 File Nos. 113049919 & 0123463-001-JC Page 3 ~ Department staff agrees with your proposal to incorporate by reference County Ordinance No. 96-16 which allo,ws motorized craft throughout Clam Bay so long as they operate at idle speed and witb no wake.' Members from the public and local residents have made it abundantly cleM that they are concerned that some of their boating rights would be ta..\;:en away by implementing this project. The Department has tried to calm their fears hy listening to their concerns and agreeing to not require any more restrictive conditions on boating than what is currently required by the county. This is consistent with Chapter 373.414, Florida Statutes, which requires the Department to conside~-'.'!tional values and navigability of wetlands associated with proposed activities. 316wever)he DeParlr!l-"nt must alsoconsidcr the potential imp-"cts of. i? _ recreation and navig<l~Q.~ on thena~ -r"sourcesm. tl1.e area By opening up restricted cl:illDi:lels " ~t act~ preve~t the -,:,se~~IIlCltori2:ed crattnow ~~outJl~ of th~_c:~ J3ay_ s)'S!<:ill,_the . ..J?roposed project has tbe potential to e~ance n~vigabiliL~d U1crease boating inthissYsteJ:11.u 'to Therefore, Department staff reco=ends that the existing boating restrictions in effect now by ~ the county be continued as a specific <:()ndition of the permit (if issued) with an addendum to tills condition that states, "If significant advemimpacts-toihe natural resources and water quality of the Clam Bay system are confinn~~y_Collier Countyand D~artInent~viro"':"entiIst;;tt, and- attribUtable to the use ofl1loton.zed:,~ss~I~\0thinthe systeni;acrditional restrictions oniheuse Of ----.......~___~_--------h- -. -._-," '. "".. _. _.- '. . _.." ..,._..... .,._ __.__.__.___ .'___ ___-"__.~_L._,_L...:.m~ ':> . mo!onzed vesselsJhall.be enforcea to provide protection to the natural n;sources and water qualiiy.oftbiiCiam Bay System. These additional restrictioIl.S shall include, butnotb6 lirillted to, the prohibition of the use of motorized vessels in the areas of concern X?r a le~zQ> ~i:t!rn~ necessary to ensure that oamaged }).i!.~JJesources have recovered and/or water quality has re~ed i:~ 'a"n'{;,yi1f~on~ue~o!pe~t ~te.\V;;:t~;-:q;;;'l.;iYs!;;'J';:dSf~rj~~~;paiaillet~--'. assoCiated witb_bo.ating and_motorized ves!~ll~ge includ.ing,E'i>~~cadmiUIIl, zinc,. hydrocarbons (P AHs), oil_~a,nd_~~~r:s,Ai~~l~d oxygen, total nitrogen, tot..a:!J:>hoSP.lJO.M,.E1d tofi(aii<l fe'cal coliform bacteria." -... ..---.---" ------- -"- -----~.-.. --. "-"-~- Thar)k vou for your llroposal to ~lIL~I]i!turalres.9}lIC'.es (seagrass.~~yster Q~mang:rov~, etc.. .). within tl:t-'.jJroject activity an~as and relocate the ~,b.n".~s. to be dredged to minimize:_ - ~ts to tbe existingna.rurarresources. I1:ne BarIl~th the Iie.iaiiIIient's Souili I~ist:rict .:. Office in Ft. Myers. has v()Junteered to field verify th~e_activities. Please coordinate with her so .---- --."~.Q"tivities_canJ2.e completed. She may be reached via phone at (941)-332-6975. ~~--- cPn'1 . ENV , ... .'. I RONMENTRL*SERV ICES .''JoI.!IO[''ct.. #~ , e" ~_. (FLOR~...\ .. -:- = ~'. Department of Environmental Protection SEP.25.1997 4:25PM P PHONE NO. : 941 774 9222 2 (V\r;~ G>./I f..I... fk~ c..-~~ l1~on Chil~ Governor Twin Tower! Office Building 2600 Blair Stone Road Tallahassee. Florida 32399_240() Virginia B. Wether~1J Secretary 1997. vnt1r ~1"'\1"'\I''''QT''f''''~ ~"... September 17, 1997 COLLIER COUNTY GOVE~NMENT C:OMMl INITY DEVELOPMENT fu'iD ENVIRONMEl\T\L SERVICES DfVIS(OCi HEALTH/COMMUNITY SERVICES BLDC; 3301 E T tti'vlL\Jv[! TRidL NAPLES. FL 34112 13udJins Review and Permjc(inS (94 t) 643-8400 Cud!.: Enforccmc:rH (94 1) 643~8440 Huusin,g and Urban Improvemenc (941) 643-8330 Nacural Resources (94 t) '732-2505 Plannins St:rvices (941) 6'l3-8 300 Pollueion (()lHrol (941) 732-2502 A CERTIFIED BLUE CHIP COlvlMUNlTY October 29, 1997 Arthur Hecgt Pelican Bay Foundation 6251 Pelican Bay Boulevard Naples, Florida 34108 RE: Boating Restrictions for Clam Bay Dear Mr. Hecgt: The purpose of this letter is to provide you with the boating restrictions for the Clam Bay system. r understand that you need this information for your next issue of The Communicae. On April 9, 1996 the Board of County Conunissioller_siidoptedQrdinaI1ce 96-16 that l'rgyjd.ed ---- - .. -'--~' - . ____.._______.. ____..__.._m__ boating restrictions for the Clam Bay system. Ordinance 96-16 allows motorized vessels in Clam ~ Bay but limits their maximum speed to "idle speed". Idle speed is defined as the minimum speed through 'or over the surface of the water that will aHow the vessel operator to maintain steerage of the vessel. rfyou have any questions, please call me or Kevin Dugan at 732-2505. )JSL~>flt William D. Lorenz, Jr., P.E., Natural Resources Director cc: Martha Dykman, President Seagate Property Owners / GRANT, FRlDKIN & PEARSON, PA ATIOR,'/F.YS AT LAw G. Helen Athan Todd L Bradley. Howard L Crown + 0 Michael A. Feldman + Jeffrey D. Fridkin <} t Richard C. Grant .. Thomas G. Norsworthy . William M. Pearson t Pelican Ray Corporate Centre 5551 RidgewoodDrive Sllite 501 Naples, Florida 34108 Tel. (941) 514 -100) Fu (941) 514 -0377 "j:' Boaro Caufiod Bllsine,. Lingation ^nrrne~ . Baud Cet'tlfud. Ci~il TruJ Atl.Omo::y . . BOU<! Catifiod Real Elute ....aomey t Board Ccro:fJod Willi. T"'." &0 E.<wes Anomey . LL.M.lTu) o OfCo,)Un.1od November 13, 1997 Mr. Richard Bray Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400 RE: File Nos. 113049919 and 0128463-001-JC Dear Mr. Bray: I am a resident of the Seagate subdivision in Naples, Collier County, Florida. As a Board Certified Civil Trial and Business Litigation Law attorney, I have had experience in eminent domain matters, and have been following the course of the permit applications referenced above. ~ residents encourage your promptaI1<i_p()si~ve aJlIlIOval of these~~rrnit applications in order to all~viate the mangrove death rate and improve both waterflow and water quality in Clam Bay. However, I, along with all Seagate residents, am troubled by your staff recommendation concerning an addendum which would attempt to restrict boating rights on this navigable waterway. Please be advised that any effort to prohibit motorized boating activity, even temporarily, will be treated as a taking of riparian rights of the Seagate property owners, thus exposing the taking authority to liability in amounts equal to just compensation to Seagate property owners for the loss of their property rights, along with the property owners' attorneys' fees and costs. It is unfair to single out the modest boating activity of the Seagate property owners as a source of "copper, cadmium, zinc, hydrocarbons (PABs), oils and greases, dissolved oxygen, total nitrogen, total phosphorous, and total and fecal coliform bacteria". I doubt very seriously that you could ever establish as a factual matter any connection between Seagate property l~) John C. Norris District 1 Timothy L. Hancock, Ale? District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie Drstrict 4 Barbara B. Berry District 5 !?iJo-a/'a cY~I!t'e/' ?fj~tt/2-t,p 6CJ/72/??t3jtOac:/,j 3301 East Tamiami Trail" Naples, Florida 34112-4977 (941) 774-8097' Fax (941) 774-3602 November 25,1997 !'vir. Jeffrey D. Fridkin Grant, Fridkin & Pearson, P.A. 5551 RidgevvouJ Dr., Suite 501 Naple FL 34108 ( ( Dea~ Mr. ' J '~: Tha ou for the courtesy copy of your letter dated November 13, 1997 to Mr. Richard Bray of the Dcpartment of Envirorilllental Protection concerning permit applications to alleviate the mangrove death rate and improve waterflow and water quality in Clam Bay. I strongly support your position on this matter and have taken thc liberty of forwarding a copy of your letter to Mr. Bill Lorenz, County Natural Resource Director, for clarification as to where we stand on this issue. I request that Mr. Lorenz forward to my office a courtesy copy of any correspondence he may have with you concerning this matter so that I may be kept abreast of the situation. Again, thank you for bringing this matter to my attention. IfI can be of any assistance to you concerning this or any other matter, please don't hesitate to contact me. Sincerely, Pamela S. Mac'Kie Commissioner, District 4 PSM:vgr cc: Bill Lorenz DA V1S & DAViS, P.C ATTORNEYS AT LAW 180 WEST 80TH STREET SUITE 218 NEW YORK, NEW YORK 10024 TEL (212) 721-8000 FAX (212) 721-8321 ERIC LVI. DA VlS'" JOYCE A. DAVIS'" :\fEW JERSEY OFFICE 352 WALL STREET PRINCETON, ~'.J 08542 TEL (609) 6R3-064~ F,\..e'\ (6U9) 6SJ-OO()() MERRILL R. COHE..i.'\Jo ERIC J. KLOPERH I FELL'( NlliAMIN* DA VID I-IAZOURlo JONATI-lAL'I A. ZALKL"{* O(JEENS OFFICE ... MEMBEROFNY&NJ o MEMBER OF NY **1\'mIvlBER OF NY, NJ .so: CA 63-95 AUSTIN A VENUE REGO PARK, N.Y. 11374 TEL (718) 8311-0525 FAX (71~) S30-(j(;65 December 8, 1997 Martha Dykman 5040 Seashell Avenue Naples, Florida 34103 Re: SPOA Dear Martha: Kindly accept my apology for not contacting you sooner. As you are aware, I am the principal of a law firm with several offices in the Northeast. Most notably my specialty is in Real Estate and I am considered something of a resident expert in Manhattan. In fact I have been a consulted expert for the Real Estate section of The New York Times for the past six years and have appeared in The Times as a consultant on over fifty occasions. Based on business issues, I have been unable to compose this letter to offer the Seagate Property Owners Association my participation. Happily, I am now able to offer my services in any way needed. Prior to discussing where I believe my efforts would be most productive, I would like to explain the circumstance of my interests of 5139 Sanddollar Lane. On or about June,1996 Mark Seeftook title to the property from David Debruin. Mr. Seef and I are equal partners in a variety of real estate including 5139 Sanddollar and our intent is to take advantage of high season rental with our occasional use when the property is not rented. Mr. Seef is married to Sheryl and has a beautiful daughter named Abby. I an1 also married. My wife's name is Joyce and we have a one year old daughter named Jessica. A review of the letter head reveals that my wife is also an attomey although her specialty is litigation. Martha Dykman December 8, 1997 Page -2- We generally use the property for short stays in May, September, November and/or December. , , While I realize that our use may not coincide with the socials planned by the association, I would be interested in serving on a legal committee or acting in any way useful to the association. !vIr. Seef is a building contractor from Chicago and despite the level of my skills, I routinely rely on his insight in making decisions impacting real estate. Nonetheless, we are in agreement with the positions the SPOA has taken regarding Clam Pass and although I am not licensed in Florida, my general experience should prove valuable to the SPOA relative to revicw and discussion of strategics, use of legal counsel and formulation of alternatives. In any event, I am happy to send this belated letter of introduction and look forward to hearing from you in the future. Wc will be back aftcr Christmas and through New Year's and would be happy to speak with members ofthc SPOA at that timc. For your rccords our local number is (941) 262-7881. If you have any questions, please contact me at your earlicst convenience. EMD/da Saye the Bays Letter . January 6.1998 Page 2 If vou klllow the recommendations/ guidelines I sent you in the October 21 ,I pacle!. this should , ~ give you an accurate assessment of the water quality in your watrrbodie,. 2) What is DEP's position regarding boating rights in the Clam Bay system? Response [)j:!,.5jJ2~itl()n rern<l~nstl~e.same We d~_f1ot~vlshtC\t"-ke_awayany .e:sl?ling boating rio-hts or mivio-ational abilities that are occurring now in these Duldlc. waters. IL,mything. it IS ~ ---- ::, _ ----~------- -~----------- -~--~~---l.o:...- . ._._,~"- __,_ I~kely t~at by conductingl~".proposed_rtr"cJging. b()a~~'2ZaclC~ssi~iltt and navigability of the . -sJ:lallo", wate~s.j~t.~~SLtr!.LB~Lsys.rem will be enhanced Tr,iS IlkeiiholJd should be most welcome to the residents of SeauJ.te and other boaters. Hown'er. tlom an envi[onmental ' _ _ b _ ~ _____~----- __ _ _____ ____~ ~ perspecl1.ve. there i~ fhe potential of adverse impacts to the nnlralresQuj".ITs\\ ithln the bay :S)~St~~ (mangroves, seagrass<es. manatees, sea turtles. water ljuality. de. .) fr~m an increase in .boating usage vIa' prop dredging and contaminant input ISp;IL'le!.l,KltJg fuels, .oils. greases. - -- ---- cadrnlum. zinc, fecaLrnaterial. ere) T6ciddiess thisconcen,:bEP \V ill mostflkelyrecommend thaU.l1~.r:esources_~E-d ,vater 'luaJityof.tile bax~!~["ITlbeDon1l0"~oasse_ss the impacts. if any, the project has. Mandatory corrective -acii(),,-s_\Vdlb~.reguirecJ!n thepermltl the monitoring . reveah.adverse impaclS from a potential increaseJn_boa1112~I]sag~ Ill' the bay system. 3) What is DEP's position regarding the replacement of In'. Seag,'le culverts with one-way flap gated culverts? Response: DEP engineers are satisfied with the calculation, submlltcd by David Tackney and -~-'----- .--------------------.------ ----- - .._m _ _ _ - " Bo.b Crawford that ocmonstrate that installation oftheo.ne-wa, cu!\,ns will have no :,irynificant ----- ------.----------------.---------~-------------- _ ' _ _ __ __ I:;) .imEacI.'lI1__the _~ydrodynamic forces .01' Venetiari.-Eav' o. r.D.,)c..I.oi...sPass. Therefore, the - ---' . -------.-------- ---~ -.--- --- -,-- -------"---- -... - - -- Depanment can proceed with a recommendation for approy;.! fGr. thIS segment of the project. There does appear to be some potential benetlt expected via poss:"le enhancement of the water quality in Venetian Bay. and decre:.!sed need for dredging i , CI:1L1 Pass due to increased ebb flow. I hope this information is helpfuL If I can be of furthel' :.!ssi,t:rnce. feel free to contact Ille at the address on this letterhead. or by phone at (850) 921-5214 Sincerely. " \> ;' ,1;}) ,\ '\> ,C,-, - r' -f\''I'' <-.. _ /\/ v.' [ \;,' -::, ,\ \~f~"", v l? ,1<._ ,---~ \) / COLLIER COUNTY GOVEfu"JMENT COM;\lt INITY DEVELOPMENT AND ENVIRONMENTAL 81RVICES DIVISION HEALTH/COMMUNITY SERVICES BLOC;. 330 IE. TAMIAMI TRAIL N /\PLES, FL 34112 Buildinb Rc\i~w and Perllliuing (94!) (i43-~,j()O (~()dc Enfo[c,'m<:::n t (94 t) 643-R.l40 Huusing and Urnan 1~provtmenr (941) 6"13-8;'30 Natural Resources (941.) 732-2505 Plannillg Services (941) Mj-8300 POllU(jOll ComruJ (941) 732-2502 A CERTIFIED BLUE CHIP COMMUNITY January 26, 1998 Mr. Jeffrey D. Fridkin Grant, Fridkin & Pearson, P.A 5551 Ridgewood Drive, Suite 501 Naples, Florida 34108 RE: Clam Bay Restoration Permit Dear Mr. Fridkin: Thank you for giving me the opportunity last week to discuss with you the proposed Clam Bay Restoration Plan and, more specifically, its implication for Seagate property owners' boating activities. The Collier County Natural Resources staff agrees with your concern about the possibility ofFDEP restricting boating rights in the Clam Bay system. We believe that the current ~d!:-Speed designation is properly justifiec1.~l1d _Sl,!~t to protect the system from boating activities. -------.. -__ ___ _._ H' ,--------~~-- _ JDEP. however, has indicated that..fut:!l1~~~t.ep.s.~()uld Il.ewarr:.::n!e.dif)the futllre if significant , . ." , - I. .^ db" 1 .b L' ___ a,!.~~se nnpacts tq tIle Jl.~tur;:li i ~source~__dna \-v'liter qi.la i~'y are rom)" to e Gi~ect_lyattn utal.)H~ to . _tlJ~use .of ~oto.ri.2:e~ boats. As' y'Ou'and I discussed, the probabilityof tIushappening is very low. Even so, I still expect that FDEP will address this situation in a special permit condition. ~mit condition itself will not immediately restrict boatin~L<ls~i",ities. w',e must, however, Pia per~design_a ~ni!.oring.p.r:Qgr:am s() .!.l1aL'-Ye::~o~l1o.!.Jlfoclll(;e~ani "f~lse-i)o.sitives" (i.e. attribute water quality violations to boating activities when other sources may be the cause of the problem). We will be working with Ted Brown, the project manager for the Restoration Plan, to develop the specific steps to implement the anticipated special condition once the permit is proposed. Mr. Jeffrey D. Fridkin January 26, 1998 Page 2 " rfyou have any further questions, please call me at 732-2505. J~<~~~. William D. Lorenz, Jr., P.E., Natural Resources Director cc: Pamela S. Mac'Kie, Commissioner, District 4 Vincent A. Cautero, AlCP, Administrator, Community Development & Environmental Services NRD File: Beaches C-25 Sutj: Cl&rn E..." conC2ms Date: 611/013:51:06 PM Eastern Daylight Time From: MacHatcher@colfiergov.net (hatcher_m) To: rdykman2@ao/.com ('rdykman2@aol.comJ CC: lMlliamLorenz@colfiergov.net(Jorenz w) ... .. . . Mrs. Dykman Thank YOU fer bir.ging these issues up for discussion. 8i11 contacled Murdo Smith, Parks and Recreation yesterday. He called me this mcmlng to let me know he is actively lcoking into these CCllCa11S. He indicated that the wires were telephone wires and he 'MJU/d get someone to locate the trash and remove it Parks and Recreation will consider the need for 'I\GIl1ing signs and attention to the phone JInes. If you have any specific infcrmation he may need to consider P/e::iSe feel free to contact me ar.d I will send it on to him. I do not think he will have time to re$pCfid pier to your meeting Monday. Mac Hatcher Environmental Specialist " Collier County Natural Resources Department 3:301 Tamiami Tr:ajl East, Bfdg H Naples, A 34112 (941)732-2505 f~ (941)774-8282 machatcher@colliergov.net He<lders Retum-Path: <MacHatcher@coIliergov.net> Rewive(j:Jrom f1y-yeQ5.mx.ad.com (f1y-ye05.mail.ad.com [172. 18.151.202J) by air-Ye03.maiLaoLcom (v77J1.37) with ESMTP; Fri, 01 Jun 2001 15:51:06.{)4(J() Received: from ~.bcc.co/liergov.net (mail.co.collier.f1.us [207.30.98.133]) by f1y-ye05.mx.aol.com (v77 J1.36) 1M1h ESMTP; Fri, 01 Jun 2001 15:50:48.{)4(J() Received: by cww1.bcc.coIliergov.net with Internet Mail SelVice (5.5.2653.19) id <MAN5D6KM>; Fri, 1 Jun 2001 15:49:39-0400 Message-lD: <541334487 458A7 :45832D6503AFOB7E71A3038E@CWN1.bcc.coIliergov.net> From: hatcher_m <MacHatcher@coIliergov.nel> To; '"rdykman2@aol.com'" <rdykman2@aoLcom> Cc: lorenz_w <Wllliaml~coIliergov.net> Subject: Clam Bay concerns Date: Fri, 1 Jun 2001 15:49:38-0400 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2663.19) Content-Type: text/plain; charset='~s0-8859-1. . Friday, June 01, 2001 America Online: RDYKMAN2 JSuti: lCat~: Frcm: 0: 1'<2: Clcm &ly ccr='n"'s Ei1iU1 4:23:18 PM Eastern Daylight Time [)ear Mac, Thank you for v.cmr1g on my t:ehalf. The Pass itself is such a narrow one and so maw oecrle are usingJt ~1l recreation. C!f"ea that in many \\eYS "'" --.. --..- _. ,-.- ._---.-..--....__ . ..--c-,--,~__~____...__..-_.-.-._c.-..-__~,___ it is very dar.gercus. V~ small clJildreriare sWnlmlll{ll'!l! Wffi stong tides al1d~E!c8@ ~flg.lt<lSa ~Usbir~ S>JOt a1!d then Wl€ll 'lire liy to leave or return in our 17fll:oel 1M! are IIying 10 navigate around all of this . Often -Mth our f:rop half up and of coorse the ttJe tide is pushing us so neOOless to S3y __ feel it to be a very unsafe area 135 people den'! realize that beats do not have the same steering ca~lies as a car are ernlces ejttJer. Also j::eOple are walking way 00ck in the mar.groves and rompng lhe tiack mangrove roots and dimbing on the trees fer diving and making lhe Il1af1Qroves brea~ or become uprooted and fall in ttJe W3ler. . Maybe you cr atIler staff shOt.4d come and view all of lhis on a v.eekend and yeu can see fer yourself that some dlar,ges need to be made. The people in our neighCortlccd use no 'lYake speeQ ar.d are very cautious and ~odl;lting to a1llhe peope IIying to enjoy the booch, Cut ttJe Pass should not be a play area for good reasons. Thank you fer a quick resrxnse, I hope to hear from yeu again soon. Most sincerely, Martha Dykman, Pres. of Seagate Prop. OIM1ers . Friday, hme 01, 2001 America Online: RDYKMAN2 -. ~"' -,--~ -~\ "<.7- .-<<, \ rD ~A COLLIER COUNTY GOVERNMENT '~d COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION , , HEALTHlCOMM SERVICES BLDG. 3301 E. TA.iVIIAIvlI TR Nlu'LES, FLORIDA 34112 February 9, 2000 Dr. David Buser 5187 Starfish Avenue Naples FL 34102 RE: Dredging and Navigation Channels Dear Dr. Buser I am writing in response to your inquiry about the dredging and installation of navigation markers in the Clam Bay system. Clmn Bay is not the type of area that the Collier County Natural Resources Department considers for the installation of a navigation channel. When siting a new channel marking project we look for criteria such as (but not limited to) boating safety, heavy boat use, environmental impacts, adequate water depth, channel stability, and access to the public. The Clam Bay system ranks very low in all our siting cri teria. The Clam Bay InletMamge:m.~Ilt Pla~d()cll!11enJi;small boat use but defiI1e:~Jhearea as :~_no!1:rl~.yTi!~-AMiti()n;-l!y"ther~J~.'Isonservatio~~~si.ITle.rit.Q1<ltlioNbits the installation of pilings and signs in the system (with the exception of warning signs - required by the dredging permit, 0128463-00 I-JC, that state "caution - shallow water and natural resources present - tilt motor to prevent prop darnage -- subject to fines ch. 370 . F.S.). Dredging in Clarn Bay is also prohibited except at the PassJo_~<1iptain a connection to the GulfofMexico. . . '-..-----... '-.. --------------- .-~-_.~~-- I have attached a copy of the conservation easement as you requested. If you have any questions feel to contact me at 732-2505. Sincerely, ~-~ Doug Suitor, Sr. Environmental Specialist cc: James P. Ward, Administrator, Pelican Bay Services NRD File: Clam Bay (1 )/rJ ~ tv IU'I~' J~;) ~qltf);GJ1- . s>]-{/-Ju4 Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403.2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 I VV I VI I 1,-<'1-- 1,...".....,... V-....VIJ.!', NAPLES, FL. 34108-0044 Fhcne 263-1907 Fax 263-1907 October 30, 2002 , , Mr. Kyle Lucas and Mr. Jim Ward Pelican Bay Service Division 80 I Laurel Oaks Dr. Naples, Fl. 34108 Dear Kyle and Jim., I am writing to you today on behalf of the Seagate Property Owners Association, as their President The reason that I am writing to you is because) was told by Bill Lorenz from Collier County, t1J<lt_~in""tl1e . Pelican Bay Service District holds the dredging permit for gam Bay that our neighborhood needs to receive permission from the taxing district in order assess some problem areas in the lower Calm Bay channel. that possibly need dredging . The first large dredging project stopped about 100 feet south of the Clam Pass boardwalk and there are two specific areas that are very shallow. Also we have noticed that some of our canals are filling in and we are not getting the flushing action that we have had in previous years. I have called Hnmiston and Moore Engineers to discuss hiring them to do the engineering in these areas, however they also would like approval from the Taxing district before they can study the problems that we are having. Our neighborhood is planning to pay for the engineering services as well as the spot dredging as may be approved by DEP. Will you please put this item on the next agenda for the Taxing board, we will be glad to appear and show on a map the areas of concern to us. If you have any questions you may call me at 263-1907, it is also myFax number, Eroail is RDykman2@aoLcom I look fOrw.lfd to your response. Sincerely, ~~~ Martha Dykman, President of Seagate property Owners Assoc. cc: Mayor Bonnie Mackenzie Dr. John Staiger Mr. Lou Vlasho Mr. Richard Laughlin Mr. Bill Lorenz Mr. Mack Hatcher . friendsofclambay: Message: Re: [friendsofclambayl Re: manatee at marker #17 Yahoo I More My Yahoo I Mail Make V! My Homepage YA:E:OO' GROUPS Hi,m Sign Out rtelp ..tft.wtltttM~ Group Owner - f~JI' ~. sleeplezzone < sleeplezz@mac.com 1- ol,'d'-" ['-;-;'0,,,+,,' ';dt3.D.l':'<' c-';.'ir-,(Ji'lq ':all,n(18r '(1",;]1''-" hi,,"';)" '01'\ Groups Labs (Beta) A.pplicatlof1s Yahoo! Groups Tips Did you know." Message search Is now enhanced, find messages faster, Take it for a spin. Best of Yl Groups ........ ""': Check them .~, .... ~ out and , nominate your group. Search for other groups.. r'.'1essayes Messa ge # Go Search: manatee at marker #17 Reply! F--c)f"c\''O rj I Dpi"~T' Rt': rfri('ndl'lofchuubll.Y] R<.': ItlHllak(' Ht nUH'k('t'. #t'7 OnAu~ 20, 2008, at 10:;13 PM, Bob Naegele, ,Jr. wrote: God is at peace with the world In Clam 8" From: friendsofclambay@yahoogroups. com {nlailw:triencisoiciambay@yahoogroup s.com] On Beha" Of marcia Sent: Wednesday, August 20, 2008 2:38 PM To: friendsofclambay@yahoogroups.com Subject: [friendsofclambay] Re manatee at marker 117 --- In hiC:llds"klal1lh;J\'d" all,)(lf'-nnll'" com, "aJ1ritas" <artritaS@...>wrote' > > Folks, > A little over a month ago I was paddling slowly on the canoe/kayak > trail and spotted a 9 foot manatee around marker # 17. I turned and > paddled back to the bridge while the manatee swam a few feet from me > rising and aspirating every so often, then submerging. We seemed to be > in harmony, together on a gentle trip, coIlllected to our natural > environment > > Cheers, > Art Ritas > Dear Bob Naegele Jr. Thanks for a lovely word picture of Clam Bay. Kay Potier c==J Forward I Delete 1/20/098:26 AM Search WEB SEARCH -oLd.~;; T'I r,1y c',~;'--il_' S~~!~~_l Search ')r;" '_'_~':;iJlJ'" Message #9 of 44 f'I(' '\:''''\' Thu Aug 21, 2008 11:32 am She,\" ~"\e ';,,>1\]' :Jptl"'- Kay Potter <:akpotter01@comcastnet:> a\.;pott2 Offline :O:,e:ld ElTli'li' p_F"\)O'ie i-'utllO( I Ba!' "U!lIUi Message #9 of 44 < Prev I Next> http://groups.yahoo.com/ group Ifriendsofclambay I mes sageJ9 Page 1 of 2 COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Blvd.' Naples, Florida 34116-6601 (239)-213-2966' FAX (239) 353-4061' http://www.colliergov.net April 21, 2008 FLDEP 2295 Victoria Ave. Suite 364W Ft Myers, FL 33901 RE: Exemption Application for Rule # 40E-4.501 (7) To Whom It May Concern: Collier County Coastal Zone Management Department has recently filed an application for the construction of a new waterways channel in the Clam Bay area. This application has been sent and is pending approval by the U.S Coast Guard. The waterways channel will consist of twenty eight green (28) and red dayboard markers, five (5) "Idle Speed No Wake" and five (5) Informational markers. Please find attached a copy of the original application to the U.S. Coast Guard, and map ofthe proposed channel and section A of the NGP. This letter is being written by Collier County to request an Exemption Permit through DEP under rule #40E-4.051. If you have any questions or need additional information regarding this application, please call Pamela Keyes at 239-252-2980. Thank you for your assistance with this request. Sincerely, Pamela Keyes Environmental Specialist Birds of Clam Pass and Pelican Bay Principle Contributors: Mary Boland, Tom Cravens, Tim Hall, and Judy Johansen 1120/09 Common Bird Names-Pelican Bay Scientific Name American avocet American Coot American kestrel American oystercatcher Anhinga Bald Eagle Barred owl Belted Kingfisher Black Skimmer Black Vulture Black-and-white Warbler Black-bellied Plover Black-crowned Night Heron Black-necked Stilt Blue Jay Blue-gray gnatcatcher Boat-tailed Grackle Brown Pelican Brown Thrasher Budgerigar Caspian Tern Cattle Egret Chuck-will's-widow Common Grackle Common Ground-Dove Common Moorhen Common nighthawk Common snipe Recurvirostra americana Fulica americana Falco sparverius Haematopus palliatus Anhinga anhinga Haliaeetus leucocephalus Strix varia Megaceryle alcyon Rynchops niger Rynchops niger Mniotilta varia Pluvialis squatarola Nycticorax nycticorax Himantopus mexicanus Cyanocitta cri stata Polioptila caerulea Quiscalus major Pelecanus occidental is Toxostoma rufum Melopsittacus undulatus Hydroprogne caspia Bubulcus ibis Caprimulgus carolinensis Quiscalus quiscula Columbina passerina Gallinula chloropus Chordeiies minor Gallinago gallinago Common Tern Common Yellowthroat Double-crested Cormorant Dowitchgear Long-billed Dowitchgear Short-billed Downy Woodpecker Dunlin Eastern Screech Owl Eurasian Collared Dove European Starling Fish Crow Forster's tern Glossy Ibis Gray Catbird Great Blue Heron Great Crested Flycatcher Great Egret Great Horned Owl Greater Yellowlegs Green Heron Green-winged teal Herring Gull Hooded Merganser House sparrow Killdeer Laughing Gull Least sandpiper Limpkin Little Blue Heron Loggerhead Shrike Sterna hirundo Geothlypis trichas Phalacrocorax auritus Limnodromus scolopaceus Limnodromus griseus Picoides pubescens CaJidris alpin a Megascops asio Streptopelia decaocto Stumus vulgaris Corvus ossifragus Sterna forsteri Plegadis falcinellus Dumetella carolinensis Ardea herodias Myiarchus crinitus Ardea alba Bubo virginianus Tringa melanoleuca Butorides virescens Anas crecca Larus argentatus Lophodytes cucullatus Passer domesticus Charadrius vociferus Leucophaeus atricilla Calidris minutilla Aramus guarauna Egretta caerulea Lanius ludovicianus Magnificent Frigate bird Mangrove Cuckoo Merlin Mocking Bird Mottled Duck Mourning Dove Muscovy Duck Northern Cardinal Northern Gannet Northern Parula Northern Waterthrush Osprey Painted Bunting Palm Warbler Peregrine Falcon Pied-billed grebe Pilleated Woodpecker Piping Plover Prairie Warbler Purple gallinuie Red Knot Red-bellied Woodpecker Red-breasted merganser Reddish Egret Red-Shouldered Hawk Red-tailed Hawk Red-winged blackbird Ring-billed Gull Robin Roseate Spoonbill Fregata magnificens Coccyzus minor Falco columbarius Mimus polyglottos Anas fulvigula Zenaida macroura Cairina moschata Cardinaiis cardinalis Morus bassanus Parula americana Seiurus noveboracensis Pandion haliaetus Passerina ciris Dendroica palmarum Falco peregrinus Podilymbus podiceps Dryocopus pileatus Charadrius melodus Dendroica discolor Porphyrula martinica Calidris canutus Melanerpes carolinus Mergus serrator Egretta rufescens Buteo lineatus Buteo jamaicensis Agelaius phoeniceus Larus delawarensis Turdus migratorius Platalea ajaja Royal Tern Ruby-throated Hummingbird Ruddy Turnstone Sanderling Sandwich Tern Semlpalmated Plover Snowy Egret Spotted Sandpiper Swallow-tailed Kite Tri-colored Heron Turkey Vulture Western Sandpiper White Ibis White Pelican Willet Wood Stork Yellow-bellied Sapsucker Yellow-crowned Night Heron Yellow-rumped Warbler Yellow-throated Warbler Sterna maxima Archilochus colubris Arenaria interpres Calidris alba Sterna sandvicensis Charadrius semipalmatus Egretta thula Actitis macularia Elanoides torticatus Egretta tricolor Cathartes aura Calidris mauri Eudocimus albus Pelecanus erythrorhynchos Catoptrophorus semipalmatus Scolopax minor Sphyrapicus varius Nyctanassa violacea Dendroica coronata Dendroica dominica Table of Contents 4.0 5.0 Table of Contents.............. . . . . . . . . . . . . . . . . .. ... i 1.0 Introduction .......... ............. ................. 1.1 Development of Clam Bay.......... ... . ............ 1.2 Seagrass Mapping ............... ...................1 ..........1 ...........................................3 2.0 Methods ............. .............. .................... ............... ............................. ................ .. 7 2.1 Task 1 - Kickoff Meeting and Stakeholder Interviews ....................................................... 7 2.2 Task 2 - Data Collection on Depth Distribution of Seagrasses and Potential Water Clarity Goals for Clam Bay.......... ............... ................. .................................. .. 7 2.2.1 Seagrass Sampling ................. ................................................................ 7 2.2.2 Water Quality Sampling .............. ..... .........................................................8 2.3 Task 3 - Development of Estimated Freshwater and Pollutant Loading Estimates for the Clam Bay Watershed.... ......................................... ..........................9 2.3.1 Model Development...... ............................ ..................................9 2.3.2 Major Watersheds .................................. .............. .............11 3.0 Results ..................... .................. ..... ................ ............... ...... ............ .......16 3.1 Seagrass distribution ................. ........................ ..................... ............. ..................16 3.2 Water Quality. ............................................... ................ .........................23 3.2.1 Based on the data collected, what were the general water quality conditions in Clam Bay during our study? ............................................. ......25 3.2.2 What water quality parameters (i.e., turbidity, phytoplankton, and "color") best explain differences in water clarity? .......... ................................. ...... ..25 3.2.3 Which nutrient, nitrogen or phosphorus, best explains differences in phytoplankton abundance? ..................... .................................... .... 26 3.2.4 Are our conclusions in.line with prior assessments of water quality in Clam Bay?............................ ............ ............ ..................... ............... .......... 28 3.3 Pollutant Loading Model...... .............. .........................31 3.3.1 Net Pollutant Loads ...................... .................... .............................33 Conclusions and Action Plan ..36 References .....40 PBSf Clam Bay Seagrass Assessment DRAFT October 2007 Contents List of Figures Figure 1.1 Figure 1.2 Figure 1.3 Figure] .4 Figure 2. ] Figure 2.2 Figure 3.] Figure 3.2 Figure 3.3 Figure 3.4 Figure 3.5 Figure 3.6 Figure 3.7 Figure 3.8 Figure 3.9 Figure 3.10 Figure 3.] 1 Figure 3.12 Figure 3. I 3 Figure 3. 14 Figure 3.15 Aeria] Photo (circa] 940s) of Clam Bay and immediate watershed .................... ] Aeria] photograph (2006) of Clam Bay and immediate watershed...................... 2 Spatia] extent of seagrass meadows (dotted areas) as reported in the Collier County Seagrass Protection Plan (1992). ................................................. 4 Spatial extent of seagrass meadows (striped areas) as reported by Collier County Seagrass Inventory (1994). ...................................................................... 5 Pollutant Loading Flow Chart ............................................................................10 Overview of Clam Bay, with sub-basin boundaries used for the pollutant loading model. .....................................................................................1 ] Potentia] sample sites in Clam Bay.................................................................... ]6 Presence (green) and absence (red) of seagrass from visited sample sites in Clam Bay. .....................................................................................17 Location of "reference sites" within the Dollar Bay / Gordon Pass areas. ........19 Seagrass presence in two "reference sites". ....................................................... 20 Seagrass (green) and oyster (pink) coverage in southern Naples Bay in ] 953 (image from City of Nap]es). ....................................................................21 ]952 aerial photograph of Clam Bay (from Antonini et al. 2002). .................... 22 Locations of visited water quality stations. ........................................................23 Water clarity (Secchi disk depth) vs. turbidity (NTU) for all stations combined for Clam Bay. ....................................................................................26 Chlorophyll-a vs. total nitrogen for all stations combined for Clam Bay. ......... 27 Ch]orophyll-a vs. total phosphorus for all stations combined for Clam B~ .......................................................................n Comparison of average TN concentrations for this study (blue bars) to previous data (green bars). ................................................................................. 29 Comparison of average TP concentrations for this study (b]ue bars) to previous data (green bars). .................................................................................29 Total dissolved solids over the period of record at station W-]. Solid line is moving lO-point average. ............................................................................... 30 Total nitrogen over the period of record at station W -1. Solid line is moving] O-point average. ...................................................................................30 Tota] phosphoms over the period of record at station W -1. Solid line is moving] O-point average. ...................................................................................31 PBSf ji Clam Bay Seagrass Assessment DRAFT October 2007 Contents List of Tables Table 2.1 Table 2.2 Table 2.3 Table 2.4 Table 2.5 Table 3.1 Table 3.2 Table 3.3 Tab]e 3.4 Table 3.5 Table 3.6 Braun-B]anquet seagrass coverage method. ......................................................... 8 Sampled water quality parameters for Clam Bay sites......................................... 9 Current and historic land use / land cover by category for the Clam Bay watershed. ................................................................................. ...12 EMC values for total nitrogen, total phosphorus, and total suspended solids (values in mg / liter). ................................................................................ 14 BMP Removal Efficiencies (TSS, TN, TP)........................................................15 Water quality results for selected parameters for 5 stations in Clam Bay. Data are means of n = 6. "Fla. Median" = median value for Florida Estuaries. "Fla. 10% Rest" is value below which are the best ]0% of estuary values. "Fla. 10% Worst" is value above which are worst 10% of estuary values. "NA" = not avai]able..........................................24 Total dissolved solids (TDS), TN and TP from station W-1..............................28 Historic and current conditions nlnoff (acre-feet / yr) by subbasin. ............ .....32 Gross Historic, Gross CUlTent, and Net Current TN loads (pounds / per year) for Clam Bay subbasins. .. ........... ....... ......................................33 Gross Historic, Gross Current, and Net Current TP loads (pounds / per year) for Clam Bay subbasins. ........................................................................... 34 Gross Historic, Gross Current, and Net Current TSS loads (pounds / per year) for Clam Bay subbasins. . ............................................ 35 PBSf Clam Bay Seagrass Assessment DRAFT October 2007 Hi 1.0 Introduction 1.1 Development of Clam Bay Clam Bay is an important natural feature in Collier Connty. Recent reports have indicated that Clam Bay is expelieneing losses in seagrass coverage, which has led to concern among the public that one of the more picturesque natural featnres of western Collier County is in danger of being seriously degraded. The Clam Bay watershed, like much of Collier County, has experienced dramatic changes over the past 60 years. In the] 940' s, there was little evidence of human modifications to Clam Bay and its immediate watershed (Figure 1.1). Figure 1.1- Aerial Photo (circa 19405) of Clam Bay and immediate watershed In contrast, more recent aerial photography clearly shows modifications to both the Clam Bay shoreline and the dramatic changes in the watershed (Figure] .2). PBSf Clam Bay Seagrass Assessment DRAFT October 2007 Introduction Figure 1.2 - Aerial photograph (2006) of Clam Bay and immediate watershed Modifications to the Clam Bay system include the constnlction, in ] 958, of Seagate Drive, which severed the previous tidal connection between Clam Pass (to the north) and Doctors Pass (to the south). A scries of culverts were put in place in ] 976 to alleviate this condition, but it appears that their effectiveness was perhaps minima], and up raded features were necessary for them to incre~sc tlushing pr~]J~rly (Antoniniet aI. 2.992).. '. .' . . jllf ;;~i;t,fi~:igp,;;YJ'~lll'i~~~~~~~I1~[~~JlIi1ll.. Prior studies in similar lagoonal systems in . Southwest ~rida su~t increased urbanization brings abont increased freshwater inflows and substantial increases in nonpoint sources of both nitrogen and phosphonls (i.c., Lemon Bay - Tomasko et aI., 2001). Tn the early 1990s, an area of mangrove die-off of approximately seven acres was discovered in Upper Clam Bay, north of Clam Pass. By thc mid-1990s, the area of die off (affecting mostly black mangroves) had expanded to approximately 50 acres. In response to the die-off, Pelican Bay residents acquired the service, of a series of consultants to develop a plan of action to remediate the mangrove loss. Tn the meantime, various intennediate measures were pcrformed, including the dredging of Clam Pass in April of ] 996 and thc clearing of several channels by hand evacuation in August and Novembcr of 1996 (Conservancy of Southwest Florida 1997). PBSf 2 Clam Bay Seagrass Assessment DRAFT October 2007 Introduction Based on assessments of water quality data collected by Collier County Environmental Services and the Pelican Bay Services District, there did not appear to be evidence that mangrove mortality was caused by elevated levels of any toxic chemicals, nor did the data suggest changes in nutrient concentrations would have been a likely factor in die-off. Instead, the conclusion was reached that die-off was likely due to excessive freshwater input to the system from the adjacent developed uplands and an inadequate dispersion of the increased freshwater input due to severely constricted tidal channels in the mangrove forest. As a resnlt, the mangrove forest became inundated with water ]evels higher than the tops of the black mangrove pneumatophores. The duration of increased water leve to kill the tress by blocking ox e to the below ground tissues. The management component of the Clam Bay Restoration and Management Plan consists of four major activities: I. Retrofitting of the culverts under Seagate Drive with flap gates, such that flow only goes north. 2. Redredging of Clam Pass. 3. Excavation of tidal connections in interior portions of Upper Clam Bay. 4. Development of stormwater best management plans for on-site retention of water from sUlTounding development. 1.2 Seagrass Mapping Existing results from ongoing seagrass mapping efforts . T. Hall, personal communication) suggest that coverage of this important . .' ~'It has also been suggested that a more precipitous decline in coverage occulTe between ''"T99i and I 994. The reported seagrass decline in thc early 1990s is mostly attributed to results listed in two mapping projects, both conducted by Collier County. In the first report, the Collier County Seagrass Protection P] coverage in Clam Bay was eq. . . contains one of the densest an coverage of seagrass meadows, as reported in Figure 1.3. ncluded that seagrass :: hat "Outer Clam Bay seagrass beds in the County." The spatia] the 1992 Sea grass Protection Plan is shown in PBSf 3 Clam Bay Seagrass Assessment DRAFT October 2007 Introduction Figure 1.3 - Spatial extent of seagrass meadows (dotted areas) as reported in the Collier County Seagrass Protection Plan (1992). - 1 " I . , , , f , , I J I , :. ..;:P... "'" ~ ",,0\..1 i oA _ \ I ..... I . - c:. - ~ - 01 .' 'I;; .~~";:jiJN~;~j,!'l"v';,l\:""""A~ tj;'ffiappe"(1'!seiigrli'S"S~c(')verageliin'tolat'n . hres""'l'."\' "'r_....."'.c...Ctoc"...i:.~f :ti"'~,"'+..:Xtt.1<;;.: . ~"'~.' . . -- _ " - -- ,,,,~,;it~.~..illi;'AiI:' _ _ ";;;:;.,,,~, . PBSf 4 Clam Bay Seagrass Assessment DRAFT October 2007 Introduction Figure 1.4 - Spatial extent of seagrass meadows (striped areas) as reported by Collier County Seagrass Inventory (1994). ~ If the mapped seagrass coverage estimates from these two reports were accurately reporting the tme acreage of seagrass meadows, a decrease in coverage of more than 80 percent occurred in the early 1990s. This would be a more precipitous decline than was documented for Tampa Bay during the time period of the 1950s to the early 1980s (Tomasko 2002). In response to these concerns, the Clam Bay Working Group contacted PBS&J to conduct a study to determine the following: . What is the extent of seagrass resources in Clam Bay? . How has seagrass coverage changed over the recent past? . What are the most likely factors associated with recent declines? . How have freshwater inflow and nutrient loads to Clam Bay changed over time? . What actions might reasonably be expected to allow for recovery of these seagrass resources? PBSf 5 Clam Bay Seagrass Assessment DRAFT October 2007 Introduction . What would be a reasonable timeline and budget for implementing such a recovery plan? To answer these questions, PBS&J completed the following tasks: I) conduct a kickoff meeting for the project, and interview interested stakeholders, 2) collect water quality and seagrass data horn within Clam Bay, 3) develop a pollutant loading model for Clam Bay, and 4) develop an "Action Plan" to address any identified environmental stressors to Clam Bay. PBSf 6 Clam Bay Seagrass Assessment DRAFT Oclober 2007 2.0 Methods 2.1 Task 1 - Kickoff Meeting and Stakeholder Interviews The PBS&J project team met with staff from Collier County to conduct detailed interviews with the following stakeholders and/or sources of information: . Dave Busier - Seagate . Tim Hall- Turrell and Associates . John Domenie - PBSD . Kyle Lukasz - PBSD . Jim Burke - PBSD . Kathy Worley - the Conservancy of Southwest F]orida . Others as identified by Collier County Tn addition, PBS&J reviewed the following information and data sets: . All detailed monitoring reports and testing results performed by Pelican Bay Services Division and lor their consultants. . Collier County aerial photographs . Any and all seagrass data from Clam Bay . Annua] reports and raw data collected from Turrell and Associates . Conversancy of SW Florida water quality data on Clam Bay 2.2 Task 2 - Data Collection on Depth Distribution of Seagrasses and Potential Water Clarity Goals for Clam Bay 2.2.1 Seagrass Sampling The techniques used in this report involved the following steps: I) identification of seagrass extent in Clam Bay, 2) identification of seagrass in two reference bays, 3) collection of water quality data in Clam Bay, 4) determining those factor(s) responsible for variation in water clarity in Clam Bay, and 5) determining the nutrient most likely to be limiting phytoplankton growth in Clam Bay. U. ~ing an ArcGIS Random Number Generator. t~o], ~i~hin.~GIS-generated pol~. lam !B ' . : as generated. ~OO ..'" 'Im!i~" '. '..' . ..I5'.al.......'.. achofthe !'t p ng pomts was locate using a W AAS (Wide Area Augmentation . ys em) enabled Garmin GPSmap 60CSx. A modified Braun-B1anquet method was used to determine seagrass coverage (Table 2.1). Three assessments of seagrass coverage and species diversity were recorded for each of the 30 visited sites, using a I m2 quadrant in May 2007. The water depth, substrate (muddy, sandy, etc.) and presence/absence of macroalgae were also recorded. P8SJ 7 Clam Bay Seagrass Assessment DRAFT October 2007 Methods Table 2.1- Braun-Blanquet seagrass coverage method. A~~~!$s~dYalue 'l>erc~!1I.S.eallr"ss.<:9"erage 0 No coverage ...---- 0.1 Solitary short shoot 0.5 Sparse of <1 % coverage . MO' .----- 1 1-5% coverage ---....- ---- f-- ------- 2 6-25% coverage 3 26-50% coverage 4 51-75% coverage 5 76-100% coverage ----- -" _u_ -- 2 .. 6 Coverage outside of m placement Two rcfercncc bays in close proximity to Clam Bay were located to evaluate seagrass coverage within a "natura]" hay system (i.e., one without a dcvcloped fringing shoreline). Dollar Bay and a small embayment south of Gordon Pass were chosen, as they have undergone minima] to no shoreline development, and they may rcprescnt locally-relevant "pristine" bay environments for comparison to Clam Bay. On August 3, 2007, both bays were evaluated for seagrass presence via snorkcling, with the observers location tracked with the above-mentioned W AAS-corrected GPS unit. 2.2.2 Water Quality Sampling Four water quality sampling points from the seagrass monitoring sampling points and an additional sampling location in the canal within Clam Bay were identified (CB-5, CB-14, CB-26, CB-27 and CB-CNL). These five sampling locations were visited biweekly by staff from PBS&J and Collier County. Samples were collected on May ]6,2007, May 31, 2007, June 14, 2007, June 28, 2007, July ]2, 2007, and July 26, 2007. A suite of physical, chemical and biological parameters were measured (Table 2.2). PBSf 8 Clam Bay Seagrass Assessment DRAFT October 2007 Methods Table 2.2 - Sampled water quality parameters for Clam Bay sites. Physical pH Standard units Temperature Dissolved Oxygen (DO) Specific Conductivity Secchi Depth Turbidity Color ~'--""~-~.--'-._-""-'----'..'-'-- Total Suspended Solids (TSS) Volatile Suspended Solids (VSS) Chemical _T ot~I~".ldahl (TKN) Total Phosphorus (TP) Nitrate+Nitrite (NOx) Ortho.Phosphate (SRP) Total Phosphoru"lT-"'L____ Biological Chlorophyll a (Chi a) YSI "C YSI _m~/I_ .YSI._ ~mhos/l YSI cm NTU Pt-Co mg/I mg/l mg/I mg/I mg/I mg/l mg/I ~gll Secchi Disk! measuring tape SM 182130 B 110.2 160.2 160.2 SM20 4500-Norg D SM18 4500-P E (P EPA 353.2 SM18 4500- P E SM1810200H Finally, the water quality data sets collected within Clam Bay by the Conservancy of Southwest Florida and the Pelican Bay Services Division were reviewed and analyzed, if found appropriate, to examine trends in nutrients, salinity, etc. within Clam Bay. 2.3 Task 3 - Development of Estimated Freshwater and Pollutant Loading Estimates for the Clam Bay Watershed 2.3.1 Model Development An approach used by regulatory agencies in Florida estimates the average annual pollutant load to quantify the amount of nonpoint source pollutants from surface waters discharged into a waterbody. Calculations were conducted using the PBS&J Pollutant Loading Model. This mode] is a GIS-based Pollutant Loading and Remova] Model that uses data on hydrologic characteristics, drainage characteristics, average annual rainfall, hydrologic parameters and pollutant event mean concentrations (EMC). Developing estimates of pollutant loads requires estimating both the storm water mnoff volume and the corresponding concentration of the pollutants under consideration. Following the flow chart seen in Figure 2.] and described below, the Pollutant Loading Model incorporates, Soils, Land Use, and Best Management Practices (BMP) GIS layers with Rainfall, Runoff, EMC, and BMP efficiency lookup tables to calculate mnoff volumes, gross loads, and net loads. PBSf 9 Clam Bay Seagrass Assessment DRAFT October 2007 Methods . Calculation of stormwater runoff volume. The runoff volume from a subbasin is calculated as the product of the average, annual or seasonal, rainfall amonnt and the subbasin's weighted land use and soils rainfall / nlnoff coefficient. GIS coverages of land use and hydrologic soil characteristics were intersected with subbasin delineations to determine the area's hydrologic characteristics. . Calculation of gross pollutant loads. Gross pollutant loads are defined as the amount of pollutant that is generated within a subbasin. This load is calcu]ated as the sum of the non- point source loads. The non-point source load is delined as the product of the estimated annual runoff volume times the storm water EMC for each selected pollutant and land use category. . Calculation of net pollutant loads. Net pollutant loads are defined as the amount of a pollutant from a subbasin that is discharged into a receiving waterbody. This load is calculated as the product of the gross pollutant load times a factor that represents the estimated pollutant removal due to the occurrence of storm water treatment within each subbasin. Figure 2.1 - Pollutant Loading Flow CharI Soils LooL... ~ "llp l?a' L - lJJ.[all Ooku 'P j{l1l1Off ..... l..ooku .-EMe Runoff ! Land Use BMPs .... Gross Loads -.~ LoOku. '/J_B/l1p efr. Net Loads PBSf 10 Clam Bay Seagrass Assessment DRAFT October 2007 Methods 2.3.2 Major Watersheds When the pollutant loading model is run, it generates contributions of nlnoff and loads for each intersected polygon of soils, land use, and BMP. The sub-basin boundaries used for this analysis are shown below in Figure 2.2. Figure 2.2 - Overview of Clam Bay, with sub-basin boundaries used for the pollutant loading model. Land Uses P8SI 11 Clam Bay Seagrass Assessment DRAFT October 2007 Methods Table 2.3 - o1~iJ'il(l\fjr.wili\f'~;i"'a;< Y~J ,_~~tnu.;_~.,_", -",.__I"'<i:,."~~'itt~,,,,",'J.J,t..,. Ba~ Golf Course 310 High Density Residential 1,125 High Intensity Commercial 433 ~'__"_M'" Industrial 12 Low Intensity Commercial 248 Multi-Family Residential 918 Open Space 194 Road / Highway 146 Single Family Residential 1,351 Utility 13 Water 645 Wetlands 429 Mangrove Mesic Flatwood : Xeric Hammock ~ 5,824 184 323 101 1,206 2,554 1,457 5,824 Historically, the dominant features of the Clam Bay watershed were the mixed vegetative communities of mesic tlatwoods and xeric hammocks. Mesic tlatwoods dominated the lower lying, wetter areas along the shoreline, as well as interior portions. Xeric hammocks dominated the higher areas along the coastal ridge, where much of the US Highway 4 I road bed was laid out. Currently, the major land LIse type is that of single-family residential land use, along with high- density residential land use. These two catcgories, along with multi-family residential land uses, comprise a total of 3,394 acres or 58 percent of the combined watershed and open water area. Golf courses comprise 3]0 acres, less than the amount of open water itself (645 acres). The current land use / land cover layers list mangrove coverage in the category of "wetlands" while our assessment of historical land cover had them separately categorized. Therefore, the current PBSf 12 Clam Bay Seagrass Assessment DRAFT October 2007 Methods category of "wetlands" includes mangrove fringes as well. Wetland loss in the Clam Bay watershed is thus from] ,307 acres historically to a present day level of 429 acres, a decline of 67 percen t. Soils The hydrologic characteristics of soil can significantly int1nence the capability of a given watershed to hold rainfall or produce surface runoff. Soils of the Clam Bay watershed are classified as Types A, B, C, or D, according to the following cliteria (Viessman et aI., 1989): . Type A solI (low runoff potential): Soils having high infiltration rates even if thoroughly wetted and consisting chiet1y of deep, well-drained to excessively drained sands or gravels. These soils have a high rate of water transmission. . Type B solI: Soils having moderate infiltration rates if thoroughly wetted and consisting chiet1y of moderately deep to deep, moderately well-drained to well-drained soils with moderately fine to moderately coarse textures. These soils have a moderate rate of water transmission. . Type C solI: Soils having slow infiltration rates if thoroughly wetted and consisting chiet1y of soils with a layer that impedes the downward movement of water, or soils with moderately fine to fine texture. These soils have a slow rate of water transmission. . Type D solI (high runoff potential): Soils having very slow infiltration rates if thoroughly wetted and consisting chiet1y of clay soils with a high swelling potential, soils with a permanent high water table, soils with a clay pan or clay layer at or near the surface, and shallow soils over nearly impervious materials. These soils have a very slow rate of water transmission. By knowing land uses and soil types, runoff volumes are then generated for each parcel of land. These runoff volumes vary depending upon both the land use and the characteristics of the underl in runoff volumes are then matched with literature-derived_ ~ for various storm water constitnents, which are functionally e~ ow-weighted concentration. Simply put, the EMC value for any given constituent (e.g., total nitrogen (TN), total phosphorus(TP), and total suspended solids (TSS)) is the concentration that would be required to account for expected loads, based on storm-event sampling. PBSf 13 Clam Bay Seagrass Assessment DRAFT October 2007 Methods Table 2.4 - EMC values for total nitrogen, total phosphorus, and total suspended solids (values in mg / liter). " ,,' ~ Single Family 2.29 0.3 27 Residential High Density 2.3 0.4 50 Residential ..,~ Multi.Family 2.42 0.49 71.7 Residential --.~._~- Low Intensity 1.18 0.15 81 Commercial -"._~. --- High Intensity 2.83 0.43 94.3 Commercial , ---,- Industrial 1.79 0.31 93.9 Utility 1.79 0.31 77 3_oad I Highway 2.08 0.34 50.3 -'~--'-"-~---- u -,--- Golf Course 2.32 0.34 55.3 Mesic Flatwood 1.25 0.053 11.1 Open Space 1.25 0.053 11.1 Xeric Hammock 1.25 0.053 11.1 -~--_._- Mangrove 1.6 0.09 10.2 - Wetlands 1.6 0.09 10.2 -'--- ,-. Water 1.25 0.11 3.1 The loads calcu]ated by knowing land nse, soil type, runoff coefficients and EMC values are then further modified via the use of selected "best management practices" or BMPs. Thc cxpected removal cfficiencics of these BMPs are shown in Tablc 2.5. PBSf 14 Clam Bay Seagrass Assessment DRAFT October 2007 Methods Table 2.5 . BMP Removal Efficiencies (TSS, TN, TP). Wet Detention Pond 70% 35% 60% Wet Pond Treatment Train 85% 50% 65% Rainfall In the estimation of annual pollutant loads, daily rainfall amounts represent the basic building block or the foundation for the entire process. Rainfall data is used to generate nlnoff coefficients for different land uses in the watershed and applied as an average annual rainfall amount to determine the annual runoff volumes entering a waterbody. For the purposes of this project, daily precipitation data were obtained from weather stations located in the City of Naples from both the South F]orida Water Management District (SFWMD) DB Hydro database (my.sfwmd.gov) and Weather Underground (www.wunderground.com). Data spanned a 52 year period of from 1955 to 2007. Using this data as a continuous series, runoff coefficients were generated, as previously discussed, in addition to the identification of the historic average annual rainfall amount of 53.0 inches per year. PBSf 15 Clam Bay Seagrass Assessment DRAFT October 2007 3.0 Results 3.1 Seagrass distribution Figure 3.] illustrates the "universe" of 100 potential sample site locations for the sea grass assessment. Of those 100 potential sites, 30 were chosen at random for seagrass assessment. The results of those surveys are illustrated in Figure 3.2. Figure 3.1 - Potential sample sites in Clam Bay PBSf 16 Clam Bay Seagrass Assessment DRAFT October 2007 Results Figure 3.2 - Presence (green) and absence (red) of sea grass from visited sample sites in Clam Bay. I rI:'Ulll.dI...~lPil .. t Wt~l,\j_\ II III II r U, as random point visitations and transect-based assessments are not appropriate for translation into acreage estimates. At the station close to the Gulf of Mexico (Station 2), within the westernmost portion of Clam Pass, a sprig of turtle grass, Thalassia testudinum, was encountered. This lone plant may have PBSf 17 Clam Bay Seagrass Assessment DRAFT October 2007 Results been transported to the site by currents or some other mechanism, as there was no evidence of a meadow at this location. " Ielle ''{'''I'I-~~ At all other locations, the only species encountered was alophila decipiens. This species, H. decipiens, is typic er waters III the Gulf of Mexico (i.e. waters in excess of 50 feet in depth) awes et al. 1989). >'1.' '. -, ~< I , ..,;' I" " l ~ .1':l.'.~;1\C)1 ~l<jl \tA"'~~~I"_" Q I( ) i!:'~~r~}J\; 1- , ,- ~ In addition to surveys of seagrass coverage within Clam Bay, an assessment was made of the relative coverage of seagrasses within other locations that were close by, but did not have direct and adjacent human alterations of their shoreline and watersheds. The locations of these "reference sites" are shown in Figure 3.3. PBSf 18 Clam Bay Seagrass Assessment DRAFT October 2007 Results Figure 3.3 - Location of "reference sites" within the Dollar Bay I Gordon Pass areas. ~ 1,100_ IIIIIII1 PBSf 19 Clam Bay Seagrass Assessment DRAFT October 2007 Results The location referred to as "Dollar Bay" actually represents only a portion of Dollar Bay, along the eastern shoreline just south of Gordon Pass. The location referred to as "Gordon Pass" refers to a small unnamed embayment located along the southern shoreline of Gordon Pass. Results from the sea grass surveys at these locations are shown in Figure 3.4. Figure 3.4 - Seagrass presence in two "reference sites". ...., 6pcq;lk PI"''''''' j IlVlll<l~" t,O(() '-I a SO'JFHI w+','.-._l IIIII1111 At both sites, a W AAS-enabled GPS unit was used to track the location of a diver surveying the bottom of these bays and when sea grass was encountered, those locations were "tagged" for their locations. Along the eastern shore~<ine Of..\l!'.UEJl .e-E,Dollar Bay, oysters were commonly found, as well as the seagrass species called ~!!PI!1Ill!!m:i'Hglodule wrightii). Abundance was patchy and P8SI 20 Clam Bay Seagrass Assessment DRAFT October 2007 Results coverage ~~1m"ffill'~/llt~~~l_lhe bottom. Within the small embayment located along the southern shoreline of Gordon Pass, seagrass was only found in the northern lobe of that feature. Within that outermost portion, the species turtle grass (T. testudinum) and shoal grass (H. wrightii) were encountered. In those areas farther south, no seagrass was encountered, even though the deepest depths seemed to be approxirnate]y 3 to 5 feet - depths where seagrass was found within Clam Bay. '"ii:. a rat er minutive organism that is unlikely to be a discernable feature with aerial photography and subsequent photointerpretation which can lead to "false negatives" for abundance. Additionally, macroalgae, which can be abundant in Clam Bay, can give "false positive" for hotointerpertation, suggesting seagrass coverage where there is none to ~ d ">'d.'''''~.m~_-'''A!m''W''''''''''''Iil'm''''..jjf<j...~~. ~ e 1 Qun . ';', t:C~cS":',L~.LUIH; '1~' u::'iDa.:t:) )1;\"",," ' '-. , '. < ' , " . '~" ~i:""'!>'J~A~""'i,,,,,,,,~~,,"""'~"','*i,!!U!,,t>,,,,,,,.X~.,..,,,~mI... ' "'" _ ,,' ,_ ',' . iitJ~, such as those nsed for seagrass mapping purposes in Tampa Bay, Sarasota ay, emon ay;'and Charlotte Harbor (e.g., Tomasko et al. 2005). Surveys of nearby locations without any obvi?us human impacts, particularly the small embayment south of Gordon Pass is''M.!e'st. {mi!. i'fWJ~h";W6li~~~ll"dre1tfb'lll~~r'llfefi.no.t..:ra..' ti'if.liiill1i'!ll.. nllifl>mi'lI""~'!!H'fi'''He'.. . , , 'cHe.E'.;!":-"'iJ1t"'~~l-~J;'?;,,",,,',,-,,-,E>'I'C;\-, ".. .',.-.~,,"- ""}XY"""",, """"';'''i~''';i!i';j[~~J';;:.~gN#~~~~t9:~J ,,' Collier County's estuaries. When examining 19505 seagrass'maps From southern Nap e's 'ay Figure 3.5, (from the City of Nap]es), seagrass coverage (in green) has been lost from areas north of Gordon Pass, but seagrass coverage wasn't distinguishable in the 1950s in either Dollar Bay or the small embayment south of Gordon Pass. Figure 3.5 - Sea grass (green) and oyster (pink) coverage in southern Naples Bay in 1953 (image from City of Naples). PBSf 21 Clam Bay Seagrass Assessment DRAFT October 2007 Results photography from Clam Bay (Figure 3.6) there is no distinctive seagrass signature in the open waters of the bay in this earlier, less-impacted condition. However, there does appear to be a darker signature indicative of seagrass coverage in the shallower areas along the shoreline. Figure 3.6 - 1952 aerial photograph of Clam Bay (from Antonini et al. 2002). PBSf 22 Clam Bay Seagrass Assessment DRAFT October 2007 Results 3.2 Water Quality The locations of the water quality sites visited for this study are shown in Figure 3.7. Figure 3.7 - Locations of visited water quality stations. 1lr1:n1Kl'11ll600.rot D 61X1Feol III II I Station 5 was chosen to represent a "boundary condition" of sorts for the Clam Bay system. It was located in an area that experiences much greater water exchange, where the cross sectional area is reduced considerably and water movement has a much greater velocity than areas farther south. Stations 27 and 26 were located on the western and eastern boundaries of the bay, respectively, while station 14 was located in the middle of the bay. An additional station, PBSf 23 Clam Bay Seagrass Assessment DRAFT October 2007 Results "Canal" was located at the eastern end of an east-west oriented residential canal connected to Clam Bay. The water quality data were then analyzed for a number of different detelminations. Among these were the following: ]. Based on the data collected, what were the general water quality conditions in Clam Bay during our study? 2. What water quality parameters (i.e., turbidity, phytoplankton, and "co]or") best explain differences in water clarity? 3. Which nutrient, nitrogen or phosphorus, best explains differences III phytoplankton abundance? 4. Are our conclusions in-line with prior assessments of water quality in Clam Bay? Water quality at the five sampled locations, during this study, is summarized in Table 3.1. Table 3.1 - Water quality results for selected parameters for 5 stations in Clam Bay. Data are means of n = 6. "Fla. Median" = median value for Florida Estuaries. "Fla. 10% Best" is value below which are the best 10% of estuary values. "Fla. 10% Worst" is value above which are worst 10% of estuary values. "NA" = not available. CB-5 37.3 3.3 0.44 0.03 2.18 4.2 CB.14 36.3 4.4 0.40 0.04 2.53 4.6 __.'_.m ... -. CB.26 36.4 5.8 0.46 0.04 3.82 15.0 CB.27 35.9 9.2 0.50 0.05 4.83 10.4 CB.CNL 35.5 10.5 0.52 0.06 3.73 18.3 Fla. Median NA 9 0.8 0.07 NA NA Fla. Best NA 0.3 0.01 NA NA 10% Fla Worst NA 36 1.6 0.20 NA NA 10% PBSf 24 Clam Bay Seagrass Assessment DRAFT October 2007 Results 3.2.1 Based on the data collected, what were the general water quality conditions in Clam Bay during our study? Salinities at all locations were high, indicating minimal freshwater influence during the time period of May l6 to July 26 of 2007. ~m]!l~~m~~t~l~~~ At no locations did average values excee t e lorida Department 0 nVIfonmenta] Protection s ~ed Waters Ru]e guidance criteria of ] 1 llg / liter,. . ,. .' . '.' .., . . . '1~lling this time, ch]orophyll-a levels were mostly below or close to the median value of chlorophyll for F]orida estuaries. .'" ~~I~ere below the median value for FlOlida estuaries (0.8 mg TN / liter), as derived by PDEP (l996). The TN level at CB-14 was only 50% of the median TN value, while even the highest TN value, at CB-CNL, was still only 65% of the median value for Florida estuaries. Leve]s of total phosphorns (TP) were much lower than the median value of TP for Florida estuaries (0.07 mg TP / liter; FDEP [1996]) at stations CB-5, CB-14 and CB-26. However, '111(;- 0);,~~li" 3.2.2 What water quality parameters (i.e., turbidity, phytoplankton, and "color") best explain differences in water clarity? To determine what water quality parameter best explained variation in water clarity, Secchi disk depths were compared to those water quality parameters that had optical properties (i.e., chlorophyll-a, turbidity, color). Simple regressions were run with Secchi disk depth as the dependent variable, and chlorophyll-a, turbidity and color as potentially significant independent variables. Statistical significance was sct a priori at p < 0.05. The only water quality parameter that correlated with water clarity, as measured by Secchi disk depths, was turbidity (Figure 3.8). PBSf 25 Clam Bay Seagrass Assessment DRAFT October 2007 Results Figure 3.8 - Water clarity (Secchi disk depth) vs. turbidity (NTU) for all stations combined for Clam Bay. 2.0 1.8 1.6 E 1.4 .c li 1.2 (J) 0 -'" 1.0 .<'2 0 E 0.8 " " (J) 0.6 CJ) 0.4 0.2 . . . Secchl = 1.407 0.129(NTU); R' = 0.304, P = 0.014 ----.... ~~ . -------- . . . . .. . . . . 0.0 - .._-~--'--r 2 3 4 5 6 7 8 Turbidity (NTU) These results suggest that thc <<' '" and/or the amount ofj't.m\1i~~;L duration of this study~~tes n ur I which represent decreased water clarity. ore th~n phytoplankton levels M~fl~y, at least during the WIt reduced Secchi disk depths, These findings arc somewhat limited by the number of occasions when Secchi disk depths were greater than the bottom depth (i.e., those times when water clarity extended to the bottom). However, assessments of water clarity are most relevant for times of reduced water clarity, when Secchi disk depths are shallower than the bottom depth. '\JiI!l1"i'~1fll:~ikitj;w,is~~jf~tlI~~if";;11",,'~i o'ni(18",i,li;;:iihb,ri-al ated wi th water c1ari t y, bu t the "',~ --,,~ . - ..;t.~mMP_.W'A.,~::at;~~.;:r!fj.mr probability leve] that such a relationship was not due to chance alone did not meet the a priori value of p < 0.05. Further data collcction could dctermine that chlorophyll-a is a significant factor in water clarity, but these results stop short of such a conclusion. 3.2.3 Which nutrient, nitrogen or phosphorus, best explains differences in phytoplankton abundance? Although the optical modeling exercise describcd above did not conclude that ch]orophyll-a was a significant contributor to variation in water clarity, chlorophyll-a was nearly a significant component of variation in water clarity. In addition, levels of phytoplankton (quantified as chlorophyll-a in the water column) might be useful indicators of thc nutrient(s) most likely to limit other typcs of a]gal growth, such as macroalgae and epiphytic algae. For these reasons, PBSf 26 Clam Bay Seagrass Assessment DRAFT October 2007 Results regression analysis was used to determine which nutrient, nitrogen or phosphonls, was the more Iike]y nutrient limiting phytoplankton growth in Clam Bay. Resu]ts of these analyses are shown in Figures 3.9 and 3.] O. Figure 3.9 - Chlorophyll-a vs. total nitrogen for all stations combined for Clam Bay. 16 Chl-a eo 4.33 +S.03(TN); R2 == 0.13; p '" 0.045 . 14 . . 'C' 12 ~ . . . ]; 10 . . ----------- .1 8 . >, .c . 0. 0 6 . (; . :c . u 4 . . . . .. 2 0 0.0 0.2 0.4 0.6 0.8 1.0 1.2 TN (mg / liter) Figure 3.10 - Chlorophyll-a vs. total phosphorus for all stations combined for Clam Bay. 16 Chi-a", -0.29 + 156.4(TP); R2 '" 0.42; p '" 0.0001 . 14 . 12 ~ '" 10 20 .1 8 >. .c 0. 0 6 .Q .c U 4 2 0 0.01 . . . . . . . ....... . 0.02 0.03 0.04 0.05 0.06 0.07 0.08 0.09 TP (mg / liter) PBSf 27 Clam Bay Seagrass Assessment DRAFT October 2007 Results 3.2.4 Are our conclusions in-line with prior assessments of water quality in Clam Bay? To better understand whether or not the water quality data analyzed in this effort was within the rangc of "normal" conditions, a long-tenn data set collected by the Pelican Bay Services Division was examined. There arc a number of stations visited by the Pelican Bay Services Division, but only one station occurred in the same general region of Clam Bay as the water quality stations visited in this study. That station, W-I, is located just offshore of the canoe and kayak ramp at the Clam Bay Park, close to this study's station CB-26. At this location, the dataset examined included data from the period of 1981 to ] 998. Results are summarized in tabular form below (Table 3.2). Table 3.2 - Total dissolved solids (TDS), TN and TP from station W-1. Mean Value Number of Samples T[lS (rngJ.lilll1:)J&' 31,605 231 0.59 159 Results from the long-term station W-I retlect a greater "capture" of rain events than what was seen in this study. For example, the long-term mean value for TDS is equivalent to a mean salinity value of 31.6 ppt, compared to mean values of 35.5 to 37.3 ppt for this study (Tab]e 3.1). gJI I,. "n {] be .~.:fu_ reshwater influence during our May to late July of 2007 sampling period. J'BS.' 11 28 Clam Bay Seagrass Assessment DRAFT October 2007 Results Figure 3.11 Comparison of average TN concentrations for this study (blue bars) to previous data (green bars). 1.5 ~ g ~ I ~ . ~ 0.5 II W~I CFl.5 CB-14 CB-26 CB-27 eB-eN!. Stiltion Figure 3.12 Comparison of average TP concentrations for this study (blue bars) to previous data (green bars). 0.2 0.15 ~ g ~ '" 0.1 . ~ ~ . > -< 0.05 II w-] CB-S C8-14 CB-26 eB-2? CB-CNL SUit/OilS PBSf 29 Clam Bay Seagrass Assessment DRAFT October 2007 Results To test for evidence of trends over time in salinity, nitrogen and phosphorus, data from the period of record for Clam Bay at station W-] were plotted, as shown in Figures 3.]3, 3.]4, and 3. I 5, respectively. Figure 3.13 - Total dissolved solids over the period of record at station W-1. Solid line is moving 10-point average. Total Dissol"",d Solids at Station WI 50,000 40,000 ,. . - .. ;, 30,000 . .s . rJl 20,000 . . C I- 10,000 . . o Feb. 82 . . . Feb- Feb- Feb- Feb- 84 86 88 90 Feb- Feb- Feb. Feb- 92 94 96 98 Figure 3.14 - Total nitrogen over the period of record at station W-1. Solid line is moving 10-point average. TN at Station W1 3.00 2.50 ~ 2.00. ~ . . ;, 1.50 .s z 1.00. I- 0.50 0.00 . Feb. Feb- Feb- Feb- Feb- Feb. Feb- Feb. Feb- 82 84 86 88 90 92 94 96 98 PBSf 30 Clam Bay Seagrass Assessment DRAFT October 2007 Results Figure 3.15 - Total phosphorus over the period of record at station W-1. Solid line is moving 10-point average. TP at Station W1 0.60 0.50 . ~ . ~ 0.40 Gl ." . -;;, 0.30 . S ~. "- 0.20. f- . 0.10 .~ . 0.00 lu Feb- Feb- Feb- Feb- Feb- Feb- Feb- Feb- Feb- 82 84 86 88 90 92 94 96 98 When the data on TDS are examined in greater detail, there is a statistically significant decrease in TDS values over the period of ] 98] to 1998, based on linear regression analysis. This relationship was significant at a probability level of p < 0.005. The equation that best explains this trend is - TDS = 43102.2 - 0.74058] *Date These results suggest that if such a trend has continued beyond] 998, there is a likelihood of a "freshening" of Clam Bay that could be problematic. Concurrent with the apparent trend of decreasing salt content, over the period of ]98] to ]998, there were conculTent and statistically significant trends of increasing levels of TN and TP, at this same location. If such trends have continued, post] 998, they would suggest that either rainfall has increased over the period of record, or that the amount of freshwater runoff, independent of rainfall, has increased over the period of record. Further, the pattern of increased freshwater inflow is accompanied by a concurrent trend of increased leve]s of TN and TP, indicating increased land-based loads of nitrogen and phosphorus into Clam Bay. 3.3 Pollutant Loading Model The PBS&J pollutant loading model was used to generate basin mnoff, gross loadings, and net loadings based upon the methodology outlined in Section 2 for a typical year given watershed specific inputs including: PBSf 31 Clam Bay Seagrass Assessment DRAFT October 2007 Results . Annual precipitation (53.0" / ycar), . Watershed area parsed into land use-soil combinations, with appropriate runoff coefficient for cach land use-soil combination, and EMCs data for each land use category . Areas covered by BMPs with associated pollutant removal efficiency The results of the nlnoff generation from average annual rainfall conditions are presented in Table 3.3. Table 3.3 - Historic and current conditions runoff (acre-feet / yr) by subbasin. Clam Bay Mid 1,964 1,916 2,789 873 46% Clam Bay South 1,100 502 1,645 1,143 228% .___"._..__m'__.____._ .__~__._ ------ Outer Clam Bay 579 991 1,004 13 1% Mangrove ------------ --------.-- Pelican Bay 1,975 1,229 2,431 1,202 98% Sea Side Condo 52 65 61 -3 -5% Seagate Dr 154 128 206 78 61% "_'_"_'__ ______.n__.._ ----- ,,\.1M 4,830 8,136 3,306 68% --_.._.~---- ~'>". ~ \ "~;"'\;:"'''.I;',->'s;:i':'';;r;~I';v~yi';,\;,::','TT?,". ~r'1f"-';ljj~ conditions. The major snbbasin for . acreage-wise. con, tr.ib.. uti?.~~fromthe,-C..}a^~l !3ayM ida,nj ~lam B~. South subbasin~ Pm" ht~e less i,.' " '11<"""'''''''''''''~' . '!!'W"'fi"-Wi."~~"'l'Iili~,,""~~'it~ . . ~- ~~, . '. . ,,". '01\"..', Qr. ;\Wee ICIS', .om. e,'~!'\PJ1I1S111S:l)I,l!IUteJ.i, _ l.aYD~gr.QV:.",wf ",;'! ,~)(-!" I,'"~ '.~~;, ~,,_I!L :_,J,.__"tl:y~: "".,~!If" They are includcd here du'e to the fa~t'that circulation patterns allow for introduction of both stormwater runoff, and the pollutant loads associated with the runoff, into Clam Bay itsclf. Overall, these results suggest that stormwater runoff into Clam Bay has increased, on average, by 68 percent, watershed-wide. Not iI]cludiI]1? \I1,e Itlore distant contributioI]S fr9m"SHRl;i4\sin~~mJl!J, of ~_a . ate Drive, _,h~lif~.b~~Wj'{tart!1r~~~fy.If~TlBt~W~g~fi~t~lIWclf*is'ifffig)i:;' ~"",~",C' i1.BH!:...,.... PBSf 32 Clam Bay Seagrass Assessment DRAFT October 2007 Results 3.3.1 Net Pollutant Loads Through the removal of pollutants from areas treated by BMPs, the gross pollutant loads are converted into net pollutant loads into Clam Bay. Tables 3.4, 3.5 and 3.6 present the net nitrogen, phosphoms, and total suspended solids loads, respectively by subbasin. ~~~~~gs~f~!~~~.~)to ~~~ha~f~~::17~~~~s~~~~~~~d~ subbasin with the greatest percent increase (C]am Bay South) has occurred in areas south of Seagate Drive. In the more irnmediate watershed, the Pelican Bay subbasin appears to be the largest sin Ie contributor of nitrogen loads, due to it being the largest subbasin in size. i .. . l!lI.W}iI'" i'llil'm}l; '~',,1!f~~b . ,0..""",."1::,0-;;1;"<,,,,,.' mQ;~ #"j,P, ..... i.~;' ese differences are to be expected based on the extensive mangrove fringe that acts as an effective stormwater treatment BMP for the Pelican Bay subbasin. T~t()anw-!\te~~:tm~n.tli!lM!?g!W\l~llnt1:K~i;J~1;j'ilt,:Ul~{1;trni'\lm:l;;r.r,S;a\!mb1lYlilllli'Sil'ig' e~;r~m.ov.II1~~''1Jf~t]l1lNli1!~l<llt,.tl'i!:rfi":':'" Table 3.4 - Gross HistoriCy~:~~~rC~I~~n~:;~~Dj~~:lB Clam Bay Mid 1,964 7,580 15,243 15,159 7,580 100% Clam Bay South 1,100 1,778 10,404 10,150 8,373 471% Outer Clam Bay Mangrove 579 4,057 4,144 4,046 -12 0% Pelican Bay 1,975 4,477 14,399 8,149 3,673 82% Sea Side Condo 52 264 338 338 74 28% Seagate Dr 154 508 1,021 1,007 499 98% SUM For ph~I;,~orus:mP"i0lt!l'}1!,~to Clam Bay are predicted to have increased by ~ ~1~J'romhfsio'ric to current conditions (Table 3.5). Aswith nitrogen loads, much of that Illcrease IS due to Illcreases that have occulTed III areas south of Seagate Dnve. In particular, the high degree of urbanization, large area of the subbasin, and the lack of significant BMPs in the Clam Bay South subbasin are of concern. In the more immediate watershed, the Pelican Bay subbasin is the largest single contributor of phosphoms loads, due to it being the largest subbasin PBSf 33 Clam Bay Seagrass Assessment DRAFT October 2007 Results in size. When normalizedJQrsuJJPasin S\~" the l'hosnhorus "yield" for the Pelican):!av~~ubba~i,! .. ,t,',""'~,,,,,~, 'i;,<}.'OY\'!!rlJli ;!i',w\"'"j\.',""ii' ,.~",.."......\...,...,=..,...~.\i\l,!E'.;q. '-.....,.~'Ili';~;I}~;a".)!~"3.1'... C"}fl)!,,J.e~,..'io\l..\,tq,i! aYJl1.43 bUild ". ,,," r..~"LYr.j~t:l\!C..3l"ICulatea;'Jlel \IDWO:li ii: QmrdB~Jl~li .. bbasin. As with nitrogen loads, these differences in area-normalized TP loads are to be expectcd based on the stormwater treatment BMPs in place for the Pelican Bay subbasin. Table 3.5 - Gross Historic, Gross Current, and Net Current TP loads (pounds / per year) for Clam Bay subbasins. Clam Bay Mid 1,964 438 2,357 2,329 1,891 431% Clam Bay South 1,100 85 1,702 1,641 1,556 1,833% Outer Clam Bay Mangrove 579 251 283 263 12 5% Pelican Bay 1,975 209 2,215 857 649 311% ----- ..------ -------- Sea Side Condo 52 14 55 55 41 291% Seagate Dr 154 28 148 144 116 421% --.-.----- SUM 5,824 1,025 6,760 5,289 4,264 416% '.$.1\ .ll' 1S .tt','fifl'Wi'J';VIi'.f7'.".'.G.fl ".'^"i~".ii..~l<Te'YediCled. '.. l.b....h. R.Ve,' u,O.'S'. 'd. b.525 '.Pifrb.rtl' hi. \6.' 6TC.....c rieDI...... ,.....~,ill\~w=.JIT,.l>....~ ~ II .!It.J!"",i,_,,,,,.,t!,,,,":,,,,,,,.,..,,.J!!-!ifS.~,,j\.,,:Y,J.,,,,,,,,,..;~,,,,c,~.,,"~_gw.iitl!,",'iij,,,t i;!l.m!!l!mlm-r&I.L.r ..i..':(A with mtrogen ani.! phosPhOriiSloai.!s, mncnof that lllcrease IS due ro '~i have occurred in areas south of Seagate Drive. In particular, the high degree of urbanization, the largc arc a of thc subbasin, and the lack of significant BMPs in the Clam Bay South subbasin are associated with largc incrcascs in TSS loads. Tn thc more immediate watershed, the Pelican Bay subbasin is the largest single contributor of TSS loads, due to it being the largest subbasin in size. When normalized for subbasin size, the T?S,'YisI9':rqr the Pelican Bay subbasin calcI111~'" " .,'",CO, "YL$9"poUn(fsj)f't$B~a~'f~lYf;Yi.'a'cil~tlIatelYl~id,if ::.m~7J>:'~N>~l1i~~;)lti:~i,;:~ ..~': 'i::~m!d:.fih~ large disp~rity~'il;~ a;:~~~ " norma'lzed TSS loads or t ese two su aSlllS are due to the extensive stormwater treatment BMPs in place for the Pelican Bay subbasin, versus other portions of the watershed, and thc higher removal rates for TSS (as opposed to TN and TP) with a wet pond treatmcnt train BMP efficiency utilized. PBSf 34 Clam Bay Seagrass Assessment DRAFT October 2007 Results Table 3.6 - Gross Historic, Gross Current, and Net Current TSS loads (pounds / per year) for Clam Bay subbasins. Clam Bay Mid 1,964 48,129 355,027 351,018 302,889 629% Clam Bay South 1,100 14,265 276,552 267,059 252,794 1,772% Outer Clam Bay Mangrove 579 23,185 26,979 24,314 1,129 5% Pelican Bay 1,975 36,317 299,423 116,712 80,395 221% Sea Side Condo 52 1,837 7,910 7,910 6,073 331% Seagate Dr 154 3,468 28,177 27,638 24,170 697% PBSf 35 Clam Bay Seagrass Assessment DRAFT October 2007 4.0 Conclusions and Action Plan Based on information on seagrass coverage, water quality, and pollutant loading models for Clam Bay, the following conclusions can be reached: . There have been dramatic changes in the characteristics of the watershed of Clam Bay. . These changes have resulted in substantial increases (68 %) in the quantity of freshwater delivered to Clam Bay, due to increases in the impervious nature of the landscape. . Accompanying the increased freshwater delivery to Clam Bay, system-wide loads of nitrogen, phosphorus and suspended solids have incrcase by approximately 108,416, and 525 percent, respectively. . Despite the m. O.r.dg~ele. ~j~.' ~\;.t.f;';..J'f.~li'.:'.:i~)i0J;.W~r!'l.,,~~elY1J1?;r.:..~m.~r,~~.if!i,~!,~~,tl!?{j;~~.,~~t,~~c@~~~~~!6l ll1dl cate that9,Uv,Mj,~l}J:.!tSJI., Igl! ;sillitl.ityenvlfonment;<Wtth',meansa tmties!.:::..1I3u:j:lStll$',)ll",,,.J . These high salinities suggest that Clam Bay is highly influenced by the Gulf of Mexico, and that pass dredging activitics might playa role in maintaining high salinities. . Of 30 sitcs visited for detailed examinations in Clam Bay, seagrass was encountered at ] 3 of those sites, for rate of occurrence of 43 percent. . The vast majority of seagrass encountercd (12 of 13 sites) was Halophilr;LdecipIe1J", . Halophila decipiens is a species of seagrass that does best under low light conditions, and it actually can be physiologically damaged by high light leve]s. . In nearby "reference" sites, seagrass coverage was not found to be a major bottom feature. . A closer examination of Clam Bay photography from] 952, and seagrass maps from Naples Bay based on ] 953 photography support the conclusion that seagrasses arc not likely to have dominated shallow embayments in Collier County 50 years ago. . :~il!~~~~t~~~~~~ti~~(g1~~~~~~f~I~J~y~~c~~~t:e~fass Protection Plan's conclusion ^J;s::;~~~.~~,L.."Q.\f,.,,,,,,~~J',.>.~,,,.!,,....,.,...~;..,-. "",l>"'''l'iJi..!~"""",-~Y._",--.,fl../".,, "",.....'-,....' .. ," A]so;,itillis~!.iI~'6~ed 'e~timates of seagO ;'~s coverage are iikdy.'eJ:cih~~us.f . ~,~.il$j,)Ii:.;:;.~;,1;.~t">.wmtll,..~,.""""'.;r..,--.,,'-~.._:,_.,' ',.'_ .-,'.....'...'.. -..<,.".A'.:'..'_.....,. ,',._' . ',_' ......,.,' . . A more appropriate technique for monitoring sea grass coverage in Clam Bay would be to use a randomized sampling technique, with percent coverage by species used to monitor health of sea grass resources in Clam Bay. ~~~~~t~~ :;~~;af~~~%a~~;I;~:~~~m~';ii{~~1;~1~rs"~~"[~.'ill1B . PBSf 36 Clam Bay Seagrass Assessment DRAFT October 2007 Conclusions and Action Plan . Water c1ar!ty in Clam Bay is mo.stl~~~n~~~!led.gYl~~Y'!!1k\!l,~lily:rt~\Q€f:,ThJf1 ;:am~~_'1I,~.~~~~iltiill'M';gU!!~.~St1Wg,\~ ~. . A significant amonnt of this turbidity appears to be associated with inorganic (non-vo]ati]e) suspended solids, indicating the natural marl sediments and beach sediments can have significant impacts on water clarity in the bay. . A]thongh nitrogen availability appears to influence levels of phytoplankton in the bay, t~ilrJ?i9t\l~7[~~;\8.Esm~r~1~mg~~~~tj~.HP:1)$,q1JfM~[:!!1:l:\tg.ln'g#ii.f . Ana]ysis of long-term data sets (198] to 1998) suggest that salinities decreased over that time period, with concurrent increases in ]evels of nitrogen and phosphorus. I Seagrass coverage does not appear to be significantly different than would be expected based on surveys of nearby embayments with less human influence. This would suggest that the ] 992 Collier County Seagrass Protection Report was probably in error when it concluded that seagrasses covered 60+ acres of Clam Bay, which may be due to inadequate groundtruthing and delineation efforts for this original assessment. The seagrass Haluphila decipiens was found at ] 2 of 25 randomly chosen sampling points in that part of Clam Bay south of the boardwalk. Such a pattern of abundance is not consistent with either of the two opposite conclusions that]) seagrasses are almost absent from the bay, or 2) seagrasses are a dominant feature of the bay. Aeria] photography is not an appropriate technique for developing coverage estimates for seagrass abundance in Clam Bay, for two main reasons. First, the most common species, H. decipiens, is a rather diminutive organism that is unlikely to be a discern able feature with aerial photography and subsequent photointerpretation ~ resulting in "false negatives" for abundance. Second, macroa]gae, which can be abundant in Clam Bay, can give a "false positive" for photointerpretation, suggesting seagrass coverage when there is none to be found. A]so, transect-based monitoring is an inadequate technique for determining seagrass abundance, as transects are typically not placed in a random fashion (a requirement for coverage estimates) and the spatia] distribution of seagrass coverage thus cannot be derived from this technique. Water clarity in Clam Bay appears to be most strongly influenced by the amount of turbidity in the water, rather than levels of phytoplankton and dissolved organic matter. This conclusion could have perhaps been modified if more significant rain events had occurred during our sampling time period. However, an analysis of a ] 7 year period of record for a water quality station located in southeastern Clam Bay indicates that Clam Bay is a high salinity environment, with long-term average salinity values in excess of 30 ppt. This analysis also suggested that PBSf 37 Clam Bay Seagrass Assessment DRAFT October 2007 Conclusions and Action Plan salinities were trending toward lower values, at least at this site during the period of 198] to ]998. a g ,'" Phosphorus appears to lIIwmihute..tq,_~~t~:: ~.r.~~~; t2.~~';;;:~~iil~. , significant quantity of nitrogen, phosphoms and suspended solids appear to be coming from areas south of Seagate Drive, as some of these subbasins have highly urbanized landscapes with little evidence of storm water BMPs. Actions that wonld increase the influence of these areas on water quality in Clam Bay should be appropriately considered for their potential uninte~ . consequences. Within the more immediate watershed of Clam Bay, the stormwater treat~~;;t BMPs in place for the Pelican Bay subbasin appear to result in significant reductions in loads of I nitrogen, phosphoms and suspended solids. While the Pelican Bay subbasin does indeed loa the majority of nutrients and solids into Clam Bay, compared to other adjacent subbasins, i pollutant load per unit area (i.e., pounds per acre) is lower than other urbanized snbbasins, e mostly to t~!ltm!l'BM""sysum~i:.q!ll;.~ ~ In areas both with and without extensive stormwater treatment BMPs, a key strategy to reduce pollutant loads is "pollution control through volume control". Years of research on stormwater treatment technology has led to the conclusion that there aren't any "silver bullets" for a techno]ogical fix for stormwater pollution in highly urbanized watersheds. Instead, a watershed- wide approach to allow storm water runoff to soak into the landscape, rather having it be routed off the nearest creek or bay, is a much more effective strategy to minimize the impacts of urban development. Within this context, the following activities should be considered, as an appropriate approach to protect the existing water quality and natural resources of Clam Bay. 1. Development of a County-sponsored random station location water quality monitoring program for Clam Bay with 3 to 5 stations visited monthly. Water quality parameters would include basic physical parameters (i.e., temperature, salinity, pH, dissolved oxygen, Secchi disk depth) as well as basic biological parameters (nitrogen species, phosphorus species, chlorophyll-a, turbidity, color). Such data collection efforts need to have an appropriate QA/QC procedure in place, as well as the required data uploads into STORET. Additionally, opportunities for getting the information out to the public via the internet should be explored. 2. Development of a random station location seagrass and macroalga] abundance monitoring program for Clam Bay with 30 stations visited twice per year, Spring and Fall, for tracking patterns in abundance and species diversity of seagrasses and macroa]gae. PBSf 38 Clam Bay Seagrass Assessment DRAFT October 2007 Conclusions and Action Plan 3. Initiation of a comprehensive assessment of benthic communities and faunal utilization of Clam Bay, to allow for appropriate management of Clam Bay's existing and potential future habitat functions. This could include grab samples and characterization of benthic communities, as well as a seasonally-varied assessment of fish communities, with a focus on juvenile stages. 4. Consideration of controlled access of power boats to shallow portions of Clam Bay, to reduce the potentia] for prop scars and resuspension of bottorn sediments. 5. Continued maintenance and monitoring of the storm water BMP system for Pelican Bay, to ensure its continuing performance. 6. Deve]opment of a public education program to increase awareness of those activities that can be done to minimize individual impacts on stormwater loading. Such activities con]d include: . Directing rain gutters to discharge to grassed area, not pavement. . Proper maintenance of grassed swales as stormwater conveyance systems. . Potential use of "ditch b]ocks" within swales systems to moderate stormwater conveyance for low intensity rain events. . Educating the public on issues of proper disposal of grass clippings and proper fertilization of lawns and landscaping. . Educating the public on the value of adopting xeriscaping and/or "Florida Friend]y Landscapes" into their home and commercial landscaping plans. 7. Careful consideration of all aspects of increasing flows into Clam Bay from urbanized areas south of Seagate Drive. While Clam Bay is perhaps not as impacted as some might think, it should not be considered to be "pristine". The tremendous population growth that has occurred in Collier County over the past few decades has made it more susceptible to degradation. Only through careful and adaptive monitoring and management, along with common sense activities to rninimize pollntant loading impacts, can Clam Bay be protected from future environmental degradation. PBSf 39 Clam Bay Seagrass Assessment DRAFT October 2007 5.0 References Antonini, G., D.A. Fann, and P. Roat. 2002. A Historical Geography of Southwest Florida Waterways: Volume Two: Placida Harbor to Marco Island. Florida Sea Grant FLSGP- M-02-003. Brown, T.R. and RO. Hillestad. 1998. Clam Bay Restoration and Management Plan. pp.2]6. Collier County Seagrass Protection Plan .1992. Collier County, Nap]es, F]orida Collier County Seagrass Inventory. ]994. Collier County, Naples, Florida Conservancy of Southwest F]orida. ] 997. Clam Bay Restoration and Management Plan: April 9, ]997. Position Statement. Dawes, c., C. Lobban, and D. Tomasko. 1989. A comparison of the physiological ecology of Haloohila decioiens and R iohnsonii in Florida. Aquatic Botany 33: 149-154. Tomasko, D.A., D.L. Briston, and J.A. On. 200]. Assessment of Present and Future Nitrogen Loads, Water Quality, and Seagrass (Thalassia testidinum) Depth Distribution in Lemon Bay, Florida. Estuaries 24(6A): 926-938. Tomasko, D.A. 2002. Status and Trends of Seagrass Coverage in Tampa Bay, with Reference to Other Southwest Florida Estuaries. In: Seagrass Management: It's Not Just Nutrients!. Ed. H.S. Greening. Proceedings of a Symposium: August 22-24,2000, St. Petersburg, FL Tomasko, D.A., Corbett, C.A., Greening, H.S., and G.B. Raulerson. 2005. "Spatial and temporal variation in seagrass coverage in Southwest F]orida: assessing the relative effects of anthropogenic nutrient load reductions and rainfall in four contiguous estuaries." Marine Pollution Bulletin 50: 797-805. Viessman, W., G.L. Lewis, and J.W. Knapp. ] 989. Introduction to Hydrology. Third Edition. Harper and Row, New York. 1989. PBSf 40 Clam Bay Seagrass Assessment DRAFT October 2007 Florida Department of Environmental Protection Charlie Crist Governor South OISlrtct Office P.O. Box 2549 Fl. /o!YaS. Florida 33902-2549 letT Koltkamp Lt. Governor Michael W. Sole Secretary August 26, 2008 Mr. Jim Mudd, County Manager c/o Gary McAlpin Collier County 3300 Santa Barbara Blvd. Naples, Florida 34116 Re: Collier County Pelican Bay Dear Mr. Mudd, Gary McAlpin, Director of the County's Coastal Zone Management requested a letter to clarify the types of activities that may be exempt as it pertains to authorized works in mangroves,speci.fjc~y those mangroves in Pelican Bay. The mangroves and mangrove systems can.be ~inllllinedunder .the following exemption:. . .,. '" 403.9326 E:xemptiorrs (1) The following activities are exempt from the permitting requirements of 55. 403.9321- 403.9333 arId any other provision of law if no herbicide or other chemical is used to remove mangrolle foliage: (d) The maintenance trimming of mangroves that have been previously trimmed in accordance with an exemption or government authorization, including those mangroves thot naturally recruited into the area and any mangrove growth that has expanded froffl the area subsequent to the authorization.,. ifthenlainff-unee trimming does not exceed the height. and co:nfiguralion previously established. Historically established maintenance trimming is grondfathered in ail respects, notwithstanding any other provisions ofUrw. Documentation of established mangrove configuration may be verified by affidavit of a person with perscmill knowledge of the configuration or by photographs of the mangrove configuration. There was also a concern about maintenance of upland swales or. ditches where mangroves had colonized. Those ditches can be malntained under paragraph (2)(b), below. Paragraph (2)(a), below, would apply to the maintenance of the old mosquito ditche!! that had belm.maintained ac;cording to'.theexiiiting permit to improve flushing to~IJl!IIlgrove.system.. .'. .'. : '. ...".-.... .d. ", " . ,. . . ~ "Morr PlO(ect/on. Less Prrx:m- wwW.dep.state.fl.us Page 2 of 3 Gary McAlpin Pelican Bay 4OE-4.051 Exemptions From Permitting. Exemptions from permitting under Chapters 4OE-4, 40E-40 and 4OE-400, F AC. are set fin'th below. The performance of activities pursuant to the provisions of the exemptions set forth in this section does not relieve the person or persuns who are using the exemption or who are constructing or otherwise implementing tire activity from meeting tire permitting or performance requirements of other District rules. Nothing in this sectiun shall prohibit the Department from taking applt>ptiate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise exempt from pennitting pursuant to this section if the Department can demunstrate that the exempted activity has caused water pollution in violation of Chapter 403, F.S. (2) Maintenance of Systems. . (a) The performance of maintenance dredging of existing manmade canals, channels, basins, berths, and intake and discharge structures, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into wetlands or other surjiu:e waters, provided no more dredging is I'ufot trted than is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to original design specifications, and provided that cuntrol deoiJ:es are used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging. This exemption shall apply to all canals constructed before April 3, 1970, and to those canals cunstructed on or after April 3, 1970, pursuant to all necessary state pennits. This exemption shall not apply to the removal of a natural or rrummade barrier separating a canal or canal system from adjacent wetlands or other surjiu:e waters. Where no previous permit has been issued I1y the Board of Trustees of the Internal Improvement Trust Fund, the Department, the District or the United Stares Anny Corps of Engineers for construction or maintenance dredging of the existing manmade canal, channel, basin, berth or intake or discharge structure, such maintenance dredging shall be limited to a depth of no more than 5 fret below mean low water. (&) The maintenance of functiuning insect control structures, and the maintenance of functioning dikes and functioning irrigation and drainage ditches, including roadway drainage ditches, prtrlIided: ,1. The spoil material is deposited un a self-contained upland spoil site which will prevent the escape of the spoil material and return water into wetlands or other surjiu:e waters. 2. In the case of insect control structures, if the cost of using a self-cuntained upland spoil site is so excessive as detennined by the Department of Agriculture and Consumer Services, pursuant to Subsection 403.088(1), F.S., that it will inhibit the proposed insect control, existing spoil sites or dikes 1IUl)f be used, upon notification to the District. In the case of insect cuntrol where upland spoil sites are not used pursuant to this exemption, turbidity cuntrol deoiJ:es shall be used to confine the spoil material discharge to that area previously disturbed when the receiving body of water is used as a potable water supply, is designated as approved, conditionally approved, restricred or conditionally restricred waters for shellfish harvesting by the Department, or functions as a habitat for commercially or recreationally important shellfish or finfish. Page 3 of3 Gary McAlpin Pelican Bay 3. In all cases, no more dredging is to be performed than is necessary to restore the dike or irrigation or drainage ditch to its original design specifU:ations. 4. This exemption shall apply to manmade trenches dug fOr the purposeo! draining water from the land or fOr transporting water fOr use on the land and which are not /milt fOr navigational purposes. Mangrove trimming or alteration that is beyond that minimum necessary to conduct these exemptions would require authorization under the Mangrove Protection Act. Please be advised that as of July 1, 2008, a $100.00 fee is required for Department verification that a project meets the criteria as an exempt activity. H you have any questions please contact Lucianne Blair at the letterhead address, by phone at 239-332-6975 Ext 157, or by email atlucy.bIair@dep.state.fl.us. Sincerely, J! 1, ~J r IO: ~.~glehart Director of District Management Florida Department of Environmental Protection Charlie Crist Governor South District Office P.O. 80x 2549 Fl. Myers. FIOllda 33902-2549 leff Kotlkamp U. Governor August 26, 2008 RECEIVED AUG 2 9 2008 Michael W. Sole Secretary Mr. Jim Mudd, County Manager c/o Gary McAlpin Collier County 3300 Santa Barbara Blvd. Naples, Florida 34116 COASTAL ZONE MANAGEMENT Re: Collier County Pelican Bay Dear Mr. Mudd, Gary McAlpin, Director of the County's Coastal Zone Management requested a letter to clarify the types of activities that may be exempt as it pertains to authorized works in mangroves, specifically those mangroves in Pelican Bay. The mangroves and mangrove systems can be maintained under the following exemption: 403.9326 Exemptiol/s (1) The following activities are exempt from the permittil/g requirements of ss. 403.9321- 403.9333 and any other provision of law if no herbicide or other chemical is used to remove mangrove foliage: (d) The maintenance trimming of mangroves that have been previously trimmed in accordance with an exemption or government authorization, including those mangroves that naturally recruited into the area and any mangrove growth that has expanded from the area subsequent to the authorha1ion, if thR mnintenance trimming does not exceed the !1eight and cOl/figuratfan previously established. Historically established maintenance trimming is grand fathered in all respects, notwithstanding any other provisions of law. Documentation of established mangrove configuration may be verified by affidavit of a person with personal knowledge of the configuration or by photographs of the mangrove configuration. There was also a concern about maintenance of upland swales or ditches where mangroves had colonized. Those ditches can be maintained under paragraph (2)(b), below. Paragraph (2)(a), below, would apply to the maintenance of the old mosquito ditches that had been maintained according to the existing permit to improve flushing to the mangrove system. , ..More Protection. Less Process" \IVJ.1I1tY.dep.st3Ie.fl.u5 Page 2 of 3 <3'ary McAlpin Pelican Bay 40E-4.051 Exemptions From Permitting. Exemptions from permitting under Chapters 40E-4, 40E-40 and 40E-400, F.A.C. are set forth below. The performance of activities pursuant to the provisions of the exemptions set forth in this section does not relieve the person or persons who are using the exemption or who are constructing or othenuise implementing the activity from meeting the permitting or performance requirements of other District rules. Nothing in this section shall prohibit the Department from taking appropriate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise exempt from permitting pursuant to this section if the Department can demonstrate that the exempted activity has caused water pollution in violation of Chapter 403, F.S. (2) Maintenance of Systems. (a) The performance of maintenance dredging of existing manmade canals, channels, basins, berths, and intake and discharge structures, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into wetlands or other surface waters, provided no more dredging is performed than is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to original design specifications, and provided that control devices are used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging. This exemption shall apply to all canals constructed before April 3, 1970, and to those canals constructed on or after April 3,1970, pursuant to all necessary state permits. This exemption shall not apply to the removal of a natural or man made barrier separating a canal or canal system from adjacent wetlands or other surface waters. Where no previous permit has been issued by the Board of Trustees of the Internal Improvement Trust Fund, the Department, the District or the United States Army Corps of Engineers for construction or maintenance dredging of the existing manmade canal, channel, basin, berth or intake or discharge structure, such maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water. (b) The maintenance of functioning insect control structures, and the maintenance of functioning dikes and functioning irrigation and drainage ditches, including roadway drainage ditches, provided: 1. The spoil material is deposited on a self-contained upland spoil site which will prevent the escape of the spoil material and return water into wetlands or other surface waters. 2. In the case of insect control structures, if the cost of using a self-contained upland spoil site is so excessive as determined by the Department of Agriculture and Consumer Services, pursuant to Subsection 403.088(1), F.S., that it will inhibit the proposed insect control, existing spoil sites or dikes may be used, upon notification to the District. In the case of insect control where upland spoil sites are not used pursuant to this exemption, turbidity control devices shall be used to confine the spoil material discharge to that area previously disturbed when the receiving body of water is used as a potable water supply, is designated as approved, conditionally approved, restricted or conditionally restricted waters for shellfish harvesting by the Department, or functions as a habitat for commercially or recreationally important shellfish or finfish. Page 3 of 3 G<ery McAlpin Pelican Bay 3. In all cases, no more dredging is to be performed than is necessary to restore the dike or irrigation or drainage ditch to its original design specifications. 4. This exemption shall apply to manmade trenches dug for the purpose of draining water from the land or for transporting water for use on the land and which are not built for navigational purposes. Mangrove trimming or alteration that is beyond that minimum necessary to conduct these exemptions would require authorization under the Mangrove Protection Act. Please be advised that as of July 1, 2008, a $100.00 fee is required for Deparbnent verification that a project meets the criteria as an exempt activity. If you have any questions please contact Lucianne Blair at the letterhead address, by phone at 239-332-6975 Ext 157, or by email atlucy.blair@dep.state.fl.us. Sincerely, _.f! 1- ~J r Jon M. Iglehart Director of District Management KeyesPamela , - From: Sent: To: Subject: McAlpinGary Thursday, June 12, 2008 8:38 AM KeyesPamela FW: Clam Bay Pamela, Pull together a turnover package with PBSD withj Permit applications Latest wording on the informational marker Maps with proposed location of nav and informational markers Quotes to do the work J. Gary McAlpin, Director Coastal Zone Management 33ee Santa Barbara Blvd. Naples, Florida 34116 GarvMcAlpin~colliergov.net (239) 252-5342 Fax: (239) 353-4e61 -----Original Message----- From: mudd_j Sent: Wednesday, June 11, 2ee8 6:48 PM To: ochs_l Cc: McAlpinGarYj ramsey_mj GreeneColleen Subject: RE: Clam Bay Leo, Send info to PBSD director and lets setup a meeting with him to get this resolved through the PBSO and us. Jim -----Original Message----- From: ochs_l Sent: Wednesday, June 11, 2ee8 5:15 PM To: mudd_j Cc: McAlpinGaryj ramsey_mj GreeneColleen Subject: FW: Clam 8ay Jim, We now have the decisions of the 2 permit authoritiesj DEP says their permit allows, but doesn't require, channel markings for aids to navigation and the ACOE says the placement of channel markers are required for compliance with their permit. My recommendation is we turn this information over to the P8SD with a request for their action plan to obtain full compliance or to work jointly with our staff to achieve same. Do you have a preference? t P.s. the response below from the Corps asks for a letter of compliance. -----Original Message----- From': McAlpinGary Sent: Wednesday, June 11, 2008 5:00 PM To: Ovdenk, Cynthia D SAJ; ochs_l; ramsey_m Subject: RE: Clam Bay Thanks, Cynthia, I have it now and I appreciate your help and patience in resolving this issue. J. Gary McAlpin, Director Coastal Zone Management 3300 Santa Barbara 8lvd. Naples, Florida 34116 GarvMcA1Din~colliergov.net (239) 2S2-5342 Fax: (239) 353-4061 -----Original Message----- From: Ovdenk, Cynthia D SAJ [mailto:Cynthia.D.Ovdenk@usace.army.mil] Sent: Wednesday, June 11, 2008 2:58 PM To: McAlpinGary Subject: RE: Clam Bay Sorry Gary. It appears I had an error in spelling. It is funny that this did not come back as undeliverable. Please let me know when you receive this. Thanks, Cynthia Ovdenk Project Manager, Enforcement Section Regulatory Division Jacksonville District Office: 239-334-1975 Cell: 904-614-6381 Fax: 239-334-0797 Please assist us in better serving you! Please complete the customer survey by clicking on the following link: httD://regulatorv.usacesurvev.com/ -----Original Message----- From: Ovdenk, Cynthia D SAJ Sent: Monday, June 09, 2008 3:56 PM To: 'garymcalpin@coliiergov.net' Cc: Summa, Eric P SAJ Subject: SAJ-1996-2789 Clam 8ay Restoration and Management Plan Dear Mr. McAlpin, This email is in response to the question of compliance as related to channel markers for the subject line permit. According to Special Condition (2) of this permit: The Permittee agrees - to comply with the components and timeframes as specified within the Clam Bay Restoration Management Plan (CBRMP), which is attached to this permit as Attachment "A". All attachments to a Corps permit are included as part of the permit and therfore enforceable. A section of the management plan located on Page 38 and 39 2 states: the main channel will be marked in accordance with the requirements of the United States,Coast Guard (USCG) to ensure that those who use the system clearly know where the channel is and the prohibitions of operating their water craft outside the same. Therefore, in order for this permit to be in compliance the channel must be marked per the USCG's requirements. Please submit a letter to the Corps indicating the channel markers are in place, along with the dates and pictures. Thank you, Cynthia Ovdenk Project Manager, Enforcement Section Regulatory Division Jacksonville District Office: 239-334-1975 Cell: 984-614-6381 Fax: 239-334-8797 Please assist us in better serving you! Please complete the customer survey by clicking on the following link: http://regulatorv.usacesurvev.com/ -----Original Message----- From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Wednesday, June 11, 2888 12:26 PM To: Ovdenk, Cynthia D 5AJ; Djfinlay@aol.com Subject: RE: Clam Bay Cynthia, Any progress on your letter of compliance on the navigational markers? J. Gary McAlpin, Director Coastal Zone Management 3388 Santa Barbara Blvd. Naples, Florida 34116 GarvMcAlpin~colliergov.net (239) 252-5342 Fax: (239) 353-4861 3 ~inGary From: Sent: To: Subject: KeyesPamela Thursday, January 15, 2009 1 :09 PM McAlpinGary FW: Clam Bay Pamela Keyes Environmental Specialist Coastal Zone Management Department 3300 Santa Barbara 8lvd Naples, FL 34116 Office (239) 252-2980 Cell (239) 601-1130 Fax (239) 353-4061 pamelakeyes~colliergov.net -----Original Message----- From: McAlpinGary Sent: Thursday, June 12, 2008 8:38 AM To: KeyesPamela Subject: FW: Clam Bay Pamela, Pull together a turnover package with PBSD with; Permit applications Latest wording on the informational marker Maps with proposed location of nav and informational markers Quotes to do the work J. Gary McAlpin, Director Coastal Zone Management 3300 Santa Barbara 8lvd. Naples, Florida 34116 GaryMcAlpin~colliergov.net (239) 252-5342 Fax: (239) 353-4061 -----Original Message----- From: mudd_j Sent: Wednesday, June 11, 2008 6:48 PM To: ochs I Cc: McAlpinGary; ramsey_m; GreeneColleen Subject: RE: Clam Bay Leo) Send info to P8SD director and lets setup a meeting with him to get this resolved through the PBSD and us. 1 Jim -----Original Message----- From: ochs_l Sent: Wednesday, June 11, 2008 5:15 PM To: mudd_j Cc: McAlpinGary; ramsey_m; GreeneColleen Subject: FW: Clam Bay Jim, We now have the decisions of the 2 permit authorities; DEP says their permit allows, but doesn't require, channel markings for aids to navigation and the ACOE says the placement of channel markers are required for compliance with their permit. My recommendation is we turn this information over to the PBSD with a request for their action plan to obtain full compliance or to work jointly with our staff to achieve same. Do you have a preference? P.s. the response below from the Corps asks for a letter of compliance. -----Original Message----- From: McAlpinGary Sent: Wednesday, June 11, 2008 5:00 PM To: Ovdenk, Cynthia 0 SAJ; ochs_l; ramsey_m Subject: RE: Clam Bay Thanks, Cynthia, I have it now and I appreciate your help and patience in resolving this issue. J. Gary McAlpin, Director Coastal Zone Management 3300 Santa Barbara Blvd. Naples, Florida 34116 GarvMcAlpin~colliergov.net (239) 252-5342 Fax: (239) 353-4061 -----Original Message----- From: Ovdenk, Cynthia 0 SAJ [mailto:Cynthia.D.Ovdenk@usace.army.mil] Sent: Wednesday, June 11, 2008 2:58 PM To: McAlpinGary Subject: RE: Clam Bay Sorry Gary. It appears I had an error in spelling. It is funny that this did not come back as undeliverable. Please let me know when you receive this. Thanks, Cynthia Ovdenk Project Manager, Enforcement Section Regulatory Division Jacksonville District Office: 239-334-1975 Cell: 904-614-6381 Fax: 239-334-0797 2 Please assist us in better serving you! Please complete the customer survey by clicking on the following link: http://regulatorv.usacesurvev.com/ -----Original Message----- From: Ovdenk, Cynthia D sAJ Sent: Monday, June 09, 2008 3:56 PM To: 'garymcalpin@coliiergov.net' Cc: Summa, Eric P sAJ Subject: sAJ-1996-2789 Clam Bay Restoration and Management Plan Dear Mr. McAlpin, This email is in response to the question of compliance as related to channel markers for the subject line permit. According to Special Condition (2) of this permit: The Permittee agrees to comply with the components and timeframes as specified within the Clam Bay Restoration Management Plan (CBRMP), which is attached to this permit as Attachment "A". All attachments to a Corps permit are included as part of the permit and therfore enforceable. A section of the management plan located on Page 38 and 39 states: the main channel will be marked in accordance with the requirements of the United States Coast Guard (USCG) to ensure that those who use the system clearly know where the channel is and the prohibitions of operating their water craft outside the same. Therefore, in order for this permit to be in compliance the channel must be marked per the USCG's requirements. Please submit a letter to the Corps indicating the channel markers are in place, along with the dates and pictures. Thank you, Cynthia Ovdenk Project Manager, Enforcement Section Regulatory Division Jacksonville District Office: 239-334-1975 Cell: 904-614-6381 Fax: 239-334-0797 Please assist us in better serving you! Please complete the customer survey by clicking on the following link: http://regulatorv.usacesurvev.com/ -----Original Message----- From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net] Sent: Wednesday, June 11, 2008 12:26 PM To: Ovdenk, Cynthia D sAJ; Djfinlay@aol.com Subject: RE: Clam Bay Cynthia, Any progress on your letter of compliance on the navigational markers? J. Gary McAlpin, Director Coastal Zone Management 3300 Santa 8arbara Blvd. Naples, Florida 34116 GarvMcAlpin~colliergov.net (239) 252-5342 Fax: (239) 353-4061 3 Memorandum Florida Department of Environmental Protection DATE: June 09, 2008 TO: Gary McAlpin FROM: Lainie Edwards Environmental Permitting Section Bureau of Beaches & Coastal Systems SUBJECT: Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long Term Management Project (0128463-001-JC) The Clam Bay Restoration and Long Term Management Project Joint Coastal Permit was written with the intent of environmental enhancement. The permit includes descriptions of authorized activities related to the dredging of Clam Pass and the maintenance of the mangrove community. It should be noted that this type of interior waterway managernent is not a typically regulated under the JCP program. In the future dredging or filling of the interior waterways will be regulated under the ERP program through the DEP South District Office. However, the JCP program will continue to regulate the maintenance of a flushing outlet through Clam Pass, but only when it involves the dredging and placement of beach compatible sand on the adjacent beaches. The Joint Coastal Permit (on page two) authorizes the activities included in the Clam Bay Restoration and Management Plan. This plan references the marking of the main channel with requirements imposed by the United States Coast Guard (USGS). While the JCP permit does authorize this activity through adoption of the Plan, it does not require it, and the Department will not seek compliance action over this issue. As stated in the permit, "the Permittee is authorized to implement the CBRMP as set forth therein." Note this does not state that the permittee is required to conduct all activities stated therein. Furthermore, the Joint Coastal Permit does specifically address signage / environmental protection markers that the Bureau of Beaches and Coastal Systems requires in the Pass area through Specific Condition 5, which discusses 10 signs required to be installed in specific locations, in order to protect the natural communities as well as the boating public. The Bureau of Beaches and Coastal Systems requires that these signs be installed as protective environmental measures (although the wording on the signs will have to be amended to meet legal requirements ofFWC). The required signage intended by the permit is specified within the permit, and it is clear that the intent of the permit was environmental enhancement rather than navigational enhancements. From the Department's standpoint, the installation of the USCG navigation markers are not a specific requirement of this permit, and the signage required in Special Condition 5 of the permit would address the Department's environmental enhancement concerns. Thus, it does not appear that the additional signage would be necessary. COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Blvd.' Naples, Florida 34116-6601 (239)-213-2966' FAX (239) 353-4061 . http://www.colliergov.net April 21, 2008 Mr. Joe Embres United States Coast Guard 909 South East First Avenue Miami, FL 33131 REF: Private Aids to Navigation, Clam Bay, Collier County Dear Mr. Embers: Collier County is applying to permit a waterways channel, red and green dayboards, from the Gulf, through Clam Pass into Clam Bay. This channel is a requirement ofFDEP Permit No. 0128463-001-JC. Please find enclosed, an aerial photograph showing the location of each dayboard marker, Idle Speed sign, Informational Marker, Coast Guard Private Aids to Navigation Application and a copy of the DEP permit. If you have any questions, please call me at 239-252-2980. Sincerely, Pamela Keyes Environmental Specialist cc: Tara Alford, FFWCC COLLIER COUNTY COLLIER COUNlY DMSION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Boulevard. Naples, F]orida 34116-6601 (239) 213-2966' Fax: (239) 353-4061 . hltp://www.colliergov.net April 11, 2008 Lainie Edwards, Environmental Manager FL Deparunent of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, FL 32399 RE: FDEP Permit No.: 01 28463-001-JC Dear Ms. Edwards: This letter is in regards to FDEP Permit No.: Oi28463-001-JC, in Collier County. Collier County is working on achieving compliance with the navigational aspect of the above mentioned permit. Part of the permit requirements are installing navigation, red and green, day-board markers, five "Idle Speed-NoWake" signs and five (5) signs stating; "Caution -Shallow Water and Natural Resources Present-Tilt Motor Up to Prevent Prop Dredge -Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." found on page 9 of21. Collier County is in the process of applying for the navigational and "Idle Speed-NoWake" markers permitted through U.S. Coast Guard, FDEP and FWC. However, the "Caution-Shallow Water..." markers, due to the verbiage, are not allowed to be permitted according to FWC. Please provide our department within Collier County with suggestions of the appropriate wording that could be permitted through FWC and in compliance with the Clam Bay permit. Thank you for all your assistance and if you need any additional information, please contact Pamela Keyes at (239)-252-2980 or PamelaKeves(qlcolliergov.net. ,_~r:~, 0 ~~ Pamela Keyes, Environmental Specialist CC: Jim Burke John Petty Ky]e Lukasz Tim Hall David Buser Tara Alford c o ~~ . . c o " H . y COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES Coastal Zone Management 3300 Santa Barbara Boulevard. Naples, florida 34116-6601 (239)-213-2966 · fAX 239-353-4061 TO: Tara Alford, Management Analyst FROM: Pamela Keyes, Environmental Specialist DATE: 5/9/08 SUBJECT: Clam Bay Waterways Markers, Collier County I would like to start by apologizing in regards to the volume of phone calls you have been receiving on the Clam Bay project. I have provided a little background information on this project to help with future decisions that may help resolve any confusion. The signage in question is being requested as a requirement of a 1998 DEP permit. Special condition 5 of the permit (on page 9 of 21) states that "Florida Marine Patrol approved signs that state "Idle Speed - No Wake" and "Caution - Shallow Water and Natural Resources Present - Tilt Motor Up to Prevent Prop Dredge ~ Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." shall be placed at five locations within the system. The five locations are also identified. I understand that the "tilt motor" sign would not be allowed at all because it is for resource protection and not for public safety or manatee protection. In 1996 Collier County adopted ordinance 96-10 (attached) to impose an idle speed zone within the Clam Bay system "in the interest for the safety and welfare of the canoeing public, kayakers, and small boat operators,..." We still believe that these markers will protect public safety in the following manner(s): · Clam Pass is a shallow, generally wade-able pass that is subject to high visitation rates by beachgoers. People are always wading or swimming this pass and the "Idle Speed" restriction will help to protect these swimmers and waders at the beach. · There are two canoe and kayak launch points, one in Outer Clam Bay and another off of the northernmost Pelican Bay boardwalk. The "Idle Speed" restriction will help to avoid potentially adverse interactions between the motorized and non-motorized vessels. . The Clam Bay Estuary is a series of three bays connected by a very narrow and winding channel with limited line-of sight. Canoes and kayaks regularly travel the channels between the bays and the "Idle Speed" restriction will protect them from faster moving motorized vessels that could upset or over- run them. Proiect Goals: · We would like to work with your office to obtain authorization for the Idle Speed signs as well as a modified version of the "tilt motor" sign that would read "Shallow Water and Seagrasses Present - Please Proceed with Caution" (please see attached example) · Modify the placement of the signage from the locations identified in the DEP permit by using the three bridges and the piling near Seagate. This would prevent placing four additional posts and would be easier to maintain. Please find attached the following items: · A copy of the 1998 FDEP permit with the signage special condition highlighted on page 9 of 21 for background information. · A copy of Collier County Ordinance Number 96-16 dedicating the Clam Pass System as an Idle Speed zone. · An map depicting the required (in the DEP permit) signage locations with coordinates. We can coordinate with your office and DEP if alternative locations are needed. · A Uniform Waterway Marker Application (form FWC\DLE 153) with the proposed signage information. Please let me know if you need any further information. I can be reached at 239-252-2980 or at Pamelakeyes@colliergov.net Thank you for your time. COLLIER COUNTY COLLIER COUNTY DIVISION OF PUBLIC SERVICES COASTAL ZONE MANAGEMENT 3300 Santa Barbara Blvd. . Naples, Florida 34116-660 I (239)-2] 3-2966 . FAX (239) 353-4061 . http://www.colliergov.net April 21, 2008 FLDEP 2295 Victoria Ave. Suite 364W Ft. Myers, FL 33901 RE: Exemption Application for Rule # 40E-4.501 (7) To Whom It May Concern: Collier County Coastal Zone Management Department has recently filed an application for the construction of a new waterways channel in the Clam Bay area. This application has been sent and is pending approval by the U.S Coast Guard. The waterways channel will consist of twenty eight green (28) and red dayboard markers, five (5) "Idle Speed No Wake" and five (5) Informational markers. Please find attached a copy ofthe original application to the U.S. Coast Guard, and map of the proposed channel and section A of the NGP. This letter is being written by Collier County to request an Exemption Permit through DEP under rule #40E-4.051. If you have any questions or need additional information regarding this application, please call Pamela Keyes at 239-252-2980. Thank you for your assistance with this request. S incerel y, Pamela Keyes Environmental Specialist Florida Department of Environmental Protection LI~clrli(' (rl\1 CmT 1"!l(1 I South District Office P.O. Box 2549 Ft. Myers. Florida 33902-2549 lei! I\utlkllllfl It Cldl'l'rlli.11 !\'lic!l~lcl \..v_ Sole SeClTI:]!") May 21, 2008 Collier County Coastal Zone Management Department cj 0 Pamela Keyes 3300 Santa Barbara Blvd. Naples, FL 34106 RECEIVED MAY 2 9 2008 COASTAL ZONE MANAGEMENT Re: Collier County - ERP File No. 11-0288121-001 Dear Coastal Zone Management Department: This is to acknowledge receipt of your application on Apri] 22, 2008 for an Environmental Resource Permit, pursuant to Part IV, Chapter 373, Florida Statutes (F.5.), and an authorization to use state-owned submerged lands, pursuant to Chapte~ 253, F.5., to construct 28 red and green channel markers, 5 Idle Speed No Wake signs, and 5 Informational signs, located within a navigable channel from the Gulf of Mexico into Clam Bay, Class II Waters, Collier County. In order to reVIeW your application, we need the Items listed ill the enclosed re'luesr for additional information (RAI) by August 19, 2008. If necessary, you may request an extension up to ninety (90) additional days. If neither the information nor a request for an extension is received by August 19, 2008, your application may be denied without prejudice If you revise your project after submitting the initial joint application, please contact us as soon as possible. We appreciate your cooperation. If you have any questions, please contact Tim Schwan at the letterhead address, by telephone at (239) 332-6975 extension 193 or by email at Timothy.Schwan@dep.state.fl.us. When referring to this project, please reference the file number listed above. Sincerely, ~d~ Tim Schwan Environmental Specialist Submerged Lands and Environmenta] Resources Program Enclosure: Request for Additional Information 'Afore PUllcction. In.~ Procc.~~". 11'I1'11'_dL:V.,t.:irc.l7.w Date Requested: May 21,2008 Application No: 11-028812]-00] Applicant: Collier County Coastal Zone Management Department Page 1 of 4 REQUEST FOR ADDITIONAL INFORMATION (RAI) BOARDWALKS, DOCKS, AND PIERS Part I (Chapter 62-343, Florida Administrative Code) 1. The exemption for Aids to Navigation, 40E-4.051(7) Florida Administrative Code, states the following, "The installation of aids to navigation, including bridge fender piles, No Wake and similar regulatory signs, and buoys associated with such aids, provided that the devices are marked in accordance with Section 327.40, F.S.". Please provide reasonable assurance that the devices are marked in accordance with Section 327 .40, F.S. r QI} A ~p!f cp-\!D D.ate Requested: May 21, 2008 Application No: 1]-028812]-001 App]icant Collier County Coastal Zone Management Department Page 2 of 4 FOR YOUR INFORMATION Your project may be located within or adjacent to: 2L manatee habitat turtle habitat a shellfish harvesting area an area of critical state concern a national or state park the Aquatic Preserve other and may be affected by comments from those entities having special interest in the project. Modifications to your project may be necessary upon receipt of the requested comments. Your proposal may require a coastal construction permit from the Department's Bureau of Beaches and Coastal Systems. Please contact them at 3900 Commonwealth Bou]evard, Mail Station 310, Tallahassee, Florida 32399, phone 904-488-3181 or 487-4475, to obtain a determination. If a permit is required, submittal of a complete copy of the permit will be needed to complete this application. An inspection of the project site may be conducted to determine and evaluate the resources expected to be impacted. Project modifications may be required following the inspection. In addition, you must provide reasonable assurance that this activity is not contrary to the public interest. However, if an activity significantly degrades or is within an Outstanding Florida Water (OFW), that project must be shown to be clearly in the public interest. Your project is not within an OFW. In determining whether a project is clearly in the public interest, the Department will consider and balance the following criteria: 1. Whether the project will adversely affect the public health, safety, or welfare or the property of others; 2. Whether the project will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats; 3. Whether the project will adversely affect navigation or the flow of water or cause harmful erosion or shoaling; 4. Whether the project will adversely affect the fishing or recreational values or marine productivity in the vicinity of the project; 5. Whether the project will be of temporary or permanent nature; 6. Whether the project will adversely affect or will enhance significant historical and archaeological resources under the provisions of section 267.06]; and 7. The current condition and relative value of functions being performed by areas affected by the proposed activity. [See 373.414, F.S.] Date Requested: May 21, 2008 Application No: 11-0288 ]2] -00 1 Applicant: Collier County Coastal Zone Management Department Page 3 of 4 The Department, in deciding to grant or deny a permit, shall consider measures proposed by or acceptable to the applicant to mitigate adverse effects which may be caused by the project. If the applicant is unable to meet water quality standards because existing ambient water quality does not meet standards, the Department shall consider mitigation measures proposed or acceptable to the applicant that cause net improvement of the water quality in the receiving body of water for those parameters which do not meet standards. Before considering mitigation, all reasonable measures must first be taken to reduce the adverse effects which otherwise render the project unpermittable. [373.414(b), F.S.] Date Requested: May 2], 2008 Application No: 11-0288121-001 Applicant: Collier Connty Coastal Zone Management Department Page 4 of 4 Part II CONSENT OF USE (Chapter 18-21, Florida Administrative Code) Note: The following questions are only applicable if your activity will affect state-owned sovereign, submerged lands. If you can document that your proposed project does not affect state-owned sovereign, submerged lands, please contact our office and provide copies of the documentation. Otherwise, please proceed to answer the following questions. 1. The exemption for Aids to Navigation, 40E-4.051 (7) Florida Administrative Code, states the following, "The installation of aids to navigation, including bridge fender piles, No Wake and similar regulatory signs, and buoys associated with such aids, provided that the devices are marked in accordance with Section 327.40, F.S.". Please provide reasonable assurance that the devices are marked in accordance with Section 327.40, F.S. Please note: If the project meets the exemption criteria of 40E-4.051(7), proprietary authorization will be authorized through consent by rule. ;j ~ ... H .,.~ " , 'is. R : l\.... 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()'!1 >~ e:" -;'ii - " o~ za Page 1 of3 KeyesPamela Alford, Tara [tara.alford@MyFWC.com] Tuesday, June 03, 2008 2:48 PM Margot Osborne; SoreySan@aoLcom; mrlc@mac.com KeyesPamela; Ouellette, Paul; McAlpinGary; mbauer@naplesgov.com; bmoss@naplesgov.com; mayor@naplesgov.com; joseph.b.embres@uscg.mil; Keyser, Carol; Lainie.Edwards@dep.state.fl.us; Lucy.Blair@dep.state.fl.us; fiala_d; HalasFrank; CoyleFred; ColettaJim; henning_t; ochsJ; ramseLm Subject: RE: Proposed markers in Clam Pass/Clam Bay Expires: Sunday, November 30, 2008 12:00 AM Attachments: 68D23-110 -Inspection and Certification. doc From: Sent: To: Cc: Dear Collier County/Clam Pass/Clam Bay Stakeholders: Thank you for your interest in this issue. I have received several emails and phone calls from you regarding this issue. While we appreciate your concern and interested in this issue, this office is not the primary permitting agency for private aids to navigation markers (PATN's). Collier County has applied for a permit to place regulatory/informational markers in Clam Pass, Outer Clam Bay and Pelican Bay Boardwalk. There is no mention of any red/green markers, which are typically referred to as private aids to navigation in the application and/or associated materials. In March of 2000, Collier Co., via a consultant requested and obtained a permit for placement of thirty-two (32) canoe trail markers. These markers are strictly informational and in no way 'direct or regulate vessel traffic'. It should also be noted that Collier Co., nor its consultant at the time, have ever provided the required updates for these signage as outlined in 68D-23.110 FAC. In fairness to Collier Co., this portion of the existing rule 68D-23 was not enacted until December 2001 and amended again in October 2006, with copies of the entire rule being provided. During my preliminary review of their latest application for markers in Clam Bay/Pass, etc., it appears the county is desiring to place informational (seagrass, shallow, etc.,) markers along with regulatory (idle speed no wake) markers. It should be noted that so long as the 611212008 Page 2 of3 county has provided the required criteria for placement of markers, which at this time it appears they have, we will issue a permit based upon authorization from the United States Coast Guard, the Florida Department of Environmental Protection, the US Army Corps of Engineers and any local agencies. If you have concerns with the direction of this project, I urge you to contact the county, specifically the coastal zone management office. I have copied that office with this email and would ask that they provide each of you with an electronic version of the application sent me. My point of contact with that office is Ms. Pamela Keyes, and her email address is pamelakeyes@colliergov.net Thank you again for your interest in this issue. Tara Tara Alford, Management Analyst Boating and Waterways Section Florida Fish & Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-1600 Patrol, Protect, Preserve 850-410-0656, ext. 17169 850- 251-7220 - Cell 195*105*2598 - Nextel DC 850-488-9284 - Fax ta ra.a Iford~mvfwc. com RaATINQ'-!.~ :;; OfId'WCi.~ -,.:""';'-' From: Margot Osborne [mailto:mcosborne@mac.com] Sent: Monday, June 02, 2008 9:25 PM To: joseph.b.embres@uscg.mil; Alford, Tara; Keyser, Carol; Lainie.Edwards@dep.stateJl.us; Lucy.Blair@dep.state.f1.us; DonnaFiala@colliergov. Net; frankhalas@colliergov.net; Fredcoyle@Colliergov. Net; JimColetta@colliergov. Net; TomHenning@colliergov. Net; LeoOchs@colliergov.net; marlaramsey@colliergov.net; GaryMcAlpin@colliergov.net; mbauer@naplesgov.com; bmoss@naplesgov.com; SoreySan@aol.com; mayor@naplesgov.com 6/12/2008 % I::l ........ ~ ~ ~ <;J < ~ '-.\ ~ \l ~ ~ \t t5? ") ~ ~ c- " '- " ~ ~ ~ ~ ~ ~ "- "" ~ <=+-- Clam Bav Advisory Committee Draft Proposal 1/16/09 Creation and Purpose of the Clam Bav Advisory Committee. The Committee will be specifically tasked to address all issues affecting the entire Clam Bay estuary. The Committee is created to assist the Coastal Advisory Committee and the Board of County Commissioners with all issues affecting the management, direction, health, and long term viability of Clam Bay. Functions. Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be to advise and make recommendations to the Coastal Advisory Committee and the Board of County Commissioners on matters pertaining to Clam Bay including the immediate management permit issues, development of a comprehensive long term master plan, and the day to day operation of the estuary. The long term management plan will address, among other issues, water quality and sampling; best management practices for Clam Bay and adjacent water bodies; tidal flushing and mixing; mangrove maintenance; channel maintenance associated with the hand-dug channels; nutrient loadings, runoff control; Clam Pass maintenance; sand bypassing at Clam Pass; navigation; marine life; education and outreach; funding; and permit compliance. The Committee and Coastal Advisory Committee will assume responsibility for any and all previous permit direction and/or permit management of this estuary. The Committee will also address funding requirements and present recommendations to the Coastal Advisory Committee and Board of County Commissioners. Clam Bay Advisory Committee 1/20/2009 II. Background . 10 year FDEP and USACE permit that expired in 2008 for the management of the Clam Bay Estuary that was managed by PBSD with yearly monitoring conducted by Tim Hall of Terrell/Hall Associates. . PBSD was a good steward for the mangroves and storm water resources. PBSD restored a significant mangrove die-off back to health. . PBSD focused on the immediate operational area and not the entire estuary. The entire estuary is upper, middle, lower Clam Bays with the interconnecting canals from Vanderbilt Beach Road to Seagate Drive. . Seagate community voiced concerns about permit violations and actively solicited the Regulatory Agencies (FDEP/USACE/USCG) and Collier County to investigate the following issues: o Navigation/Channel marking o Sea grass die-off and water quality o Drawbridge issues . County initiated a sea grass survey through Dr. David Tomasko ofPBS&J. Study attached and concluded: 1. The seagrasses were probably overstated and probably not an issue. 2. Estuary needed to be managed as a whole and not as small separate pieces. 3. The estuary is not pristine and not impaired but median 4. Water quality should be one of our major concerns estuary wide. Estuary wide water quality trends were/are troublesome. 5. Existing water quality data is suspect; little QA/QC or reporting to the state 6. No BMP from Naples and Naples Contributing to significant water quality issues from the south. . Additionally the County wanted to address the following items in the management of this estuary: 1. Ebb tide shoal and re-nourishment of Clam Pass Beach Park 2. Estuary managed to the benefit of the mangroves and possibly to the detriment of the rest of the ecosystem i.e. seagrasses and marine life. 3. County wanted to close out the original permit because restoration goals have been achieved. 4. County desired to have a community asset managed by the entire community. 5. Work groups were established to address what it considered pressing issues. The work groups were not usually attended by Pelican Bay except for Jim Burke. . Work Groups were established and addressed the following issue: 1. Water quality and sampling 2. BMP's for Seagate and Venetian Bay 3. Mixing Analysis for outer Clam Bay 4. Sand bypassing at Clam Pass ebb tide shoal 5. Navigation 6. Marine life including Sea grass monitoring 7. Education and Outreach 8. Funding 9. Development of a new permit · Through tremendous anxiety and two meetings with the BCC, the BCC authorized the Clam Bay Advisory committee.