Agenda 09/25/2012 Item #16A9 9/25/2012 Item 16.A.9.
EXECUTIVE SUMMARY
Recommendation to ratify the County Manager's determination of the existence of a local shoreline
emergency at the Pelican Bay southern beach facility in the vicinity of FDEP monument R-41 and
to allow temporary emergency mitigation and repair activities without requiring a Florida
Department of Environmental Protection permit.
OBJECTIVE: Declare the existence of a local shoreline emergency at the Pelican Bay southern beach
facility to allow emergency temporary mitigation and repair activities without obtaining an FDEP permit.
CONSIDERATIONS: Clam Pass over the past two to three weeks has shifted significantly to the
northwest and is now 5 to 7 feet away from undermining the foundation of Pelican Bay's southern beach
facility. This facility is in the vicinity of R-41 on the north side of Clam Pass. linmediate action is
needed to mitigate the situation. Pelican Bay is prepared to place concrete traffic barricades that are
typically used for dividing traffic in this location to stabilize the bank. This work would be very
temporary and any barricades place in this location would be removed once a more permanent temporary
solution is in place.
By declaring the existence of this emergency condition at this location, Pelican Bay can proceed with
immediate action without obtaining a Florida Department of Environmental Protection permit. This relief
will remain in effect for 60 days or until the channel migration is abated; the barricades removed or a
permit obtained. During this period of time, the Pelican Bay Foundation and County staff will jointly
work together to permit and implement a more permanent temporary solution.
Florida Statutes, Chapter 161.085 (3), allows the declaration of a local shoreline emergency per rule 62B-
33.0051 paragraph 5.
FISCAL IMPACT: The Pelican Bay Foundation will incur all costs for these emergency repairs.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has not been reviewed by the County Attorney's Office.
RECOMMENDATION: To ratify the County Manager's determination of the existence of a local
shoreline emergency at the Pelican Bay southern beach facility in the vicinity of FDEP monument R-41
and to allow temporary emergency mitigation and repair activities without requiring a Florida Department
of Environmental Protection permit.
PREPARED BY: J. Gary McAlpin,P.E., Coastal Zone Management,Natural Resources Department
ATTACHMENTS:
1. Clam Pass Beach photographs
2. 2012 Florida Statute
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9/25/2012 Item 16.A.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9.
Item Summary: Recommendation to ratify the County Manager's determination of the
existence of a local shoreline emergency at the Pelican Bay southern beach facility in the
vicinity of FDEP monument R-41 and to allow temporary emergency mitigation and repair
activities without requiring a Florida Department of Environmental Protection permit.
Meeting Date: 9/25/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
9/19/2012 5:46:54 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
•
Name: BrockMaryJo
9/19/2012 5:46:55 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 9/19/2012 6:08:09 PM
Packet Page -2171-
9/25/2012 Item 16.A.9.
Online
Sunshit Official Internet Site of the FIti
,
September 19, 2012 1u 2012 _l' Search sear I
Search Statutes: --.I J
Home 2012 -1 Go
Senate Select Year: --.i
House
Citato
Statutes.
Constitution. The 2012 Florida Statutes
Et Laws of Florida
I lurid Title XI Chapter 161 View
atute COUNTY ORGANIZATION AND BEACH AND SHORE Entire
earc INTERGOVERNMENTAL RELATIONS PRESERVATION Chapter
atute 161.085 Ri id coastal armorin structures.-
rch Tip 8 lorid (1) The state recognizes the need to protect private structures and public
stitution
aws o infrastructure from damage or destruction caused by coastal erosion. Until such
lurid
time as the state takes measures to reduce erosion on a regional basis, this
Legislative a section is the state's policy on rigid coastal armoring structures, pursuant to ss.
Executive Branch
161.041 and 161 053, for protection of private property and public
Lobbyists
infrastructure.
cessll11 (2) In order to allow state and federal agencies,obbyistsLegi g , political subdivisions of the
lativ state, and municipalities to preplan for emergency response for the protection
Lobbyis
DirectoryEx of private structures and public infrastructure, the department, pursuant to s.
ut' 161_041 or s. 161.053, may issue permits for the present or future installation
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f rigid coastal armoring structures or other emergency response measures to
lativ
rant protect private structures, public infrastructure, and private and public
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it property.
irecto (a) Permits for present installations may be issued if it is determined that
Executi-- private structures or public infrastructure is vulnerable to damage from
:rant frequent coastal storms.
•bbyin
it (b) Permits for future installations of coastal armoring structures may be
l irectoryRe
•tration an• issued contingent upon the occurrence of specified changes to the coastal
• he
FormsVie system which would leave upland structures vulnerable to damage from
ompensati• frequent coastal storms. The department may assist agencies, political
ReportsCreat subdivisions of the state, or municipalities, at their request, in identifying
and Submit
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9/25/2012 Item 16.A.9.
ompensatio
areas within their jurisdictions which may require permits for future
•epo -Infoi installations of rigid coastal armoring structures.
mation Center
Joint Legislative (c) Permits for present installations of coastal armoring may be issued
Committees h where such installation is between and adjoins at both ends rigid coastal
Other Entities
armoring structures, follows a continuous and uniform armoring structure
oin' construction line with existing coastal armoring structures, and is no more than
•dministrati
- Procedure 250 feet in length.
ommitte-
(JAPC)Join•
ommitt-- Structures built pursuant to permits granted under this subsection may be
an Publi ordered removed by the department only if such structures are determined to
ounce
•versight(J be unnecessary or to interfere with the installation of a beach restoration
PO)Join•
Legislativ- project.
•uditin
ommitte- (3) If erosion occurs as a result of a storm event which threatens private
(JLPC)Join structures or public infrastructure and a permit has not been issued pursuant to
Legislativ-
Budge' subsection (2), unless the authority has been revoked by order of the
ommissio
(JLBC)Offic- department pursuant to subsection (8), an agency, political subdivision, or
.f Progra
Po[ic municipality having jurisdiction over the impacted area may install or authorize
•nalysis • installation of rigid coastal armoring structures, exclusive of those authorized
overn men
•ccountabiti under subsection (9), for the protection of private structures or public
(OPPAGA)Au• infrastructure, or take other measures to relieve the threat to private
to structures or public infrastructure as long as the following items are considered
eneralCom
mission o and incorporated into such emergency measures:
EthicsEcon•
is anc (a) Protection of the beach-dune system.
Demographi.
Researc (b) Siting and design criteria for the protective structure.
(EDR)Florid. (c) Impacts on adjacent properties.
Histori•
apitolFlorid (d) Preservation of public beach access.
Legistativ-
Researc (e) Protection of native coastal vegetation, nesting state or federally
enter a
useu threatened or endangered species, and nesting marine turtles and their
(FLRCM)Hist hatchlings.
oricat Committees
oint Sete • (4) The agency, political subdivision, or municipality shall notify the
ommitt-- department if it installs or authorizes the installation of any rigid coastal
•n Collectiv-
largainin, armoring structures pursuant to its authority under subsection (3).
(JSCB)Florid
Legislativ- (5) The department shall adopt rules to implement the provisions of this
ommitte-
.n section.
Intergovern (6) A rigid coastal armoring structure or other structure constructed under
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