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Policies/Meetings/General Correspondence - Volume 4 KAREN K. BISHOP 3125 54th Terrace S.W. Naples, Florida 33999 Tel. 455-6002 I{ '� .NED JUN 2 it 1993 June 23, 1993 Board of County C:;;711s:;o'iers Ms. Sue Filson BOARD OF COLLIER COUNTY COMMISSIONERS • 3301 Tamiami Trail East Naples, Florida 33962 Dear Ms. Filson: Please accept this as my formal request to apply for the vacant seat on the Environmental Policy Technical Advisory Board. Attached you will find my resume which will give some insight to my qualifications in applying for this position. If you have any question, please do not hesitate to call me. Sincerely, Karen K. Bishop KKB/fa Enclosure - resume Karen K. Bishop 3125 54th Terrace S.W. Naples, Florida 33999 (813) 455-6002 )uly 21, 1992 For more than ten years my professional career has been involved in the real estate development industry. In my last position as Director of Development, my tasks have included team participation in product development, permitting, project & consultant management, regulatory coordination, as well as directing a support staff. Project experience includes residential single & multi-family dwellings, recreational, industrial, commercial , & roadway infrastructure for private and public sectors. Projects have ranged to 2400 acres September 1991 to Current: KADtastic Owner KADtastic is a consulting firm. providing a variety of services to Land developers. Assignments have included product research, resolution of regulatory conflicts, and assistance in production. KADtastic also provides a variety of computer systems support to a variety of clients. September 1991 to Current: b.a. munchkin .."toys & togs" Vice President A wholesale / retail manufacturing business producing unusual and exciting products for infants & children. The product line is represented nationally by upscale boutique. b.a. munchkin provides me with an artistic outlet. December 1989 to September 1991: Community Development Corporation of Southwest Florida Director of Development As Director of Development, I was responsible for the success of approximately 600 acres of single & multi-family as well as commercial property. In the early stages of a project my responsibilities included planning, product development, and pro forma development. As each project moved toward construction, I was responsible for successful permitting, realistic time budgets, as well as constant pro forma analysis. I also maintained a constant vigil of consultant and sub-contractor performance to job completion. Resume of Karen K. Bishop , Page 2 April 1985 to October 1989: Coastal Engineering Consultants, Inc. Project Desiener/ACAD Manager As head designer, my responsibilities allowed me to become completely knowledgeable about water management. planning. design compliance & accuracy, permitting, and construction cost issues. My work involved direct agency contact and evolved into a leadership project management role. As ACAD manager, I initiated the use of ACAD as a design tool and served as systems manager. October 1981 to April 1985: Wilson, Miller, Barton, Soli & Peek, Inc Naples and FL Myers, Florida Engineering Designer This worked involved the preparation of civil engineering production drawings, including cost estimating, technical standard coordination, and regulatory compliance. Responsible for implementing graphic production department in the Ft. Myers branch office. Design and plan production of entire road network and utility infrastructure for a 2,400 acre development. 1981 to 1980: Barrett, Daffin & Carlan, Inc., Pensacola Branch Drafting Position Duties included responsible charge of layout and construction plans, survey drawings and detail sheets for engineering and architectural projects. Worked primarily on state road projects, plan and profiles. 1980 to 1979: West Florida Residential Designers, Pensacola, Florida Vice President/Residential Designer, Duties included responsible charge of design, layout, drafting, cost estimation and construction supervision for residential and small commercial buildings. Representative Projects; Alico Pelican Bay Avalon at Pelican Bay Sterling Oaks Bonita Bay Stump Pass Cobbs Cinema Towne Center Crescent Lakes Villages of Emerald Bay Fairways at Emerald Greens Vineyards Ft. Myers International Airport Wiggins Bay Expansion Windstar Windstar Marina Gateway Lehigh Acres World Tennis Center Lely Barefoot Beach Naples & Marco Beach Renourishment ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: June 21, 1993 PLACE: Collier County Government Complex, Conference Room 216, 2nd Floor, Building H TIME: 4: 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes - June 7 , 1993 . IV. Old Business A. Bettye Matthew's letter. B. Gary Beardsley's draft of the Growth Management Plan list of deficiences that need to be acted upon by the County Commissioners. V. New Business VI. Public Comment VII. Adjournment DRAFT: 6/22/93 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JUNE 21, 1993 Present: David Maehr David Addison Nancy Payton David Land Bob Duane Larry Richardson Excused Absence: Gary Beardsley Resigned: Glenn Simpson Staff: Fran Stallings Mac Hatcher Martha Howell Dick Hartwell Public: Stewart Swanson 1. The minutes of the June 14 , 1993 was approved unanimously. 2 . Old Business: A. Dave Maehr requested staff to look for a copy of Betty Matthews letter for discussion. B. Fran Stallings updated EPTAB on the HPO Workshop held on June 16, 1993 . No final action was taken however the BCC directed staff to come back June 29, 1993 with the proposed LDC amendments and discuss mangrove mitigation standards. Neil Dorril is working on setting up a workshop with the BCC for NRPA's and HPO and staff will work on a "white" paper on the importance of small areas of habitat. Workshop is expected for late August.,---..) C. Discussion of ways to present and improve th acceptability of the NRPA's included includin property owners, using a single line to describe system initially, and support altering of existing zoning constraints. D. Next meeting is set for July 26, 1993 and August 2, 1993 . 3 . New Business: Discussion of Camp Keais Model NRPA. 4 . Motion to adjourn meeting was unanimous. plaq POST. ENGINEER/NC BUCKIEY, PLANNING SCHUH & JERNIGAN. INC. June 22, 1993 Ms. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL 33962 Re: Vacancy on the Environmental Policy Technical Advisory Board Dear Ms. Filson: • This letter and the attached resume are submitted as my application for the vacant position on the Environmental Policy Technical Advisory Board (EPTAB) as noted in the June 20th, 1993 Naples Daily News. I have worked as a land development engineer in Collier County for almost seven (7) years, and I am very familiar with local, state and federal environmental regulators and regulations. I have designed and obtained water management and environmental permits for many public and private development sites throughout Collier County. I am very interested in the methods and procedures that Collier County will adopt to maintain our unique habitats and accommodate our growing population. I believe that having a land development engineer on this board will provide for practical problem solving. I appreciate the opportunity to apply for this board position and I anxiously await your selection. If you have any questions or comments regarding this letter or the attached resume, please contact me. Very truly yours, C Christ.. er D. Hag �r ) �-2j ? ' 0 CDH/bb ", 1 Enclosure fm:WP\Chris\CCCboard t17' fi JUN 28 J r V CHRISTOPHER D. HAGAN, P.E. Senior Engineer II Post, Buckley, Schuh &Jernigan, Inc. Mr. Hagan is a recent addition to PBS&J's Civil Engineering group. He has been involved with a wide range of projects including land development, stormwater management systems, computer modeling, drainage permitting, environmental permitting, commercial and residential site development, water and wastewater systems, and roadway construction. PROJECT EXPERIENCE Significant project engineering and management responsibilities include the following: • Prepared the Cocohatchee River Diversion System Feasibility Analysis Report for Collier County and Big Cypress Basin Board which included a detailed hydraulic and hydrologic analysis of the east and west branches of the Cocohatchee River, the North Naples Canal and a proposed connection canal for these water bodies in conjunction with the proposed improvements of Immokalee Road (C.R. 846). • Designed site improvements and obtained Collier County, FDOT, COE, DER and SFWMD permits for the construction of the 951 Commerce Center which consisted of a commercial development of 40.4 acres including S.R. 84 improvements, site infrastructure, a manmade wetland preserve and water management system. • Designed water management systems and obtained COE, DER and SFWMD permits for the construction of approximately six miles of Isle of Capri Road C.R. 951 four laning expansion (south of C.R. 846), which included the relocation of an existing canal, construction of water quality treatment facilities and several new water control structures. • Obtained COE, DER, and SFWMD permits for the 700± acre Audubon Country Club project which included the construction of a 400± unit residential development with an 18-hole golf course, roadway improvements, dock facilities, estuarine boardwalk, and water management system that incorporated wetland and upland preserve areas. This project also required gopher tortoise, bald eagle and indian burial mound preservation and protection plans which were obtained prior to commencing construction. • Designed site improvements and obtained COE, DER and SFWMD permits for the 1200± acre Quail West PUD project which included the construction of a 700± unit residential development with a 36- hole golf course, infrastructure and water management system that incorporated wetland preservation and construction areas. This project also required several environmental permit modifications to accommodate master plan revisions which were obtained while the initial phases were under construction. • Designed water management systems and prepared COE, DER and SFWMD permit applications for the construction of approximately seven miles of Immokalee Road C.R. 846 four laning expansion (east of U.S. 41 to C.R. 951), which included improvements to the existing canal, construction of water quality treatment facilities and several new water control structures. • Designed site improvements and obtained COE, DER, and SFWMD permits for the construction of approximately two miles of Northbrooke Drive (north from CR 846 to Quail West), which included alignment geometry, roadway cross-section, water quality treatment facilities, adjoining utility lines and a canal bridge crossing. 1 VS CHRISTOPHER D. HAGAN, P.E. Page Two • Prepared COE and DER permit applications for the development of the 10± acres Clam Bay Park in Pelican Bay project which includes parking facilities, boardwalk, canoe launch and tram station. • Prepared COE, DER and SFWMD permit applications for the development of the 500± acre Woodlands DRI project which includes the construction of a 500± unit residential and 30± acre commercial development with an 18-hole golf course, infrastructure, roadway improvements and water management system that incorporated wetland preserve areas. • Obtained COE and SFWMD permits for the construction of Phase 3 of the 100± acre World Tennis Center which included the reconstruction of the existing lakes, mitigation areas and expansion to an existing water management system. • Obtained COE, DER and DNR permits for the Marco Yacht Club expansion and Marco Marina Basin reconstruction. The Marco Yacht Club expansion included the construction of 19 new slips and the associated docking facilities. The Marco Marina Basin reconstruction included the modification and rebuilding of a deteriorated docking facility of approximately 40 slips. Mr. Hagan also worked on several projects with other firms in Ocala, Florida. He was responsible for the design and permitting of civil engineering projects including commercial and industrial site plans; water supply, treatment and distribution systems; sanitary sewage collection, treatment and disposal systems; street and storm sewer design; and engineering studies, reports and permits. Mr. Hagan also worked for a soils testing firm where he was responsible for subsurface soil investigation and analysis; commercial and residential foundation design for augured pilings and clay soil conditions; sinkhole analysis and filling design; threshold building inspection; public and private roadway design; and Marion County Ordinance Review Committee. EDUCATION B.S., University of Central Florida (1983) PROFESSIONAL REGISTRATIONS Professional Engineer Florida PROFESSIONAL AFFILIATIONS Florida Engineering Society National Society of Professional Engineers fm:WP\Resume\Hagan.P&W\062393 PB La N'OFFICES J. RICHARD SMITH Attorney at Law 21 GOLDEN GATE BUCLEt 4RD LIST \:♦PEES.FLORIDA 33964 Phone (813)45i-3020 Golden Gate Estates Fax (813)455-1971 June 2 /L Ms. Sue Filson, B ✓Uy Administrative Assistant The Board of CountyCommissioners odrd � 3301 Tamiami Trail East Of Coin r45* Naples, Florida 33962 tJ Coil ,SS'0,CarS Dear Ms. Filson: In response to an article appearing in the Naples Daily News, dated June 20, 1993, I am enclosing herewith a letter and brief resume. I am interested in applying for the vacancy which exist or which will exist on the environmental policy technical advisory board. As you can see from the attached brief resume, I am an attorney. My experience has been geared to real estate and land use law. I have been a land owner and tax payer in Collier County for about twenty years and have been a resident of Collier County for six years. I have a very keen sense of environmental concerns, but I also understand and wish to be able to participate in the protection of the private property rights which are so often forgotten with these issues. Please let me know if you require any further information. incerel Y. rs, ) 1114 J. '} ch rd Smith JRS/Jgm �fl' ��-ij�)c /�L� 1� 1 •Enclosure J. RICHARD SMITH ( 21 GOLDEN GATE BOULEVARD EAST NAPLES, FLORIDA 33964 (813) 455-5020 Admitted to bar, 1968, Florida Education: University of Florida (B.A. , 1965 ) ; University of Florida (J.D. , 1968 ) ; Executive Editor, University of Florida Law Review, 1967 - 1968. Member: The Florida Bar (Chairman, Committee on Housing and Community; Development, 1980 - 1981) ; American Bar Association; John Marshall Bar Association; Attorney's Title Insurance Fund (since 1972) . Golden Gate Chamber of Commerce Golden Gate Estates Civic Association Oakridge Middle School, Parent/Teacher Organization MEMORANDUM TO: Commissioner Burt L. Saunders Commissioner Timothy J. Constantine Commissioner John C. Norris Commissioner Bettye J. Matthews Commissioner Michael J. Volpe W. Neil Dorrill William D. Lorenz, Jr. Dr. Fran Stallings EPTAB Members From: David S. Maehr, Chairman, Environmental Policy Technical Advisory Board Date: 21 June 1993 Subject : The importance of establishing the NRPA program for Collier County Please find the attached document summarizing my views as Chairman of EPTAB for the last year and a member of this advisory board for the last two years. Given the criticism of the proposed Habitat Protection Ordinance, I think we are at a critical juncture in future land use planning in Collier County. As I mentioned in my brief comment to you in the recent workshop on the HPO, I would like to make myself available to discuss with you NRPAs and other issues that may have a significant impact on Collier County's quality of life. Probably the best way to reach me is through Dr. Fran Stallings of the Natural Resources Department . Thank you for your consideration. phi CM i'RIINTY'S FUTURE ANL TRR by David S. Haehr, 21 June, 199: Chairman, Environmental Policy Technical Advisory Board The record of development and Governmental Performance ir, County was rated as disr..'.ura ina since. Barron death n ;. %1` a o johns Hopkins University Press :publication for Resources of the Fut'. r. nc. How could this; 1974 book depi(t such a dismal rlct�. re iidnt of the generous gifts by the Collier family of Corkscrew Swamp Sanctuary, Collier-Seminole State Park. and part of Everglades National Park . Besides. the Big Cypress National Preserve was all but a realit , and through the efforts of early community leaders Lester i for r .s. Edward `�e andJoel Kuperberg,f concensus ofNaplesh LaR.,_, ,.' ' i ;�':'.�� rte, ��, the �nc.nsus residents ... the and 70s was to keep Collier County from becoming another rile aluc ; s like Florida's southeast coast. 'Certainly, one would think, that over E,07"" of the County in public ownership should be enough to ensure water duality and other natural resources. in recent years, additional lands have been aduired by the state and federal aovern ent, but Collier County rer { 1 '�aril.'� a11'� reluctant to participate in regional planning and protection efforts such -35 the Corkscrew Regional Ecosystem Watershed (to date, Lee County has been the leader in efforts to protect lands important to the people of Collier County). Luther Carter. author of the 1974 Johns Hopkins book. T ie Floridaoridaa rx,�lar ence ' 1 . ti likely be as disturbed about Collies rclurtty's wo'al future today as he was 20 years ado. What Went w erfwrorg in Collier Canty? According to Cartor, the roots of our current problems stem from unscrupulous land sa1es anc a lack of count:-wide planning. While there is nothing we can do about tr?e dubious real estate transactions of the past, there is certainly much that can be done to alter r the course of the county's future. With huri-tart lu mer .`. rapidly e '.�.�and i na, the pressures essur es. on the natural env i .'hili :t lhi ea , ability to supoor t us. it is already apparent that existing lnfi ast . c'ndI far behind surging construction of homes and businesses. and the hi,:ca:di'd uiistrib.tion of development suggests the continued lack of ont.-•r. clannina. Lona-range planning in Collier County finally was f��'uSCd rt 19E7 as the result of the adoption by the State of Florida of the ur o r,'t 1 Management Act. :oilier is unique among Florida counties in its diverse array landscape features. An endless set of contrasts from remote. wilderness. urban communities, extensive marshes, vast agricultural fields. and wooded suburban estates combine to create a high-quality, non-industrial rec on unparalleled in the southeastern U.S. Because our subtrooical setting and attractive natural and man-made environment still supports enviable lifestyles, Collier County receives a iarae portion of the 1 .000 people moving to Florida each day. During most of this century agricultural and urban growth proceeded with few restrictions. The relatively small scale of human activities did little to alter the wilderness of the ` v's interior, and impacts of beieve'`cc.:ment widely d decade or the '6,s sU. -emencou= were not „� r re, ,i�P The d C �.,._, , growth of housing developments, agriculture, and road building In Collier County we recognized ecognizpd fh at clean, abundant water and healthy, expansive natural communities were keys in maintaining the high quality of life enjoyed by its growing CitlzenrV The current array of natural reserves attests to the importance placed on protecting significant pieces of the Collier County landscape by state and federal agencies. And, additional lands have been recommended for protection Nontheless, in order to guarantee nt f scarce n unique biological guarantee a nigh quality water supply, protect and unique ;,,_;,,_:._,:ca resources, and maintain urban greenspaces for recreation and education,, more landscape conservation efforts are needed The Environmental Policy Technical Advisory Board EPTAB was created in 1991 as required by the Conservation and Coastal Management Element of the Growth Management Plan to provide recommendations to the Board of County Commissioners in regards to the use and exploitation of Collier County's natural resources C. .,)rarr- Ni 91 -26 goes into considerable detail describing the authority, functions, powers, and duties of EPTAB Duty LtJ _--, however, has significant long-term ong-term trpiicattonc "in identifying dentifvino and recommending snlutions to existing and future environmental issues." The membership of E1T -= is unanimous to recognizing the importance of functioning .rct.^ring natur al - ,st_r-= . neacthy wildlife communities, and the protection of residential environmental quality. The maintenance and/or restoration ot high: unlit., and abundant natural resources will help assure the "safety, health, and general 1 innhigh vin mental general well-being of the public" and it is with environmental (';n,ri._.:,._c�r standards and the public's well-being in mind that EPTAB recommends that the Government of Collier County and the Board of County Commissioners support uppont and participate in aggressive and creative programs .nciuto g but not limited to land development regulations, tax incentives, ,conservation easements, and aquisit.ion, to protect and maintain the natural func.ticninr g ecosystems that will help perpetuate the quality of life in our certified blue chip community who are members of EGTABI? Our advisory board is made up of a wide range of people bringing expertise and experience from marry processions Originally designed as a 7 member board of environmentally-oriented professionals, the Board of County Commissioners twice expanded EPTAB's numbers by ' in order to create more "balance " The result of these expansions and subsequent appointments was a group consisting of only 4 biologists a nd representatives of a variety of business and educational b act grounds. David Addison is a biologist with The Conservancy, inc. He has a B.S. in Zoology from Colorado State University, and a 1M ,n Zoology from Ohio University Gary Beardsley is a biologist with Tropical Environmental Consultants He has a in Biology from Northern Illinois Univfersity and "! "d_c`_ ' post-graduate studies on National Science 'iGrre Four.. r i n.n (Grants at 5tanfordversity, Seattle Pacific Univerand the • University of Haw<, ✓ary also serves on several Cou;. :advisory boards in southwest Florida mike Davis is vice President and General Manager of Signcraft. He has a B.A in Business Technology, is a veteran of the U5 Coast Guard, and is persuing a master's degree in Business Mike is active in many community and service organizations in the Naples area including the Collier County Planning Commission and The Boy 'Scouts. Robert L Duane is Planning Director with Hole, Montes, and Associates, Inc He has a masters asters degreein Community and Regional Planning from"/,ansa. State University. Robert. was the chief planner r•. collier co:n+ and has 2 al20 years of land use experience as both oth a Public and private development consultant. David Land is President of Collier Enterprises Agrthrntneis r+ tJ has B.A. .•� New r S..ry and masters +..r.� ,•1 C r`��""'3 r ,up l e has aIn Economics from New Co lege, and a maite{ : clec' - - in Agricultural Management and Resource Development from the University of ,fr ida )avid has beer active on several advisory boards ,n Collier County David S Maehr is a wildlife biologist with the. Florida Game Fresh Water Fith Commission in Naples Florida He has a B wildlife' management from Ohio State University and a M.5 in wildlife ecology from the University of Florida. He is coauthor of a book on Florida birds and has written over 4Q technical papers on a variety of 'wildlife subjects Stephen A Means is a civil engineer and senior associate with Wilson, Miller, Barton, r, Peek, Inc. He has a B.5 in Environmental Engineering, and an ME in Civil Engineering from The University of Florida Steve serves on The Groundwater Protection Technical Advisory Board, and the Bay Management Organization. Nancy A. Payton is a program administrator with. the Department of Health and Rehabilitative Services She has a 5 A. ,n o`:ol ogy and History rom the State University of New York Nancy on local, + r r s fin^ .n^• with served numerous state, and federal advisory boards .,��.( ;, with environmental and social issues Anthony P Pires, Jr is a partner in the law firm 'woodyJr.. 1- en Anderson, ti History t the State i it r' :; e_., r�c: r.11�iCrJt_!n, P A. He has a B A. in f-71JlorV� from �.{�;. _:i.c.r •. of New York, and a JD from Florida State University He is a member of the Florida EAR, h - ( �^r r of +h Ai.-,ninr f { iEAR, the Colhei County BAR, and is president the Naples North Rotary Larry Richardson is a wildlife biologist with the US Fish e. Gviidlife Service He has a 85. in Wildlife Management from Utah :tate University, and a M S in Wildlife Ecology from Mississippi State te University. Larry has previous experience with the US Forest Service, California Dept. of Fish and Game, Utah Division of Wildlife, and the U :. Army Corps of Engineers. Glenn Simpson is an agricultural and land use consultant for yyilkisc;n �k: Associates He has a 8.5 in animal science with minors in _ r',.-,1,--•trJ a„1 r clocv at Berry College He also has conducted post graduate studies iter resource management at th versity of • Florida, and is a not er of the Big Cypress Basin Eo argil (Glenn recently resigned from the board) in developing a County environmental blueprint, we oonsidere' 3 regions that were distinguished according to predominant. land us. While some overlap occurs in all regions, either urban, agriculture, or wilderness characterizes patterns of human endeavor These areas became the foundation on which we considered the application of a variety of landscape protection mechanisms known collectively as Natural Resources Protection Areas (NRPAs) Clearly, the environmental needs of each region are quite different. In the urban zone the protection of the few remaining system remnants and large, undivided fragments of forest should be a high priority. Although habitat protection in the urban zone would not preserve the entire array of systems function, it would be critical in maintaining aesthetic and educational values that will become more important as native habitat becomes more scarce. Mangroves, because of their limited range, erosion control properties, and importance to south Florida's fishing industry should be kept tiYV it outlosses in distribution or function.nCtiC". within the agricultural zone, healthy wildlife communities and some ecosystem functions persist despite significant fragmentation due to large scale farming While providinn farmers with heefits ranging from freeze protection to irrigation, wetland/upland systems such as {vamp Reais Strand and the c_ikaloacoochee Slough also provide important hydrologic f unction`_ and support wildlife ranging from Florida ducks to functions �_ Clack bears The vast landscape or south and east Collier County supports the last population of Florida panthers east of the Mississippi River, as well as many other protected wildlife and plant species While most of the wilderness zone is already held in public trust, the undetermined suture of large tracts of private land threatens the functional into,rIty of even these large preserves. Of particular importance are the southern Golden Gate Estates and the Belie Meade area east of C.R. 951 The restoration of systems function of these lands would help insure the ability of our undeveloped landscapes to provide water for adjacent urban and agricultural areas, support healthy wildlife populations, and provide outdoor recreational opportunities that are quickly disappearing in the southeastern US- In addition, avoiding the expensive proposition of infrastructure development and maintenance would save the County untold millions of dollars If the practical arguments are not of themselves important enough for the County to take decisive protective actions, there are other compelling factors at work, The State Comprehensive Plan requires that "Florida shall assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the 1 of f s level or surface ra functions natural systems and the overall present. �,i �.�, , _= at,..: .7.0 .. d v'ate a.ali1.V Florida }hall improve and r _. i. _ _t _ waters not present,eeting water quality standards�ntify and protect the functic f water recharge areas and pro incentives for their conservation; Protect and use natural water systems in lieu of structural alternatives and restore modified systems; prohibit the destruction of endangered species and protect their habitats; Protect and restore the ecological functions of wetlands systems to ensure their long-term environmental, economic, and recreational value; and; In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the lard and water resources, fiscal abilities, and service capacities to accommodate growth in an environmentally acceptable manner " The set by the Southwest FloridaRegional egional planning Council include; "From 1991 , all existing and identified future water supe 1v sources protected from degredation by competing land uses and from impacts by human activities, and by 1995, per capita use of water be less than that of 1985; All water resources identified in 1985will remain emain .. n . l to .37 improved conditions, by the year 2010; By 2000, all identified nate..iral systems will be in a condition equal to or improved over 1985; By the diversity and extent of the region's protected natural systems rw have been expanded beyond that existing in 1986; From 1990, the mortality of the West Indian Manatee and Florida Panther population will not exceed 1985 levels Further, the current diversity of all endor.... threatened and species of special concern will be maintained unless t e proliferation of the individual species removes them from the endangered list, By ! forcasted r � �� il t t N I ist, 1991, al ! or casted growth of urban areas >Fy I I r be directed a'.':ay from and out of natural resource protection areas, and by 2010, the acreage or overall quality of natural resource protection areas will increase by 10 percent over that of 1990 " Collier County has plenty work to do just to begin to meet these important goals The Natural Resources Staff of Collier County and EPTAB have �h f r r the last r Y` �r inr+n programs C +-n, �+ In to-.,-. spent the better part of two years developing programs het County meet its growth management requirements An important part of this work is the Natural Resources Protection Area program ':which is designed. to employ a variety of protective mechanisms ranging g fr om voluntary, incentive, regulatory, and aquisition Despite the diversity of EPTAB membership (and, in fact a strong bias toward the develo,,wri nt community), we are unanimous in our support for protection of the County's natural systems why regulations alone are not enough One of the arguments voiced by some members of the public and some of our commissioners is that regulations are enough to protect our natural resources. After all, that's what they were designed for weren't they? However, lard use regulations applied on a per landowner or on a permit application basic. address relatively small land parcels in a haphazard and fragmentary fashion Further, in many cases, regulations and concomitant penalties ar - levied an ft r-th t } may be ICU on a. >re� f�e-�af::. arrangement. Omen, it : . l, tfollow t ngt , serpentine thecostsof avenueiilegac. vernelopmentment enthandorsement.o ca anoftiohyns also are targetted primarily towards the protection of wetlands. These regulations may be helpful in maintaining some of the natural features on a particular tract, but do little in helping to maintain the integrity of natural systems, including uplands, that provide Collier County's life support. As a result, what remains of interconnected forests and wetland._ increasingly become an archipelago of degraded, biotically poor habVtat islands which become less capable of supporting human life The identification and demarcation of important, functioning ecosystems is on essential step in the management of irreplaceable County resources. At the very least, Collier County should whole-heartedly endorse land-savings programs and initiatives underway or planned by other agencies and organizations But won't an increase in public property reduce the tax b se so important to County infrastructure% Even if as much as 605 of generally undevelopable lands were already in public ownership, the 4O remaining in private hands in Collier County would exceed the entire land bases of two thirds of Florida'_ counties. In other words, we still have a relatively large tax base which, in fact, expands as the urban area grows in addition, the removal of land from tax rolls does not necessarily result in lost County revenue For example, since the purchase of the Florida °anther National wildlife Refuge from the Collier Companies, the U . Fish: wildlife Service has paid an average of about $70,000 per year to tr,e County. This figure is 40097, greater than the taxes paid by the prevric�..�s ownerl With additional land transactions such as this, combined with suo - innovative arrangements as mitigation banking, County tax revenues could actually increase For example, mitigating for continued development ,r coastal or urban areas of the County could result in purchases of sensitive or important natural areas elsewhere while building a larger tax base in already developed parts of the County where land values are much higher Belle Meade, an area currently inadequately protected by regulation alone and with relatively low property values could be protected at little or n cost to the County, and ensure the maintenance of plentiful and high quality water for local agriculture, Marco Island, and Rookery Bay National marine Estuary For someone like myself who has spent his entire professional carreer working with natural resources, the reasons for the wise use of our environmental inheritance are obvious But, in order to keep persona! views and experience from biasing EPTAB's direction, considering the words of internationally-known conservation leaders may be more appropriate. From almost half a century ago, the founding father of wildliffe management, Aldo Leopold, stressed "A thing is right when it tends to preserve the integrity, stability, and beauty of the "ioti.: community. It is wrong when it tends otherwise Pulitzer Prize-v./innir Harvard Professor E.Q. Wilson summed his view of a conser. tion. ethic this way: Iifytcommitted by religion to believe that lif • earth in one divine so oke will recognize that we are de, oyIng the Creation, and those who perceive biodiversity to be the product of blend evolution will agree... Defenders of both premises seem destined to gravitate toward the same position on conservation" "The stewardship of environment is a domain on the near side of metaphysics where all reflective persons can surely find common ground...An enduring environmental ethic will aim to preserve not only the health and freedom of our species, but access to the world in which the human spirit was born." Collier County has the opportunity to go beyond iust. protecting natural resources for the benefit of its deserving citizens lt has the privelige of becoming a steward of the world's biodiversity Working towards this vision of the future in Collier County will have great. economic benefits and positive social influences, even if the biological arguments are not, today, fully appreciated by many With Collier County taking positive steps to protect important natural systems, we have the potential to become the "'Yosemite of the East," generating tremendous tourist revenues from this clean industry, and insuring a different, more desireable path of development unlike the sprawling southeast coast o Florida. Today's County leaders have an unprecedented opportunity to e looked upon by future generations of Floridians as land use vis (.',n-ahleS and custodians of our childrens' future _____ ............ _ ,..„„ Seven countyadvisory committees have some seats they need to fill quarterly or as needed. Members must conditions and various provisions of the Daily News staff file a Form 1 statement of financial in- GAC/Avatar agreement relating to the Do you live in Immokalee and want terests with the supervisor of elections use of over 1,000 acres of land conveyed to get involved with how your commu- every year. to the county by Avatar.Applicants must nity is developed around the airport? ■ The Golden Gate Parkway Beauti- live within Phases II, III, IV or V of Or do call Golden Gate Estates fication Advisory Committee, which has Golden Gate Estates. Members are re- Or a vacancy due to a resignation.It expires quired to file a Form 1 statement of fi- home and want to have some say on how Oct. 6, 1994, and represents Precinct nancial interest with the supervisor of land is used around your neighborhood? 624. The five-member committee assists elections every year. Terms are four If you want to get involved, here's a county commissioners in handling mat- years. list of seven ways to help you choose ters regarding the taxing district cre- ■ The Contractors Licensing Board, how. The Collier County Board of Corn- ated for the purpose of beautification which has a vacancy for someone in one missioners is seeking applications for po- and maintenance of Golden Gate Park- of the trades or professions requiring a sitions on these advisory committees: way between Santa Barbara Boulevard competency certificate. The nine-mem- II The Immokalee Airport Advisory and County Road 951. Terms are for four ber board determines the-qualifications Board, which has two terms, represent- years. of applicants for the various categories ing the pilot category, expiring Aug. 5. ■ The Environmental Policy Techni- of the contractors'certificates of compe- The five-member board consists of three cal Advisory Board, which has a vacan- tency. It also holds hearings to deter- pilots or owners of aviation-related busi- cy due to a resignation. It expires Sept. mine whether a certificate of nesses at the Immokalee Airport and 10, 1995. The 11-member committee ad- competency of any contractor,master or two from the general public with an in- vises and assists the county in the devel- journeyman should be revoked. Mem- terest in the orderly development of the opment and implementation of the bers are required to file a Form 1 Immokalee area in relation to the use of county Environmental Resources Man- statement of financial interests with the the airport. The membership term is for agement Program. Members shall dem- supervisor of elections every year. two years, and members must file a onstrate evidence of expertise in one or Terms are for three years. Form 1 statement of financial interests more of the following areas related to • The Black Affairs Advisory Board, the supervisor of elections every environmental protection and natural-re- withwhich has a vacancy due to a resigna- sources management: air quality> biolo-year. tion, expiring June 25, 1994. The seven- ■ The Board of Adjustments and Ap- gy (including any of the subdisciplines, member committee identifies and evalu- such as botany,ecology,zoology),coastal peals, which has two terms expiring processes, estuarine processes, hazard- ates problems unique to blacks in the Aug. 9. One represents the category of ous waste, hydrogeology, hydrology, hy- community and reviews and recom- architect or structural engineer,and the draulics, land-use law, land-use mends ways to ensure open communica- other represents the category of electri- plannin , pollution control, solid waste, tion between minorities and Collier cal contractor. The five-member board storm-water management, water re- County government. It also presents pe- consists of a state-licensed architect or sources, wildlife management and other riodic reports to the county commission. structural engineer; a Class A general areas the board deems appropriate,such Members of the boards and the corn- contractor; a state-certified fire-protec- as development. Members are required mittees must be residents and electors tive equipment contractor or a state-cer- to file a Form 1 statement of financial of Collier County. tified firefighter with the rank of interest with the supervisor of elections Residents interested in applying for lieutenant or higher; a licensed electri- every year.Terms are for four years. positions must submit a letter and a i cal contractor; and a licensed plumbing ■ The Golden Gate Estates Citizens brief resume to Sue Filson, administra- mechanical contractor. The board hears Advisory Committee,which has a vacan- tive assistant, the Board of Collier Coun- appeals on the building official's reject- cy due to a resignation. It expires Oct. ty Commissioners, 3301 Tamiami Trail ion of the materials or the mode of con- 13, 1997. The five-member advisory E.,Naples 33962. I struction used on a structure. Terms are committee assists the county commis- The deadline for accepting resumes < for four years, and meetings are held sion in carrying out the requirements, is July 16. — DRAFT: 6/14/93 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JUNE 14, 1993 Present: David Maehr David Addison Nancy Payton Gary Beardsley David Land Tony Pires Mike Davis Excused Absence: Bob Duane Staff: Fran Stallings Mac Hatcher Kim Polen Martha Howell Dick Hartwell Public: Chris Straton Charlotte Westman Bob Krasouski 1. The minutes of the May 24 , 1993 , meeting was approved unanimously. 2 . Old Business: A. Dave Maehr handed out his letter to Commissioner Burt L. Saunders to EPTAB members for discussion. A lengthy discussion took place about the potential merger of EAB and EPTAB Advisory Boards. B. David Land expressed his concern whether EPTAB is functioning properly with an eleven member board as compared to a seven member board. He also asked the members if they felt the County would be better served having environmental ad hoc working groups established to address specific environmental policy issues as they arise, instead of a standing advisory committee. He also questioned whether EPTAB was utilizing staff time efficiently. C. Gary Beardsley explained that EPTAB's role was to provide technical expertise to the Board and that EPTAB should spell out to the Board what the Growth Management Plan lists as the County's responsibilities in protecting the natural resources within Collier County. D. David Maehr suggested that Gary Beardsley put together a list of deficiencies involving the Growth Management Plan and be signed by the EPTAB Advisory Board, to be distributed to County Commission Board Members. E. David Maehr suggested that EPTAB produce a newsletter to inform the Commissioners of EPTAB role and responsibilities, as well as updates involving EPTAB meetings. F. Mike Davis stated that EPTAB needed a two way communication network with the Board, and EPTAB should keep ongoing communication dialogue with the Commissioners. 3 . New Business: June 16, 1993 BCC meeting on HPO and LDC. Dave Maehr to represent EPTAB and present their recommendations on HPO and LDC. 4 . Action Items: A. Dave Maehr presentation on HPO and LDC at BCC meeting, June 16, 1993 . B. Explanation of where NRPA and HPO fit together within the Comp Plan. 5. Motion to adjourn meeting was unanimous. _ _T- lino =arg gmwmmommommilimmommimlimmimwo NTGargiulo,L.P. Naples,Florida Operations 15000 Old 41 North Naples,Florida 33963 Phone:813 597-3131 Fax:813 598-2527 June 14 , 1993 The Honorable Burt Saunders Board of County Commissioners Collier County Government Complex Building F, Third Floor Naples, FL 33962 Dear Mr. Saunders: I write to express my interest in being considered for appointment to the Environmental Policy Technical Advisory Board (EPTAB) when a position becomes available. Enclosed is my resume for your consideration. I have worked in the legislative and regulatory arena for a number of years and know many of the complex issues facing Collier County' s decision makers regarding environmental and public policy. I believe that I could provide some beneficial input to this board and the Commission. If I can provide any more information or be of any assistance, please let me know. I look forward to hearing from you. Sincerely, Alex Jackson Government Affairs AJ:mg Attachment l` �y.' .�r - • JUN 1 5 1993 Ecard o' GROWERS.SHIPPERS,IMPORTERS,EXPORTERS Alex C. Jackson 780 F Meadowland Drive Naples, Florida 33963 (813) 594-0553 EXPERIENCE: 1991-1993 Confidential Assistant to the Administrator Foreign Agricultural Service (Washington, D.C. ) United States Department of Agriculture Responsibilities and accomplishments include: ensuring Administration policy coordination on major Congressional initiatives; developing and maintaining contacts with key Congressional officials; assisting in the formation of and implementation of, legislative strategy for the Agency; creating and submitting reports to Congress and the Administration regarding trade policy and market development activities; preparing and editing Congressional testimony, briefing books and legislative summaries; acting as a liaison between the Agency and Congress; and handling Congressional inquiries of FAS programs and activities. 1989-1990 Legislative Aide United States Senator Connie Mack (Washington, D.C. ) Responsibilities and accomplishments include: developing and analyzing legislative initiatives pertaining to agriculture, commerce, and trade; monitoring and prioritizing daily legislative operations; training and supervising staff of legislative correspondents ; and implementing system to reduce response time of office and constituent correspondence. 1988-1989 Regional Director United States Congressman Connie Mack United States Senate Campaign (Northern Florida) Responsibilities and accomplishments include: generating contributions for $8 million effort; expanding and motivating field volunteer force; producing special-event fundraisers; cultivating prospects and reaching personal and professional goal of $700, 000 for region; making surrogate presentations for candidate; and managing candidates time. EDUCATION: Master of Arts in International Affairs Florida State University; May 1987 Minor Areas: Comparative Economics ; Western Hemisphere Bachelor of Arts in International Affairs Flor.LOa State University; August 1985 Mine:: Areas: Cross Cultural Negotiations; British Studies _f; RECEIVED June 9, 1993r{ LI: 00 JUN 9 1993 Board of County Commissioners Honorable Burt Saunders Chairman of the Collier County Commission ea. COMM. rec'd copy Collier County Court House Complex 3301 East Tamiami Trail Naples, Florida 33962-4977 Dear Chairman Saunders, I am writing this letter to inform you of my need to resign from the Environmental Policy Technical Advisory Board (EPTAB). A few weeks ago my father was killed in an automobile accident. My father was very active in our family citrus grove and his loss has required greater demands on my time to fill his responsibilities. It would be unfair of me to hold a seat on this important board when I know I will not be able devote the time necessary to properly represent the people of Collier County. I am thankful to have had the opportunity to serve you and our community in such an important capacity as a member of EPTAB. This is a very difficult step for me because of my love for this county and its unique natural environment. When the demands on my time allows, I hope I may again be considered to serve the Citizens of Collier County in whatever capacity my skills may best be utilized. Sincerely, . ..afAs,, o/- ,. E���t�Ct4s�l�.l3,Ai. SER'dICES ROWINGA. Glenn Simpson DATE: ------ ACT 10 NI: cc: All Collier County Commissioners - Bill Lorenz; Environmental Services a 1v'-_0: — _�. _ . ____\ ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: June 7, 1993 PLACE: Collier County Government Complex, Conference Room C, 3rd Floor, Building H TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes - May 25, 1993 . IV. Old Business A. EPTAB merger with the EAB discussion. B. Bettye Matthew's letter. C. Future EPTAB direction. 1. Maintain small groups 2 . Seek priority issues from BCC V. New Business VI. Public Comment VII. Adjournment Mr. Burt L. Saunders Chairman Collier Board of County Commissioners Naples, Florida 7 June 1993 Dear Mr. Saunders, We appreciate your interest in maintaining the County's 2 environmental advisory boards (EAB and EPTAB) as separate entities. Their responsibilities are different enough and tneir dockets sufficiently filled that a merger would significantly weaken the advice provided by the volunteers making up these boards. Further, at least from our standpoint, EPTAB provides an important liaison with the public that likely reduces the time spent by County staff on some issues. Another issue that will soon be presented to the BCC is a proposal to implement the Natural Resources Protection Area program as required by the Comprehensive Plan. Although EPTAB has been functioning for nearly 2 years, we have had few opportunities to directly advise the Commissioners on important environmental issues, making our recommendations through staff presentations and staff correspondence. I am convinced that the importance of the NRPA program to the long-term well being of Collier County's environment and its citizens necessitates a special workshop to address the great benefits of the program. Presenting NRPAs within the framework of a regular Commission meeting would be too distracting to adequately present an outline of the program. We would appreciate your help in setting up a workshop, where high quality interactions among Commissioners, staff, and EPTAB would result in a thorough understanding of NRPAs. Sincerely yours, , •/4/L02,_______ David S. Maehr Chairman, Environmental Policy Technical Advisory Board cc:Timothy J. Constantine Bettye J. Matthews John C. Norris Michael J. Volpe William D. Lorenz Fran Stallings EPTAB members DRAFT: 6/1/93 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MAY 24, 1993 Present: David Maehr Bob Duane Nancy Payton Gary Beardsley David Land Tony Pires Steve Means Excused Absence: David Addison Staff: Bill Lorenz Fran Stallings David Weigel Kevin Dugan Gail Gibson Dick Hartwell Mac Hatcher Kim Polen Steve Preston Public: Chris Straton Stewart Swanson 1. The minutes of May 3 , and May 10, 1993 meetings were both approved unanimously. 2 . Steve Means presented a memo and discussed the recommendations of the sub-committee on High Natural Recharge Areas. The recommendations include: A. Staff should hold workshop on the methodology used. B. Existing regs sufficient (Quantity - SFWMD; Quality - FDER - Federal - and local SQG) . C. An Economic Benefit/Cost Analysis should be prepared for any additional County programs. Gail Gibson presented a overview of the existing Weilfield Protection Ordinance, and noted that SQG program conducts one visit every five years. David Land made a motion to consider the entire County as a natural recharge area with the understanding that the existing South Florida Water Management Criteria and permitting process are sufficient to protect the quantity of water until there is evidence the program is inadequate. The motion passed unanimously. Bill Lorenz indicated the concept should be presented to the BCC by late July or August. 3 . Consolidation of EPTAB and EAB. The summary of information Bill Lorenz prepared for Neil Dorrill was distributed. David Maehr circulated a letter from Burt Saunders to George Hermanson thanking him for his input on the Boards. David also indicated he has not been successful in setting a date for a NRPA workshop. David Land indicated that he thought that the sub-committee had been more effective and asked if anyone had suggestions for improvements. Dave Maehr was selected to draft a letter to the BCC stating EPTAB's position on the possible merger. 4 . David Land gave a brief background of the first Greenway Committee meeting he attended. They are to produce a report within 18 months of areas to link historical or environmentally sensitive areas. The implementation plan is to be completed by 1995. 5. Motion to adjourn meeting was unanimous. Action Item: David Maehr to draft a letter stating EPTAB's position on EPTAB-EAB merger discussion. SEC. 3.9. 3 APPLICABILITY: UNLAWFUL TO REMOVE VEGETATION It shall be unlawful for any individual, firm, association, joint partnership, estate, trust, syndicate, fiduciary corporation group, or unit of Federal, State, County, or municipal government to remove or cause to be removed vegetation, or alter mangrove trees without first obtaining a vegetation removal permit from the Development Services Director except as hereinafter exempted. Selective trimming of mangrove trees, and alteration of mangrove trees by_ duly constituted communication, water, sewerage, electrical, or other utility companies: engineers or surveyors working under contract with these agencies when the mangrove alteration is done as a necessary_ governmental function, does not require a permit. This does not include trimming to provide a better view for upland property owners to enjoy coastal waters or trimming in excess of that necessary to maintain or install communication, water, electrical, or sewerage services. All mangrove debris except leaf and twig material which inadvertently falls into the water shall be disposed in uplands in an appropriate manner. SEC.3 .9 . 4 APPLICATION REQUIREMENTS 3 .9.4 . 2 . 2 A site plan which includes: 1. Property dimensions. 2 . Location of existing infrastructure and alterations. 3 . Location of proposed structures, infrastructure and alterations. 4 . The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. 5. Specific identification of all specimen trees. 6. Designation of all protected vegetation proposed for removal. 7 . Location and details of protective barricading of the vegetation to be retained. 8 . Description of any proposed alteration of mangroves. 9 . Description of any proposed maintenance trimming of mangroves. SEC.3 .9 . 5 VEGETATION REMOVAL, PROTECTION AND PRESERVATION STANDARDS. 3 . 9 . 5. 1. 5 2 . Applicant, s representative required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s) : a. Who shall be responsible for the installation and the maintenance of all tree protection barriers. b. Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. 3 . 9 . 5. 2 . 8 The proposed mangrove alteration has a Florida Department of Environmental Protection permit or meets the permitting standards in Florida Administrative Code 17-321. 030, 17-321. 050, 17-321. 100, 17-321.801, 17-321-802 , or 17-321. 803 as may be amended. 3.9.5.3 Management Plan Required For all individual areas of mangrove trees and areas of preserved plant communities larger than one half (1/2) acre in area, the owner shall submit, for the approval of the Development Services Director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: SEC. 3.9 . 6 REVIEW PROCEDURES 3.9. 6. 1 Issuance of Permit. Based on the information contained in the application and obtained from the on-site inspection, the Development Services Director for mangrove alteration permits the County Manager or his designee may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed one hundred eighty(180) days except for mangrove alteration. Mangrove alteration permits shall be valid for a period of five(5) years from date of issuance, or date of issuance by the Florida Department of Environmental Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the Development Services Director and for mangrove alteration permits the County Manager or his designee. The Development Services Director and for mangrove alteration permits the County Manager or his designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall cause to void the vegetation removal permit. 3 .9 . 6 . 4 . 2 Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one (1) acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF) , Village Residential (VR) , or Estates (E) , or other non agricultural, non-comercial zoning districts in which single family lots have been subdivided for single family use only, where the following conditions have been met: 3 .9. 6. 4 . 7 Mangrove alteration projects that are exempted from Florida Department of Environmental Protection Permit requirements by Florida Administrative Code 17 -321. 060, except those referenced in Florida Administrative Code 17-312 . 050 (such as boat docks, sea walls, foot bridges, insect control impoundment dikes) , are exempt from preservation standards for the mangrove trees. 3 .9 . 6.4 . 8 The County Manager or his designee and the Development Services Director may agree to grant a variance to the provisions of this rule if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self imposed, and that the grant of a variance will be consistent with the intent of this division and the Growth Management plan. 6. 3 DEFINITIONS "Alter" or "alteration" means to cut, remove, defoliate, or otherwise destroy mangroves, but shall not mean selective trimming of mangroves as defined in Rule 17-321. 020 (12) , F.A.C. "Approved local pollution control programs" refers to local government environmental regulatory programs which have entered into a General Operating Agreement with the Department which recognizes the program as meeting the eligibility criteria provided in Section 403 . 182 , F. S. "Biological integrity, " as used in this rule, means the similar and uninterrupted ability of an individual, trimmed mangrove plant to continue to live, to grow, to produce leaves, flowers, and propagules, to provide wildlife habitat functions, and to contribute to marine productivity, as compared to an untrimmed mangrove plant of the same species and size. "cbh" (circumference at breast height) means the circumference of the trunk, limb, or stem material measured at the point or points of the tree located from selective trimming activities, other than leaf and twig material that inadvertently falls into waters of the state, shall be regulated as filling which requires a wetland resource permit pursuant to Rule 17-312 , F.A.C. Selective trimming does not include altering mangroves through the use of chemical defoliants. Selective trimming on state-owned lands shall be subject to the prior requisite approval by the Board of Trustees of the internal Improvement Trust Fund. Trimming other than as provided in Paragraphs (a) through (e) below will be presumed to eliminate the biological integrity of individual mangrove plants and will be regulated as alteration pursuant to Rules 17-321. 040 and 17-321. 050, F.A.C: (a) trimming must be conducted only during the months of October, November, December, January, February or March. The configuration attained by selective trimming may be maintained each year following the initial selective trimming during October, November, December, January, February or March; (b) no limb may be cut which has a circumference greater than or equal to three inches, or a diameter greater than or equal to one inch, at the point of connection to the main trunk, trunks, or branches or any tree; (c) no limbs may be cut from the upper half of the height of the mangrove; (d) no tree seven feet in height and under may be cut; (e) roots, including prop roots and pneumatophores, may not be disturbed. "Substrate" means the soils, sediments, shell or rock in which the mangroves are growing. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: May 24 , 1993 PLACE: Collier County Government Complex, Building H TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes - May 3 and May 10, 1993 . IV. Old Business A. Discussion of the letter of approval for the HPO. B. Aquifer Recharge Subcommittee Report C. Staff Aquifer Recharge Report D. Discussion of EAB/EPTAB letter - additions E. David Land "Greenway Committee" V. New Business VI. Public Comment VII. Adjournment • F�Kbm :COLLIER ENTERPRISES __TO 8137749222 1 05-24 03: 11PM #515 P.02/03 COLLIER ENTERPRISES a 3003 1AMIAMI1IAtt.N., NAHA I I Ni9.1s):1'IIONI 613,i'„)(,I 44!,L, May 24, 1993 Commissioner Burt Saunders Collier County Government Center 3301 Tarniami Trail East - Building F Naples, },7orida 33962 Re: Consolidation of County Advisory Boards Dear Chairman Saunders: Although I was one of the original advocates of establishing the Environmental Policy Technical Advisory Board (EPTAB) and a strong opponent of simply assigning its responsibilities to the Environmental Advisory Board (EAB), it would he my recommendation to eliminate EPTAB as a standing advisory committee at this time. For a variety of reasons too complicated and lengthy to include in this letter, after having participated for nearly two years as an EPTAB member, I do not feel that the current structure and format of EPTAB is the best, most effective use of the either staff's or member's time and capabilities. In I PTAI3's place I would recommend that, at either taffs or o address single County CCommissioner's initiative, ad hoc working groups be established c environmental policy issues as they arise. At times there might be no such working groups in existence; other times, there could be two or three. Such groups would consist of either four, six or eight members with no single interest group dominating. It has been my experience that larger groups are solutionstendto. be generated.no dominant � ant�'Gse st sngaller exists on a committee, reasonable s temporary working groups will allow the assembly of the best talent to address a specific issue rather than relying on the backgrounds of the then current EPTAB members. In addition, spreading the workload in this manner will allow individuals to participate on issues only when they have an interest and an ability to contribute. This should greatly reduce the time commitment required of our generally very busy talented citizen advisors. in order to comply with the Comprehensive Plan, the EAB may have to be given formal environmental policy advisory responsibility. However, either the ordinance and/or the Comprehensive Plan can be modified to reflect s that as "environmental l policy issues will o by be addressed by the EAB or ad hoc working group the Board of County Commissioners." is Al I S1 Al I AGi;IC{.11 (na AIVi)CAM Al MANnCil MI N I F.:ROM :COLLIER ENTERPRISES TO 8137749222 1993,05-24 03: 12PM #515 P.03/03 I should make it clear that 1 do not feel that the EAB can effectively perform its current responsibilities as well as those of EPTAB. We can expect only so much time from our citizen volunteers, For them to perform well on both sets of responsibilities, could at times approach a full time commitment. Thus, there is the need for the EAB fund the ad hoc working groups should EPTAB he eliminated. if 1 can provide additional input, please do not hesitate to contact me. Sit cerely, David L. Land President, Natural Resources Group 1)1 L:vl�► DRAFT: APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MAY 10, 1993 Present: David Maehr Bob Duane Nancy Payton Gary Beardsley David Land Excused Tony Pires Mike Davis Larry Richardson Absence: Dave Addison Staff: Bill Lorenz Mac Hatcher Gail Gibson Fran Stallings Kim Polen Steve Preston Dick Hartwell Kevin Dugan Martha Howell Public: Chris Straton Stuart Swanson 1. The minutes of the May 3, 1993 , meeting were not approved for lack of a quorum. 2 . Old Business: A. Bob Duane reported on the Aquifer Recharge Subcommittee Report and suggested that the Subcommittee needed to meet one more time before the May 24 , 1993 , EPTAB meeting. B. Discussion of the HPO letter was re-scheduled for the next EPTAB meeting. The Planning Commission is scheduled to hear the HPO on Wednesday, May 12 , 1993 . The HPO is scheduled to go to the Board on May 18, 1993 . C. Merger of EAB and EPTAB will be discussed at the May 25, 1993 Board meeting. EPTAB will draft additions to Bill Lorenz's letter for the next EPTAB meeting. D. Bill Lorenz and Gail Gibson presented the High Aquifer Recharge Area Delineation Protection and Criteria Report. Four alternative protection proposals were offered for discussion. Bill Lorenz stated that staff was leaning towards Alternative III, because it included the recharge areas plus the Water Table Aquifer plus the Lower Tamiami Aquifer. Some EPTAB members favored Alternative IV because it protected all of Collier County. David Land was concerned that the Report did not cover "thresholds" for single family plots. David Maehr also questioned the possibility of zoning violations that might occur on these residential lots. David Land suggested that the LDC be checked to see if residential properties are exempt from these required thresholds. David Maehr also asked if government owned land would be regulated by these restrictions. Staff will draft information for the next Subcommittee meeting to be held May 18 , 1993 at 3 : 00 p.m. at Building H. 3 . New Business: A. A meeting will be held next week to discuss the progress of Camp Keais NRPA. The meeting will be between Dick Hartwell, Mac Hatcher, Fran Stallings and Bill Lorenz. David Land will be contacted for the next Subcommittee meeting on the Camp Keais NRPA after the staff meeting. B. David Land to discuss "Greenway Committee" at the next EPTAB meeting. David pointed out that these areas consisted of historical and natural land extensions, as well as narrow types of "greenways" such as railroad tracks. The goal of the program is to recognize 150 of these areas. C. David Maehr explained about a new citrus impact report on wildlife from SFWMD. 4 . Public Comment: Stuart Swanson asked for an explanation of SARA Title III sites. 5. The next meeting is scheduled for May 24 , 1993 at 4 : 00 p.m. )4.41teie nieo emg.4,e0- 44,v 0ey i*arele MAcer-i / • • 4: 7„) // . cke. / A64- c .6145clu - Lir/Cr, bL )1a4-6(1) Ago 4.4 s tir0 Y1 Po ,aeaa,v1 // ;1' 4akv / / KiNgo-Qcyrci-z-L-r-N/ 94 -- • / • ENVIROh..a,ATAL POLICY TECHNICAL ADVi..-AY BOARD AGENDA DATE: May 10, 1993 PLACE: Collier Government Complex, Building H, 2nd Floor, Conference Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - May 3 , 1993 IV. Old Business a. Discussion of the letter of approval for the HPO b. Aquifer Recharge Subcommittee Report c. Staff Aquifer Recharge Report d. Merger of EAB and EPTAB V. New Business VI. Public Comments VII. Adjournment 5/7/93 Environmental Policy Technical Advisory Board (EPTAB) 1. Definition/purpose Ordinance 91-26 states that EPTAB will function to: 1. advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2 . advise and assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances, policies, programs and other initiatives dealing with natural resources. The powers and duties of the EPTAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2 . Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3 . Assist the Board in developing and revising, as appropriate, local rules, ordinance, regulations, programs and other initiatives addressing the use, conservation and preservation of the County's natural resources. 4 . Assist in the implementation and development of the Growth Management Plan regarding environmental issues. 5. Assist the Board in identifying and recommending solutions to existing and future environmental issues. 6. Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1. 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan. 7 . Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. 8. Provide an opportunity for public comment on environmental issues, ordinances and programs. -1- 2. Membership and qualifications EPTAB is an eleven-member Board whose members are appointed by the Board of County Commissioners. The primary consideration in appointing EPTAB members is to provide the BCC with technical expertise necessary to effectively accomplish the EPTAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as a botany, ecology, zoology, etc. ) , Coastal Processes, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. 3. Attendance EPTAB has held 52 meetings from 6/27/91 to 4/12/93 . During that period, EPTAB succeeded in having a quorum 50 times (96%) . Attendance has averaged 77% of the membership. 4. Accomplishments 1. Development of an Environmental Lands Acquisition Program 2 . Identification of environmentally sensitive lands for the acquisition program and the NRPA program 3 . Review and input to the Coastal Zone Plan and associated LDC amendments 4 . Review and input to the Habitat Protection Ordinance 5. Future Goals 1. Development of the NRPA Program 2. Recommendation for protecting Aquifer Recharge areas 3 . Review and input to the Estuarine Management Plan 6. Staff Assessment One of the prime values of EPTAB is to provide a formal and continual communications link between the Natural Resources Department and various individuals and groups throughout the County. , The bi-weekly meetings also provide a common ground for communication and dialog between the various individuals and groups represented on the committee as well. This interface is valuable to the NRD and the County in achieving rationality and balance in the various tasks assigned to the NRD and in developing programs and addressing issues in a practical manner. -2- + t: gyarr N:!a i?wailsorg Ma a!•1litstEC31 AdVgg3O i 1 : t Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 33962 4 May 1993 Dear Commissioners, In recognizing that Collier County is unique in possessing unusual and extensive natural areas as well as enviable urban settings, the Environmental Policy Iecnnical Advisory Board also recognizes that the Habitat Protection Ordinance is a part of an important process in maintaining a healthy environment. Landscape extensive environmental considerations will be adressed as we develop recommenaat ions for the Natural Resources Protection Area program as requires by the comprehensive plan. The HPO and the NRPA program will create an innovative process for the protection of environmental values so important to Collier County's economic health and quality of life. In the mean time, however, we think it is important that site intensive habitat protection guidelines be implemented (the HPO) as a basic approach in maintaining a high quality human community primarily in the County's urban areas. We are quickly entering a brief era where short term land use decisions will determine the future appearance of Collier County /de __ Unchecked and inadequately planned growth rnanded by a burgeoning human population currently threatens to transform Collier into another Broward or Palm Beach County, along with all the social, fiscal, and environmental ills inherent in such urban sprawl. We recommend that the BCC approve the HPO, yet maintain flexibility to add imaginative, progressive, problem-solving approaches to the ordinance. For example, the HPO does not currently allow mitigation, either on-site or off-site, for those situations where the application of the ordinance would severely restrict the use of property and where the protection of unique environmental resources could be accomplished elsewhere. EPTAB recommends that mitigation be added to future revisions. We encourage the BCC to begin the process of long-range environmental stewardship by adopting the HPO as a first step. Please advise if we can provide further comment on the ordinance. Sincerely, David S. Maehr Chairman, EPTAB / DRAFT: 5/04/93 APPROVED: 5/24/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MAY 3, 1993 Present: David Maehr Nancy Payton Gary Beardsley Dave Addison Steve Means Tony Pires Larry Richardson Bob Duane Excused Absence: Mike Davis Glenn Simpson Staff: Bill Lorenz Mac Hatcher Martha Howell Fran Stallings Kim Polen Public: Chris Straton Stuart Swanson Bill Neron 1. The minutes of the April 26, 1993 meeting were amended as follows and approved unanimously. 2 a) No date for Board Workshop is set. 4 . The May 3 , 1993 meeting is to vote for or against the HPO. 2 . Old Business: a) David Maehr discussed the combining of the Environmental Advisory Board and EPTAB. This is planned for discussion at the May 18 , 1993 BCC Meeting. b) Discussion regarding the Habitat Protection Ordinance (HPO) : The Equivalent Substitution provisions versus mitigation and off-site mitigation were discussed. Simplification of the point rating system and alteration to allow performance standards was requested by Bob Duane. A motion to exclude the point system was made and seconded Public comment that the point system is unworkable fiscal impacts were not considered, and correspondence from the Economic Development Council stating opposition to the proposed HPO was presented to EPTAB. The vote was three for the motion and five against. Martha Howell pointed out that the requirements for environmental evaluation, with the exception of the ranking system, are already required in the existing LDC. Fran Stallings added that the Development Services Staff Review indicated it would take a minimal amount of time. Tony Pires and Bob Duane discussed the lack of flexibility with existing set backs and requested some flexibility be mentioned in the discussion. Dave Maehr discussed the letter he drafted and several members suggested changes to the letter. Steve Means and Tony Pires indicated they liked the "itemized" form of Steve's April 12, 1993 letter. A motion was made to state support for the HPO in a simple letter. It was seconded and passed by a vote of five for and three against. All are to consider the letter which will be discussed at the next meeting May 10, 1993 . Chris Straton asked how much of an improvement over the existing LDC the HPO is. 3 . New Business: 4 . The next meeting is scheduled for May 10, 1993 , at 4 : 00 p.m. 5. Adjournment motion was approved unanimously. Action Items 1. Aquifer Recharge Subcommittee Report - May 10, 1993 . ENVIROa ENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: May 3, 1993 PLACE: Collier Government Complex, Building H, 2nd Floor, Conference Room 216 TIME: 4: 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - April 26, 1993 IV. Old Business a. Full discussion of the Habitat Protection Ordinance V. New Business VI. Public Comments VII. Adjournment DRAFT: 4/27/93 APPROVED: 5/3/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF APRIL 26, 1993 Present: David Maehr Nancy Payton Gary Beardsley Dave Addison David Land Larry Richardson Bob Duane Excused Absence: Mike Davis Tony Pires Steve Means Glenn Simpson Staff: Bill Lorenz Mac Hatcher Martha Howell Fran Stallings Dick Hartwell Public: Chris Straton Stuart Swanson 1. The minutes of the April 12 , 1993 meeting were approved unanimously. 2 . Old Business: a) NRPA update was presented by Dick Hartwell and Mac Hatcher. A lengthy discussion by EPTAB members followed the update. EPTAB members adjusted the Camp Keais NRPA boundaries to include part of the Florida Panther National Wildlife Refuge, a small narrow strip of land directly north of Interstate 75, and farm lands southwest of Immokalee Road. Further discussion involves the importance of ecosystem being kept intact. Dave Land suggested that staff contact Ray March of Collier Enterprises to determine the type of information Mr. March has compiled involving the Camp Keais area, and try and coordinate this information with the NRPA proposal. Bill Lorenz announced that the Board of County Commissioners workshop would not be held on May 26th, but would be scheduled sometime in June. EPTAB members requested Dave Maehr, as Chairman, contact Neil Dorrill and explain the urgency of having this workshop. Bill Lorenz also requested that EPTAB members contributed more information on Camp Keais protection mechanisms. b) Aquifer Recharge Subcommittee Report delayed until the May 10, 1993 EPTAB meeting. c) HPO response discussion was delayed. Bob Duane suggested that EPTAB members should respond to this ordinance one way or the other. Mr. Duane suggested that another EPTAB meeting be held next Monday to discuss EPTAB members responses to this proposed ordinance. It was agreed that EPTAB would meet May 3 , 1993 . d) EPTAB members briefly discussed the proposed merging of EAB and EPTAB. Bill Lorenz stated that he sent a letter to Neil Dorrill recommending against the merger. 3 . New Business: 4 . The next meeting is scheduled for May 3 , 1993 , at 4 : 00 p.m. to vote for or against the HPO. 5. Adjournment motion was approved unanimously. Action Items 1. Dave Maehr to contact Commissioner Saunders and County Manager Neil Dorrill about NRPA workshop. 2 . Steve Means HPO response discussion. 3 . Aquifer Recharge Subcommittee Report - May 10, 1993 . /6 / /Ye e) Ccs Chn5 f31 JJ 2-D 4ier-vt- Afetaf‘r A/4P 4k AAaf ENVIRz -1ENTAL POLICY TECHNICAL Ar'- eORY BOARD AGENDA DATE: April 26, 1993 PLACE: Collier Government Complex, Building H, 3rd Floor, Conference Room C TIME: 4: 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - April 12, 1993 IV. Old Business a. NRPA Subcommittee Update; b. Aquifer Recharge Subcommittee Report; c. Steve Means HPO response discussion; d. Discussion of merging EAB and EPTAB. V. New Business VI. Public Comments VII. Adjournment DRAFT: 4/15/93 APPROVED: 4/26/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF APRIL 12, 1993 Present: Mike Davis Nancy Payton Gary Beardsley Steve Means Tony Pires Bob Duane Excused Absence: David Maehr, Larry Richardson Staff: Bill Lorenz Mac Hatcher Jennifer Staiger Fran Stallings Dick Hartwell Kevin Dugan Doug Suitor Public: Chris Straton Stuart Swanson Virginia Corkran Shannon Boyle 1. The minutes of the March 29 and 31, 1993 meeting were amended to add that "David Land gave a brief overview of the Rural Estates meeting" and approved as amended unanimously. 2 . Old Business: a) Bill Lorenz indicated that the Camp Keais NRPA workshop date was not definite yet and would probably be in June. Work is continuing on the development of the supporting data. b) Steve Means indicated the Aquifer Recharge Subcommittee report was not ready. c) Fran Stallings gave a brief overview of what was presently proposed for the Conservancy's Annual Environmental Board Workshop. Systems at risk - Fran Stallings, Inland - Ed Carlson, Coastal - Gary Lytton, Protection - Bill Lorenz, SFWMD - John Fumaro, Easements - Bernie Yokel, Public comments and questions. Steve Means presented his draft comments regarding the HPO. Tony Pires indicated dissatisfaction with the lack of flexibility regarding set backs and other existing standards in the HPO. Other issues discussed included the ranking procedures preferential habitat standards, isolated developments, grandfathering existing development orders, and the assumption that existing wetlands would be most likely habitats preserved. Motion to support the proposed HPO failed for lack of a second. Steve Means will continue to draft a response for EPTAB approval regarding concerns with the HPO. Final version of HPO will be mailed out ASAP. Bill Lorenz indicated the following schedule for HPO review. 5/6/93 Collier County Planning Commission 5/19/93 Collier County Board of County Commissioners Hearing 6/2/93 Collier County Board of County Commissioners Hearing 3 . New Business: 4 . The next meeting is scheduled for April 26, 1993 , at 4 : 00 p.m. 5. Adjournment motion was approved unanimously. Action Items 1. Steve Means work to continue on response for EPTAB regarding concerns with the HPO. 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"a2 c,�"ao,'eI",3�coa ,-'o,Rs�+.oNCc"� "om_, 58a; , g�3 T,g2.y O.8'a m"�O, =0:2.oS -N1ayC p �"' d0?tKim goiig:g c-F.a mom g� ogd!"o2S8m Kowmm'e mr:-. oo�wa?�R!pio, 4am •••t wE eSG•R?m---gq iosos� ti<<a " pen :., o��-'a'$'�1g'yJ 8a? mmo'$�s. eaom eO4aga'.S`<""m^wa`4. • '<g ("14 =1Zro . R. -, a mons B rg m=45'$° -$ti_2 gsm g mgoR ;,a.,:10) .,, 4111 c.e.§ao1`' ZL =ew^S°�S� votidoN .a� x' o '4.1.147,7; �Fyao ! wQ_° E -£E Q ^<':t -� 4 -7 y^ < o °gm T .-m4d3 ^ 02.Sc3,53,0 =2;< ?3' .�z � "---- cm . c mm April 12, 1993 Collier CountyBoard of CountyCommissioners DRAFT 3301 Tamiami Trial East Naples, Florida 33962 RE: Collier County Environmental Policy Technical Advisory Board (EPTAB) Habitat Protection Ordinance (HPO) Dear Commissioners: The purpose of this letter is to state the position that EPTAB takes with regard to the proposed Habitat Protection Ordinance. For over a year, EPTAB has reviewed and provided input to County staff on draft versions of the HPO. Throughout the draft process, EPTAB has expressed both support and concern for the ordinance. At our last meeting on March 29, 1993, we considered the final draft of the ordinance and came to a consensus that EPTAB could not support the HPO due to broad philosophical concerns. However, EPTAB did agree that the HPO is mandated by the comprehensive plan and needs to be presented to the Board and to the public as soon as practical. For your consideration, EPTAB presents the following concerns regarding the current draft of the HPO: 1) The Comprehensive Plan stated many goals and objectives with regard to habitat protection including those based on biology, conservation, water resources, endangered species, and economic impact. While the HPO addresses many of these, others are ignored. EPTAB recommends that the HPO be reviewed for compliance with all relevant sections of the Comprehensive Plan. 2) The HPO addresses habitat protection based on vegetation type and property boundaries. The HPO would be applied to projects proceeding through the County permitting process. The on-site vegetation types are ranked and a percentage of the highest ranked vegetation is preserved. This leads to pockets of preserved vegetation scattered through the urban area which is of questionable value with respect to overall habitat protection. EPTAB believes that an essential element of habitat protection is the implementation of the NRPA program. The program addresses habitat protection on a large scale based on ecological systems rather than on property boundaries. 4/12/93-00100117.MRS Collier County Board of County Commissioners Page 2 EPTAB recommends that the NRPA program be considered as a part of any a a habitat protection ordinance. 3) When EPTAB considered the first HPO draft, the emphasis was placed on the protection and appropriate use of functioning viable native habitat (per the Comprehensive Plan). Since then, the HPO has evolved into a one size fits all set of regulations which preserves pockets of vegetation regardless of function or viability. EPTAB recommends that the HPO be written such that preserved areas are functioning viable habitat rather than pockets of preserved vegetation that do not meet the intent of the HPO. 4) The HPO does not allow for mitigation, either on-site or off-site, for those situations where the application of the ordinance would unduly restrict the use of property. EPTAB recommends that mitigation be considered in future drafts. 5) EPTAB believes that the application of the HPO will be cumbersome and open to substantial subjectivity and interpretation. We question the need for the complicated ordinance when it may be possible to make some simple revisions to the Land Development Code along with the adoption of the NRPA program and meet the intent of the Comprehensive Plan. EPTAB encourages you to consider these comments when hearing the HPO and should you have any questions please feel free to contact any EPTAB member. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. Stephen A. Means, P.E. Senior Associate 4/12/93-00100117.MRS r ___. ,.. . ),,,- --- Y c CD a Oc o C A O CCO CD Cr. ^> - 23 o CD 0 y .19 -� a°� � D CD.y y A . co oo A � • O.:eDoA 0m aJofe� ry`< 6 0O , C-IOD� gG 7A N < Ap a. rf VT D Mme ' O co iqo . � yri.ytpO a co O wyo C .. O a.-,04,y o 6. su R a - » 6aaFbs coA � . : 0n s,co _ S macm w • CD o" oaa - A O pla ,o ? = CA G� '+A D , .,. Dc. C r''r 0. �p� O ` CD00oCryrD oy la'••0 b • CA Zo y tio o y � � A 'O A0 iii Crb - i ,'+ o •-. yH% m u lV gooa.= co go Aw 5a �/4� n N A A - O A O 1--� ~'oasco e co -. 5; n) C m � _a = - m �cco 'tio . 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N 's % G.co ra ,-,0 A <.� •0.A w `" 0'..4 u0 cOD=''o ma 111 Aa� .et- 1 act o coi -, co A 0 . oo ,.0 t1> �V fa te en y A e+„O Ps 4) C .ti..A .9- "� ti A rim�ACD romj1i: 0-CD o NM III A E:Pr " 0 .0., m Aiw59.a? m gCO as Oat DRAFT: 4/6/93 APPROVED: 4/12/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MARCH 29 AND 31, 1993 Present 3/29: Glenn Simpson Nancy Payton Larry Richardson David Addison Gary Beardsley Steve Means David Land Mike Davis David Maehr Excused Absence: Tony Pires; Robert Duane Staff: Bill Lorenz Mac Hatcher Jennifer Staiger Fran Stallings Martha Howell Barbara Prynoski Dick Hartwell Kevin Dugan Mercedes McCallen Public: Chris Straton Stuart Swanson Virginia Corkran Chris Ramsey Barbara Cawley Present 3/31: Glenn Simpson Mike Davis Steve Means David Land Gary Beardsley Nancy Payton David Maehr Excused Absence: Tony Pires; Robert Duane; Larry Richardson; David Addision Staff: Bill Lorenz Mac Hatcher Jennifer Staiger Fran Stallings Kevin Dugan Dick Hartwell Public: Chris Straton Barbara Cawley Stewart Swanson 1. The minutes from March 15, 1993 were amended for Action Item #1 to read rural estates instead of South Golden Gate, and approved as amended. 2 . Old Business: a) A lengthy review of the Habitat Protection Ordinance (HPO) was addressed by each EPTAB member. Each section of the HPO was discussed and critiqued. Written comments and amendments were also submitted to staff. b) A motion to continue meeting on March 31, 1993 was approved. c) Review of the HPO by EPTAB members was continued from March 29th meeting. Each member made comments and submitted more written amendments to staff. There was a general consensus that the HPO would not "stand alone" without the NRPA program in place. Fran Stallings pointed out that staff had designed the two Ordinances to be complementary. However, each should stand alone in that the HPO is applicable when development is proposed whereas the NRPA Program is applicable prior to development as well as setting forth terms and conditions that would guide development. Public input was also taken during this review. David Land gave a brief overview of the Rural Estates meeting. 3 . New Business (3/29) : a) David Land discussed EPTAB Subcommittee meeting and asked EPTAB members to submit their objectives and any information that they may have on the proposed Camp Keais NRPA to staff. b) (3/31) : Dick Hartwell and David Land discussed EPTAB Subcommittee meetings and where the Camp Keais NRPA program stood at the present time. 4. The next meeting is scheduled for April 12 , 1993 , at 4 : 00 p.m. 5. Adjournment motion was approved unanimously. Action Items 1. Steve Means will draft a statement about EPTAB concerns relating to the HPO. ti i Lk : . -3 .y ,,. r V .:7.- `•` se CVS .... • u..r.�r,... ... -.r elf ! A '4X .-.1t-t :-0, 96 criatkir-g,._' it7L, ' . Or r0411 Fi NI ' '. ',,'",:. " , - 4 PD431 fih":7 . ':.Y71 ail, j 0 4; . of i • ,. OF AGREEMENT o sr4 MEMOR DUN 4# ,� -• BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY , Ark r i3 THS D ' '["M NT OF THE ARM Y C ICERPIIN AN EPAR E �• �. THE DETERMINATION OF MITIGATION UNDER THE %-.,, ;., CLEAN WATER ACT SECTION 4O4(b)(l ) Cit_•tr�E1,1NES 4.1.44 t 1 L ?wpo.se 'The United States Environmental Protection Agency (EPA) and the United States Department of the Army (Army) hereby articulate. the pnl:.)r and procedures to he used in the determination of the type and level of mitigation necessary to demrrnstrute compliance with the Clean Water Act (CWA) Section 404(1;•;:; ;) C Jidelines ("Guidelines") This Memorandum c;f A -yernent (MOA) expresses the explic t intent of the Army and EPA to implern nt ,he oh;ectiNc of the CNA to rest. :;f :,nd rr.ainr,lil ?.he chemical. Nation's s i t di wets.rth. Thos MOA is physical, and h :zl lg::-aI ;:!I_�� it�� of the . a on's «•ager�, r.cs;�.�, r_. .r. specs ;cafy limited to `-he Section; 404 Regulatory Progran; and i writte.': to provide guidance for agency field personnel on the type and level of mitigation which demonstrates compliance with requirements in the Guidelines. The policies and procedures discussed herein are consistent with current Section 404 regulatoryrr��actices Snd afe provided in response to guestinrir that have been raised about how the Guidelines are implemented. The MOA does not change the substantive requirements of the GuPdehines. ll is intended to provide guidance regdrdirig the exercise of discretion under the GuideiiT es- Although the Guidelines are clearly applicable to all discharges of dredged or fill materials including general permits and Corps of Engineers (Corps) civil works projects, this MOA focuses on standard permits (33 CFR 325.5(h)(1))°. This focus is intended solely to reflect the unique procedural aspects associated with the review of standard permits, and does not obviate the need for other regulated activities to comply fully with the Guidelines. EPA and Army will seek to develop supplemental guidance for other regulated activities consistent with the policies and principles established in this document. This MOA provides guidance to Corps and EPA personnel for implementing the Guidelines and mus: be adhered to when considering mitigation requirements for standard permit applications. The Corps will use this MOA when making its determination of compliance with the Guidelines with respect to mitigation for standard permit applications. , EPA will use this MOA in developing its positions on compliance with the Guidelines for + ''Standard permits are those individual permits which have been processed through application of the Corps public interest review procedures (33 CFR 325) and EPA's Section 404(h)(1) Guidelines, including public notice and receipt of comments. Standard permits do not include letters of permission, regional permits nationwide permits, or <, programmatic permits. • * .. .... _. _ grrnyJjr.4 MOA cwicu+ing Dcbcrminaliam of Mr y+'wd°'do Sectio 4O4(b)(?) 2 1' proposed discharges and will reflect this MOA when commenting on standard rermit applications. II. Policy A. The Council on Environmental Quality (CEO) has defined mitigation in its regulations at 40 CFR l50-8,n to include; avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time, and compensating for impacts. 'The Guidelines establish environmental criteria which must be met for activities to be f,.rr.:ittcd under Section 404., The types of mitigation enumerated by CEO are compat.le with the requirements of the Guidelines; however, as a practical matter, they ear; tie : omhined to form three general types: avoidance, minimization and compensatory mitiptiun. The remainder of this MOA will speak in terms of these more hypes of ,..itigarom. B. The. Clean Water Act and the Guidelines set forth a gc'nl C'i ui loran`' and nlaintainioi: existing aquatic resources. The Corps will strive to avoid adverse ;inp :is and offset unkocriduble atd.-crNc impacts to existing aquatic resour{eS, and for w.:thnd,... will strive to achieve a goal of no overall net loss of values and functions. in focusing the goal of no oyer:+'i net kiss w wetlands only, EPA and Army have expliciny re,ognized the special significance of the nation's wetlands resources. This special recognition of wetlands resources does mit in any manner diminish the value of other waters of the tailed States, which are often of high value. All waters of the United States, such as streams. rivers. lakes, etc.. will be accorded the full measure of protection ander the Guidelines. including the requirements fur appropriate and practicable mitigation. The determination of what level of mitigatio7n constitutes "appropriate" mitigation is based solely on the values and functions of the aquatic resource that will he impacted. `Practicable" is defined at Section 230.3(4) of the Guidelines.' However, the level of mitigation determined to be appropriate and practicable under Section 230.10(d) may lead to individual permit decisions which do pot fully meet this goal because the mitigation measures necessary to meet this goal are not feasible, not practicable, or would accomplish only inconsequential reductions in impacts. Consequently, it is recognized that no net loss of wetlands functions and values may not be achieved in each and every permit action. However, it remains a goal of the Section 404 regulatory program to contribute to the national goal of no overall net loss of the nation's remaining wetlands base. EPA and Army are committed to working with others through the Administration's interagency task force and other avenues to help achieve this national goal. ?(except where Section 404(b)(2) applies). 3Section 230.3(q) of the Guidelines reads as follows: 'The term practicable means trvaih►hle and capahlt: cif hciut; done after taking into consideration cats. existing technology, and logistics in light of overall project ptuyx).ces." (Emphasis supplied) ,‘„) ' An //lJ'l MOr+ Cannng d,r L mw iouan of Mips m w'do dr&mks% 4.0t(h)(1) lpaijr $ . Ill. Other yrrzediues A. Potential applicants tot major projects should he encouraged to arrange preapplication meetings with the Corps and appropriate federal, state or Indian tribal, and local authorities to determine requirements and documentation required for proposed permit evaluations. As a result of such meetings, the applicant often revises a proposal to avoid or minimize adverse impacts after developing an understanding of the Guidelines requirements by which a future Section 404 permit decisro will be made, in addition to gaining an understanding of other state or tribal, or local requirements. Compliance with other statutes, requirements and reviews, such as NEPA and the Corps public interest review, may not in and of themselves satisfy the requirements prescribed in the Guidelines. B. In achieving the goals of the CWA, the Corps will strive to avoid adverse impacts and offset unavoidable adverse impacts to existing agaatie resources. Measures which can accomplish this can he identified only through resource assessments tailored to the site performed by qualified professionals because ecological characteristics of each aquatic are unique. Functional values should be assessed by applying aquatic site assessment techniques generally recognized by experts in the field and/or the best professional judgment of federal and state agency representatives, provided such assessments fully consider ecological functions included in the Guidelines. The objective of mitigation for unavoidable impacts is to offset environmental losses. Additionally for wetlands, such mitigation should provide, at a minimum, one for one functional replacement (i.e., no net loss of values), with an adequate margin of safety to reflect the expected degree of success associated with the mitigation plan, recognizing that this mintitiltlm requirement may not 'be appropriate and practicable, and thus may not he relevant in all cases, as discussed in Section iI.6 of this MOA.7 In the absence of more definitive information on the functions and values of specific wetlands sites, a minimum of l to I acreage replacement may be used as a reasonable surrogate for no net loss of functions and values. However, this ratio may be greater where the functional values of the area being impacted are demonstrably high and the replacement wetlands are of lower functional value or-the likelihood of success of the mitigation project is low. Conversely, the ratio may be less than l to 1 for areas where the functiona` values associated with the • ?Fol example, there are certain areas where, due to hydrological conditions, the technology for restoration or creation of wetlands may not be available at present, or may otherwise be impracticable. In addition, avoidance, minimization, and compensatory mitigation may not be practicable where there is a high proportion of land which is wetlands. EPA and Army, at present, are discussing with representatives of the oil industry, the potential for a program of accelerated rehabilitation of abandoned oil facilities on the: North Slope to serve as a vehicle for satisfying necessary compensation requirements. Pliff soda dr 5a�n iW(b)(i) Hidd a' i tinry/JPA MOA Ca C th 1 i ,i R'X°°0^ Compensatory mitigati,)n may not he used as a method to reduce environmental impacts in the evaluation of the least environmentally damaging practicable alternatives for the purposes of requirements under Section 230.I0(a). 2 Minimization. Section 230.10(d) states that appropriate and practicable steps to minimize the adverse impacts will he required through project modifications and permit conditions. Subpart H of the Guidelines describes several (but not all) means for minimizing impacts of an activity. 3. Compensatory Mitigation. Appropriate and practicable compensatory mitigation is required for unavoidable adverse impacts which remain after all appropriate and practicable minimization has been required. Compensatory actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands) should he undertaken, when practicable, in areas adjacent or contiguous to the discharge site (on-site compere "( ry mitigation). If on-site compensatory mitigation is not practicable, off-site compensatory mitigation should he undertaken in the same geographic area if practicable (i.e., in close physical pr: ximity and, to the extent possible, the same watershed). In determining compensatory mitigation, the functional values_ lost by the resource to be impacted must he considered. Generally, in-kind compensatory Mitigation is preferable to out-of-kind. There is continued uncertainty regarding the success of wetland creation or other habitat development. Therefore, in determining the nature sand extent d �o success. habitat bi development of this type, careful consideration should he given tc� Because the likelihood of success is greater and the impacts to potentially valuable uplands are reduced restoration should be the first option considered. In the situation where the Corps is evaluating a project where a permit issued by another agency requires compensatory mitigation, the Corps may consider that mitigation as part of the overall application for purposes of public notice, but avoidance and minimnization shall stilt be sought. Mitigation banking may he an acceptable form of compensatory mitigation under specific criteria designed to ensure an environmentally successful hunk. Where a mitigation bank has been approved by EPA and the Corps for purposes of providing compensatory mitigation for specific identified projects, use of that mitigation bank for those particular projects is considered as meeting the objectives of Section 11.0.3 of this MOA, regardless of the practicability of other forms of compensatory mitigation. Additional guidance an mitigation banking will he provided. Simple purchase or preservation" of existing wetlands resources may in only exceptional circumstances he arrrnted as compensatory mitigation. EPA , and Army will develop specific guidance for preservation in the context of compensatory mitigation at a later date. sw! 1:u...�as .�..y .......,. .... ............... - J -.._ ,1 rm1'/1 PA MOA Concerning the lea rrnsinaian of Miugarion undo.rV Swim 404(h)f 1)(Agadir/all pate C. In evaluating standard Section 404 permit applications, as a practical matter, information on all facets of a project, including potential mitigation, is typically gathered and reviewed at the same time. The Corps, except as indicated below, first makes a determination that potential impacts have been avoided to the maximum extent practicable: remaining unavoidable impacts will then be mitigated to the extent appropriate and practicable by requiring steps to minimize impacts and, finally, compensate for aquatic resource values. This sequence is considered satisfied where the plc:posed mitigation is in accordance with specific provisions of a Corps and EPA approved comprehensive plan that ensures compliance with the compensation requirements of the Section 404(h)(1) Guidelines (examples of such comprehensive plans may include Special Area Management Plans, Advance Identification areas (Section 230.80), and State (coastal Zone Management Plans). It may he appropriate to deviate from the sequence when EPA and the Corps agree the proposed discharge is necessary to avoid environmental harm (e.g., to protect a natural aquatic community from saltwater intrusion, chemical contamination, or other deleterious physfca1 +r chemical impacts), or EPA and the Corps agree that the proposed discharge ran reasonably he expected to result in envisonmental Bain or insignificant environmental lu.;set.. In determining"appropriate and practicable" measures to offset unavoidable impacts. "such measures should be appropriate to the scope and degree of those impacts and practicable in terms of cost, existing technology, and logistics in light of overall project purposes. The Corps will give full consideration to the views of the resource agencies when making this determination, 1. Avoidance:.-' Section 230.10(a) allows permit issuance for only the least environmentally damaging practicable alternatives The thrust of this section on alternatives is avoidance of impacts. Section 230.10(a) requires that no discharge shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact to the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences. In addition, Section 230.10(a)(3) sets forth rebuttable presumptions that 1) alternatives for nein-water dependent activities that do not involve special aquatic sites° are available and 2) alternatives that do not Involve special aquatic sites have less adverse impact on the aquatic environment. 4Avoidance 85 used in the Section 404(b)(1) Guidelines and this MOA does not include compensatory mitigation. `1t is important to recognize that there are circumstances where the impacts of the project are so signiticant that even if alternatives are not available, the discharge may not be permitted regardless of the compensatory mitigation proposed (40 CFR 230.10(c)). °Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs and riffle pool complexes. - - - -- P. 01 Ft.:= ‘;‘, ILI F71 if-' /Ai...AL 7?''.121,490011, ' viPief-4'1111+#61 ' , Rnmmy/trA M04 d r D t r m inapion of Mtigati n under the S m 4(4(bllt)C, dd I � for 6 IAA area being impacted are demonstrably low and the likelihood of success associated Lith the Mitigation proposal is high. C. The Gudelines are the environmental standard for Section 404 permit issuance ' under the CWA. Aspects of a proposed project may he affected through a determination of requirements needed to comply with the Guidelines to achieve these CWA environmental goals. t. is t L Monitoring an important aspect of mitigation, especially in areas of scientific uncertainty. Monitoring should be directed toward determining whether permit conditions are complied with and whether the purpose intended to be served by the condition is actually achieved, Any time it is determined that a permittee is in non-compliance lvith mitigation requirements of the permit, the Corps will take action in accordance with 33 Cl-K !'art 326. Monitoring should not be required for purposes other than these. ahhciugh information for other uses may accrue from the monitoring requirements. For projects to be permitted involving mitigation with higher levels of scientific uncertainty, such as some forms of compensatory mitigation, long term monitoring, reporting and potential remedial action should be required. This can be required of the applicant through permit conditions, E. Mitigation requirements shall he conditions of standard Section 404 permits. Army regulations authorize mitigation requirements to he added as special conditions to an Army permit to satisfy legal requirements (e,g., conditions necessary to satisfy the Guidelines) [33 CFR 325.4(a)j. This ensures legal enforceability of the mitigation conditions and enhances the level of compliance, if the mitigation plan necessary to ensure compliance with the Guidelines is not reasonably implementable or enforceable, the permit shall be denied- F. Nothing in this document is intended to diminish, modify or otherwise affect the statutory or regulatory authorities of the agencies involved. Furthermore, formal policy ` guidance on or interpretation of this document shall be issued jointly. i • I Q. This MOA shall take effect on February 7, 1990, and will apply to those completed standard permit applications which are received on or after that date. This MOA may he modified or revoked by agreement of both parties, or revoked by either party alone upon six (6) months written notice, f /4 1 0111 - t,.Eit4 1i/I e Robert W. Page (date) Laivana S. Witcher (date) Assistant Secretary of the Army Assistant Administrator for Water (Civil Works) U.S. Environmental Protection Agency CRAIG R.WOODWARD 51?/1"Cakage6, MARK J.WOODWARD SHANNONNWW..ANDERSON ANTHONY P. PIRES,JR. ' 01977.4delilden,CY. jOjg STEPHEN J. PETERSEN* JOHN A. NOLD** J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL April 1, 1993 Mr. William Lorenz VIA FACSIMILE Environmental Services Division (813) 774-9222 Collier County Courthouse Complex 3301 E. Tamiami Trail Naples, Florida 33962 RE: Excused absence from March 31, 1993 EPTAB Meeting Dear Bill : I found out today that the EPTAB meeting scheduled for March 29 , 1993 (which I was unable to attend and provided a written excuse) , was continued to March 31, 1993 . I was not advised of that and that is the reason I did not attend. Please indicate this as an excused absence also. If you have any further questions, please do not hesitate to contact me. Sincerely, WOODWARD !` N'DFL ,AON , P.A. ----' AV' Anthony P. Pires, .r. ; �„p4 APP/nls e .{T;; �� r V,:, _ TATE: _.W--- ACTION* l � PLEASE RESPOND TO: 0 Marco Island Office -_.._......,._. -. - Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 1 .1jj XX �t �r1 POSSIBLE HPD ALTERNATIVE 3/31/93 Note: Percents, ratios, and other numbers are for illustrative purposes only and will likely change in any final version. 1. All property owners in the County, with developed or undeveloped land, with or without native vegetation or habitats on their land, will have a one time 25% native habitat/vegetation protection responsibility for the surface area owned. 2. All property owners must either maintain 25% of their surface area in native habitat/vegetation or secure protection on any amount less than 25% in environmentally important habitat areas to be designated by the County. 3. Landscaping does not qualify as native habitat/vegetation unless it is of equal quality as viable, functioning, naturally-occurring native habitat/vegetation. 4. Undeveloped parcels will be required to meet the native habitat/vegetation protection requirement (a) when a Notice to Clear is submitted to the County which will effect 10% or more of the vegetation (native and non-native) on the property, or (b) a building permit, rezone, or other development action is requested of the County. 5. Previously or partially developed parcels will be required to meet the native habitat/vegetation protection requirement when (a) existing or new footprints on the parcel equal 10% in size any existing footprint, or (b) improvements to the property requiring County permits reach 10% of the assessed value of the property's past improvements. 6. The County will establish a Habitat Protection Fund. Property owners who cannot or choose not (see below) to protect 25% of their native habitat/vegetation on site will pay into this fund in lieu of securing native habitat protection rights themselves when: (a) The protection rights to be secured by the property owner are less than 5 acres, or Possible HPD Alternative Page - 2- 6. continued . . . (b) The protection rights to be secured exceed 5 acres but the landowner, at his or her discretion, prefers to pay into the fund rather than independently securing these rights. 7. The rate at which property owners will pay into the fund will be $5,000 per acre of rights which they wish to secure by off-site protection. This per acre rate will be compounded over time at the Consumer Price Index (CPI). 8. If the required amount of native habitat/vegetation required to be protected exceed 25% based on habitat type requirements and cannot be protected through off-site means (see below), then the County at its sole discretion, will have the option of allowing the landowner to develop that portion over 25% (provided this does not violate state or federal laws) or paying the landowner the fair market value of the development right for that portion over 25%. 9. The following native habitat/vegetation on-site or off-site protection will be required or allowed as the case might be: a. Xeric Scrub, Tropical Hardwood Hammocks, Coastal Dunes/Strands All such habitats in the County over one acre in size must be protected on- site even when property boundaries divide the habitat into artificial units of less than one acre. b. Viable, Functioning Wetlands (plus 50' Upland Buffer) Ninety percent must be maintained on site. Up to 10% can be used and mitigated for provided this does not violate any state or federal laws. Mitigation ratios may be as follows: (1) Successful creation or restoration of similar wetland in advance of any development of existing wetland: 1:1 (2) Successful creation or restoration of wetland of different kind in advance of any development of existing wetland: 2: 1 (3) Post-development creation or restoration of wetland of like kind: 3:1 Possible HPD Alternative Page - 3 - b. Viable, Functioning Wetlands (plus 50' Upland Buffer) continued . . . (4) Post-development creation or restoration of wetland of different kind: 4:1 (5) Purchase of County designated environmentally important habitats (wetlands and/or uplands): 10:1 c. Wetland Transitioning to Uplands (at least 25% upland species with conditions suggesting trend will continue) All can be used for development; however, 50% must be mitigated according to one of above ratios (9b (1) - (5). d. Pine Flatwoods, Dry Prairies, Other Hardwood Hammocks Focus will be on protection of these habitats in designated System NRPA's. If off-site protection is preferred (at developer's discretion), ratio is 2:1 if development density is 2 units per acre or greater and 1:1 if less than 2 units per acre. Commercial or industrial development will require a 3:1 off- site protection ratio. Mitigation purchases (fee simple or conservation easements) must be on lands and habitats approved by the County in System NRPAs. 10. The HPO will replace the Vegetative Removal/Agricultural Clearing Permit process in the ULDC. This does not negate any local, state, federal endangered species regulations or reviews which may have habitat or vegetation implications. ADDITIONAL WHEREAS'S WHEREAS, the importance of protecting many remaining native habitats is a function of past development which did not protect or preserve native habitats and, thus, has caused certain species or habitats to become endangered or threatened, WHEREAS, the benefits to be derived from protecting native habitats accrue to the public at large not simply to the property owner on whose land the habitat happens to exist, WHEREAS, all citizens and landowners in Collier County should share in the cost of protecting its native habitats when that protection has broad public benefits. DEFTNTIZONS Preservation Shall mean the maintenance or management of areas so that their desired natural or near-natural functions continue tin perpetuity to the degree that such is possible through on-site activities. "Conservation" and "Preservation" are defined. The word "protection" is used frequently. Should it also be defined? D 12 [1\ � EPT11B-March 31 , 1993 G. L. Beardsley 1 t is the intent of the Board of County Commissioners of Collier county, Florida(,) that this Ordinance implement and be consistent with the Collier County Growth Management Plan (GMP) and in particular the Conservation and Coastal Management Element (CCME) of the GMP. and the Coastal Zone Management Plan. • -30- • EPTRB-March 31 , 1993 G. 1. Beardsley SECTION 7 L OCRTI ON OF NRTI UE 11013ITRTS TO RE PRESERVED 4. All sites of any size, in any zoning district where-R4E-441-r-ar NRPU's Dune and Strand, Heric, Tropical Hardwood or Upland Hardwood Hammock habitats are present. SECTION H EREMPTIONS 1 . Single family or duplex use on a single lot or parcel less than one acre. EHemption does not apply to any parcel with Dune and Strand habitats, Heric, Tropical Hardwood or Upland Hardwood Hammock habitats are present. -2 ?- [PTAH-March 31 6, L. Beardsley SECTION 8 PRESERVATION AREA REQUIRED For real property meeting the thresholds provided in Section ?,- - minimum the Preservation Requirement of twenty-five percent (25%) of the native habitat(S), or when Dune and strand habitat is present '' ninety percent (9O%), or when Heric habitat is present eighty percent (SQ%), or when Tropical Harwood Hammock habitat is present eighty percent (80%), or when Upland Hardwood Hammock habitat is present seuenty-flue (75%) of the habitat, present on the site shall be placed in a Preservation Area. 3.2.8.4.7 (31. LDC , and shall be dedicated. or and the Preservation Area shall be conveyed by a perpetual conservation easement . . . EPTRB-March 31 , 1993 G. L. Beardsly SECTION 8 PRESERUOTl9N BRED REQUIRED F. Wetlands. jurisdictional agency, the County shall coordinate with those agencies with regard to the preservation of the upland and wetland areas. -30- [PTAH-March 31 , 1993 G. L. Beardsley SECTION 9 DEVELOPMENT REVIEW PROCEDURES B. Natiue Habitat Analysis. 4.(ADD) Completion of a Listed Species biological survey which shall follow the standards and criteria adopted by the FGFWFC, in their 'Wildlife Survey Methodology Guidelines' (1988). [PTAH-March 31 , 1993 G. L. Beardsley SECTION 11 NATIVE 1111111LAT ECOLOGICAL EVALUATION Relative Ecological Value Criteria Criterion 1 RARITY of habitat: HABITAT TYPE: Relative Ecological Value: 41-91-4-11-e4e-gferob-Heric Scrub, 500 Dune and Strand) -Tfoi4c414-144r-41444941-ilAffi+R4mE-6-11 Tropical Hardwood Hammocks, Upland Hardwood Hammocks. V —444ion4o.e4f— 430 14effitteet141&ntiftet4t- 100 Dry Prairie -51+ 100 Pine Flatwoods -54 100 Wetlands 25 - 54- 51?reetheart6, ��� CRAIG R.WO DWAR D MARK J.WOODWARD SHANNON W.ANDERSON ' ANTHONY P. JR� r, STEPHEN P. SEN* R. * * PIRES, . JOHN A. NOLD** J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL �.__yy�tt_��.pp 6p t ii �,pp'q �� L.Ii VIrdJ �'�EA til otWi8Je.t1 tuAl.i61:3 1 DATE: .,W. CY93 - I ACTION: ed.- ...--- - , March 29 , 1993 t Mr. William Lorenz VIA FAOkIM,ILE^ ____ Environmental Services Division ( 813) /74-9222 Collier County Courthouse Complex __ -_...-..- -,--- ---�---- •---- --- 3301 E. Tamiami Trail , Naples, Florida 33962 RE: Excused absence from March 29, 1993 EPTAB Meeting Dear Bill: I will be unable to attend today's EPTAB meeting due to a scheduling conflict. I therefore request an excused absence from said meeting. I thank you in advance for your consideration and cooperation with regards to this matter. cSincWA ere c t A hony * . Pires, Jr. APP/nls PLEASE RESPOND TO: 0 Marco Island Office 0 Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 ENVIRONh_ATAL POLICY TECHNICAL ADVIL—AY BOARD AGENDA DATE: March 29, 1993 PLACE: Collier Government Complex, Building H, 2nd Floor, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - March 15, 1993 IV. Old Business a. HPO Comments b. South Golden Gate Workshop - Dave Addison c. Aquifer Recharge Subcommittee Report V. New Business VI. Public Comments VII. Adjournment r COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E. TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES, FL 33962 (813) 732-2505 March 24, 1993 FAX(813) 774-9222 Dave Addison A CERTIFIED BLUE CHIP COMMUNITY The Conservancy 1450 Merrihue Dr. Naples, Florida 33942 RE: Habitat Protection Ordinance Dear Mr. Addison: Enclosed please find the March 24, 1993 DRAFT of the HPO. This DRAFT contains changes, in underline and strike out format, suggested by Bill Lorenz and the Natural Resources Department. Please carefully review the current DRAFT, and be prepared to discuss these and any other changes at the next scheduled EPTAB meeting on March 29, 1993 . Sincerely, Kevin H-:buclan,` Sr. Environmental Specialist KD:kd c: EPTAB File t3 .Lp2 -z V&AL" DATE: March `993 �v2 . ,7 • 41 /XL . for Application of Eagle Guidelines / • As a result of a suit against the Florida Game and Fresh Water Fish Commission (Commission), James Antista, the Commission's General Counsel, has recently informed me that Commission staff will not be discussing any eagle issues with private developers. According to Mr. Antista, a judge in Manatee County found that the Commission had "coercively taken" a developer's property by application of the federal Eagle Guidelines. The Commission is appealing the decision. According to Mr. Antista, until the case is resolved, Commission staff will direct all private developers with eagle questions to the U.S. Fish and Wildlife Service (FWS). However, even if a developer reaches an agreement with the FWS, Mr. Antista indicated that the Commission staff would not commit to concurrence with FWS in writing. Therefore, a developer has no certain protection against enforcement from the Commission even if he follows FWS's recommendations. Habitat Conservation Plan A developer has recently negotiated a Habitat Conservation Plan (HCP) for scrub jays with the FWS on a 24-acre site in Highlands County. An HCP, authorized under Section 10 of the federal Endangered Species Act, provides a vehicle for federal authorization for "incidental take" of a listed species by development. The only other route for such approval is a ' consultation with FWS in connection with a federal action, such as an U.S. Corps of Engineers dredge and fill permit. Until recently, HCPs have generally been approved on regional scale and have included commitments from local governments and numerous private property owners. It is my understanding from FWS staff that another HCP is currently being discussed for a private • development in northwest Florida. • • However, developers should be cautioned that even if an HCP is approved at the federal level, without a permit or other explicit "sign-off" from the Commission, the Commission may still enforce against the development at the State level. In fact, it is my understanding from • Brad Hartman, that the Highlands County project has been interrupted by the Commission • because construction commenced during the scrub jay nesting season. ENVO MENTAL S RVICES ROUTING 1 • ' DATE: ACTION: ... INFO: • _-- FILE: DRAFT: 3/22/93 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MARCH 15, 1993 Present: Glenn Simpson Nancy Payton Larry Richardson Robert Duane David Addison Gary Beardsley David Land Mike Davis David Maehr Excused Absence: Tony Pires; Steve Means Staff: Bill Lorenz Mac Hatcher Jennifer Staiger Fran Stallings Martha Howell Dick Hartwell Mercedes McCallen Public: Chris Straton Stuart Swanson Virginia Corkran Chris Ramsey 1. The minutes from March 1, 1993 were amended to indicate that there was a unanimous vote to see the HPO prior to sending it to the Planning Commission and approved as amended. 2 . Old Business: a) Camp Keais strand NRPA Subcommittee Time Table: Objectives to staff by 3/19/93 ; Meeting to review objectives and dates by 3/26/93 ; Discussion with full EPTAB on 3/29/93 ; Full EPTAB working draft presentation on 5/10/93 . Full EPTAB final draft 5/24/93 ; Tentative workshop with BCC on 5/26/93 - Needs to be finalized. NOTE: BCC Environmental Workshop 4/21/93 . Attendance was recommended. Transfer of Development Rights (TDR) presentation by Barbara Cacchione to BCC 3/23/93 (now March 30, 1993) . HPO comments should be submitted to staff by 3/29/93 . Virginia Corkran notified EPTAB that there was a public hearing at 9 : 00 a.m. , 3/22/93 regarding the South Golden Gate Subdivision Regulations. David Addison was requested to attend. 3 . New Business: Gary Beardsley presented copies of letters and memos to Commissioner Betty Matthews regarding the zoning of Golden Gate Estates. Martha Howell pointed out there is ongoing litigation and it shouldn't be discussed. The "Private Property Act of Florida" was then discussed. Dave Maehr suggested that if the BCC considered a resolution then this EPTAB should comment. Dave Maehr mentioned that any comments on the Draft Panther Study should be sent to Fran or Dennis Jordan prior to April 30, 1993 . Dick Hartwell requested comments on the Clam Bay Water Quality Ordinance. Chris Straton mentioned that the Pelican Marsh Mitigation Plan was coming before the EAB soon. EPTAB requested the Development Services present the project to them at the March 29, 1993 meeting and invite Westinghouse representatives. Martha Howell presented copies of the revised HPO and indicated that a ranking system was proposed. Comments are requested for the next meeting and any proposed changes should be typed. Adjournment motion was approved unanimously. Action Items 1. David Addison - South Golden Gate Workshop - March 22 , 1993 . NOTICE: Westinghouse has scheduled a tour presentation of their proposed mitigation on March 26, 1993 at 0900. Please contact Fred Reischl at 643-8471 or Susan Watts at 597-6061. Tour will meet at NE corner of US41 and Hickory Road (Old NCNB parking lot) . ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: W. Neil Dorrill, Count Manager D. FROM: William � Lorenz Jr. , P.E. , Administrator DATE: 18-Mar-1993 SUBJECT: Scheduling of Workshop for Natural Resources Protection Area Program (NRPA) The Board of County Commissioners indicated that they would hold a workshop in order to receive further input concerning whether or not the NRPA program will go forward. This workshop was agreed upon largely at the recommendation of the Environmental Policy and Technical Advisory Board (EPTAB) . I have been advised that EPTAB would like to schedule the workshop for Wednesday, May 26, 1993. I recommend that we schedule it on this date or as soon thereafter as possible. This matter is quite important in that establishment of the NRPA program will implement Goal 1, Objective 1. 3, and Policies 1.3 . 1, 1.3 .2, 1. 3. 3, and 1. 3.4 of the Growth Management Plan. Failure to meet this goal will seriously weaken our ability to present a good defense against the Department of Community Affairs lawsuit. WL:tt c: Fran Stallings, Ph.D. , Natural Resources Director EPTAB File 3); 1 fes: (24 z *3 JL( - 6)-71.44 .-41.� 14)41)414k, L-7L4 %cam v t 4zi FPT}1 B R2-;;L--e-c„°- EPrn6 wo-147 4-eir c J`Z(' arrr . -�- ," 14.104-0-7 A jx)r-Olt (1-e` r Mot-do- oa%Alkt* Ait .,;„ e_go °dc/WoldeP Kw,/L Fom/i2G.i.1GGt,ze,'i G�1•LI�,�A - 3301 East Tamiami Trail • Naples, Florida 33962-4977 " John C. Norris (813) 774-8097 • Fax(813) 774-3602 (3 District 1 C'EJS4 Michael J.Volpe District 2 Timothy J. Constantine March 18, 1993 District 3 Burt L.Saunders District 4 u r' +��JiJ$�i Bettye J. Matthews District 5 /DATE: _! 34,7/21,3 LC Ms. Shirley A. Taylor Financial Disclosure Coordinator Commission on Ethics _______ P.O. Box 6 Tallahassee, FL 32302-0006P . Dear Ms. Taylor: r -- This will acknowledge receipt of your letter of March 10, 1993, wherein you advise me that, based on your review of Ordinance 91-68 which created the Environmental Advisory Board, it is your opinion that the members are required to file an annual financial disclosure statement. As you have requested, I have enclosed a list of the names and addresses of the members of the Environmental Advisory Board. In addition, by copy of this letter, I am also contacting the staff coordinators for the Environmental Policy Technical Advisory Board and the Golden Gate Estates Citizens Advisory Committee and advising them that, after your review of the respective ordinances __that____the7 `members of_the these committees are no longer required to file an ",annual financial disclosure statement. Thank you very much for your attention to this matter and if I may be of assistance to you in the future, please advise. • Very tr 0.0 yours, I , lir Sue Filson, Administrative Assistant Board of County Commissioners SF Enclosure cc: Bill Lorenz, Environmental Services Administrator, w/o Sandy Taylor, Real Property Director, w/o enc. State of Florida „ nStephen N.Zack •- 7C+`. Chairman o; .p e. Bonnie J.Williams Comm iss�on on Eth acs °>n` Executive Director 4t,„-7.4*. Room 2105,The Capitol • P.O.Box 6 • Tallahassee,Florida 32302-0006 • (904)488-7864 March 10, 1993 cwED MAR 1 5 S93 Ms. Sue Filson - Administrative Assistant Board of County Commissioners Board of County Coi€;tlilssloners Collier County - 3301 Tamiami Trail East Naples, FL.33062 Dear:,Ms. Filson-: Thank you for responding to our questionnaire relative to updating the financial disclosure records for Collier County. As you are aware, Section 112.3145, Florida Statutes, requires even members of board that serve solely an advisory function to file financial disclosure if the boards have "land-planning, zoning, or natural resources responsibilities." Based on our review of the information submitted regarding' the Environmental Advisory Board, it appears that the Board has "naturalresources responsibilities" that would require its members to file financial disclosure statements annually. In order to place the names of Board members on the annual financial disclosure list prepared by our office, please provide the names of members serving as of December 31, 1992. Relative to the information submitted regarding the Environmental Policy Technical .Advisory Board and the Golden Gates Estates Citizens Advisory Committee, it appears that the Boards serve only in an advisory capacity to the Board of County Commissionersand do not have the land-planning or natural resources responsibilities contemplated by the financial disclosure law. Accordingly, ''members of the ` Boards are not subject to- filing financial disclosure statements annually. Please do not hesitate to call or write if you have any questions relative to our interpretation of the financial disclosure law. Sincerely, h( / Shirley A. Taylor 0 Financial Disclosure Coordinator - GFC+NAPLES P02 Oemments on HPO by Dave Maehr 3/16/63 Section 6 of the Habitat Protection Ordinance provides clear and compelling justification for scuttling the NRPA program and disbanding EPTAB. While a successful natural resources grogram would ultimately culminate in such actions (and EPTAB members would be overjoyed if this could happen) , I think these actions would be premature, and certainly are not the intent of the HPO. Habitat orotection as intended in the Ordinance, but not clearly written, is to save portions or vignettes of some of the County's native habitats on an individual development basis. it is impossible for this approach to "eliminate the potential for negative environmental impacts. . . ". It must be emphasized in the 1st sentences of this section that the HPO is not intended to "eliminate" negative environmental impacts Countywide, but is one of several mechanisms availab.e to the Government of Collier County to maintain high environmental standards and protect our citizens" well -being through protection of relatively small segments of native vegetation and their associated wildlife. It would be too easy for those so inclined to accept this Ordnance as the end-ail in County habitat protection if significant edits are not made here. i suggest rewriting the first paragraph as follows: - "This Ordinance establishes standards intended for protecting habitat values on individual developments within the County. These standards are a part of an integrated management program to reduce negative environmental impacts to native habitats and wildlife from specified land uses and activities." My intent is to pursue the support of EPTAB in insisting changes that will eliminate the ambiguity in this part of the document . _ � Akkm, 6 pursuant to a Conservation and Coastal Management Element of the Colli County Growth Management Plan; Article VIII, Seo. 1(f) , F orida Constitution; Section 125.01, et seq. , Florida Statute ; Section 163 .3177, Florida Statutes; Section 163.317$, Florida Statutes; Section 163.3202, Florida Statutes; Rule 97-5.01• , Florida Administrative Code; Rule 9J-5. 013, Florida Administ ative Code; and other such laws, rules, regulations or orders as •rovided in the statutory and common law of the State of Florida. _ '� 5 4,1)---0 res'""" V RECTIM 4 PURPOSE ARID INTENT ` • __s;`.; • In order to protect Collier County's native habitats an. wildlife, this Ordinance establishes County-wide habitat protection standards. These standards to reduce or eliminate the potential for negative environmental impacts to native habitats and wildlife from specified land uses and activities. The purpose of this Ordinance is to manage and conserve the native habitats and associated species in Collier County, through the identification, evaluation, protection, conservation, and appropriate use of native vegetative communities and wildlife habitats. The purpose of this Ordinance is to establish standards, regulations and procedures for the review and approval of proposed development within Collier County such that implementation of this Ordinance will provide for the long term protection of the county's native habitats and wildlife. These standards, regulations and procedures shall be implemented to preserve and protect and appropriately manage the native habitats r tot V f; )(-.'? . . _ / -(1,c'`, �`2„`. S ENVIR' ENTAL POLICY TECHNICAL AI"—` JRY BOARD AGENDA DATE: March 15, 1993 PLACE: Collier Government Complex, Building H, 3rd Floor, Conference Room C TIME: 4:00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - March 1, 1993 IV. Old Business a. Tony Pires draft letter to County Attorney's Office about HPO. b. Aquifer Recharge Report V. New Business a. The Bettye Matthews letter. b. The Clam Bay Water Quality Protection Ordinance. c. The Private Property Rights Act of Florida. VI. Public Comments VII. Adjournment ` MAR-14-93 SUN 6 :41 F .. ri i AX� \ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIE `N DRIVE • TALLAHASSEE , FLORIDA 32399 - 21 00 Gary L Beardsley. LAWTON CHILES 13th Street orth LINDA LOOMIS SHELLEY Neplbf.FL 33944 `Secretary Governor 1°40jrre 019 March 11. , 1993 fle4t9e previe Ie" itr Mr. Gary Lee. Beardsleyerhgotkimiso. 2396 13th Street, North Naples, Florida 33940 )J RE: Land Development Regulation Challenge Case No. LC-93-F-01 Dear Mr. Beardsley: Thank you for your letter of January 13 , 1993 , in which you express concerns that Collier County may not have adopted certain land development regulations in accord< n,:e with section 163 . 3202 , Florida Statutes (F.S . ) , and Rule Chapter 9J--24 , Florida Administrative Code (F.A.C. ) . The Department has determined that it has reasonable grounds to believe. the County has completely failed to adopt one or more of the required land development regulations for certain of the objectives and policies set forth in your letter and has initiated actions pursuant to Rule 9J-24 . 004 , F.A. C. A copy of the Department's letter to Chairman Burt Saunders is enclosed. Only those objectives and policies requiring land development regulations were identified. Objectives and policies that d__rested studies , programs, or activities which are self-executing or are implemented by mechanisms other than land development regulations were not identified. The County has 30 days to either submit to the Department copies cf all pertinent adopted land development regulations or to submit a schedule for adoption of missing regulations within a 120-day period . If regulations are submitted , the Department has 30 days to review these regulations to determine whether they meet the requirements of Rule 9J-24 .003 , F.A. C. You and the County will be notified of the Department's determination immediately after this review. The enclosed letter to the County provides a more detailed description of this rcvicw proem . EMERGENCY MANAGEMENT. • HOUSING: ANI)COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT MAR- 14-93 SUN 6 :42 P. 02 Mr. Gary Lee Beardsley March 11 , 1993 Page Two Thank you fo bringing this matter to o_ir attention. If you have any questions, please call Tony Arrant at. (904) 483-9210. Sincerely, P-;- ' -. Robert Pennock, Chief Bureau of local Planning RP/rw Enclosure cc: Stan Litsinger, Director Growth Management Department Ms. Stephanie M. Callahan Assistant General Counsel , DCA MAP-14-93 SUN 6 :42 P• 03 7' • • /47 r i w •I t". IATA ` t r . .'7..;,1..��'..'�� 'F5� n. t • 1 (/x//11 �/.1 Wu � A,,e yP l �'�1;cq,?Rw1 s`,.r'P STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CEN1 ERV ! EW U'RIVE • 1 ALLAHASSEE , FLORIDA 32199 - 2100 LINDA LOOMIS SHEI I Er LAWTON CH1iFS IIIIIIIINIIIIIIIII■ Governor Secretary March 11 , 1993 The Honorable Eurt Saunders Chairman, Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, Florida 33962-4977 RE: Land Deve2opr..ent Regulation Challenge Case No . LC-93-F-01 Dear Chairman Saunders: The Department of Community Affairs has received correspondence from Gary Lee Beardsley asserting that the County has failed to adept certain land development regulations pursuant to section 163 . 32: 2 , Florida Statutes (F. S. ) . Mr. Beardsley has requested that. the Department review this matter and take action necessary to ensure the adoption of the required land development regulations. A copy of Mr. Beardsley' s letter (including attachments) is enclosed. Pursuant to section 163 . 3202 (1) , F.S. , within one year after submission of its revised comprehensive plan for review by DCA, each local goverment is required to adopt or amend and enforce land development regulations that are consistent with and implement the adopted comprehensive plan. Since the submission date for Collier County' s plan (as established in Rule Chapter 9J-12 , Florida Administrative Code) was August 1 , 1988 , the County' s land development regulations would need to have been adopted on or. before August 1, 1989 . Under the provisions of Rule 9J-24 . 004 ( 1) , Florida Administrative Code, (F.A.C. ) , the Department cannot require the County to submit land development regulations for review unless it has reasonable grounds to believe the County has completely failed to adopt one or more of the regulations required by section 163 . 3202 , F.S. Based upon information provided by EMERGENCY MANAGEMEN1 • HOUSING AND COMMUNITY DEVELOPMENT u td ;OI.URCE MANNING AND MANAGEMENT . MAR-14-93 SUN 6 :44 Chairman Burt Saunders March 11 , 1993 Page Two Mr. Beardsley , the Department does have reasonable grounds to bel: eve_ that Collier Cc,unt.y,has completely failed to adopt ore or more of the required ' and development regulations addressing the following objeoti�- es and policies of the oonprehensive plan. Objectives: 6 . 1, 11. 6 ; Policies: 6 . 1 . 2 , 6 . 1 . 3 , 6. 1.4 , 6 . 6 . 2 , 11. 6 . 1 The Department also recognizes that ;policy 6 . 1 . 1 requires land development regulations to be adopted. Since this policy is already the subject of failure to adopt proceedings, the Department will pursue the failure to adopt land development regulations through the initial proceedings as identified in the Department' s february 8 , 1993 , letter from Se:retar'y Shelley to (former) C'hairran Volpe. • If the County maintains that it has adopted the appropriate land development regulations, please transmit two copies of the pertinent lard development regulations that have been adopted, including regulations of other agencies if incorporated into the local government' s development approval system, to the Chief, Bureau of Local Planning, Department of Community. Affairs, 2740 Centerview Drioe, Tallahassee, Florida 32399-2100, within 30 calendar days from receipt of this letter, pursuant to Rule 9J-24 . 004 (3) , F . A.C. The land development regulations submitted must include copies of any separate adopting or enabling legislation. All copies of regulations and legislation must be certified as true and correct copies of the originals by the County Clerk, - • If the County agrees that it has not adopted the required land development regulations, it shall send a letter to the Chief, Bureau of Local Planning, at the address above , within 30 calendar days indicating that the regulations have not w en adopted. The letter shall state what actions the County has already taken to develop and adopt the required regulations and shall include a s-- chedule approved by formal action of the County Commission for adoption of the required regulations within 120 calendar days from receipt of the Department' s initial letter requesting copies of the regulations, unless the Departmient agrees to refrain from taking further action for an additional period of tine during the 120-day period. If the County does not provide the Department with copies of the requested lard development regulations or a letter with an approved schedule stating the local government will adopt the regulations within the 120 days agreed to by the Department, MAR-14-93 SUN 6 :45 P. 05 Chairman Burt Saunders March 11 , 1993 Page Three • action will k. . initiated in circuit court to z ege j-re submission of the regulations or adoption if they have not been adopted. The Department will also institute such an act.13fl if the County fails to adopt the regulation in accordance with the provided schedule. The Departrent shall then have 30 calendar days from receipt of the County's land development regulations to determine whether it has completely failed to adopt the regulations required by section 163 . 3202 (2) , F.S. This review will be for the sole purpose of determining whether or not the required regulations have been adopted, and will not address the consistency of the regulations with the plan. If you _h v'e any questions regarding this ,-atter, please call Tony Arrant at (904) 438-9210. Sincerely, (12 goirot Robert Pennock, Chief Bureau of Local. Planning RP/rw Enclosure cc: Stan Litsinger, Director Growth Yanagement Department Mr. Gary Lee Beardsley - Ms. Stephanie M. Callahan Assistant General Counsel, DCA ITASERVICES RRN.% 0N r MEMORANDUM iNFO: Date: March 9, 1993 0. y To: Bill Lorenz From: David Land r Subject: Input from EPTAB on Pilot NRPA ANAGE;/IEE. T cc: EPTAB Members Please distribute this to the other EPTAB members as permissible. As we develop a framework by which County staff will assemble the data necessary to support the justification of the Camp Keais Strand as an NRPA, our subcommittee would appreciate some input from the EPTAB members as quickly as possible, ideally by Friday morning, March 12. Specifically, what critical environmental functions or objectives are you aware of in the Camp Keais Strand area that would warrant its being designated an NRPA? Be as specific as possible. Simply saying "wetlands protection" is not sufficient. That is our objective for viable wetlands everywhere in the country. Examples for Camp Keais might be: 1. The Strand is a panther corridor. Thus, it should ideally never be narrower than X feet and sufficient cover should be available for its entire length with breaks of no more than Y feet. (If you only knew of its value as a corridor but not the details of width or cover, that would have been okay.) 2. A public well field exists just west of the Strand and major agriculture exists on both sides of it. Thus, existing pumpage should be sustainable, and future expansions in pumpage should not hurt existing users. 3. As more residential growth occurs in the County, the potential for property damage and loss of life from fires greatly increases. Thus, can the Strand be part of a County-wide network which reduces the likelihood of fires from one area moving to another? 4. At full buildout sometime next century, we want the County to have green spaces or green belts between urban development. An ideal green belt would be at least M distance wide with N visual characteristics along or bisecting major roads. Is the Strand suitable for this? Input from EPTAB on Pilot NRPA March 9, 1993 Page 2 5. A, B, and C habitats are known to exist in the Strand. They are all viable and sustainable in their current sizes and configurations. Over half of these habitats have already been lost in the County. Of the remaining amount, virtually none is found on current public lands or those proposed for acquisition. Thus, it is important to protect these habitats. Anything you can provide would be helpful. O'gilt1r" TROP,_AL ENVIRONMENTAL CONSULTANTS 23`)e 13th titre rt.North 4111J' . Naples,Fl.,r:tL I VW l ('1,,m�•& Kix (Al i) _'[i3-:x;77 A r-P6,10p/F-16 FHCSIMILE •( Feu ) #: t ten i : 17 -. 71 / ?'fr1 0-sfiiii2f,4A ten t iu�r. or 46/0 TIME SENT: f3/4 prs.4 PM z.. 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(1;4 i2iovr)1; 4: boll ) 0frici' l';',=4/t4A1 Mirbi--tvie74 , ( (go' i, , 4/,6j: ' lrIo 14 i ?phi/Lp. ., ,110 ,' / . „te7-64 , ,- 470‹ ilm,,/,/ ,.2 . ; -1 i/i/T . ,./,-)., ,„idi,i..„ , i) t- -, /, , ,,e, .J.„,p,. .„„,.., , ,,,, , ._.,... .. .. , Oi'it (39-* /1:4. %9'°Ptki e il tJ '7 ,q/91,,, 7r(/ c ! 1wiJ I1/21(7eileg ii . ,.),i (0 py ()04 /-0) . e A ) ,pyi, , . pl)(ries ))),,,c,1 ,.)c.) ezi.._ya i (9 ) Ne O a,t/d Z42 %1 '2rtci olccj if 7 ai el3e4 heleiv. e7/7/4 .' t; 4,ir, i4'tPe /`L ( :14vAcel)� " 4' '' Note--Please contact us 6g Otoue (813-263-007?) if this FOR transmission Is aot complete or roper receln iiye Wildlife Cortla Pt testing Natural Pat.._ rays II ,:r, •r y One of the most nccitirx3 ca xxpls in the field ofconservation today is the protection e eof-wildlife cornckxs"which link.ands between large publicly-owned conservation , areas into a system of connected wildlife habitat.In Palm Beach County,a network of _ wildlife corms is planned that v atrld connect every major conservation area:n Palm Beach i and Martin counties with the Everglades. 7 ....._„..._,....:4.:.:.,1„...43_ Wildlife Corridors Ord 't, in Palm Beach County Tie four possible wildlife corridors in ' ;1 , rte` l Palm Beach Countyare i flustrated on the t , y opposite side of this poster, The ,r �© , illir ploteclion of these corridors would < ' : +,a, ' connect the entire Loxahatchee River 0 ....." " system from the headwaters of the Wildlife Corridors fribh Loxahatchee Slough through the loxahatchee National Wild and Scenic r1tl1� Public , Credttion rbe RnrerintoJonathanDickinsonStatePark Wildlife corridors, also provide .� The corridors also would connect the t51•'+IrlinoIN redticl oloprxxlcnities. .`y bi.® • ► A,. . other majorIc g-di::ante nikiil,q trails can be „` ; ;f;;�� public conservation areas • .,,e..-;,.- _ 0;i in the region - the West Palm Beach €•`r_�.Ist,e;l tl vet Would allow people ' - .-. Water Catchment Area,the Palm Beach [o hi'(:-liriul theA.tlar it lc Ocean west to y �► .: y County Airport Preserves and the J.W. Lake Oiceed roUce and south into the la 7 The Need for Corbett Wildlife Management Area - E•:=;r�?;Hies. These flail, would allow 7 with privately established preserves at I likzrs top-cs t#Irou9ll all of themajor,, Wildlife Corridors eco.,)yte.rris in rhe County • tropical Ibis landing and Pratt&Whitney. 3 # Wildlife corridors provide habitat fa ha•dvoodhanimot;lrspirieflcitwoods, ep wildlife anti;eve as pat!sways`or therm J.W. Pal-Mar Jonathan sc'tro,ort rxairies,oak harm locks and Opportunities for to move freely between conservation Corbett Acquisition •Dickinson cypress swamps, ;7E areas. Even the largest parks and WM.A. Area State Park r►alI,:e photographybad watching, as preserves, it not connected to otherscier,iifrc study, environmental wildlife habi ar,are not lame erbugi tokr.-2education, horseback riding, long 76 protect viable ( diste nce canoe trails from the 7 pop'u4ati xis of ccrta'n j h ct i rte:s of the loxahatchee River, � 'prcspecies.Many animals need lx3e tracts of rand to forage to focrJ, find mates �1... r and e'q?loration would be enhanced OF and breedinr;areas,reduce corroe:ition by the Cue soar of wildlife ccxr,dcus. 6. and find suitable re;i;e -�' *.: ' ' ,_tr ' ,-. a Anima!pop:ire oris l^srnallapreserreq n:oy be able to 5:.r', ie.�i gyp. anly,bur • ' ...4•47' ✓'M' ' ti.'. ����////// • 4.t S,i'':Y Y�+. IIIA 1' • r�.;l u1flm2tev be cut off from nlrle t -' i y',�,..4tr�","l 'ri t'' i 1 L populatiors r It;;de their prese,Je "&any • rr +S { `.l species of�n'r.C.i:2 fi Jy not dG 2 to .. • ". r f npi t. C SLriw2 in orpt2_'e:J fire°el'+r'S over the ,, f long term I the:e a:ears become 1u !� !ra3mented.rid;seated I:1've animal 5pec!es sacn as bobcats, foxes and eye 0 otters may be replaced by more v ' common or alien species-such as.`eral What You Can Do To Help piss,amtadillosandraccoons-if wildlife �� corridors are not protecte•d. • Funds for acquiring the majority of these wildlife c..orridorsare available through the r e ��Home flanges Requ• ired County's 1991 $100 million bond issue to acquire crrvironrr�entally sensitive lands. Ce � The Palm Beach County Department of Environmental Resources Management by Selected Animals ! (ERM)is applying for additional'state funds to acquire Corridors 1 and 4 and is ( Florida Panther 1`0 000 acres I working cooperation with Martin County clod the State to acquire Corridor 3. Florida Black Fear 55,t}00 acres i Planning for the protection of Corridor 4 las not yet begun. Protection of this 17 • require the cooperation of many local state and federal government C Bobcat 5,0(X)acres rf om will 1 Otter 3,000 acre' agencies.Once these sites are acquired,ERM will work with citizen volunteers to �i Mirk 1,l}')4 acres I renter trash and non-native vegetation end'o maintain these areas in optimal t __ _ _ .JJ condition for wildlife use and public recreratiort.If you would like to participate in t �, �+ ,_.. — � these efforts to protect Palm Beach County's rich wi:dlife and o ctdoor recreation ;.1 heritage,please call 355 4011, rI/ � e E 1,...2,)-/-� Palm Beach County Department of Environmental Resources Management i 0. P )h A Not Kr0, r fort A NA N �? ra fof16_Q � E o %., I-' . 4a o t. kt is r", _...-h-Cl ••• •.. 4 44 7L X ~•�)•'•yy •. y[S �:I/��T 7±:1.�?';:'��6•'ii 1 'r.:.• .t _�._i <`1..:ye'�J < �} t4. `��y.'' .,. .r; ,K.f,. ,,ik.' ! {t ;4 M''f 'S h..,r,.•s.,• r ,sir t- ?.1 e a rr Xs; ' �7,, . j17da f .4.::':-...'.;‘, rLt+.' ' ' .. 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Y 4K.t M y, _� ...1 t a ' O : .S fa IA A .. \ 24A THE MIAMI HERALD, THURSDAY, MARCH 4, 1993r;"t • Mie tiaini Herald . ►1► ; JOHN S.KNIGHT(1894.1981) JAMES L.KNIGHT(1909.1991) DAVID LAWRENCE JR.,Publisher and Chairman ROBERTO SUAREZ JIM HAMPTON DOUGLAS C.CLIFTON President Editor Executive Editor MARTHA MUSGROVE and TONY PROSCIO PETITZELEditor . 'ate • • -- Wrongingtwo ri hrights WHICH SHOULD be guarded . - more zealously: private property 'PROPERTY' BILL DOES IT or the public treasury?Floridians have never liked such choices; they relish and the landowner is entitled to compensa- low taxes as well as their "high quality of tion.The property rights bill,introduced by life"communities. The 1985 Growth Man- Rep. Bert J. Harris, D-Lake Placid, and agement Act offered a way through plan- Sen. William "Doc" Myers,R-Hobe Sound, ning, protective regulation, and catch-up lowers that threshold to 40 percent of the spending on roads, schools,and other infra- value that existed in 1985. structure to ensure both. •The bill prohibits any bartering of devel- But that act today is under attack in the opment permits — the preservation of 10 Legislature. Pending are bills proposing toacres of wetlands for higher density zoning abandon rules that roads, schools, parks on 100 acres, for example. And it effectu- and the like must be provided concurrently ally guts planning,zoning,and environmen- with development, to abolish or emasculate tal preservation laws. Lawmakers may as regional planning councils, to weaken the well order a direct transfer of the public authority of the Department of Community treasury to the state's largest land specula- Affairs to require that local plans mesh with tors. each other and the state's,and to forgo the The bill provides one escape hatch: preservation of wetlands. rescission. And that's apparently.its point, None of the bills is more mischievous or to prevent implementation of laws that this fiscally foolish than the "Private Property bill's supporters don't have the votes or Rights Act," to be considered today by the " public support to repeal outright. House Judiciary Committee.Under current There may be better ways to steal Flori- law a government regulation that deprives da's natural heritage and to wreak havoc on a landowner of all use of his land constitutes its communities, but it's awfully hard to a "taking." That's akin to condemnation, think of a slicker one. MAR- 3-93 WED 9 :06 AguilLI =1-3thFialrydegen,--91 051145P0( r 'tf e (--?n.11 113-103 CONSUL] ANIS ttivir` iln9 (i, if, yt ic, 1396 114, Hv..1 \,,itk e./40t, mir ,, 4101" Nark), Hot.,i1 3 S')1C Phonc FACSIMILE (mFam” #: ...... , . 002oaOcro: - - ,(3Me 4'4 (7". eil -CiV.)if 14 e / , • ) ., 1/04. TIME SENT:(Y25---- ../ , I. _I/ ..„....,.. Number of pages Famed - =11111111111111111111111111111111111111111111111111111011E TOPIC OF FilifillOCUMENT: izferlyr),,/,./c dwi E = =1111111111111111HIIIMMH11111111MMI1111111111111= Comments of SENDER: -iff) , _ 1 . . •, Aii ..., , ,), 1---;,e1 2iire ,(4(ifin 1 J , , . ...1. 1 i . 41 t t 4 A /If 4 e) JA1 ,14'."' )1 a 1 I"../1.1e/ 41111(,) 1 i • • ., ,...„As i .0 , ' • ) ,,,,f2 (0) (fi,-id i if t1( 141 741 ...,, ' (i7 erf , .., A , „ , / ----,, . 3Y 1 If '' 1)0 t- , inelday to. T-4-} e:::;5.1 124" 4 r Iiii":"-)1111V,t,f,- /1 , . 7-- /142'1,fie.'4' ..4" ..?l 11)--"7•er. (41 , ._,... . , I. I / ,.._ - r 1 j i Or t / y_•.• - ) 1,1 iii. . I: (14 4' . "i • / r r '' I /;41› 11 6,". " 4,141( /7,/j !, / .- . ' 'I 1 l• " ' / ..- • f , 1 • . 1 . ,i-e eleIfyitei! , , ..,, . -- e ' , 1/2 6 V? ,.r ../41 ‘4edibee/7" l 1 4 . - :,' / (,) ' ti WI , Ile 41, ..1/,' /i qc:#/gi. e::;?:^4fre/kt;;;f '". ' 4 4)17 Acqe? ,/,'..)(-4 g,-Joa) .. n ,ee:glieo. e„no / Avavit ciiiii i //Apo i ° he Note-41lease contact us bg hone (1113-2‘3-0071) if this FA ' transmission is not completee\ar properly r,eceixted. . i '..I ., _..... Dr( : •i ! 41111111 , I pi) _ 671-114 LLILP211 TROPICAL ENVIRONMENTAL MAR CONSULTANTS 4 igol 2396 I3d) SER:t., North f5 - ett/I- NA-a-WU:L. dE.sOURCES 4131 N,Iples. Fon,fii 1 N4c) ['honk. ; MANAGEMENT A 1: FHCSIMILE Cg aME ( FPa'"""..m. e) #: 000OW: /7t) 4 , 6 1, e4) 0 t7,) 7'ict „ . ".;,,v. P`,, •,A liil''. 1 : or 61"" • TIME SENT: Iiii ti',- --- Hrs. 1 +1)IPM Number of pages Famed - ::-Jiiiiiniiiiiiiiiiiiiiimilimmiiiiiiiiiiiiiiiiiiiiiizz TOPIC OF F1111/11OCIIMENT: Comments of SENDER: t„.12 =1111 11111111111111M111111111111111111111iIIIIIIIIIIIIE "I r ) / . ) j k--- / /iit...i''1/g /'.. 4/. / , Z ?. 1 41,- 1; 6' 1/2 1 › /i 1 3 , 1 i4 , c/ 61 714i-f ) , . . A r#.‘ AA , ,, ) : ;1 1''''''''1,II r"'/:i i 7 3/i 1:1 0 0 e'vizit Pc, ,, ,,1 ,,„ ,,,,,i, .,,... . 1 , ,st ,,,„,.,, ,,, i'le'le i),,• '.1 , “„ ,, A' )II ) / ."'' 7 ) /ndCair (fr''' .- 6 heicl iliy/ /Allsif Ar e eK1 k ,...., 4 b/11 (7;,:- ''' /4'''. • 17/1/,hil ii e /':4)7 //1)1 cl ell II .. rn'te..... 1//‘fer*rel /7.2";j:WC-: i ... / - ,-7 r-r• .- (- r / . -) / i/P t111171 ,ilil/ive#5 )&k.i"' .i'; 1'Y.::• 1 ) i 197 6.lity1;477(::,.!?: /4.,4'5 ir .4)6*-//2 1 2 / A‘b-l2(/4— f, "/ .14- 67/)'r. 10.1. /,.. il ( ofel -fi ) v.,, ,?_1: - ,,,,, 1 ), J". ' i. .' 4' .j' ;271.(7.,4e.:?",;i.4 •••-'' 1 er e2 . e, et / H04i4... ., - ..- .K 1 (//-;,--,z- t eftele I(7 i44)) 7 'Note-Please contact us by phone 13-26 -, if this F transmission is not complete or properly received. DRAFT: 3/2/93 APPROVED: 3/15/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF MARCH 1, 1993 Present: Glenn Simpson Nancy Payton Larry Richardson Robert Duane David Addison Gary Beardsley Tony Pires David Land Mike Davis Excused Absence:David Maehr Steve Means Staff: Bill Lorenz Mac Hatcher Maura Kraus Fran Stallings Martha Howell Stewart Swanson Dick Hartwell Mercedes McCallen Public: Chris Straton Mary Goeckeler Franklin Adams Ben Vanderford Martha Gordon 1. Gary Beardsley mentioned several deficiencies with the minutes of February 8, 1993 meeting. First, add to the sixth paragraph under Old Business, "that Glenn Simpson requested that Martha Howell research the EPTAB Ordinance for legal interpretation concerning EPTAB role. " Second, under Action Items, second item, Mr. Beardsley asked that this item read that "Bill Lorenz was to develop a history of EPTAB and send this to David Land and Gary Beardsley for review. This history will be used by Dave Maehr for the League of Women Voters presentation" . The February 8th, minutes were approved with corrections. 2 . Old Business: a) Glenn Simpson presented a summary of his meeting with Commissioner Tim Constantine. Mr. Simpson stated that Commissioner Constantine was not in favor of Belle Meade area becoming a preserve. Commissioner Constantine still felt that Collier County had enough land in preservation. Mr. Simpson stressed that the identification of a NRPA must be well documented and be justifiable with support documents before Commissioner Constantine would consider approval of the project. David Land next summarized his meeting with Commissioner Bettye Matthews. Mr. Land stated that Commissioner Matthews seemed open to the NRPA consent now, but her earlier concept of NRPAs was due to the fact that she believed that a list of NRPAs had already been submitted and were being approved without any justification given for their approval. Commissioner Matthews asked staff to come back with a list of NRPAs showing what State or Federal protection mechanisms were already in place on these NRPAs. She stated that she would like to have a workshop and that one NRPA be selected with complete details relating to the boundary of the NRPA as well as what objectives are not being met by other regulatory agencies. Commissioner Matthews requested that EPTAB present this workshop. Mike Davis, who was present for both meetings concurred with Mr. Simpson and Mr. Land on both Commissioners responses during their meetings. EPTAB selected the Camp Keais area for the NRPA workshop. Camp Keais area extends south of Lake Trafford to the northern boundary of the region known as Catherine Island. NRD staff will do the background work on Camp Keais and EPTAB will present workshop for the Commissioners. Glenn Simpson stated the Camp Keais area has only three land owners who are all willing sellers. Glenn Simpson suggested that a subcommittee be selected by EPTAB to work with staff on documenting the Camp Keais area. Gary Beardsley suggested that a mini-poll with a list of potential NRPAs be submitted to the Board and let them pick their choice for a NRPA. Glenn Simpson stated that the Camp Keais area would be easier project for the Commissioners to focus on because of its proximity to the Collier County Government. Motion to choose Camp Keais as demonstration NRPA passed unanimously Motion to select a subcommittee to work on NRPA development was approved with one opposing vote. Mike Davis selected the EPTAB subcommittee. Members of this committee are Dave Maehr, Glenn Simpson and David Land. Next, time schedule was discussed with the following dates selected: EPTAB Meetings: March 15, 1993 March 29, 1993 April 12 , 1993 April 26, 1993 May 10, 1993 - Staff present working draft of NRPA to EPTAB May 24, 1993 - Final report to be used for presentation by EPTAB May 26, 1993 - Workshop with County Commissioners Motion to set the target NRPA dates passed with one opposing vote. b) Aquifer Recharge Report: Report postpone until March 15, 1993 EPTAB Meeting. c) Staff report on NRPA costs: Postpone because of Board decision to delay NRPA process. d) Clam Bay Water Quality Ordinance: Gary Beardsley had concerns about the possibility of opening outer Clam Bay to boaters to the south. Fran Stallings explained that this was not the intent of the Ordinance. The Ordinance was to prevent further degradation to the area. Gary Beardsley requested that EPTAB review this ordinance again for language that might degrade Clam Bay. Fran Stallings said that the Ordinance will be put on the "mailing list" this week and will be available for all members. 3 . New Business: Bill Lorenz explained to EPTAB about the DCA letter to the Board. Gary Beardsley gave a presentation on the history of the Conservation and Coastal Zone element of the Comp Plan. EPTAB wants to review the HPO before this Ordinance is processed further. EPTAB unanimously voted to review HPO prior to taking it to the Planning Commission. 4 . Public Comments: Chris Straton told EPTAB that EAB will review the Pelican March Mitigation Bank proposal on March 3rd. Glenn Simpson stated that this policy should come to EPTAB for review. 5. The next meeting is scheduled for March 15, 1993 - 4 : 00 p.m. , Building H, 3rd Floor, Conference Room C. 6. Meeting was adjourned Action Items 1. Tony Pires to draft letter to County Attorney requesting to review HPO. 7-4 B MarcV, ! \ Q� �� //i//XC i�1Ctrth( wet( — Co �rf f H-cr4 , "S 4C-9, M = oecl<e/- (',►a-n Shane. f t 1 F . /V/ i(e‘24( ) . v.-41, ;Le," C;y4,0, 0144°FieOmPel-- D an k o /f oo l s o ry - t 'rA C3 ENVIRONML_r'TAL POLICY TECHNICAL ADVIS,..;Y BOARD AGENDA DATE: March 1, 1993 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes February 8, 1993 IV. Old Business a. NRPA Subcommittee Report b. Aquifer Recharge Report c. Staff Report on NRPA Costs V. New Business VI. Public Comments VII . Adjournment ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Neil Dorrill , County Manager FROM: William D. Lorenz Jr. , PE. , Administrator Environmental Services Division DATE: 1-Mar-1993 SUBJECT: EPTAB Evaluation The Environmental Protection Technical Advisory Board was created by the BCC pursuant to Ordinance 91-26 in March 1991. Its stated function is to advise the BCC on the preservation of natural resources and on developing the purpose, intent, and criteria of all Collier County ordinances, policies, programs and other initiatives dealing with natural resources. It also serves as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County's environmental resources management program as stated in Policy 1. 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan. EPTAB is quite active meeting twice (2) per month in meetings averaging two (2) hours in length. Sub-committees are commonly formed to work on specific topics. A major effort by EPTAB has been the identification of areas for consideration as Natural Resource Protection Areas. EPTAB serves a valuable purpose in suggesting policy to the BCC since members represent both the environmental and development communities. Staff tries to use EPTAB's consensus in recommending the nature and extent of proposed environmental regulations. Developing a consensus with the eleven member board, however, is time consuming. On balance, however, EPTAB serves a positive role in shaping the County's environmental protection program. WDL:pc c: Fran Stallings, Ph. D. , Natural Resources Director EPTAB members CDn 'tiwcn.,.0'`Y� m now co 00C _ CD oo. n (AGc OCD o y w y = ci b �00 g0 a>,- o. oC700 `.cyoCDD ,�. O O � c p oam CD CD �.`c cn o o �] z r*w o �O �� c rn 'v .O N Y0. o n0,0a' -0n D 0`dn o0a-. oCD • f�NOc � coa r ' 4 114111 " = CCD w , n 0`C o Q -. w 0.0 �/ 6-- n7,-, 0 0 CD 0 ?rOaQ ��o ° � 5 0•w y ,c cm 2 .0 a) nt3 0 (1) 5. o-to c'`C o C0. (. 0 0 w 0 y 0 3 eD w '� 0 n Cm CD 0 0°C 0 -CCD G C 0 CD CD r. ,CD 0 � �na r, � CD o a., o•o h CD°ter: _3 CDD• O"oCD�CCDD Cog CD Z —I 00 -: "SCD - �NND �y G () n n) (D °'`c x �'u o-• _o CSD i' CD -. CCA D y A, m Al ti co O C w Cr O C COIF O _. ,.-o cD ,_" O (D _' A3 (D (�•71� (n 0 0oOyuOrg'O O .- O 1o O a, r+ O CDo`DooEnn 000 (ThO = CD /�Tj 0 - •wf w O_O."� O CD � O w O O O . O co"' r} _Q CD O rii "'�' con ' .`d cn � `n' C7 '4 w 0 ymOym >lalo cn o o 0 C7 rh CD N o CD O =3.• X00'Go < r'0o .05. W co CSD o•CD�c w T ci 0 O < CRX ~ • Dow° C , = O �. t-1- - 0 tv �' 0 0o cc ag w CDgy = Ma cc co G o .-. 0-' 0 Q C CDCD t 5 p_.c() g o.0 r, F),_.-: - r+ p n �. c 0� a"w n, „ O Q =. O "ac w o CD -s' B 0 m TJ�' r+ OP. CD u) '�0_0 0 5v, C 3 N b ° wCD w0 Q B CY a) �■ e MI o, ,0�=co �, 'f n A) o CD = 5. 0 • cdoa2) c,d . O ``G CM O O y co d cD_ ccn 7:5 a CD• cm ,g0 0, 48OOQ Q 3 C o " E. O D., ‹0fD o. CD O 2 C U CD ^ 0 ° 5 n < .-1 "1 Cr G 5-o o O , A (D O 0 ,_ O. O0 p,. O _C CD rn - _y C. vcm - cD co , O...oy c)� ` , ID o•o--,o o �' a g..-11 y, pc, 0 0 0 ?: ° 0 �m °j O o��CI V•51 M n CS�0 0 0 CDO o o CD O0. CyD < ° M 4. CD 0 O .-.[D - CD r, 0 " 0 lD En w .1°CD�0 � ' oCD o o•yao� vcD,�coc a,w vo 0 e•.(D 0 �' yCD 'b 5.-, .O fD O 0 t'��.' c cD O`c O U'� U o CD CD v, 5 �'CD 4 O CD A' O `.r`.Y CD 0 w I U) my) y Y on CD ',- o n .y CRAIG R.WOODWARD " ' MARK J.WOODWARD (01// 14 SHANNON W.ANDERSON ANTHONY P. FIRES,JR. STEPHEN J. PETERSEN* c : 'o%?u7tLc2L, , a JOHN A.NOLD" J.CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL (/ ,-1-rte February 19, 1993 Mr. William Lorenz Environmental Services Division Collier County Courthouse Complex 3301 E. Tamiami Trail Naples, Florida 33962 RE: House Bill No. 1437 "The Private Property Rights Act of Florida" Dear Bill : Enclosed please find a copy of legislation that has been introduced in the Florida House of Representatives, HB 1437. You may wish to distribute copies of this to the various board members of EPTAB before their discussion. I am not sure how far this legislation will go in the current session of the Florida legislature, but it is interesting that such a bill has been introduced. If you have any further questions, please do not hesitate to contact me. Sincerely, WOODWARD, PIRES--&_AN' RSON, P.A. Anthon P. Pires, Jr. APP/nls Enclosure as noted PLEASE RESPOND TO: 0 Marco Island Office ' elican Bay Office 'Also admitted in Iowa "Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 C Florida House of Representatives - 1993 HB 1 437 By Representatives Harris, Pruitt, Bronson, Sanderson, Albright, Arnall, Benson, Bitner, Casey, Fuller, Futch, Littlefield, Merchant, Posey, Sembler, Thrasher, Wise, Boyd) Crady, Martinez, McMahan, Minton, Mitchell, D. Saunders, (Additional Sponsors on Lest Printed Page) 1 A bill to be entitled 2 An act relating to private property rights; 3 cresting s. 73.30, F.S.; creating the Private 4 Property Rights Act of Florida; creating s. 5 73.31, F.S.; providing for inverse 6 condemnation; creating s. 73.32, F.S.; 7 providing exceptions; creating s. 73.33, F.S.; 8 providing for the extent and election of a 9 remedy; creating s. 73.34, F.S.; providing for 10 the rescission of certain regulations; creating 11 s. 73.35, F.S.; providing for legal challenges; 12 creating s. 73.36, F.S.; providing for a tax 13 adjustment; providing an effective date. 14 WHEREAS, the fifth amendment to the United States 16 Constitution end s. 6, Art. X of the State Constitution 17 provide that private property shall not be taken for public 18 use without just compensation, thereby prohibiting 19 governmental action that forces some people alone to bear 20 societal burdens which, in all fairness and justice, should be 21 bcrre by the public as a whole, and 22 WHEREAS, the fourteenth amendment to the United States 23 Constitution and s. 9, Art. I of the State Constitution 24 provide that no person shall be deprived of life, liberty, or 25 property without due process of law, and 26 WHEREAS, in s. 187.201(15), F.S., of the State 27 Comprehensive Plan, the Legislature recognized the existence 18 of legitimate and often competing public and private interests _4 in land use or other governmental regulations and directed the 30 state to protect private property rights by providing 31 compensation or other relief to a property owner for any 1 CODING: Deletions are stst.ksm; additions are underlined. Florida House of Representatives - 1993 HB 1437 166-130A-1-3 1 governmental action that is judicially determined to be a 2 taking of private property, end 3 WHEREAS, Recommendation 3 of the Final Report issued by 4 the Third Environmental Land Management Study Committee on 5 December 15, 1992, recognized that private property rights 6 "are a bedrock for our free society . . . [that] should be 7 respected by all governmental entities" and recommended that 8 the Legislature "reaffirm the protections for private property 9 rights . . . ," and 10 Whereas, the Legislature intends to enact the "Private 11 Property Rights Act of Florida" to ensure that government 12 decision-makers evaluate the effect of their administrative or 13 regulatory actions on constitutionally protected property 14 rights to avoid or reduce unreasonable financial burdens 15 imposed on those persons whose properties are directly or C 16 indirectly affected by otherwise lawful governmental actions, 17 NOW, THEREFORE, 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Part II of chapter 73, Florida Statutes, 22 consisting of sections 73.30, 73.31, 73.32, 73.33, 73.34, 23 73.35, end 73.36, Florida Statutes, is created to read: 24 PART II 25 PRIVATE PROPERTY RIGHTS 26 27 73.30 Short title=—this *art mem be cited es the 28 "Private Property Bights Act of Florida." ,' 29 73.31 Inverse condemnation.-- 30 ondemnation.-30 (1) Except as provided in a. 73.32, whenever the 31 implementation of any recut■tory az-acme by the state or any 2 CODING: Deletions are s#s4ekewi additions are underlined. Florida House of Representatives - 1913 HS 1437 165-130A-1-3 1 of its politioel subdivisions operates to severely limit the 2 practical use of reel property the_propert, shall be deemed 3 to have been taken far the ust of the public. For purposes of 4 this_part. it shall be_presueod that the practical use of real 5 property is "severely limited" when the fair market value of 6 the subiect property is reduced bm more then 40 percent of its 7 faitmarket value for the uses permitted at the time the owner 8 acquired title to the property or on July 1,. 1985, whichever 9 is later, In the event the regulatory program impacts only a 10 portion of the real property the fair market values shall be 11 calculated on the affected portion only. The term "regulatory 12 programs" includes,_ but is net limited to, the following: 13 yoninol land use planning and permitting under chapter 163. 411 186, and 1871 and environmental protection, permitting, and management programs under chapters 161, 2534 372, 373, 380. 16 end 403. 17 (2) The owner of reel property thus effected by 18 governmental regulatory action shall have a cause of action at 19 law to require condemnation by, end just compensation from. 20 the governmental unit imposino the restriction or regulation 21 that severely limited the practical use of the property, or to 22 receive compensation from the governmental unit for damages 23 occasioned by the implementation of the regulatory program. 24 The amount of damages awarded shill be governed by legal 25 standards established for statutory eminent domain proceedings 26 under s. 73.4174 and the eroperty owner shall have the richt 27 to recover attorney's fees and costs of the inverse 8 condemnation erocsedin9 occasioned by the governmental action it- 9 that prohibited or severely limited the practical Nse of the 30 ;ubiect property, The issue of damages awarded for diminution 31 of the property's value occasioned by the regulatory program. 3 COOING: Deletions are staiekem; additions are underlined. Florida House of Representatives - 1993 HD 1437 165-130A-1-3 1 together with the consideration of the quantity of land taken �. 2 or affected by the regulation, shill be submitted to r Jury 3 for determination of the total coamensation to be paid to the 4 property owner far the taking of ill or part of the subject 5 property. Hhen more then one governmental unit is involved, 6 the court shall determine the proportion that each unit is 7 required to contribute to the total damages awarded] provided. 8 however, that damages assessed against a county or 9 municipality as a result of that local government's 10 implementation of a *tete-mandated regulatory Program shall be 11 paid from the budget of the state agency or unit having 12 statutory responsibility for the oversight or management of 13 that regulatory Program. 14 (3) A governmental unit subject to the provisions of rte, 15 this part may not require p Property owner to waive IL 16 application of the Provision* of this pert as a condition for 17 approving the use of the property or the issuance of any 18 permit or other authorization. A property owner's acceptance 19 of an approval of use or a permit or other authorization 20 granted by the governmental unit does not compromise its 21 rights under this Part, nor shall it serve as a waiver of any 22 constitutional, legal, or equitable rights or actions 23 applicable to the governmental unit's regulation of the 24 subiect property. 25 73.32 Zsceptions.—No compensation shall be required 26 by virtue of this pert if the regulatory program is an 27 exercise of the Police Power to prohibit a use that is noxious 28 in fact or to Prevent a demonstrable harm to public health and + 1 29 safety. A use shall be deemed "noxious in fact" if it is a 30 public nuisance under the__statutory or common laws of this 31 state. A governmental unit's determination that a use is 4 CODING: Deletions are striekewj additions are underlined. Florida House of Representatives - 1993 H8 1437 166-130A-1-3 rl noxious in fact or peges a demonstrable harm to Public health 2 or safety is not binding upon a court of laws and Judicial 3 review of the Governmental unit's determination shall be de 4 novo. 5 73.33 Extent and election of remedy,-- 6 (1) The statue of limitations for actions brought 7 pursuant to this pert shall be the same as the statute of 8 limitations for actions brought for injuries to real Property. 9 The statute_ of limitations shall begin to run when the 10 property owner receives written notification of the 11 governmental unit's decision that denies or severely limits 12 the practical use of the subiect_Property. The property owner 13 shall be required to subs the requisite applications to the 14 appropriate governmental unit f4 c its approval of the owner's ,5 proposed use of the property. If the governmental unit denies 16 or severely limits the praotioml use of the subleot property, 17 the property owner may elect to proceed in circuit court for 18 declaratory and/or iniunciive relief pursuant to s. 19 187.201(15)(b)(2). or may seek administrative review of the 20 use denial in accordance with chapter 120. Failure to pursue 21 or exhaust one of the foregoing remedies shall not bar a 22 property owner's election to Proceed with the other. 23 (2) If the governmental unit fails or refuses to issue 24 a written decision on the submitted applications or if the 25 property owner reasonably believes that further efforts to 26 continue the permitting or use approval process would be 27 futile due to the governmental snit's previous resection of 3applications or plans submitted the property owner may bring 9 an immediate action in the circuit court for declaratory. 30 injunctive, and/or other appropriate relief. 31 5 CODING: Deletions are sttiakes; additions are underlined. Florida House of Representatives - 1993 H3 1437 165-130A-1-3 1 (3) This part shall apply to all regulators programs 2 enacted or promulgated from and after July L 195, the 3 effective date of s. 187.241(15)1 provided, however. that 4 nothing contained in this part shall prohibit or restrict e 6 prooerts owner from challenging a regulatory orocram 6 Implemented by the state or any of its Poi/AID-el subdivisions 7 prior to July 1, 1985, on the basis of other statutory, 8 constitutional. or equitable provisions of law. 9 73.34 Rescission of regulation.-- 10 (1) If a covernmental unit is found to have inversely 11 condemned real property through its.implementation of a 12 regulatory prograw, but is unwilling or unable to pay the 13 compensation awarded by the court, it shell rescind the 14 regulators Drearily as it affects the subiect property and ell 15 similarly situated real property in the Jurisdiction in which 16 the regulatory program is in effect, and reinstate the level 17 of regulation that was in effect immediately prior to 18 implementation of the rescinded program. If the regulatory 19 program is rescinded, the governmental unit shell remain 20 liable to the property owner for reasonable attorney's fees 21 and costs incurred in bringing the inverse condemnation 22 action, together with any actinl and demonstrable economic 23 losses suffered by the property owner during the period of 24 time that the rescinded regulatory program prohibited or 25 severely limited the practical use of the subieat property. 26 (2) Any approval, permit, or other authorization 27 ;ranted under the provisions of a regulatory program that is 28 rescinded pursuant to this section shall remain valid. 29 potwithstandino anv provision to the contrary contained in a 30 prior program that is reinstated after the rescission: 31 provided. however. that the terms, conditions. or limitations 6 CODING: Deletions are stptskemj additions are underlined. C • Florida House of Representatives - 1993 HS 1437 165-130A-1-3 11 pf any such approvals permit, or other authorization shall b3 2 • 3 73,35 Legal chpllensss=—Nothine in this part 4 precludes a property owner from challenging a reoulatorY 5 coram implemented by the state or any of its political 6 subdivisions bleed on other constitutional or eeultabis 7 provisions of law. 8 73.36 Fax adiustment,--Nhenever the state or env of 9 its political subdivisions implements a regulatory procram 10 that severely limits the praotic_al use of reel property and 11 results in w rsdvotion of the fair market value of the subject 12 property, the Property appraiser of the taxing .Jurisdiction 13 wherein the prcpsrts lies sh}ll reduce the assessed value of 14 pll parcels affected by the regulatory program by an amount .5I5 equal to the differenos ba4ween thy_ fair market value of the 16 property under the new reeulato a program and the fair market 17 value of the property immediately► prior to implementation of 18 the regulatory program. 19 Section 2. This act shall take effect upon becoming a 20 law. 21 22 uxxxxxxxxxxxxxxxxxxxxxxxxn:xxxxxxx::_:: 23 HOUSE SUMMARY 24 Creates the Private Property Rights Act of Florida to ensure that government decision-makers evaluate the administrative25 effect of their constitutionally pr otectedproperty arg ightsrtoy sctions a avoid or 26 reduce unreasonable financial burdens imposed on thosa persons whose properties are directly or indirectly 27 affected by otherwise lawful governmental actions. •s�28 -4R9 30 31 7 CODING: Deletions are seiak.aj additions are underlined. Florida House of Representatives - 1993 HB 1437 166-130A-1-3 1 zzzxzxzzxxxxzzzzxzxxzzzzxxxzxxzzzzxxxzxxz 2 ADDITIONAL SPONSORS 3 K. Smith, Tedder, Webster Kerrigan, Hawkes, Edwards, Cosgrove, Thomas, Goode, Trammell, uddy Johnson Hawkes, 4 Ireland, Bainter, Long, Armesto-Garcia, Feeney, King S 6 7 8 This publication was produced at an average cost of 1.12 cents per single page in compliance with the Rules and for 9 the information of members of the Legislature and the public. 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 CODING: Deletions are st.4.kem; additions ore underlined. £661 8 l g3.1 C3/11303?:1 - j9 -; 3 g cv .g o a a a a a ° a a b N cd •� 0 a aa' a' E E a E c000 a0i ti.) a0i a0i a0i c° `� w o o - ca cef cc cid cm .0 = U O U O O O O6 5 O '- w Li. 8 1E7', N Ca. cidEa" c a, co4a' ch E w 0000 00 3 ci4.1 0) oo ' oo ' om � b CI CV ch tar) a� ' a) t' a) a) •4) c O • cn CA b a) Cd - .•w i-i ...n ..r • •[� U V- O U- U Z E w 0 a) C•o •a E '- °o �, o :? b = w •y o c ,...4 O 4. o aA :� cC v' •.r rn O 4) a) .0 C 3 0 C V a) a) C C .O c'd W ice, O vi ° a) Q C w? 'y a' cA - cn 8 c G" b-0 O H C)) Ems., d •� y 0 " 0 0 :c 0 ... a N U a. a) 1, o 04 E y ?' O c W �, o b •va 4 U vl C CO C a) .3 4. V = C t w U U a) .., o w • o = 0 O Cs..a ,O — - 0 0 ... „, V v C U , H OaaC ,4C o O C O a) O 3 . Na 0 y c'. O O a 00 O c.„ '+•' C an cn N z ° S ¢ w ¢ � ¢ c� ¢ o ° 3 ¢" F a, .--, (V M cn N 00O, O O a 2-3 SECTION 2 ALTERNATE SITE ASSESSMENT 2.1 INTRODUCTION In searching for a site appropriate for a landfill location certain social, regulatory, practical and logistical factors should be considered. Some of these factors include: • Proximity to population and waste generating centers. • Transportation and access roads. • Land use and costs. • Adjacent land uses. • Wetlands, on-site and connected. • Wildlife use. • Zoning. • Conservation issues, onsite and adjacent. • Airport locations. • Visual landscape limitations, regulations, and impacts. • Size requirements. • Support facilities required. • Proximity to existing or available support facilities. These criteria were evaluated in this siting study and areas which were found to be most clearly prohibitive of/or incompatible with a landfill facility were eliminated. The following sections describe the criteria used, how the criteria were obtained, and the resulting options once the eliminations were made. SECT2.COL 2-1 2/19/93 oftiquipmgmemo- -• `•i v Post-Ir brand fax tratMtlititrtf it16mo ThT151 22 I I r r . . . c,...C, 6-P �`e , v ton►, Z-LLgZ iiiiiiriiiii, t5jfl5 Ex 0 . J' 00 . axIP/ Shalt tit rivisIDA ` " DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEw DRIVE • TALLAHASSEE , Ft, URtt) A 12199 • 2i00 LAWION(Huts ,,,,��.,qq LIhrA 1GOHi3 ShE?1EY •• ,nw..A 0 tet rt'idrY ENii' JN ENTAL SERVICES RS .T -76i J,;` DATE: •• 7 r ACTION: TA L E -b ie1 ber5 P/ 1l February 8 , 1993 iereill.. INFO: _ notable M ' chael Volpe A)) ii/i) !4 ,t ��� 4 Chairman, C.)-1-11-:r County, Board , '� ( 7, / ��_�. L------_. ;_ . . Cor! issioners 3301 Tamlam. it Fest tib /°�L Naples, Florida 33962-4977 - €E741 ; Re: Land Development Regulation Challenge - Case No. LC-91-F--01pt Dear Chairman Volpe: Although I had hoped to discuss this issue with you by telephone prior to sending this letter, it seems that our schedules have not made this possible. Please call me at your convenience after you have reviewed this issue <. o that we can discuss it mule fully. The Department of Community Affairs has completed its review of Collier County Resolution No. 92-319, submitted by the County to fulfi7.l tiie requirements for a land development regulation (I..DR) to implement Policy 6. 1 . 1 of the Collier County Comprehen- sive Plan. The Resolution is not acceptable because it does not fulfill the requirements for an LDR to implement the policy for two reasons: 1) The Resolution does not qualify as an LDR under the definition for an UDR as set forth in Section 163 . 3164 (22) , Florida Statutes (F.S. ) . The document adopted and submitted is a resolution declaring acceptance of the technical support document for the Coastal Barrier and Beach System Management Program LDR, with direction for staff to develop appropriate policies, ordinances and regulations. The document is a collection of recommendations and restatements of plan policies. • EMERGENCY MANAGEMENT • )HOUSING AND COMMUNITY I)FVFLOPMEN'` 0 RFiOURC.E RANN'ttvG AND MANAGEMENT ,pa 1et +; !3= . THU 9 ': 6 4 *tweet s H ►,F ..! A . P • 02 The Honorable Michael Volpe February 8 , 1993 Page Two Nothing in the recommendations binds the Board. of Commissioners in any way to regulations to implement the policy; and 2) Even if tic Resolution was an LDR, it does not contain development standards and criteria for dominant or indicative species for intertidal and coastal strands , undeveloped coastal barriers, and xeric scrub habitats , with criteria for development and standards for land clearing in these habitat areas, as required by Policy 6 . 1 . 1 of the Collier County comprehensive plan. Pursuant to Section 163 . 3202, F.S. , the County was required to adopt land development regulations to implement the Comprehen- Plan within :12 months of submission of its pier, to the Department of Community Affairs . The 12 month period began August 1988 . The County adopted its comprehensive plan on January 10, 1989 . Land development regulations implementing the plan were due by ' August 1989 . The County still had not adopted certain LDR's by January 11, 1991 ,. which prompted the Audubon Society of Collier to challenge the County's failure to adopt LDAs , Pursuant to Rule 9.7--24 , Florida Administrative Code (F.A. C. ) , the Department requested the LDR's be submitted by the County. The County responded by admitting it had not adopted certain LDR's, which included the Coastal Barrier and Beach System Management. Plan IDR. In addition, the county submitted a schedule that showed the County adopting the I.DR's after the 120--day tine period set forth in Rule 9J-24 . 004 (3) , F.A.C. , and requested that the Department refrain from taking action while the County adopted the required '.DR' s . The Coastal Barrier LDR wee scheduled to be adopted during the week of September 9, 1991. The Department accepted the schedule and agreed to refrain from taking action until the scheduled date. when the scheduled date passed, the Department was told that the schedule had been amended and the • regulation, which had been drafted, would be adopted by October 15, 1991 . On October 7 , 1991,. the Department was advised that the County Planning Commission delayed cons;;deretice of the LDR and that because of public hearing requirements the LDR could not be adopted any sooner than December 1991 . The Department again contacted the County in May 1992 to determine the status of the LDR. The Department was told the I.DR would be adopted en June 3 , 1992 . On July 9 , 1992 , while in Collier County for another LDR hearing, the Department was orally informed that. the County had adopted the LDR but had not yet sent it to the Department . Finally, on August 7 , 1992 , the Department received Resolution 92-319 , which does not meet the requirements for a LDR and does not implement Policy 6. 1 . 1 . •j--- - . •- , .. -., ,.. ' - 0 v.•,,-''j'i-,, _ , , ;:-_, ' • 0 ' , - ' ' -..''- Tho Honorable Michael Volpe February 8 , 1993 Page Three The Department has given Collier County an abundance of time to comply with the requirements of Section 163 . 3202 , F.s . , and Rule 93-24 . 006, F.A C. , but the County has been unable or unwillW ing to comply. Therefore, the Department is loft with no alter- native but to initiate action in circuit court, pursuant to Pule 93-24 . 004 (5) , F, A. C. , and Section 163 . 3202 (4) , F. S . I look forward to discussing this matter with you atyour earliest convenience. Vry tru,y }ours, .--(2. , ' N....a..,....6 Linda Loomis Shelley Secretary LLs/rwb cc: Ms . iiia j oris: M. Student, Assistant County Attorney Mr, Stan jitsinger, Director Growth Management Department Ms . Eileen Arsenault, President v Collier County Audubon Society Ms. Stephanie Callahan, Assistant General Ccu -:sel , DCA z- 4 41-1- X.4 0,R.49,2. 1)-^ 4 )0(1,6h 4.1e0 . ' 1 ()airy tc.'. '6 A 7` 9j bitr r} Setc,". ri:;-_ tary." � s .r rl ,, . : f ' ew i. .,: 4.1 „.... ,,r ,ir .ti, 4.. ,.5 . ill lifeEm .. : tection policy There is more leeway fi •By WILLIAM K. STEVENS NATION compromise, according to th N.Y. Times News Service view, than when an ecosystem • In a policy switch intended to severely degraded and option •head off s conflict hont endan- Washington. for protecting threatened speci* geredadspecies, InteriorcSecretary And in an interview last week, shrink. he declared his intention to try to Some approaches like th •Bruce Babbitt is preparing a ma- devise ecosystem conservation have been tried with reasonab jor shift in the Interior Depart- and recovery plans that would success so far. In one, for exar •ment's focus on wildlife stop the decline of species before ple, the Nature Conservancy h; protection. it became necessary to list them brokered a plan in the hill cou . To avert what he calls "na- as threatened or endangered. try of Texas outside Austin tional train wrecks" in clashes This, he said, might avoid "the protect ecologically healthy i . ,like the spotted-owl controversy, downward spiral of listing and lands of wildlife habitat whi . Babbitt hopes to avoid emergen- then the long, contentious.legal allowing development to procet cy measures to protect suddenly process that is triggered when around them. • endangered species by moving the Endangered Species Act Some destruction of habit. • instead to preventive medicine takes hold." by developers is to be allowe based on long-term protection of The theory of such an ap- with the most important are; whole ecosystems and all their proach, which several conserva- reserved for wildlife. In son inhabitants. tion groups have advocated, is cases, developers' land is pu • "We need to step back and that both conservation and busi- chased in swap agreements the look at the entire ecosystem and ness interests can 'be better- let them build elsewhere in tl ask, `Is it possible to intervene served by negotiated settlements county. The larger strategy is before the crisis?' " Babbitt tes- that plan the future of an entire accommodate both the ecolof tified Tuesday before the House ecosystem before any individual and the economy of the entire r Natural Resources Committee in species are endangered. gion. G 1 I tolde make wo - I 's environmental map.. ,,(1,91,1- (ti)P v , .. ,� cp..) ,. . 1a _ By MICHAEL RINKER_ � '' Staff Writer 7:193.4.PaaJ� Collier County has an unprece- dented opportunity to become"a steward of the world's bio-diversi- y ty,"said the chairman of the coun- . drty's environmental advisory board. David S.Maehr told a luncheon audience at The Naples Depot on -.`- - Monday that the Environmental .1, Policy Technical Advisory Board (EPTAB)has spent most of its two-year existence developing a program to help the county meet \ 0 : . . ..,,i,. ,. its state-mandated growth-man- agement requirement. "Collier County has the opportu- nity to go beyond just protecting natural resources for the benefit of its deserving citizens,"Maehr r � said. "Taking positive steps to pro- . tect important natural systems, x F we have the potential to become the`Yosemite of the East,'gener- ating tremendous tourist revenues from this clean industry and incur ''- ing a different,more desirable path of development unlike the j n ' '`ris.. sprawling southeast coast of Flor- -V ida." The luncheon was sponsored by the League of Women Voters of Collier County as a way to intro- duce the board to its members and the public. The county commission created the board in 1991 to counsel corn- missioners and the county's natu- ' ral resources department on the oilillh. use and protection of the area's `'���° natural habitat. Staff photo by Kim Weimer Key to the board's environmen- tal program is the concept of Nat- Gary Beardsley, a member of the Environmental Policy ural Resources Protection Areas Technical Advisory Board and a biologist with Tropical Envi- (NRPAs).The areas would protect ronment Consultants, talks with Stella Thomas at the Col- land that helps recharge the re- lier County League of Women Voters meeting held at The gion's groundwater supplies and Naples Depot on Monday. The EPTAB members attended protects the natural corridors crit- ical to the survival of endangered the meeting to explain to the league their role in counsel- ing the Collier commissioners on environmental issues. See EPTAB, Page 2B EPTAB: Group could put Collier on map _ Continued from 1B should be studied in terms of corn- When the EPTAB was pro- plete ecosystems. posed in 1991, the county had two ur threatened species. "System is the most important citizen advisory panels on environ- County commissioners, howev- word," Simpson said. "Regulations mental issues: the Environmental er. voted last month to place a tend to look at a site,at the specif- Advisory Council, which sug- hold on the program, saying they ic, not at the system ... it is im- gested resource protection policy, believe state and federal regula- portant to maintain function of the and the Water Mangagment tions already provide protection. system." Board, which r" '' Maehr.a wildlife biologist with Maehr added that, "The identi- tions on the use anu control of wa- the Florida Game & Fresh Water fication and demarcation of im- ter. Fish Commission,disagreed. portant,.functioning ecosystems is The EPTAB was established to "The current array of regula- an essential step in the manage- combine the functions of both Guns may be helpful in maintain- ment of irreplaceable county re- boards. The 11-member board fin- ing some at the natural features on sources." eludes biologists, develop( at- a particular tract but do little in He also addressed concerns torneys, farmers .:nd helping to maintain the integrity that claiming land for NRPAs businessmen. of natural systems that provide would reduce the county's prop- "Despite the diversity of EP- Collier County's life support," he erty tax base. TAB membership — and, in fact, • said. With 60 percent of county land a strong bias toward the devel- Maehr and fellow EPTAB already publicly owned, he said. opment community — we are member Glenn Simpson. an agri- the remaining 40 percent still con- unanimous in our support for pro- ii ultuial and land-use consultant, stitutes a land area larger than tection of the county's natural sys- ,trc"ed that the environment two-thirds of Florida's counties. terns," Maehr said. .1".e,26,_,,,': .,vy-- c) . . o; • y C YO1 EGrnc.5, CO3= y 'Cctl = r C OvC OOO O C 1 = c{_ cD ` C L ( a, C U�c3 ;c v wI cr nn a, cc �,aUI) UN °cnOOwy.dI � �y a+c cn U dV 2.2 " c0 C I 1%) C C E O O c OUrn (10< mc (7)ii !Dil 9C, rffi ='Ll ' CW, cf., 6. 0 — . � o ^ v U O 0.... c. ". s. A.t-. C H oaZv° `v2 ° .4 ' •a a; 4o °› , ,,11.5 Vo E a° tg 'a c° oa,' >' ` LI 111111 UCO 00 EU aHO w � �� d ti w. Ee lc al,as �fo myaSai c 0III o .ai a c�v, � o ,6'9 2- CI) 11- m 11111112 O CD VA 00 o°.. 0 H 0mc � ° c " o 0 I GI• Er, - 2a a � a _ 'my CyE C C y.! 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" . b c acid °� � °0 ..n 61O ° a o o a 000 c[11 m.... Eoo015v� ��nr CCM v0 0 22 *.S 03E.81", a- V CLm ° � QC mc�41 dcayI� U' pE •>fV J C 41) II: .. tiur O CMZ .zl 0:+ C. CO } u MEIN . 03m ...� 0 CVIS p'p � as Dr W 2 oat l'_ 4') �n c °. - it Q 0 C Z m a o 9.q4. = W� �O �w _ mZ v E av 2, 8 8, 03 i App focus of t 't -`r,3 Board works to join development, nature By STEVE HART 7 -Do(A) Senior Staff Writera•ai EPTAB. It sounds like it could be the name of the latest over-the-coun- ter pain reliever, and in a sense, it is. It's a Collier County citizens panel aimed at easing the pain of development on the area's natural resources. The Collier County Commission created the Environmental Policy Technical Advisory Board in 1991 to counsel commissioners and the county's natural resources depart- ment on the use and protection of the area's natural habitat. The group's mission will be the subject of the Collier County League of Women Voters' meeting at noon Monday at the Naples Depot, 1051 Fifth Ave.S. EPTAB members will be on hand to explain the panel and an- swer questions about its work. "The membership of EPTAB, which includes biologists, devel- opers, attorneys, farmers and businessmen, is unanimous in rec- ognizing the importance of func- tioning natural systems, health wildlife communities, a system of urban nature preserves and the protection of residential environ- mental quality," the group's vice chairman, Mike Davis, wrote in a January letter to Commission Chairman Burt Saunders. "It also recognizes that ways must be • found to meet these objectives while maintaining a sound econ- omy and sharing in the responsi- bility of providing basic public services." The panel is composed mostly of people with a vested interest in the environment: those who want to use it and those who want to protect it. Conflicting interests make better recommendations The competing interests cause obvious conflicts, but Davis said the conflicts help the panel reach better recommendations. See EPTAB, Page 2B _ . ,... EPTAB: Panel the focus of 4- talk Continued from 16 They would also protect natural control of water in development corridors critical to the survival of projects. "It certainly makes consensus endangered or threatened species. Lorenz proposed EPTAB as a more difficult," he said. "But the Rather than protect only iso- way to combine the functions of consensus that is reached ends up lated pockets of natural habitat in- both boards. The expanded EP- being much more like the views of side major new developments, the TAB includes not only environ- the community at large." NRPA concept is an attempt to mentalists but also developers, Dave Maehr, a wildlife biolog- look at much larger sections of engineers and impartial citizens. ist for the Florida Game and habitat. But commissioners voted Davis, the owner of Signcraft Fresh Water Fish Commission and Jan. 19 to place a hold on the pro- Inc., is the businessman on the EPTAB chairman, said that de- gram, saying they believe state panel. Other EPTAB members in- spite some conflict, panel mem- and federal regulations already elude: Dave Addison, biologist for hers agree on the group's mission. provide effective protection. The Conservancy of Naples; Gary "What we're here for is to Davis and Bill Lorenz, admin- Beardsley, biologist and owner of I paint a picture of what we want istrator for the county's natural the consulting firm Tropical Envi- the county to look like 50 or 100 resources department, said the ronmental Consultants; David years from now," he said. "De- commission wants to discuss the Land, president of Collier Enter- spite the conflicting interests, NRPA concept further before prises' farm division; Stephen A. we're unanimous on that." leaping into it. Means, engineer for Wilson, Mill- Bill Branan, who observes EP- But Maehr isn't as.optimistic. er, Barton & Peek; Anthony P. TAB from his post as environmen- He says the county commission Pires Jr., attorney; Larry Rich-tal protection director for The isn't listening closely enough to ardson, wildlife biologist for the Conservancy, agreed that the pan- what EPTAB is saying. U.S. Fish and Wildlife Service; el has become an effective tool for "We're really frustrated," he Glenn Simpson, planner for the setting the county's environmental said. "We feel like we're not being firm of Wilkiso & Associates; policy. taken seriously, or worse, we're Robert L. Duane, former planner "It could always be more ef- being ignored." for Collier County and planner for fective,"he said. "But we can't do Lorenz said the commission's the engineering firm of Hole, without it. We need the input of decision was definitely a setback, Montes & Assohiates; and Nancy citizens and experts." but the panel has plenty of other Payton, a North Naplesslarge. work to do. The panel still must who represents citizens at large. Commissioners hold key consider ways to protect areas Maehr said the expansion of The ultimate effectiveness of that help recharge ground-water EPTAB to include the eninterestsgineering EPTAB rests with the county supplies, must help write an estu- and development eloand gives thewaspanel a commission. If the commission es- ary protection program and a hab- goodbalaidea and the a other- tablishes a record of ignoring or itat protection plan and wisence it might not should g ve rejecting the panel's recommen- amendments to te county's land- aemoreHe said it should gith dations, its work will amount to use plan. y the panel credibility with little. the county commission. Last month,commissioners putbein EPTAB evolution continues But he also said that unless EP- on hold EPTAB's first major rec- Evolving missions and goals is TAB'slssioners re ommendationskminore se- ommendation, the creation of Nat- nothing new for EPTAB. riously, all the work and planning ural Resource Protection Areas When it was proposed in 1991, will be for naught. (NRPAs), as a tool for preserva- the county had two citizen advi- "This county is at a real turning tion. sory panels on environmental is- point in terms of what it will be NRPAs would protect areas sues. The Environmental Advisory like in the years to come," Maehr that help recharge the region's Council suggested resource pro- said. "This county commission has groundwater supplies, like Lake tection policy for the county. The in its hands the ability to shape Trafford near Immokalee or the Water Management Board made the way this county will look in area around Corkscrew Swamp. recommendations on the use and the coming decades." Em _1._ ,.11 !� A A } 414% TROPICAL r.�siVIRONM VITAL '\ 1 CONSULT ANTS : `i 2396 1S:!1 y'a C.l'C.North a vat!es,E:,,r,,lt 33940 Phare&Fax (SS) 263-0077 - - FRCSlMILE (*foal #: I otnGmaloc:33"/ ,121- "Wil l-orihi-ly i -x 1 �� .�^-- � Urs . AA'i�N�' ),///) TIME SEN1»:-V )1, Number of pages Famed = I J 2 _ „-----___,12./.•4-,i-- Iliiillllili i11ii1111lliliii1Ni11iti itniU miE TOPIC OF Fall/DOCUMENT: =NY? ; 0 `-)4 -2Z4? i i1i11ii1111N111111li111ll111111iii1111ii1111111111111111 Comments of SENDER: ./.)/ 14,1,4f/il,) /5eall , . l' /_'1-'111/ ("(74/141.49/41,5 Al ih 4.4?-61,t/ .):01/44, - sf 4 . c ,' 1,(f/r( , i%� 1l 1-Ai a t /19407 4f-'14 ,7 • 0 Oa' /1,*(1,-e-t-1 tTh 4 2 5)- /17- 3., i, 7 . ?kvilti r ' / 1; 00(1.: it A ° . leerl , in 14-1 '.721,,,A). 2L3 ,b;ey;0,6,) ' ,nim ..5 do reeOeci ikz,Arleye.°0 7-' :),/e" 0: ,. -1/ rb /7. C`'I" f /;' / n ` � ( 144 91 1 , 17/1. ',I ilit17,1 e:;Y /d9t1.€Jo fir ' , 1/ 1471.':01)144 4ffee. ? / Y5 rni-e-) No t -i. i-sd hie .),,fig. oe,ix.f lk 014/" .41.,eitsi , ��qyy P-- 14/111 th ,e_ p)-("Itki-t; eii",-"„) -!.3 - 3 Nof //�� � ,C..% � - it this ERR e-`? Se contact us bg phone (813-2b3 00 f?l transmission is not complete properly receiaed.(r m s/24-',., k'. .r"‘., e e 9 ' 114"r __ X46 Ae,W p GCS/ /A4 0 �-�'N � A-4,A1 ,e a. . �.,-e- ,' /'d r program, and the Grooath Management Plan d3tss should be AF'�`" , included in the workshop. �,,, 1.5,44 . , A motion to form a subcommittee to approach the Commissioners / i/ individually prior to the workshop was passe:. with one �i �`' dissenting vote_. /-� fy .•,„ )- A motion to have Dave Maehr appoint the subcommittee, and , Iv direct them to develop a strategy to approach the individual 4/. Commissioners and report to EPTAB at the February 8, 1993 61,/. J EPTAB meeting was approved with one dissenting vote. ='�- ,i. Dave Maehr appointed pp Mike Davis, Steve Means, David Land, \� . Larry Richardson to the subcommittee. 7 ,�,.�. ,,, -'` �,. �1 f •r' r r�ei t .1,4 7”*(719 7 ✓ , Dates for the EFI'AB meetings were set for February 8 and 22, Aw 1993 . ''4'c ,'t: The subcommittee will meet at 4 : 00 p.m. Friday, January 29, �Y 1; 1993 at W.i.ls::n, Miller, Barton and Peek Office, 3200 Bailey 'r..r , Lane to discuss meetings with the Commissioners. 4 . The meeting wasadjourned. 7 „ .",..4)4,, / 1..01,f 7 44 (4" , , , %i-,e%,L--e /f. , irmi fo firpi-....s-f,,:-,'Jr- ,- .,;,, ) / , •9 1(.;"I '.4;11 1 Ae I.)r i''4 1. ek44,4/,,1,Fke /ip, (...,,for,,in th,foip;,e 4,,,,,,,,,eitkir-,_.„3 wei , I /1 e. (";e6it i f 1/? te‘,„cd/Y:f fri .c.--wermAie /A • 1 IS Twr 46j7k /gyp/c.,.tt_ Aba e- 4 A.0 I I 7 f )::-). .Y7/10,14417 //HS,,e e v" /47?-4, exat it*, r 4. 4.7: if fr.. A fiht- ee)stfrelece (43,4-"GW"e---, 74 ,,p 4 4 5 4 41, t7„07A4 / /en#,e y (' , m/ de1.0 w$. . M 4 6/-P /IV .‘,.'--c'-':7.149/I t74-"Wi4 j 1'c .-,y}� 3©v. e' �� _ WP / -te : //'Z'I" i2 - �,.. \ F s at i. 44. r.,---friO, ,/lOt ill 1 f /4( ('') be.,J I: ..ek- / `-: `- ,� 1'1 P e oozy �� � � / �� - DRAFT. • 1/26J93 .....---4 �, ;IA! / �� APPROVER: ENVIRONMENTAL POLICY TECHN . VISORY BOARD eP— MINUTES OF JANUAR 26 1991______,---- /j1 Present: David Maehr Daeid Land . Larry Richardson Glenn Simpson Steve Means Tony Pires Robert Duane Nancy Payton Mike Davis Gail, Beardsley Unexcu -:; =.tsent: David Addison I Staff : Bill Lorenz Mac Hatcher George Yilmaz Fr-n Stallings Martha Howell Jennifer Staiger 1 1.:fele: Hartwell Doug Suite!: Mercedes McCallen i Public: Dares Olsen Chris Strator Christine Ramsey F.er 1rar.derford Bill Branee Vi.rr.; a Corkran - t 1. The : n tes ;fir: m t :e December 21, 1992 and t ne :T:1nc;:: 13 , 19`.-;" .=r t Y- 're approved as submitc d un.ar'imc.:sly .. 2 . olo Business : :;avid Maehr indicated -he had agreed -�e make a presentation to the League of Women Voters on February 15, 1993 at 11: 30 a ee. regarding the make up of EPTAB and the NRP . :'rogr m. A>i 1 EPTAB members were invited by the League of : :..:-yen \ctere to attend . David also indicated he had been cont.. ted by t' .e Naples Daily News about EPiAB. Dav :. .ehr discussed the Board of County Cemmissieners d _pis n at the Board meeting on January 19, 1993 not to continue developing the NRPA program hcwever, they wc:uld be open to a eq,ekehop.----",li"- -0 .rof/ fze*4e.41,irie rAf.411 le / ,,-id(.. e4--reni,/f)6:.,,,,,f) Glenn Simpson sugcested that a small group of EPTAB members 41 make preliminary contact with the individual Commissioners; develop a poli-hed presentation for the workshop; and develop broad based .0.i is support through the Ler'j...e of 1,7,7..T1n. Voters presentation and newspaper article. Martha Howell Assistant County Attorney, indicated that no mor; than one EPTAB member or one Commissioner could meet to E di :-_.ss the TWA p7ramunder ; e t$, -h r� Laws"i " 1—efil 0-41 M ili Lorenz :tae reste Neil Dorri. 11 to discuss the NRPA workshop idea ;ith the Commissioners. Gary Beardsley indicated that he thoua::e L're NRPA program was i required to eati. fy the Growth Manage:rent Plan.ar I I David L ? seci estcd the reasons for deve :ping the NRPA i 1A * ,, f . : i,y, SAI 1 -.- rz.:A A D L.J IT C., ° /.t.. :,�A: 0 DRAFT: 2/9/93 APPROVED: 3/1/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF FEBRUARY 8, 1993 Present: David Maehr David Land Larry Richardson Glenn Simpson Steve Means Tony Pires Robert Duane Nancy Payton Mike Davis Gary Beardsley David Addison Staff: Bill Lorenz Mac Hatcher George Yilmaz Fran Stallings Martha Howell Dick Hartwell Mercedes McCallen Public: James Olsen Chris Straton Virginia Corkran Ben Vanderford 1. Gary Beardsley mentioned several deficiencies with the minutes of the January 25, 1993 meeting. Bill Lorenz stated that staff would report "General Topics of Discussion" and add items approved by EPTAB. Mike Davis made a motion to approve the minutes and request that Bill Lorenz supply guidelines to EPTAB for changes to the minutes. David Addisons absence on the 25th was "excused" . The motion was seconded and passed unanimously. 2. Old Business: Mike Davis presented a summary memo with recommendations of the NRPA subcommittee's discussions. Mike met with 3 of the Commissioners that voted unfavorably on the development of the NRPA's. The memo and Gary Beardsley's comments are attached. Discussion regarding strategies for presenting the NRPA workshop included the following points: David Maehr said the Commissioners need to be educated on the importance of protecting water quality, entire systems, and that the NRPAs go beyond regulation. Glenn Simpson said we need to address the economic impact now and in the future; loss of taxes for Belle Meade reported at $1. 1 million. Tony Pires indicated the NRPA program should be presented first then the projects. Gary Beardsley indicated that land purchase is what perception of NRPA is. Mike Davis indicated some of the Commissioners were open to discussion of the NRPA "vehicle" . Glen Simpson pointed out that the second whereas in the EPTAB enabling ordinance specifically mentioned NRPA's. Glen Simpson asked Martha Howell to also check on the legal implementation of the Ordinance for EPTAB. David Land said COME Objective 1. 3 specified NRPA program to be in place by 8-1-94 to protect "listed species" . Bill Lorenz pointed out that the Department of Community Affairs had inserted the "listed species" language. Also after discussion with Martha Howell he indicated the definition in the Growth Management Plan authorized a broad consideration of NRPAs. Tony Pires amended the motion for approval of the memo to reverse the priority of recommendations 4 and 5 and drop 1-3 for now. David Land seconded and suggested the subcommittee should pursue answering commissioners questions on NRPA's and asked Bill to request workshop date in early April . The motion passed unanimously. Gary Beardsley submitted materials from Commissioner Matthews and Jeff Perry. Bob Duane suggested they contact other groups and request support for NRPA. Virginia Corkran reminded the group of the Leauge of Women Voters presentation on 2/15/93 . 3 . New Business: Bill Lorenz requested comments and approval on "Delineation and Management Plan of High Natural Aquifer Recharge areas, Collier County Florida" in about a month. Glenn Simpson, make a motion to have Dave Maehr appoint a recharge subcommittee to report back to EPTAB. It was approved unanimously and Glenn Simpson, Steve Means, Bob Duane, and Gary Beardsley were appointed to the subcommittee. 4 . The next meeting is scheduled for March 1, 1993 - 4 : 00 p.m. 5. Meeting was adjourned Action Items 1. Staff to work on costs for the NRPAs. 2 . Bill Lorenz to develop history of EPTAB and send to David Land and Gary Beardsley for review. This history will be used by Dave Maehr for the presentation to the League of Women Voters. 3 . Aquifer Recharge Subcommittee to meet at 4 : 00 p.m. , February 16, 1993 at Wilson, Miller, Barton & Peek, Inc. , 3200 Bailey Lane. tiS C)j;''Ul'Av Date: February 5, 1993 To: EPTAB From: NRPA Subcommittee Subject: Proposed NRPA Strategy As a result of Mike Davis' meetings with the three commissioners who voted unfavorably on NRPAs and after two subcommittee meetings, the following are our conclusions and recommendations. Conclusions 1. In order for any NRPA to be approved by the Commission, the following must be adequately demonstrated: a. There is no duplication of existing regulations or management control by other governmental bodies. b. The total cost (e.g., purchase price, taxes foregone, enforcement, management) of an NRPA is either minimal or the benefits derived are so obvious and compelling as to justify the cost. c. The NRPA designation and related regulations, purchases, incentives, etc., are the most sensible way to attain the desired environmental objectives. d. The process for identifying, evaluating, designing, and adopting NRPAs has numerous check points and reviews prior to adoption and implementation whereby a specific proposed NRPA can be modified or stopped, and that NRPAs will be used on a relatively limite4 basis. e. If an area is designated as an NRPA, property values will not be negatively affected as a result. 2. EPTAB is far from being able to demonstrate these five points in adequate detail to satisfy the commissioners on all the areas we feel are appropriate for NRPA designation. Proposed NRPA Strategy February 5, 1993 Page 2 3. The commissioners appear disinclined to designate an area as NRP: •'i out knowing exactly what this entails from a regulatory, purchase, etc. 4 •ndpoint. 4. Collier County must either (a) adopt some areas as NRPAs b August (b demonstrate to DCA why NRPAs are not necessary and move t• amend e Comprehensive Plan deleting the need for NRPAs, or (c) risk legal c • enges from DCA, groups, or individuals and, thereby, face significant legal, staff and commission time spent to resolve such challenges, with the risk of lost State funds if unsuccessful. Recommendations 1. EPTAB should recommend to the Commission that it immediately adopt as NRPAs the following areas: a. The CREW area expanded to include the CARL boundaries in Camp Keais Strand (from CR 846 south to U.S. Panther Refuge). b. Rookery Bay to include that publicly owned and that included on the CARL list. c. South Golden Gate Estates as delineated in the ongoing State purchase plan. d. The Okaloacoochee Slough portion of the Area of Critical State Concern (from the Hendry County line south to the Big Cypress). 2. The only purchase, regulatory, management, etc., programs that should currently be approved by the County for these four areas are those already in place with the existing programs. (Essentially the County will simply be placing its "seal of approval" on what others are already doing and pledging its support to assist in promoting any initiatives or enforcing any regulations already in place that will maximize effectiveness and reduce overall government costs.) 3. EPTAB will then confinue with its current efforts whereby we are identifying and evaluating all high priority areas of the County from an environmental standpoint. Specifically, EPTAB will: a. ,Evaluate the above four areas to identify and justify any additional regulations, incentives, management plans, purchases, etc., which should be undertaken by the County, and Proposed NRPA Strategy February 5, 1993 • Page 3 b. Evaluate any other areas (e.g., Gordon River, North Golden Gate Estates, Belle Meade) for possible future adoption as NRPAs if sufficient justification exists. No new NRPAs or additional programs in the proposed four initial NRPAs will be recommended to the Commission unless it is felt we can reasonably demonstrate compliance with the above five points (see Conclusions, Number 1). .c� ,ate 4. Members of the NRPA Subcommittee, upon approval of t'41 41/f endat s— by EPTAB, will meet with the commissionersLLindividually to discuss this approach^ p�;,r f, �.11r�I Q�IY .4144440 • On 4(. !�/ iv/or4 (11ni4> AL f 5. A NRPA workshop will be held at the earliest date eonvenient4wh �f eeby we can explain in detail the boundaries, programs, regulations, etc., of the four proposed initial NRPAs as well as our proposed step-by-step identification and evaluation process for other possible NRPAs. Rationale 1. The County will have complied with the requirements of the Comprehensive Plan without having to try to justify why NRPAs are no longer necessary. 2. Hopefully any DCA or citizens challenges can be avoided. 3. No regulatory or other duplication will occur, no additional costs will be incurred at this time, and property owners in the designated areas should face no greater economic implications than those currently being experienced. 4. EPTAB gains sufficient time to systematically identify, evaluate design, and justify new NRPAs or expanded initiatives in the initially designated NRPAs. This effort might actually allow reduced governmental involvement in non-NRPA areas. r • L a - E� a r to Q �a a . , � tv- // A(C),) . Date: February 5, 1993 NI10 X E . To: EPTAB rr-j 11111111111610 LIVEnDFrom: �'A Subconmtttee ,g+� Subject: Proposed NRPA Strategy As a result of Mike Davis' meetings with the three commissioners who voted unfavorablyons n the following are j�IRPAs and after two subcommittee meetings, �� � . recommendations. aid I/diy �, C C(jv� Al Vit 1 w,�I `�`1 Conclusions �� t r 1• Ino •-r for any NRPA to be .pproved ,y the Con is ..n, ; following st be Ili adequ.tely demonstrated: 'fn / if li There i- o d •lic i.• • '• : • :i .;• s or management) d> aAte control by other governmental bodie����v *ez-Vta V y 1 b. The total cost (e.g., purchase price, taxes fore one, enforcement, management) of an NRPA is either minimal or the benefits derived 1l ' obvious and compelling as to justify the cost. f�� ll� p�J'Y� P /� are so pV urchases, � Y� � The NRPA designation and rotated regulations, p l�A ' ( • oas nsible way to alta' the desired V r` � ha � incenti yes, etc., are them �J i/ y , " nvironmental objectives. iL"CG re -e-a' �" iivG V e`vz acing, designing, and adopting t " d, l e process for identifying, g 4 irtVI / check ints and reviews prior to adoption �' `� NRPAs has numerous Po �z'F y" tation whereb a specific proposed NRPA can be ��r- �Q and tmplemen Y � ;, o, relatively , C" (, foycles modified or stopped, and �e - , wie fel 5li Q / sr NRPA, o• values not • fWrUti J 0 If an area is designated as F /�, �1 :. = affected as a tilt. /!l Y' S//�{2°y� . :trate # /%rte( EPTAB is f: .from being able to demo these fiv- _•ints rn adequate detail uCG . .. :•:ti. •• eel : e appropriat or�NR.PA .. . e.commissioners on / . p - r .. 4 designation. � � )414 , ', / erg / ' ' 1Y /z7ai! gi /A"i; Till/!� Ir‘drir9)(41tbiOrtofitki 1 , f h--P tol‘ Oth iii/i/ titriV/11-- )7if /)111 Xj I Proposed NRPA Strategy • )i" ilaf±__ February 5, 1993 kvaP/1 Page 2 The commissioners appear disinclined to esignate an area as NRp= -'1 out 3, purchase, etc• endpoint. knowing exactly what this entails from a regulatory, p 1ggfj 4. Collier County must either (a) adopt some areas as a RP s t. amend (be demonstrate to DCA why NRPAs are not necessary �� Comprehensive Plan deleting the need for NRPAs,e rsi(c) risk legal,c staff• enges from DCA, groups, or individuals and, then y+ Q commission time spent to resolve such challenges, with the risk of lost State funds 1 �, �� if unsuccessful. ) ))//ti/VIPII4( �p IY‘f-21t3f A ,kiv corn .dations ,( /� .4,a 0., „r.01,)1? iyvy �` " " ��// 0� iatcl ado t as el ss(Sn a tt ed Y p �+ EpTAB should recommend to th yeqU1 NRPAs the following areas: 1 ,d ; a. The CREW area expanded to include t}-1e CARL boundaries in WOO amp Keais Strand (from CR 846 south to U.S. Panther Refuge). to include that publicly owned and that included on . i, i b, Rookery Bay the CARL list. )111 - c. South Golden Gate Estates as delineated in the ongoing State AOpurchase plan. Vii\ tokiiilikr` portion of the Area of Critical State �� If d, The Okaloacoochee Slough / Concern (from the Hendry County line south to the Big Cypres lei er41 currentl urchase. regulatory, management, etc., programs that shoe with the yi4v-1�f� Via °n y p e four areas are those already In p r- .e approved by the auntyfor rhes lam its "seal of ��� programs. (Essentially the County will simply be placing existing "onpledging its support to assist in Dppv � approval" on what others are aUcadY doing�l�oready in place that will promoting any initiatives or enforcing any $ maximize effectiveness and reduce overall government costs.) ► � l f���� whereby we are identifying and ►� '�1 EPTAB will then continue w�ith�its ocurrent Cou teffortsfrom an environmental standpoint. evaluating all high priority Specifically, EPTAB will: ti/ 9 a. Evaluate the above four areas to identify and justify any additional / regulations, incentives, management plans, purchases, etc., which �/� should be undertaken by the County, and �aJTho4 ' ) AL- an/160 4 • h-•t13-ritl-1 I S d'1:.Y42 r rcu r ; - nt€,- ) 0 /i` XIl ,7/74 k€cProposed NRPA Strategy February 5, 1993 "y Page 3 QK .0)� ` 1 )2'1 row O b. Evaluate any othe : as (e.g., Gordon River, North so den Gate ) ) / possible future adoption as NRPAs if /Y6� Estates, Belle Meade) aS`t/r' sufficient justification exist . . ... `d four initial NRPAs will No new NRPAs or additional programs in th a can reasonably be recommended to the Commission demonstrate compliance with the above fiveal points see Conclusions, N ami 1). i upon.approval roval of RP Q Members of the NRPA Subcommittee, upo pp •ndividually to discuss this ,�, with the 9�li� ✓ b a,vksL,e• OIL yr MK• 7S'Mts 1111 2the earliest date do venientAw by we can 5, A NRPA workshop will be he at of the four proposed _ explain in detail the boundaries, programs, r'egulatio , etc. initial NRPAs as well as our proposed step-by-s identification and evaluation process for other possible NRPAs. ;o l 4f 1! <:i2_LP[ O Pini /yi�jdf}�ry'fi'Qi'1( .a� aurale /// l. The County will hay: corn'lied with ;e requirements of the Comprehensive Placl—�'/1�7)- with. t having to try to justify why NRPAs are no longer necessary. h�` !l-6 full .■ DCA or citizens challenges can be avoided � ` �}1A �/ 2. Hope y ft-e' 3. No regulate or oth a • ' _ • 1 occ. • additional costs will be incurred ....)1 c owners in the designated areas should face no grea er-.3 • ■ � ■me, and prop rry economic implications than those currently being experienced. l'6A✓14 lyi,, Y 4. EPTAB gains sufficient time to systematically identify, evaluate design, and r\ justify new NRPAs or expanded initiatives in the initially designated NRPAs, ...- This effort mg i ht actually allow reduced governmental involvement in non-NRPA `'1' areas. • • i fi 0 ---lefi/V°2/Af * :ij c?� wilv iti4r)ii.vt./ gt, 1 i 44./ q1141A1 1 1))71 -ai/Ytkl r A° be ayi f , lit Q rpt wilbefri'e Mat/oat! U +Vilieleci-ify ENVIRON1—_4TAL POLICY TECHNICAL ADV1...,RY BOARD AGENDA DATE: February 8 , 1993 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes January 25, 1993 IV. Old Business a. Discussion of NRPA Subcommittee meetings with Commissioners. V. New Business a. Schedule meeting for Ground Water Recharge final report and recommendations. VI. Public Comments VII. Adjournment as :4�•' t10:a r=. �. - '�'.".' U a G;�+.o ' �G • 'C.G r C•- ,,„ - y_- .., v� •ri1 y xo s ti .'2s cn ,may en•�.°�° c ° N e o c: aDc �w N•oco �� c ca 3 3.� m N E� a` >4 .' Es 5'" ca ��.�� o .,Y c y� �... ° as 7-1 w NCo 40 th CC•N M.^ y Ca I..N.. z.O L, '1'- sg b4 R 7.,.- .'-' 7 "� L „ az.`x.:� :�, ^•�yam. 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U C a cv rry,,,, 'Cr �� � /'tel I c p Rr 4r C.) 4., c .45•E; c aRaD, ow .av ca 0 Ovy .cam 30 ,C Q) Cd � � u e .42`� Q �� 8 e .4 <,:, vily+ Pfli ,fi.c� >, ww v ti " 4a ac, CV O Q., �N C r RI W y roves w 0 3 = C �c A 0 ;u.; 'j `CD .• p y.r Wjim, L v[- C Rc w �r Up fiw v ` S,•, oa.A 'of e,•" go"u.•d p go, 21:01:04 c, �:'�4, � I in Fail Tam+..mi Trail . Maples, Florida 33967.4977 \ ' john C. Norris (813) 774-8097 • Fax (813) 774.3602n •,...•' -1 District 1 l5 P 01/14.`'Michael I.Volpe riP District 2 R —'Timothy I.Constantine EC District 3 _i Burt L.Saunders Dtitrkt 4 A. Bettye I. Matthews District s January 26, 1993 Mr. Donald Segreto A �� ��� 3841 29th Avenue SW /1 ' r PM Naples, FLor. :ida 33964 /04-- ________. ThiP N/eP °525)1/11:51f Dear Mr. Segreto: /4 11J5* . I have attached for your information a memo received from Bob Blanchard, Director of Long Range Planning. I am providing this to you for your edification: , Please note that Mr. Blanchard states that Ordinance 74-34 created the E-2 Agricultural Estates District. It is 74-35 that actually rezoned the Estates area. —4%. 2 would like you to notice the paragraph on page 2. The Estates are still described .3 .; an agricultural district even though most staff refer to it as residential. Perhaps we are beginning to see a redefining of the staff's position on this principal use for this area. However, the comment regarding non-commercial mercial agriculture use pertaining to the Estates Zoning District created In Ordinance 74-12 is implied in the creation of the E-2 zoning district. Therefore, pext)iaps the "right to farm" act is the theory that needs to be persued. Very tru_l , yours, ,� Bettye Ji,l Matthews Commissi4 ner, District 5 BJM: cfd Enc. ' tr• vs L T.ar l S 1 " `a 4050 P. OE RECEIVED Fore ' - ,P1' DEC 1 0 1992 - , . .f„r� 57{7111 Q mum t i o.ard of County Commissioners • TO: Commissioner. Bettye J. Matthews FROM: Bob Blanchard ' Direc-tee, T_nnq Range Planning Department bATE: December 9, 1992 SUBJECT: Estates Zoning District As we discussed last week, I have attempted t:o locate the various changes that have taken place to the Estates zoning district since the Golden Gate Estates were rezoned from the original commercial , multifamily, single family categories. Most revisions to the district have been inconsequential, dealing with nonconforming lots, the use of mobile homes as temporary residences, provisional (conditional) uses, etc. However, I have identified what I consider to be the important amendments for the issue we dieeusced. Prior to the 1974 rezoning of Golden Gate Estates from the original higher intensity uses to the Estates designation, there was already ar, Estates zoning district in the County code (refer to Ordinance 74-12) . This Estates designation, called the "E” suburban Estates district had a minimum lot size of 2 . 5 acres, was applied primarily in the vicinity of County earn Read and haci three principal uses: *single family residences; 'Non-commercial field crops, horticulture, fruit and nut production; and, `Non-commercial poultry, horses and cattle, used solely by the resident. To deal with the rezoning of Golden Gate Estates, a new district was created: E-2 Agricultural Estates district (NOrdinence Nv. 74 - 34 ) . This district had a minimum lot size of 2 1/4 acres to deal with the platting that had already occurred and had one pr. incipel use - single family residences. The actual rezoniriy of the Estates was accomplished by Ordinance 74-35. Since at least 1982, there has only been one Estates zoning district in • xi.etonce with the standards included in the old E-2 district.. N 10 �. L. fear i 81 ' i:) 4w1.e P. 04 4 It is interesting to note that in 1987 , there was n staff recommendation that the general characterization of the Estates district in the Zoning Code be changed from "agricultural" to "residential . " At the public hearing, the Board elected not to make this change. Therefore, in our current Land Development • Code, the Estates district is still described as an • agricultural district- even though most staff would characterize it as a residential district and agricultural activities are not a principal permitted use. I hope this is helpful. . Should you need additional information please call . cc: Frank W. Bruit, Community Development Scrvi.ces AdMini itrator 'l il f/1.1:.!.(11 IA Q,- . 4 -ed .41,4•141 ,, es,5- /<,,e.:„;i6i.,) .. . ._ : ,, ) K.... ',it-moi . A-,: 4J, -,. /Øn,J, )1i1 I. Ai e))j 1 s /1,-44 7,tet, , 'f:.# •- l'itr 1 4/ /Peelirt6er to.Tel Aro I .,4,4y)'�i irt- t ' 0. 1,, 4 f f ri ) 61 ../ , , ,.. i 1 ' r f )2ir) ii :,1 /fir 1/n) v, .1 .,"§—ae e rt.c.V,AY ii.04,14',41,4 p e s� fJi ,.1 fi IA It''7)t-F le// ' (') ilz0/ )r ifie.-• J• /1 r f • '- V,07e 4 . ,) J /1 e-, /7 r-1° A fhriliw AKoe,I)elytotAii/,-. 9 V ta)l" `, I 'f ' s')7,tfee:15; 61 1,19 ,W.krf, // 7-:-.;:= 7,t,,f.....)r DRAFT: 1/26/93 APPROVED: 2/8/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JANUARY 25, 1993 Present: David Maehr David Land Larry Richardson Glenn Simpson Steve Means Tony Pires Robert Duane Nancy Payton Mike Davis Gary Beardsley Excused Absent: David Addison Staff: Bill Lorenz Mac Hatcher George Yilmaz Fran Stallings Martha Howell Jennifer Staiger Dick Hartwell Doug Suitor Mercedes McCallen Public: James Olsen Chris Straton Christine Ramsey Ben Vanderford Bill Branan Virginia Corkran 1. The minutes from the December 21, 1992 and the January 13 , 1993 meeting were approved as submitted unanimously. 2 . Old Business: David Maehr indicated he had agreed to make a presentation to the League of Women Voters on February 15, 1993 at 11: 30 a.m. regarding the make up of EPTAB and the NRPA Program. All EPTAB members were invited by the League of Women Voters to attend. David also indicated he had been contacted by the Naples Daily News about EPTAB. David Maehr discussed the Board of County Commissioners decision at the Board meeting on January 19, 1993 not to continue developing the NRPA program however, they would be open to a workshop. Glenn Simpson suggested that a small group of EPTAB members make preliminary contact with the individual Commissioners; develop a polished presentation for the workshop; and develop broad based public support through the League of Women Voters presentation and newspaper article. Martha Howell, Assistant County Attorney, indicated that no more than one EPTAB member or one Commissioner could meet to discuss the NRPA program under the "Sunshine Laws" . Bill Lorenz has requested Neil Dorrill to discuss the NRPA workshop idea with the Commissioners. Gary Beardsley indicated that he thought the NRPA program was required to satisfy the Growth Management Plan. David Land suggested the reasons for developing the NRPA program, and the Growth Management Plan dates should be included in the workshop. A motion to form a subcommittee to approach the Commissioners individually prior to the workshop was passed with one dissenting vote. A motion to have Dave Maehr appoint the subcommittee, and direct them to develop a strategy to approach the individual Commissioners and report to EPTAB at the February 8, 1993 EPTAB meeting was approved with one dissenting vote. Dave Maehr appointed Mike Davis, Steve Means, David Land, Larry Richardson to the subcommittee. Dates for the EPTAB meetings were set for February 8 and 22 , 1993 . The subcommittee will meet at 4 : 00 p.m. Friday, January 29, 1993 at Wilson, Miller, Barton and Peek Office, 3200 Bailey Lane to discuss meetings with the Commissioners. 4 . The meeting was adjourned. l - p 7 6 14/Deli C S LiAMaS C 1- Et' 1,4aSTSN.C114.0u5 a • Y 5 'rafidvl c)hj/ c� �EN VA( fo — 5.er cf .t C) n s�i r\e, earns - 1h e Cirnset-ucukx..,,es iteka../ (Z.- L);), wo_JAi,n /417 641/,c_z_ v c A-1 ,601., CizAns.e.A.v-arxt man 5 PrAi3 akt_g_e_.; lef)7ie4,4, 6 otoi Irk TbAt1/.c 7-0-'0N/ �i��s ,607-4 016E4 ENVIRt ENTAL POLICY TECHNICAL AD ORY BOARD AGENDA DATE: January 25, 1993 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - December 21, 1992 - January 13, 1993 IV. Old Business a. Discussion about the January 19, 1993 , Board meeting decision involving the NRPA Program. V. New Business VI. Public Comments VII. Adjournment January 14, 1993 Burt L. Saunders, Chairman Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 33962 RE: EPTAB Recommendation, Natural Resources Protection Area Program Dear Chairman Saunders: The Environmental Policy Technical Advisory Board (EPTAB) was created in 1991 to provide recommendations to the Board of County Commissioners in regards to the use and exploitation of Collier County's natural resources. Ordinance No. 91-26 goes into considerably more detail describing the authority, functions, powers and duties of EPTAB. Duty C-5, however, has significant long-term implications "in identifying and recommending solutions to existing and future environmental issues. " The membership of EPTAB, which includes biologists, developers, attorneys, farmers, and businessmen, is unanimous, in recognizing the importance of functioning natural systems, healthy wildlife communities, a system of urban nature preserves and the protection of residential environmental quality. It also recognizes that ways must be found to meet these objectives while maintaining a sound economy and sharing in the responsibility of providing basic public services. The Conservation and Coastal Management Element of the Comprehensive Plan recognizes that the development and implementation of a Natural Resources Protection Areas (NRPA) program will be instrumental in accomplishing the economic, environmental and quality of life objectives of the County. Specifically, these NRPAs would be designed to protect: 1. Groundwater recharge and water quality; 2 . Natural corridors critical to the survival of endangered, threatened, and protected species; -1- 3 . Rare, unique, and endangered habitats; and 4 . Historic surface water flow ways which are critical to flood control and estuary (and, thus, fisheries) survival. While the adoption of NRPAs could add some additional regulation and require fee simple or development rights purchase in some areas, it could just as easily reduce the need for the current regulatory level in other areas and be accomplished through support of existing programs of other agencies and groups rather than the expansion of County initiatives, staff, or regulations. Basically the phrase "Natural Resources Protection Areas" is simply a term for the systems and areas of the County which we wish to insure remain in a sustainable, relatively naturally functioning system when the County reaches full build-out 40, 50, or 100 years from now. The EPTAB unanimously supports the need for such a program whether it be called NRPAs or something else. This support encompasses our environmental, development, and agricultural interests. It is our recommendation that the program function in the following manner: 1. Identify critical systems and areas which must be preserved when the County is at full build-out. 2 . Determine degree to which these areas/systems will be permanently maintained in a sustainable (not necessarily unaltered) manner through existing regulations and acquisition programs. 3 . Propose mechanisms to address all shortfalls. 4 . Attempt to accomplish goals to degree possible through existing agencies, programs, staff and funding sources We urge you to continue the County's support for the NRPA concept. The membership of EPTAB and the interests represented are as follows: David Maehr - Wildlife Biologist Dave Addison - Biologist Gary Beardsley - Biologist David Land - Agriculture Stephen A. Means - Professional Engineer Anthony P. Pires, Jr. - Attorney -2- Larry Richardson - Wildlife Biologist Glenn Simpson - Certified Planner Robert L. Duane - Certified Planner Mike Davis - Entrepreneur Nancy Payton - Citizen Representative Since CLCgr Mike Davis, Vice Chairman Environmental Policy Technical Advisory Board c: Timothy J. Constantine, Vice Chairman Michael J. Volpe, Commissioner District #2 John C. Norris, Commissioner District #1 Bettye J. Matthews, Commissioner District #5 -3- DRAFT: 1/13/9 APPROVED: 1/26/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JANUARY 13, 1993 Present: David Addison David Land Larry Richardson David Maehr Steve Means Tony Pires Gary Beardsley Nancy Payton Mike Davis Excused Absent: Robert Duane Glenn Simpson Staff: Bill Lorenz Mac Hatcher Fred Reischl Fran Stallings Maura Kraus Jennifer Staiger Dick Hartwell Doug Suitor Public: Virginia Corkran Chris Straton Stewart Swanson Ben Vanderford 1. The minutes from the December 21, 1992 meeting were not approved and directed to be amended for the January 25, 1992 meeting. 2 . Old Business: Gary Beardsley suggested adding a new addition to the minutes and labeling it "Action Items" . This was taken from the ONS Subcommittee minutes. EPTAB discussed the "Sunshine Law" . Discussion centered around Gary Beardsley's memo to EPTAB members. Members agreed that all correspondence should be directed at staff for distribution instead of being sent to one another. EPTAB members agreed that minutes should contain two categories: Excused Absent and Absent. Bill Lorenz explained to EPTAB members about the presentation that was given to the four Commissioners concerning the continued NRPA program. After a lengthy discussion by EPTAB members, it was pointed out that staff needs to present an overall picture of what needs to be protected by the NRPA program, and that State and Federal agencies may only be protecting 60% of the natural sensitive areas. Staff needs also to show the Board that the NRPA program does not create duplication of regulations. David Land pointed out that ST designated lands need to be investigated to see if these areas maintained their real estate value over the years. David Maehr also pointed out that North Belle Meade and North Golden Gate Estates areas do not have overlapping agency regulations. Concern by Board members about 50%, public ownership of Collier County also needs to be addressed by staff. Gary Beardsley asked for a vote on EPTAB support of NRPAS, and David Land drafted a letter to the Board on EPTAB support of NRPA program. The letter to Kenneth Cuyler was discussed by EPTAB. The letter was approved by EPTAB with amendments. Audubon Golf Course letter was discussed by EPTAB, but no official action was taken for now. A draft of the Clam Bay Water Quality Ordinance was handed out for written comments by EPTAB. Doug Suitor announced at the meeting that the Boat Survey will be starting January 18th. Mr. Suitor requested volunteers to help with the survey. 3 . Action Items: a. Glenn Simpson to respond to EPTAB about NRPA Program at next meeting. b. Virginia Corkran, representing the League of Women Voters, asked EPTAB to give a presentation at their February meeting. Mr. Maehr and Mr. Stallings will give this presentation. 4 . The meeting was adjourned. 5. Next meeting scheduled for January 25, 1993 . Iwo ///.1/93 L ,''7 6 7,1-444 O �� u�c WeD IAA AL 146_-0 M 2 N-AatkAA, /kyr c, i hrs ro fi "( 3EN br/tilveivbao f pu 61--TC ENVIROL4ENTAL POLICY TECHNICAL ADVISL_.f BOARD AGENDA DATE: January 13 , 1993 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II. Roll Call III. Approval of Minutes - December 21, 1992 IV. Old Business a. Mr. Pires draft to County Commissioners "Letter of Concern about County Attorney Office" . b. Comments on the Coastal Zone Management Plan Technical Reports. c. Mr. Stallings summary of his meetings with County Commissioners involving the NRPA Program. d. Brief comments from EPTAB members involving the Golf Course memo. e. Discussion about the upcoming January 19th Board of County Commissioners NRPA presentation. V. New Business VI. Public Comments VII. Adjournment lvI Gert'L.B..rdsI PS Form 3800, June 199se, Nap fi,F North Naples,FL 33940 Linda Loomis Shelley January 13, 1993 Secretary of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee Florida 32399 RE: R Citizen Challenge, per Rule 9J-24.004 F.A.C., regarding the failure of Collier County Government to adopt certain land development regulations (LDR's) as required by S. 163.3202 F. S. and to implement specific objectives and policies as adopted, January 10, 1989, in its Growth Mang' ement Plan, Conservation and Coastal Manu Dement Element. IN SUPPORT OF THE RBOUE STRTEMENT: I, Gary Lee Beardsley, a citizen of Collier County, with standing, request, per Rule 9J-24.004 F.A.C. and 163.3202 F.S. that the Department of Community Affairs (DCII) review specific progress made by the county of Collier toward adopting and implementing certain Objectives and Policies in a timely mannor (per the specific measurable due dates as stated) as required in its adopted and in place Conservation and Coastal Management Element of its Growth Management Plan. I will address each of the general issues raised above and provide eHamples of relavant documents to support this challange. STRND I NG: A. I moved to Collier county December 20, 1980 and currently live at 2396 13th Street, North, Naples, 33940. -page 1 of FOURTEEN- (ii" L 6.srasle 2396 13th Street North Naples,FL 33940 B. I was a County Commission appointed member of the Citizen Growth Mananagement Plan Advisor Committee and was designated Chairperson of the Conservation and Coastal Element. This groyp drafted and the Commission adopted the GMP on January 10, 1989. C. I am presently a member of the Board of County Commission appointed Environmental Policy Technical Advisory Board (EPTAB) whose responsibility, per Policy 1 .1 .1 of the Conservation and Coastal Management Element, is to advise and assist the county in activities involved in the development and implementation of the County Environmental Resources Management Program." See C-I - 1 , Section 1 -Goals, Objectives and Policies, 1989 Collier Gounty Growth Management Plan, Conservation and Coastal Element. D. I am presently working as an environmental consultant engaged in biological assessment, inventories and development permit applications to county, state and federal regulatory agencies. I have worked in this field since 1973. FAILURE OF THE COUNTY TO IMPLEMENT CERTAIN LAND DEVELOPMENT REGULATION: It is my understanding, limited as it is, that the growth management plan process is one in which the county, i. e., local government, once they adopt a growth management plan (GMP), must either follow its stated goals, objectives and policies, each with its' specific and . measurable due date (Objectives and Policies), or propose amendments/changes, which go through a detailed citizen and DCA review process. This amendment process, a yearly cycle, requires citizen involvement via workshops, public hearings and DCA review. -page 2 of FOURTEEN- Gtry L Beardsley 2398 13th Street North Naples,Ft.33940 • Collier County has not followed this process! Almost two years ago the Collier County Commission approved a new set of specific due dates for Objectives and Policies of the Conservation and Coastal Management Element (C:CME), a "Recovery Plan". They never even went through any amendment process, nor did they even submitt these new dates to the DCA for its required review. See Enhibit 1 , labeled by the County Natural Resource Department "Attachment A". • The Natural Resource Department (NRD) has the specific responsibility to develop/draft detailed plans, programs and to develop criteria, standards and land development regulations which will "Protect, conserve, manage and appropriately use its natural resources." Goal 1 of the Conservation and Coastal Management Element. They have been (two years), and continue, to following the revisions to the CCME per the "Recovery Plan" and not those as adopted in the CCME. The NRD, as well as the County Legal Department and Growth Management Department, have not requested nor received sufficient staff, resources, funding or direction from the Collier County Commission to: ". . . have in place an appropriately administered and professionally staffed governmental.unit capable of developing, administering, and providing long-term direction for the Cornier Environmental Resource Management Program." See Policy 1.1 .3 of the CCME. Due directly to the lack of support and direction by the Board of County Commission to both its Legal Department, its Growth Management Department and the Natural Resource Department, the Growth Management Plan is not being implemented in a timely mannor. • -page 3 of FOURTEEN- EL"�Be No 98 13th Street rth ples,FL 73940 During a regular Board of County Commission meeting, early in the spring of 1991 , the NRD staff was directed to follow, "march to; orders which in effect did away with specific and measurable date certain as Itated in Objective and Policies of the CCM Element. This, so called, "Recovery Plan" l.See "Attachment R", developed by the DRD and offered to the Commission "because they did not have sufficient staff, nor time to meet the stated and adopted dates.") was now directing the countys efforts regarding the COME. • Please note that this "Recovery Plan" took a series of eleven objectives and policies and their specified due dates and modified/changed them by moving each to a future date. This never was submit ted for any citizen review, never went through required public heal Ings, never was submitted to the DCA during a yearly amendment cycle, and never was changed in the adopted COME of the Countys Growth Management Plan. Even when asked why the county was not adhearing to state mandated procedures the county staff responded that both the "Legal Department, the Growth Management Department and the County Commissioners had stated that this is the way to go." They also indicated that it was their opinion that as long as they were moving forward, making some progress to meet the 1 994 deadline, as stated in Ob jective 1 .1 of the C:C:ME, that the DER wouldn't mind. THE COUNTY HOS ALREADY MISSED DEADLINES SET IN THEIR 'RECOVERY PLAN ': Even now, some 19 months after the Board of Collier County Commission approved the concept of a "Recovery Plan", the county has missed its "projected due dates" for most of the CCME Objective -page 4 of FOURTEEN- Gory L Beardsley 2396 13th Street North Naples,Fl 33940 • and Policies. See, for example, Objective 6.1 .1 and 6.1 .2, which projected June of 1992 as when the county would adopt this program/LDR. The COME specified August 1 , 1990 for compliance. • Philosophical Setting in Collier County, Staff and Board of Commissioners: It is important, material and central to this challange, that the OCR understand the current philosophical setting in CollierCounty, both in its staff and in the standing Board of County Commissioners. There all believe, with cause, that the DCA will not follow through on any of the Citizen Challanges. Case in point is the January 1 1 , 1991 letter, a challange filed by the Collier County Audubon Society, towards the Growth Management Plan, specifically the CCM Element. The DC:fl, in a letter dated September 27, 1991 , stated, page 1 , paragraph three, lines 2 through 11 , " If the adopted regulations (a coastal barrier and beach system management program including development standards and criteria) for dominant/idicative species for intertidal and coastal strands, due September 9, 19911 are not recieved by 5:00 P. M, October 17, 1991 , the Department will have no alternative but to initiate action in circuit court, pursuant to Rule 9J- 24.004 (5), F. A. C." See Exhibit 2-the September 27, 1992, letter to Eileen Arsenault, then President of Collier County Audubon Society. The County, to date, January 13, 1993, has not adopted the development standards and criteria for dominant/indicative species for intertidal and coastal strands and the OCR has done nothing, exactly what the county staff and Commission predicted. additional Ob jectiues and Policies of the LIME (Growth Management Plan) that have not been met: Since the Audubon Challange back in January 11 , 1991 additional, -page 5 of FOURTEEN- Garyry L Beardsley 2396 13th Street North Naples,FL 33940 dates certain, of the, Objective and Policies of the Conservation and Coastal Element of the Growth Management Plan have been missed. [WIMPLES: See Objectives 6. 1 (due August 1 , 1992), Policy 6. 1 . 1 (due August 1 , 1990), Policy 6. 1 . 2 (due August 1 , 1991 ), Policy 6. 1 . 3 (due August 1 , 1992) and Policy 6. 1 . 4 (due August 1 , 1992). There are only some of those already missed. Please refer the Exhibit 5 for a complete set, taken from the Conservation and Coastal Management Element, and provide for your ease of review, More Background: To provide a "snap-shot" of earlier indications that the county staff and Board of Commissions would not aggressively support and never intended to implement the adoped CCME Goals, Objectives and Policies one has only to review miniutes taken from a regular Board of Commissioner meetings eHpeciaily the one on November 7, 1990. See Exhibit 3-Meeting before the Collier County Board of Commissioners, transcript of minutes, dated November 7, 1990. Mr. Bill Lorentz, the Director of the Environmental Resource Division, under which the Natural Resource Department operates, stated "He [Mr. Lorentz] is behind schedule [meeing the CCME time tables] to develop [required] environmental programs, however . . . the time frames [as stated in the GOP/CCME] will be met in later years [emphasis added]." Note-County Natural Resources Department staff was at that time beginning to develop the "Recovery Plan" since they realized very early on in the process that they could not meet the CCME. stated deadlines with projected resources,staff and funding . levels. However in public hearings the NAB staff stated -page 6 of FOURTEEN- IIGary L.B,NdsMY 2396 13th Street Noah Naples,FL 33940 • that they thought that even with requested, and later approved, funding and staffing levels they would meet these GMP deadlines. a Central to this citizen challange is the fact that instead of the county developing LDR's on a phased, yearly basis, as mandated by the CCME they were only aiming programs at a 1994 time frame. The following are some of the CCME states LDR's that were to be phased over the five years: Policy 1 .1 .7 '. . . complete the phased [emphasis added] preparation and adoption of all natural resources management and environmental protection standards and criterial needed . . ." Objective 1 .3. " . . . complete the phased [emphasis added] delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPB) program." Objective 1 .3. 3 " . . . between august 1 , 1993 and August 1 , 1994, designate and adopt management guidelines and performance standars for county natural resource protection area. Implementation shall occur on an • annual basis [emphasis added] as NRPR's and their implementation criteria are developed." Objective 6.1 " . . . by August 1 , 1992, identify, define and prepare development standards and criterial for all important native county havitats [following a phased approach:] -page 7 of FOURTEEN- (�u i L Beard IeY _ 2396 13th Street north Naples,FL 33940 Policy 6.1 .1 "By August 1 , 1990 . . . intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats . . ." Policy 6.1 .2 By August 1 , 1991 . . . marine, freshwater, and transitional zone wetlands, and hardwood hammocks." Policy 6.1 .3 "By August 1 , 1992 . . . pine flatwoods and dry prairie habitats." Policy 6.1 .4 "fill other species associations . . . will be considered for development criteria) and standards [LDR's]." Policy 6.1 .5: "The above developed criteria and standards [LDA's] shall be modified as appropriate as individual watershedmanagement plans and NRPA's are developed." Note-Objective 2.1 , of the CCME requires that "Bq January 1 , 1993, the county shall prepare Watershed Management Plans . . ." These still, January 13, 1993, have not been prepared. The Board of County Commission, with the recommendation of the County Legal staff, Natural Resource staff and Growth Management staff have decided that they do not have to follow the above ,briefly described, phasing process, but instead only have to meet one ab jective, that of Ob jective 1 .1 which states" Objective 1 .1 "By August 1 , 1994 the county will complete the development and implementation of a comprehensive environmental conservation • program • -page 8 of FOURTEEN- Gar �.Besrds 2396 13th Street Orth Naples,Ft.33940 • On March 18, 1992 I submitted a narrative for the consideration of the Environmental Policy Technical Advisory Board I.EPTAB) committee, and the Natural Resource Department (a copy was sent to the Board of County Commissioners) which, I believed, simply and forcefully stated what the CCME required the county to do and why to that date, it had failed miserably, to meet its contractual obligations. See Exhibit 4- Background RE: Conservation and Coastal Element, dated March 18, 1992. 1 respectfully submit that the following Objectives and'Policies, related to specific programs, standards and c:riterial, i. e., land development regulations have not been met in a timely mannor as required by the CCME of Collier Counties Growth Management Plan: Policy 1 .1 .3 1 .1 .7 Objective 1 .2 1 .3 Policy L3.3 Ob jectiue 2.1 2.3 Policy 2.3.4 2.3.5 Objective 2.4 2.5 3.3 4.1 4.2 Policy 4.2.5 4.2.6 Ob jectiue 5.2 5.3 5.4 -page 9 of FOURTEEN- GtrL Be.rd``9y 2396 13th Skeet North Naples,FL 33940 6. 1 Policy 6.1 .1 6.1 .2 • • 6.1 .3 • 6.1 .4 6.1 .5 Objective 6.2 Policy 6.2.2. 6.2.9 • 6.6. 1 6.6.2 7. 1 . 1 Objective 7.2 7.2 Policy 7.3.3 7.3.9 8.1 .5 Ob jectiue 11 .2 11 .6 Policy 11 .6.1 13.2.7 Note-each of these Objectives and Policies has subparts that also have not been implemented per the measurable date certain. See Exhibit 5-Collier County Growth management plan, Conservation - and Coastal Management Element, 28 pages selected from the CCME Goals, Objectives and Policies. Material to this citizen challange: • The Board of County Commission has, over the past three years, over -page 10 of FOURTEEN- (23isry96 13th Str.N L 8.srds Naples,FL 33940 1 ,000 days,shown a clear pattern of failing to manage growth in Collier County or to even protect the natural resources, which looked at in sum total provide the quality of live we as citizen value. One of the main statements made by both the commenting agencies as well as the OCR during the GMP review process back in 1988, was that the measurable dates/deadlines set in the CCME were unrealistically set too far into the future to adequately address and preserve the natural resources of the county, this due to the rapid rate of growth eHperienc:ed and projected for Collier County. The current "marching orders" given by the Board of County Commissioners to county staff, specifically the Natural Resource Department, push these implementation dates evern further into the year 1994 and at the current rate of progress even these will be missed unless resources, both human and technilogical, as well as funds and support and direction by the Board of County Commissioners, is given. Even as I write this citizen challange the Natural Resource Department staff is meeting, one on one, with each County Commissioner to justify keeping the Natural Resource Protection Areas Program, one central to the county's Environmental Resource Management Program. During a regular Commission meeting held December 15, 1992, the Commission was ready to completely do away with this critical element of the CCME since, as one commission put it "Enough is enough, we already have enough of the county lands in public ownership! " Only by a slim conc:ensus was staff directed to come back before the Commission, on January 19, 1993, and "justify" the Natural Resource Protection Areas Program, i. e., argue for keeping the program in the Conservation and Coastal Element and part of the overall Growth Management Plan. -page 11 of FOURTEEN- ry I. 3es,c°:,far 96 13th Street North pies,FL 33940 Present Plans by the County Natural Resource Department: This department has not requested adequate levels of funding, staff to meet the CCME requirements. Please refer to Exhibit 6-titled Natural Resource Department Projected Hours [staff] for Fiscal Year 1992/1993. Also I have included for your review two recent NRD handouts in the EPTAB committee, these are: • 1 . Coastal Zone management Plan Chronology of Events, Major Milestones-Exhibit 7 2. Environmental Services Division Propram Plan, Coastal Zone Management-Exhibit 8 SUMMARY: The Collier County Gotiernment has, by their actions, or lack of actions: I. Have not followed the adopted Conservation and Coastal Element of the Growth management Plan. II. Approved, approximately two years ago, a "Recovery Plan" which moved certain Oo jec:tives and Policies due dates further into the future. III. This "Recovery Plan" was never reviewed by citizen of Collier in required public hearings. ID. This action by the Board of County Commissioners and staff is directly contrary to the State Growth Management Plan Amendment process. -page 12 of FOURTEEN- 391 13th Street NOrth Vapies,FL 33940 V. The Commission has no intention of phasing, on an annual basis, its Environmental Presources management Program, as required by the adopted Growth Management Plan, Conservation and Coastal Element VI. In actuality the Natural Resource Department staff, under the • direction of the Board of County Commissioners, projects that it will not ever meet the deadlines stated in Objective 1 .3 which states, "By August 1 , 1994 complete the . . . County Natural Resources Protection . . . program." • Vl I. Valuable habitats, with their important and critical associated functions have been lost in Collier County due to the failure of the Board of County Commissioners to provide appropriate • and required direction, build concensus and adequate funding and staff for the county to develop and draft/implementation stategies which will manage growth while still maintaining important natural resource functions. Projected Growth in Collier County and the status of unplatted land-R vision into the future: Our own Growth Management Plan states, and this is confirmed by the Draft Lower West Coast Water Supply Plan, developed by the South Florida Water Management District, projects that the total population of Collier county, by the year 2020 will be 583,000 people. These same two reports also project that all of the "vacant land", i. e., shown as in the Ag (inactiveZoning Overlay, a holding category, will be gone within 16 years. I request that your department, the DCA, review the record of the- County, esdpecially areas already challanged by the Collier County Audubon Society and left unanseered and the continuing and more -page 13 of FOURTEEN- ±ary4_h��ArrtY 39 i3th Street North laplea,FL.33940 recent failures of the County Government, i. e., the Board of County -Commissioners, to meet it obligations under Chapter 163.32302 F.S. and other provisions of the State of Florida's Growth Management Act. I, and other citizens who have expressed to both the Commissioners , to Citizen Advisory Boards (EPTRB) their concerns relauant to missing Growth Management requirements, and to me, would hope for and appreciate a timely review and response to each and ever specific isssue brought in this and other past citizen challanges.. spectf II , Gary ee Beardsley 01, Resident/Voter ��E` _ �`��/ 2396 13th Street, North ?)26,1-1/ L?� Naples, Collier County, } Florida 33940 1*(�` hie? TEL (813) 263-0077 (work) " 263-2827 (Res.) FAH 263-0077 (auto-switcher) Enclosures-eight Exhibits Copies to: 1 ,000 Friends of Florida (Richard Grosso) Sewell H. C:orkran- County Citizen Activist Political Action Committee (Tokio Tammerk) Collier County Audubon Society (John Douglas) Don Segreto-County Citizen Activist Mat Tari-County Citizen Activist Collier County Board of Commissioners (Chairperson: Mike Volpe) • -page 1 4 of FOURTEEN- I/11/93 1 ORDINANCE NC . 93-3 2 A COUNTYWIDE ORDINANCE OF THE BOARD OF COUNTY 3 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO BE KNOWN 4 AS THE PALM BEACH COUNTY WATER AND IRRIGATION 5 CONSERVATION ORDINANCE; PROVIDING FOR A SHORT TITLE; 6 APPLICABILITY; AUTHORITY; PROVIDING A PURPOSE; 7 PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTIONS; 8 PROVIDING EXEMPTIONS; PROVIDING FOR ENFORCEMENT; 9 PROVIDING FOR VARIANCE RELIEF; PROVIDING FOR REPEAL AND 10 REPLACEMENT OF ORDINANCE NUMBER 91-52, AND REPEAL OF LAWS 11 IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 12 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND 13 PROVIDING FOR AN EFFECTIVE DATE. 14 WHEREAS, Chapter 125, Florida Statutes (County Government) 15 authorizes the Board of County Commissioners to enact those 16 regulations necessary for the health, safety and welfare of the 17 citizens and visitors of Palm Beach County; and 18 WHEREAS, the rapid growth of Palm Beach County has placed and 19 continues to place a substantial strain on the water resources of 20 the County; and • 21 WHEREAS, it is the policy of Palm Beach County to conserve and 22 protect its valuable and critical water resources; and 23 WHEREAS, the South Florida Water Management District has 24 developed a "Water Conservation Plan", for the conservation and 25 distribution of water resources; and 26 WHEREAS, it is the intent and policy of the Board of County 27 Commissioners of Palm Beach County to ensure the continued health, 28 safety, welfare, and quality of life for the existing and future 29 residents and visitors to Palm Beach County by assisting in the 30 conservation of its water resources; and 31 WHEREAS, the Board of County Commissioners of Palm Beach 32 County finds that it is in the best interests of citizens of Palm 33 Beach County to enact a countywide ordinance imposing permanent 34 restrictions on landscape irrigation; and 35 WHEREAS, on December 17, 1991, the Board of County 36 Commissioners of Palm Beach County enacted Ordinance Number 91-52, 37 a countywide ordinance imposing permanent restrictions on landscape 38 irrigation; and VI . a . ( 2 ) 1 WHEREAS, Ordinance Number 91-52 provided for enforcement 2 through the Groundwater and Natural Resources Protection Board; and 3 WHEREAS, enforcement of water restrictions may be made more 4 efficient through the use of a citation system; and 5 WHEREAS, Section 162.21, Florida Statutes (1991) provides 6 local governing bodies with an additional and supplemental means of 7 enforcing county codes and ordinances, through the use of a 8 citation system; and 9 WHEREAS, Ordinance Number 90-45, as amended, implements the 10 provisions of Section 162.21, Florida Statutes (1991) , and 11 establishes a citation system for Palm Beach County Code and 12 Ordinances; and • 13 WHEREAS, use of the citation system will allow the imposition 14 of civil penalties for violation of the provisions of the Water and 15 Irrigation Conservation Ordinance; and 16 WHEREAS, the imposition of civil penalties for violations of 17 the Water and Irrigation Conservation Ordinance will protect the 18 water resources of the County. 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OP. PALM BEACH COUNTY, FLORIDA, that: 21 Section 1. SHORT TITLE; APPLICABILITY; AUTHORITY 22 1.01 This Ordinance shall be known as the "Palm Beach County :3 Water and Irrigation Conservation Ordinance". 24 1.02 All provisions of this Ordinance shall be effective 25 within the unincorporated areas of Palm Beach County, Florida, as 26 well as those incorporated areas not subject to municipal 27 regulation in this area, and shall set restrictions, constraints 28 and prohibitions to enhance the County's water resources and 29 provide a permanent water conservation measure. Unless otherwise 30 provided, nothing in this Ordinance shall be construed to relieve 31 any person from compliance with any applicable regulations enacted 2 I - � 1 11 by the County or any municipality, district or other political 2 ( subdivision of the State of Florida. 3 1.03 This Ordinance is adopted under the authority of 4 hArticle VIII, Section 1 (g) of the Florida Constitution, 5 ( Chapter 125, Florida Statutes (1991) , and the Palm Beach County 6 Charter. 7 Section 2. PURPOSE 8 This purpose of this Ordinance is to establish a regulatory 9 framework and guidance document which will help ensure that water 10 and landscape irrigation conservation will be consistent throughout 11 Palm Beach County. 12 Section 3. DEFINITIONS 13 3.01 The following definitions shall apply within this 14 Ordinance. 15 (a) Agriculture. The growing of farm products including, but 16 not limited to, sugar cane, vegetables, citrus and other fruits, 17 I pasture land, sod or nursery stock including, but not limited to, 1 18 I ornamental foliage and greenhouse plants. - 19 (b) Code Enforcement Officer/Code Inspector. Any authorized 20 agent or employee of the County whose duty is to ensure compliance 21 with the provisions of this Ordinance, including, but not limited 22 to, law enforcement officers and designated employees of the 23 Department of Environmental Resources Management, Cable Television, 24 Water Utilities and Planning, Zoning and Building. 25 (c) Impervious. Land surfaces which do not allow the 26 penetration of water including paved roads, sidewalks, driveways, 27 parking lots and highly compacted areas including shell or clay. 28 (d) Irrigation. The direct application of water by means 29 other than precipitation. 30 (e) Irrigation systems. Equipment and devices which deliver 31 water to plants being irrigated including, but not limited to 3 i . 1 1 pipelines, control structures, pipes and ditches, pumping stations, 2 emitters, valves and fittings. This does not include the transfer 3 of water through water management systems from one location to 4 ; another. 5 (f) Person. Includes any natural person, individual, 6 public or private corporation, firm, association, joint venture, 7 partnership, municipality, governmental agency, political 8 subdivision, public officer or any other entity whatsoever, or any 9 combination of such, jointly or severally. 10 Section 4. RESTRICTIONS 11 4.01 Irrigation of any residential, commercial, 12 institutional, governmental or industrial landscape areas shall be 13 restricted to the hours of 5:00 P.M. to 9:00 A.M. 14 4.02 It shall be unlawful to operate or cause the operation 15 of any irrigation system or device in a manner causing water to be 16 wasted, including, but not limited to, unnecessary watering of 17 impervious areas, other than that which may occur incidental to the 18 proper operation of the primary irrigation system. • 19 4.03 Upon the effective date of this Ordinance, new 20 installations of automatic irrigation systems shall be equipped 21 with a water sensing device which will automatically discontinue 22 irrigation during periods of rainfall. 23 Section 5. EXEMPTIONS 24 The following activities shall be exempt from the provisions 25 of this Ordinance: 26 5.01 Landscape irrigation by hand watering using a self- 27 canceling nozzle. 28 5.02 Landscape irrigation by systems from which the sole 29 source is treated wastewater effluent. 30 5.03 The operation of irrigation systems for system repair 31 and maintenance. 4 1 5.04 Flushing of water mains required for normal water main 2 clearance and maintenance and for maintenance of water quality; 3 however, where_practical, contractors and utilities shall direct 4 flushed water into pervious areas, flush at the minimum rate 5 necessary for cleaning and disperse the water in such a manner to 6 benefit local vegetation. 7 5.05 Landscape irrigation for purposes of watering in 8 fungicides, insecticides and herbicides as required by the 9 manufacturer or by federal or state laws; however, this exemption 10 applies only to licensed pest control operators and shall be 11 limited to manufacturer's recommendations. 12 5.06 Landscape irrigation for the purpose of watering in 13 newly planted grass and foliage for the first forty-five days after 14 initial installation. 15 5.07 Irrigation activity for dust emissions required by court 16 or administrative action. 17 5.08 Agricultural irrigation where the use of water is 18 permitted by a consumptive or water use permit issued by the 'South 19 Florida Water Management District. 20 Section 6. ENFORCEMENT 21 6.01 Failure to comply with the ,requirements of this 22 Ordinance shall constitute a violation of a County Ordinance, and 23 may be punished as provided by Section 125.69(1) , Florida Statutes. 24 6.02 Violations of the provisions of this ordinance may also 25 be punished, pursuant to Section 162.21, Florida Statutes, as a 26 civil infraction with a maximum civil penalty not to exceed five 27 hundred dollars ($500.00) , as set forth in Ordinance Number 90-45, 28 as amended - the Code Enforcement Citation System Ordinance. 29 6.03 Each day in violation of the provisions of this 30 Ordinance shall constitute a separate offense. 5 • 1 6.04 In addition to the sanctions contained herein, the 2 I county may take appropriate action, including but not limited to 3 Iladministrative action and requests for temporary and permanent 4 injunctions, to enforce the provisions of this Ordinance. 5 6.05 All monies collected pursuant to this Ordinance shall be 6 deposited in the Palm Beach County Pollution Trust Fund or such 7 other place as may be designated by Resolution of the Board of 8 County Commissioners. 9 Section 7. VARIANCE RELIEF 10 7.01 Any person affected by the provisions of this Ordinance 11 may make application to the County Administrator, or his designee, 12 for a variance, if compliance would impose a unique, unnecessary 13 and inequitable hardship on such person. Relief may be granted 14 only upon a demonstration that such hardship is peculiar to the 15 person or the affected property and is not self-imposed, and that 16 the grant of the variance will be consistent with the general 17 intent and purpose of this Ordinance. Any application for variance 18 I or appeal shall be sent by certified mail, return receipt 19 requested. 20 7.02 Upon received an application for variance, the County 21 Administrator, or his designee, shall render a decision on the 22 variance within ten (10) working days. Denials of variance relief 23 may be appealed to the Environmental Ordinance Appeals Board within 24 twenty (20) days of such person's receipt of the notice of denial. 25 7.03 An application for a variance, and/or the granting of a 26 variance, shall operate prospectively, and shall not affect any 27 pending enforcement action against the property owner pursuant to 28 the provisions of this ordinance. 29 Section 8. REPEAL OF LAWS IN CONFLICT 30 8.01 This Ordinance repeals and replaces Ordinance 31 Number 91-52. 6 • 1 8.02 All local laws and ordinances enacted by the Board of 2 County Commissioners of Palm Beach county, applying to the 3 unincorporated and incorporated areas of Palm Beach County in 4 conflict with any provisions of this Ordinance are hereby repealed 5 to the extent of any conflict. 6 Section 9. SEVERABILITY 7 If any section, paragraph, sentence, clause, phrase, or word 8 of this Ordinance is for any reason held by the Court to be 9 unconstitutional, inoperative or void, such holding shall not 10 affect the remainder of this Ordinance. 11 Section 10. INCLUSION IN THE CODE OF LAWS AND ORDINANCES 12 The provision of this Ordinance shall become and be made a 13 part of the code of laws and ordinances of Palm Beach County, 14 Florida. The Sections of this Ordinance may be renumbered or 15 relettered to accomplish such, and the word "ordinance" may be 16 changed to "section, " "article, " or any other appropriate word. 7 1 I I 1 Section 11. EFFECTIVE DATE 2 The provisions of this ordinance shall become effective upon 3 receipt of acknowledgement by the Secretary of State. 4 APROVED AND ADOPTED by the Board of County Commissioners of 5 Palm Beach County, on the 19th day of 6 January , 1993 7 PALM BEACH COUNTY, FLORIDA, 8 BY ITS BO D OF COUNT?. OMMISSIONERS 9 By l •, 10 Clleirm n 11 ATTEST: U • LERK,� 12 MILTON T. BAUER, CLERK DOROTHY H.'Bo rdotCowl4aILCmmlie's Hers By DE? • 1LLeAlo 13 14 By: Deputy Clerk ' 15 APPROVED AS TO FORM AND 16 LEGAL S FICIENCY 17 le I ,, .0 1 11 18 COUNTY A TORNk. 0 19 Acknowledgement by the Department of State of the State of 20 Florida, on this, the 1st day of February 21 19 93 22 EFFECTIVE DATE: Acknowledgement from the Department of State 23 received on the Sth day of February , 19 93 , at 24 11:31 A•,M. and filed in the Office of the Clerk of 25 the Board of County Commissioners of Palm Beach County, Florida. STATE OF FI_O�IUA,C31ArtY O:F PALM BEf,CH DOI,O+;is(H v,/iLK 1N, E:,•.!d cl C:. ;;,ro,messa;nai-.: ,:i"y I i y4 a, tn:e n r.d ccri ^')y DI ie o%i5 tiai iiiec ie n,y blfic3 y - on 4-1 DATED at Wes.Par B4ac ` L or t e/ i. DOROT' r ILKEtit 26 fIrrigaC2.OrdJ � 4 8 • / f---- TROPICAL L'N‘ IRONMEN rAL 1) )( 11 "161 I'd coNsuLTANTi (:. r 1 2396 13th Street, N.it le. ., 1 "nit / 4(‘ Nailles,Flortdo 3 it)40 fit' Phone&1ax("; 1‘ ::(>1 V-7 flE2MZEID3 1 ut a a DIM //144i://7 k L / TOC/IVOCHlail i --/7)4 0, ; -•-•,74,th ) 777 e''''' e ' RE:iSIIIIJF(T: F.......-/- 7-4:6 -,1",?14-. ',*.-> - 744- 4 Etr_g_tiff: IIISE APPRODIfil C.AMMENTI i - 1'4) / )(_ .1111 / /—..- WL,., l'4 Kr?/7/4?'re' ,,.• :.7' /''/ / ?4, i 17144*/..4 ) -- ki '41-1017// ,/,/ 4i7.1.--1114 ' , ) i, ,,., a'ix fAi°,4/ejr , el 'Il)/17 47(42 5 Cd1e.AA f / gfi ""e)-, ' >,Ch/9;/' 7 '' ‘' 4 '/' :-.. //i/ /al '.... f; • 44 e 9i I .Al:/ It) I ?1,41/1.(111 lie 1::?itr' '1 11,,X.,../ /;'" .4"e•3 de 1 -''' .50r. , - • / .e° ?roil( i 4 w7 ,/,:f,,,i,e,..1 /,0 -/-,.,, -,,I ( y*,/y-)., 7- 2/-*/ /,)et 4,44) --e'vi-esi— i:---;)--).:,7,—);,4 ! .9 .4. - - ••./., -2 4 ie. fr.r ..p.,..7.1i, 40''. . ,,,,k7e-- /.e",(,)7d* ni-...L(2(62-Z _CO94/77eVia, -- ./tW -- ,/,-f,7i .. 'f ni,nr.t! Invcr•orics • .; I v, 1'1 'fill IL: . li!;• ' I I' Irlerwil Impact Studiei -,,, :. .rIN t,i Reit., ,ion ____ __ -.-. -- - ' , „ i LY " -',i/ 4/ ' / ,•)? 66/4de Pir'?-di '' ' ...11// fjgo e4171?:/ 77/. t -- 777:1.15?-1r ;.-1,•,.. , - - - .., -.. 00.....•....a.a..............A., '.'l ..: ',17: �E)) CE ii tir).1 if ) r"PT: 12/7/92 f�-i� lc fr== -< LOVED: 12/21/92 r ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD DginPrtemt MINUTES OF DECEMBER 7, 19922 Present: David Addison Glenn Simpson David Lan =) f . David Maehr Stephen Means Larry Richarsoj w ,, Robert Duane Mike Davis Nancy Pay^ o'(pn� ti ikib - ...:r1 Staff: Bill Lorenz Fran Stallings Kevin Dugan itAL RE5L). _1„)Dick Hartwell Mac Hatcher Gail Gibson TJ'AQE r`r , George Yilmaz Robert Wiley ME's %; Public: Virginia Corkran Chris Straton Ben Vanderford 1. The minutes from the November 9, 1992 and Novemier 23, 1992 were unanimously approved with the corrections to the November 9, 1992 made during the meeting on November 23 , 1992 . 2 . Old Business: Bill Lorenz briefly outlined a timetable to present the Habitat Protection Ordinance to the Planning Commission by Januar.• 23 , 1993 and discussed the changes suggested by the County Attor-. s Office to date. Steve Means presented the current stormwater management standards of the SFWMD and pointed out that courts had ruled that the current SFWMD engineering criteria "will not cause adverse impacts on surface and groundwater levels and flows. " Staff was requested to return with a proposal to address the GMP Public Facilities Element Natural Ground Water Aquifer Recharge Sube?ement Objective 1. 5 to protect high natural recharge areas. David Maehr suggested changes to allow public input during the discussion phase of presentations. A suggestion was made to instruct the public on discussion procedures at the beginning of the meeting. 3 . New Business: The December 21, 1992 meeting will include an update on the Habitat Protection Ordinance and protecticr mechanism alternatives for the NRPA's. 4 . The meeting was adjourned with unanimous approval. 'YR. - 4.4, rt 3374prfortn Handouts_ N� ?•e'-'1. FAC 40E-4 . 301 Coniditions for Issuance of Permit (SFWMD) 2. "Basis of Review for Surface Water Management Permit Applications \ \, `,` � within the South Florida Water Management District" (B-13-B-16) .! � '''.)11-r - 1 , „ j /"1 . f jai,^^ , )7 1/ l 4kl flit f ' 11,- ,ti` re• ( t/_ 1 ;may /./Jy/..�/j)y./ . , <.' ? 1f / 6./ r ,, 4)4irI4 is f.• ff :- e (.b�tt�/e#::, ;{.. ,w. _....�.. . _,,..._.. ........ ... ..._.. . . ..� ._, • / ijih.c. 4v/L6A✓7-- y .'" f..,• z !:!--.1-- 1 . 9 Syn/ ' „-) 4 NAPLES DAILY NEWS Sun., Nov.29, 1992 1 17G r%� 1 , ti- !mak' I Massachusettspurc s s land for conservation hopes to sell the remaining acreage to Massachusetts By SUSAN DIESENHOUSE next year,Harutian said. N.Y. Times News Service Another bargain purchase was Ellisville Harbor BOSTON—Massachusetts is taking advantage of Beach in Plymouth, about 60 miles southeast of Bos- the decline in property values to buy land for conser- ton. In fiscal 1991, the state bought the 100-acre vation at bargain prices. beach for $860,000 after the failure of its developer The purchase prices are coming from a and the creditor, the Bank of New England. Five $650-million bond issue floated this year by the state. years ago, the property was valued at $5.2 million, In 1987, the legislature authorized $500 million for said Melanie Hagopian, counsel for the state's De- open space in the succeeding five years.So far,it has partment of Environmental Management. spent$175 million. With fewer'developers able to buy or build, state "As the real estate market has weakened, we conservation agencies seeking property have less have been able to buy more acres for fewer dollars," competition and more time to acquire prime sites. said Andrew G. Greene, assistant secretary of the More and more, the state has also taken advan- Executive Office of Environmental Affairs, the tage of distress sales by troubled financial institu- , state's principal environmental agency. tions and federal agencies, said Robert Wilber, who In fiscal 1992, which ended on June 30, the state aquires land for the state's Department of Environ- bought almost 10,000 acres of open space for $18.5 mental Management. million. In 1989, it bought 12,700 acres for $46 mil- Despite its good fortune, the Office of Environ- lion,Greene said. ; mental Affairs still has some large but unfulfilled The latest purchase, made in October, was of a plans,Greene explained. pristine 24.2-acre gorge on the Blackstone River near the Rhode Island border. The land will become part It would like to form a swath of public open space of a park that will straddle the border. The property, on either side of the 81-mile Charles River from Hop- in the town of Blackstone, about 20 miles north of kinton east to Boston Harbor.So far,the state has as- Providence, R.I., was bought for $260,000 from the sembled a 35-mile riverway corridor from Boston to Blackstone Smithfield Corporation, a residential de- South Natick by exercising its existing jurisdiction veloper based in North Smithfield, R.I. The Conser- over the property. But to complete the greenway vation Fund of Virginia contributed the purchase. $38,000 toward where it does not have jurisdiction, it must spend$20 - - million for new land. In 1987, Blackstone Smithfield paid $2 million for The state also hopes to assemble a 12-mile a 240-acre parcel that included the gorge,then worth stretch of beach from Boston's Dorchester neighbor- about.4720,000, said Armen Harutian, a corporate hood south to neighboring Quincy.Most of this narrow partner.It planned about 45 one-family homes and 28 strip of waterfront is already under state control.But condominium units there, but the weak real estate the commonwealth must purchase five more acres at market aborted the project. a cost of about$2.5 million to complete this beach for Last December,it sold 120 acres of the river land public walkways, bicycle paths and recreational for the border park to Rhode Island for $540,000. It beaches. TROPICAL EN :)\MENTAL CONSULTANTS f �f , �� 2396 13th Sr . \. . t , , (�1 , C 4.1 A Cr 1 / 9/ale') I ,// :,1f / :-/../1-6? rte„ �eJ ' J e,�- •��, .� !x � /447. 4.1 J s 1�.. ` s r / 4YØ2'. �' t lt' / , t�, /'�' ii - - • ,:y. , ,i/c-_40& :."6,0---a.,)//v/tio/ ) Ilk .1 ,4".if //), e rn /11),/,& r'. /2,4"kJ/ .4 rc RE:ISRRaECI: l,i, / / r? —.. , j,.. ,,,7 r ►: ffiE_ ur= � USE E) HPPR0116�L c`` t:�?M IE' y s r' //) f P.491- 41)04/1/7 e3 e { ', ) S 4. )- 2",--,-- ey . '45)/1,,,,s, / >iC-. 1 c .74- / ) '� , }-.. ' .// I • �fII f/O ,�/�' 7!JL' .IL `/ ! 1 i/c, f/.-e / '•"r' ! ' .` r '(►" I / � _ /1"?'"1/3:1e:-I 7 ':-., 7—q/0 rxa-prA, ,.,-, -e--) c.; .,;,«),--p.. 70-4,...„.!„:-..-, :.:. . ,„ / , A)7 1,):-07 -11-ern" 7re .. ?c'fr-j)--- ,Pece---. 4. 7)..'.. 17r "7-A '44 Rp., ,,,, ,--,,,, ,,\ , ., . er, ).. ) :?„.. .,,,,t,, , ,,,,i2,. 1,./..i''. r •J • 2ie.,e1. 9e401„.,i) 4,7./.!- 1 ,,, , - - - I ‘l . f.-.. /";,e--1././1 r gri / /1'2)17 a 1/2.7(,ef 7i"0 7/7 J is 41: • ii„,14.-„, .r, ,.... ,, es/(4....... ,,, , • ,: ,-,-,r/e—• &/esi,M?.,./,1 ,,,,,/ ,___ -7( 4-, I :1;71,(.0 4)- /feet. ) Iff-f .' 7 i 7,e, n7ie.i,i7y,5,.. c .. ) 4 , . . 1 ,,,IP) i',.‘• . `'' '4 e7'� ': '41;' 201 . , J.'''.1a,t . .r/ . 2 ,i- rr: /nv,.,v.roc: C✓G!_1 — -. / / - ..r'.,! Jmir-)C(..'t.... r _ /__ / -._ ,01-7,-- 714-477 ii",:(1,-77.7 (-- . , 1 ifti ifi i , , ir , ' IF etww,(1( ,igl) - A. /1)740 /i. , •' D f r 7w / 1� /J ) 11*;: APPROVED: ' Trick r -1(!' '. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD L- \\ - “ - MINUTES OP DECEMBER 21, 1992 • � . — • esent : David Addison Glenn Simpson Tony Pires David Maehr Robert Duane Mike Davis f,,�i ' ` Gary Beardsley --�•-"'N') '• / Absent : David Land Steve Means Nancy Payton ' .� Larry .Richardson__ ; Staff: Fran Stallings Kevin Dugan Dick Hartwell Mac Hatcher Maura Kraus Jennifer Staiger Doug Suitor IPublic: Ronald Fowle Chris Straton James Olsen 1 Christine Ramsey \. 1. The minutes from the last meeting were approved unanimously with amendments (list of handouts and citation or t e Growth Management Plan added) . .! f' fes] '` r( _J/4 J�r , ,AS f..1 ./ ii, !i_•:/•.r 2 . Old Business: Fran Stallings d scussed the Habitat Protection Ordinance. He expla'ned that the Ordinance has been held up in the County Atto net's Office. EPTAB members agreed to draft a letter to th Board of County Commissioners stating their concern with the County Attorney's Off ice ha d))n of the Nabi t PF otection Ordinance. // I N, j ,r� " ,--i re"•r . .,I-Z 1/.,/7rr /qq J Fran Stallings discussed the upcoming one-an--one meetings tr"t with each County Commissioner in January. Mr. Stallings, Mr. �� /' ? �°/ ` , , Lorenz and Mr. Blanchard will explain why the NRPA Program =, /y,1 , should be approved by the Commissioners during their meetings • ,./1 ' with each Commissioner. E PTAB will draft a letter of support i- ?/ j� to ,preriNak §ented ,4, 1 Bol` j_ n J nu ryll9th �'� '� - • < riff ' , � MauraKraus discussed t Technical Reports !! .,,� p is of the Coastal �� Zone Management Plan.. Maura requested that EPTAB review these Reports and comment on them at the next EPTAB meeting. - z t,�./f� g / Fran "Stallings commented on a letter of concern from the President of Seagate Property Owners Association. Mr. Stallings explained that Seagate and Pelican Bay owners will : / be informed in late January about the Clam Bay proposed NRPA. . :'. r ji) itif9;''''" f././) r et if ir , , . l / •"/j;.)1;;. rt'; f.,,r - .,, .. t'' / . — i 1 I Gary 1. Beardaky / = 3th St" North !IaPrs.fl 33940 ,C Y /'l� �t�" ' ' 'r f 'C 's+r�!�r.4i r' , �J. .. . (' '17r1 / / . ' ,`ecii , 3 . New Business: Items recommended for discussion at the January 73 , 1993 meeting: a. Tony Pires to draft County Attorneys Office letter of concern to be approved by EPTAB. b. Comments on the Coastal Zone Management. Plan Technical Reports to be presented. , c. Fran Stallings to brief EPTAB on the one-on-one meeting with the County Commissioners involving NRPA. d. Comments by EPTAB on the Golf Course memo to be presented. e. EPTAB to discuss upcoming January 19th, Board of County Commissioners NRPA presentation. 4 . The meeting was adjourned with unanimous approval. • pe ihr-77.1 ,.e,-,15, ,ifrl y / -1�- c . .-/1/), /2_,Ited__Z 1,1) ,- )>,"-- .", ;A./ :4,,,,:ri,,... .-,, 1.1 1 )(47/,((:: ' piodi •.-. .3.)r,rt ,-.... ,,001 i l- ' .M.'" t-_3 ?. 74r14 q ), :� r /; ':-.7'_ )71/ Ar 400 f � �'? �f-1 ,,{',, R� ,yam- �4 . , LI", ,r,,g,' , - ,_ j fr:i.e.. 1,,,,-5.- ,/,‘ ,/f ,,) __ ,, .1 ..,- . i, (// ,,,,/,-,,,,e -yl; . • _.... k,/,x-,4,...-.&-..r 4i je,/,,i4r000.,11_ ) •--f ✓ dL.< y /r f --'". 7 ' 1 ,,, . ,r ,.• .,/,,„:-.7 .,,..,,,, . .- ,,,,,,,„7:,,,,,,7r;,,,,, . „....-2 r .,#,--„-,-- 1 - .1,/ --77 o'ielc e.o.e .'"'"%:7,,'''' - ,)‘,e,- ;/ J J X - 4fgr'-1,,1 .ate e'. /(13.-`,1-'.';t,I ie ./ I `�/ I� /I f�I }il,;/1i ..rte "'Ai .- '1 .r .!/: 11f1 It' z) )f 4 , =1..- ,�•. ' e eofit f � 1 1 "� v1, (74J.xl),#-f7. ' �q c The9 roup did not have time to finish the criteria Agenda foror work on January the tes6t ap. 993 Therefore, the following will be placed on t meeting: 1. Telegraph Swamp 2. CREW 3. Large Wetland!tipiand Systems 4. Rarity 5. _ Vulnerability 6. Connectivity (hydrologically and biologically) 7. Endangered, threatened, species of special concern / Areas of Critical State Concern 1l" v/Nrg--' Other Criteria 10. Test Map The next meeting is scheduled for Wednesday, P January 6i E99lcl3, 10:00 am 12:00 pm, ces at the Nature Conservancy's Environ The meeting adjourned at 12: 15 pm. -_______„ Action Items: SFWMD Staff Obtain: \,\ J 1) Invitation letter for CREW I 2) Cooperative agreement with Lee and Collier counties/CREW 3) SOR five year plan 4) CREW enabling legislation All_Members 1) Review criteria discussed and add/revise before the next meeting. 2) Gary Beardsley to provide copy of Land Development Regulations for Big Cypress to District staff. - j �� \---_______ . . L 40 41- , a; r illq ,,77a:// (0/ -* eJ ........_..., .„:„7......4). . ,..... :, ____.._ , 7 . pi fal..4/ i/g ,-,_),1.) )-_-.,,i . , Cl /diffrr r y n-n-il .7,_ -). /Yie,4) ,)-zz, --.71. -, efri4( 7-A15 4.c.‘,.f- m , /,,,,,e,, 4. i)/t4 /11 7--4_-L.f: . c7-----.— .6_r , frif a L.),_id(i� ---F-A . /2 tii4 he Ire'- , 4- . ' ksl i u -3� /( Ir : rl, Il 6)init.' 17 �r ' / / f /{Jf f Fax Transmittal Memo 76._ 0 he .,PQs . .3,, °/z/�.8 Tope To { 4 ,4.v :57/Z e-„L/5'3 From '7-eV/ j P1g c°' "1 /1/AY) 1"III ' 6vvy Lcompany c I r Y �'�'1'/ �x8r.�n /Y/C Lo 0, Dept Cham Fax# 9 /21 ......7222_ T9.90. m Fax Telephony! <.,•g ditty 1// )4( -Ay Disp00Des:ray 3at�rrL ;,P 1C-p c,01 (a rs ,yTs /6.9.5•> /� 12�C ti, n./* 9 r IIct - //r1 66k0 5•6/(1 30 ,16. • zt 64/0v li--/36 6%/77 • lek er (/ //Y-3 ,,Tx4 kc, ? ~RAIG R. WOODWAP ARD 6.1tidaaile(ipgit/ft,oMARK J. ANSHANNONN WR+.. ANDERSt,, ANTHONY P. PIRES,JR. STEPHEN J. PETERSEN' I '4..,--? JOHN A. NOLD•' ATTORNEYS-AT-LAW J.or COOUNSELUNSEICHRISTOPHER IOWE: OF December 23,. -1992 .. Kenneth Cuyler County Attc •ney Collier County Governr;cnz Complex ; 3301 East Tamiami Trail Naples, Florida 33962 _____- Re: Coordination review efforts of draft ordinar. e .,y EPTAB Dear Ken: The Environmental Policy and Technical Advisory Board ( EPTAB) h-s discussed the issue of the review of their work by the County Attorney's office and, due Lo concerns regarding your oftic s reviews of the various draft ordinances within the purview c;F Its jurisdiction, EPTAB has requested that this letter be forwarde i to you . The experiences of the various members of EPTAB in the private sector have been that working closely with any attorney or counsel appointed, hired, or retained by a client maximizes the efforts to achieve the client's goals . As part of this effort, the attorneys become familiar, not only with the legal issues, but also the business, policy and other issues that may come into play and be involved in business matters. As a result, we believe it would be most helpful that an Assistant County Attorney be designated to work closely with committee and with the staff of the Natural Resources Departmei when we are formulating draft ordinances to timately go to tl CPC and BCC. We believe that this would be most efficient and r,void the "ping-pong" type of effect that could occur by having your office review "cold" drafts of ordinances without understand.ing the context within which the ordinance was created. This would also allow and facilitate the exchange of ideas and the requests for information that ultimately result from these ordinances being forwarded to your department. Your response and consideration to this in an expedited fashion would be greatly appreciated, as we have many tasks ahead of us in the upcoming t year. Sincerely, t A‘riells \ APP:lph ---- - -—__—J cc: Board of County Commissioners PLEASE RESPOND TO: 0 Marco island Office t 0 Pelican Bay Office *Also admitted in Iowa "Also admitted in Kentucky I. -S/5. DRAFT: 12/21/92 APPROVED: 1/26/93 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF DECEMBER 21, 1992 Present: David Addison Glenn Simpson Tony Pires David Maehr Robert Duane Mike Davis Gary Beardsley Absent: David Land Steve Means Nancy Payton Larry Richardson Staff: Fran Stallings Kevin Dugan Dick Hartwell Mac Hatcher Maura Kraus Jennifer Staiger Doug Suitor Public: Ronald Fowle Chris Straton James Olsen Christine Ramsey 1. The minutes from the last meeting were approved unanimously with amendments (list of handouts and citation for the Growth Management Plan added) . 2 . Old Business: Fran Stallings discussed the Habitat Protection Ordinance. He explained that the Ordinance has been held up in the County Attorneys Office. EPTAB members agreed to draft a letter to the Board of County Commissioners stating their concern with the timeliness of the County Attorney's Office in its handling of the Habitat Protection Ordinance. This document was turned in to the County Attorneys Office by the Natural Resources Department in March, 1992 . Fran Stallings will discuss the upcoming one-on-one meetings with each County Commissioner January 11 and 12 , 1993 . Mr. Stallings, Mr. Lorenz and Mr. Blanchard will explain why the NRPA Program should be approved by the Commissioners during the next January 19th Board meeting. EPTAB will have a representative at this meeting to present a formal letter of support for the NRPA Program. Maura Kraus discussed three Technical Reports of the Coastal Zone Management Plan. Maura requested that EPTAB review these Reports and comment on them at the next EPTAB meeting. The final version will be sent to the County Attorneys Office in March 1993 . Fran Stallings commented on a letter of concern from the President of Seagate Property Owners Association. Mr. Stallings explained that Seagate and Pelican Bay owners will be informed in late January about the Clam Bay proposed NRPA. Fran Stallings announced that Veronica Fasselt, EPA, will make a presentation to the Board about the "Advance Identification" (ADID) assessment of wetlands program on January 19 , 1993 . Dave Maehr updated EPTAB on projected dates that a series of Florida panther publications and maps will be issued. Glenn Simpson explained that he was working with some owners on the "Purchasing Rights" concept. Gary Beardsley announced that FGFWFC habitat map should be released soon and the SFWMD ONS subcommittee is completing a "Outstanding Natural System (ONS) map soon. Fran Stallings introduced two new temporary NRD staff, who are conducting the mandatory boat study. (Doug Suitor and Jennifer Staiger) . Ronald Fowle, public, commented on the use of "walmerized" wood on boat docks that are toxic because of the chemicals used in the treatment process. 3 . New Business: Items recommended for discussion at the January 13 , 1993 meeting: a. Tony Pires to draft County Attorneys Office letter of concern to be approved by EPTAB. b. Comments on the Coastal Zone Management Plan Technical Reports to be presented. c. Fran Stallings to brief EPTAB on the one-on-one meeting with the County Commissioners involving NRPA. d. Comments by EPTAB on the Golf Course memo to be presented. e. EPTAB to discuss upcoming January 19th, Board of County Commissioners NRPA presentation. f. Glenn Simpson will complete a NRPA overview and present this to Dave Maehr at the next meeting. 4 . The meeting was adjourned with unanimous approval. \ 2 2-1 1R2- %ad vkl, Q 117-buJQ_ Cr4 LO Pr-_- (-C Y ----`1Y(2o i ) (2. 3r) 221.4c. iic44 o x.) c. kJ 4, 0 4 F-5 Q 5 eN ►✓ ffs t I li cet1.5 t� Ch Stf& 7 ENVIRON%—i TAL POLICY TECHNICAL ADVI-dRY BOARD AGENDA DATE: December 21, 1992 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I. Call Meeting to Order II . Roll Call III. Approval of Minutes - December 7, 1992 IV. Old Business a. Update on Habitat Protection Ordinance changes b. Potential protection mechanism alternatives for NRPA's c. CZMP Implementation V. New Business VI. Public Comments VII. Adjournment YATURAL RESOURCES DEPARTM ' MEMORANDUM TO: William D. Lorenz, Jr. , P.E, Administrator Environmental Services Division VIA: Fran Stallings, Ph.D. , Director FROM: Kevin H. Dugan, Sr. Environmental Specialist DATE: 21-Dec-1992 SUBJECT: LDC Amendments to DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION PURPOSE AND INTENT The Comprehensive Planning and Land Development Regulations Act (CH. 163 , F. S. ) was established to provide Collier County the authority and responsibility to comprehensively plan for future development and resource protection through land development regulation. Section 163 . 3202 F.S. further requires Collier County to adopt land development regulations which implement and are consistent with the Conservation and Coastal Management Element (CCME) of its adopted comprehensive plan, the Collier County Growth Management Plan. Goal 6 of the CCME and its associated objectives and policies directs the County to identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. Additional goals, objectives, and policies of the CCME mandate that the County protect and manage its natural resources, including Objective 11. 6 which requires a Coastal Barrier and Beach System Management Program. The Board of County Commissioners (BCC) approved the Coastal Zone Management Plan (Resolution 92-319) on June 3, 1992 . Staff was directed to seek approval from the Board before initiating the development of ordinances and programs designed to implement the Plan. On September 1, 1992 , the Collier County Board of County Commissioners directed the Natural Resources Department to proceed with the implementation of the Coastal Zone Management Plan. The purpose of this report is to provide information concerning the importance of mangroves to the County's marine environment and to seek approval from the various County Boards (EPTAB, CCPC and BCC) to amend DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION, of the Collier County Land Development Code (October 30, 1991 as amended October 14, 1992) . The intent of the amendment is to protect mangrove trees in Collier County by requiring local review and compliance. JUSTIFICATION Four types of mangroves occur in Collier County and are defined in the Coastal Zone Plan as red mangrove (Rhizophora mangle) , black mangrove (Avicennia germinans) , white mangrove (Laguncularia racemosa) , and buttonwood (Conocarpus erectus) . Mangrove habitats are often associated with an estuary or lagoon, designated as a "back bay" . Mangrove forests, along with their associated back bays, are among the most productive habitats known. The high productivity drives a detritus-based ecosystem, in which leaf litter and other vegetative materials are decayed and the indigestible cellulose and carbohydrates are converted by bacteria and other decomposers into more usable food groups available to higher organisms. This extensive food web includes at least 90% of the commercially important fish and shellfish species in Florida. The shallow protected back bays often serve as obligate nursery and breeding grounds for these species. Other organisms that depend on mangrove/back bay systems include bottlenose dolphin, West Indian Manatee, American crocodile and alligator. The avifauna includes the white ibis, osprey, roseate spoonbill, brown pelican and southern bald eagle. In addition to the commercial, recreational, and aesthetic value inherent in mangrove systems, and the protection these systems afford to many protected species, they have great value as shoreline stabilizers. Mangrove trees stabilize the substrate via their prop roots or pneumatophores. These structures also trap debris, promote sediment deposition, and provide areas of attachment for sediment (shell) producing organisms. Shorelines fringed with mangroves are also more resistant to erosion caused by boating activities. The dense tangle of mangrove roots, branches, and trunks also serve to reduce wave energy, protecting inland structures and property from damage by coastal storms. Much of the historic mangrove areas have been destroyed by past development. Mangrove systems have been entirely removed from Vanderbilt Lagoon and Moorings Bay and almost entirely from Naples Bay and Marco Island. Concurrent with the decline of the mangrove systems in these areas is the associated decline in water quality and productivity. Although mangroves are protected to some degree by state and federal regulations, more stringent protection is required on the local level to protect these valuable natural resources. Mangrove protection is essential to the future integrity of the marine resources that are vital to the economic well being of Collier County. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: The Coastal Zone Management Plan was developed in response to several objectives and policies of the Conservation and Coastal Management Element of the Growth Management Plan. All recommendations are consistent with the Plan. SPECIFIC RECOMMENDATIONS: To Amend LDC DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION and DIV. 6.3 DEFINITIONS as follows: DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3 . 9 . 5 . 1. 6 Mangrove trees shall not be removed from, or altered in, any tidal wetland habitats without a County Vegetation Removal Permit Ireference CCME Objective 6. 2) . 3 . 9 . 5. 1. 7 Permitting Standards for Mangrove Tree Removal or Alteration No construction, operation, or management of a project shall result in an unacceptable loss of viable naturally functioning marine or freshwater mangrove habitat (reference CCME Objective 6. 8) . No contruction, operation, or management of a project shall result in an unacceptable impact to a designated local, state, federal reserve, preserve, or park (reference CCME Objective 6. 8) 3 .9 . 5. 1.8 Mitigation for lost viable naturally functioning mangrove habitat shall be located preferentially: In disturbed habitat on site; In disturbed habitat in the same estuarine basin; Creation of new habitat on site in disturbed habitat; Creation of new habitat on site in less desirable habitat; Creation of new habitat in disturbed habitat within the estuarine basis; In disturbed habitat in another estuarine basin. 3 .9 . 5. 1.9 Mitigation Standards for Viable Naturally Functioning Mangrove Habitat C Acceptable mitigation shall reasonably be expected to provide similar environmental benefits within five years. Monitoring and maintenance of mitigation acitivities shall continue until the habitat exhibits acceptable environmental benefits negotiated during the development review process. Progress reports shall be submitted at the end of the first, third, and fifth year (reference CCME Policies 6. 2 . 5, 6. 2 .7, 6. 2 . 8, 6. 2 . 10, 6. 2. 11, 6. 2 . 12, 6. 2 . 14 , 6. 3 . 2 , 6. 3 . 3 , 6.4 . 2 , 6. 5. 1) . 3 . 9 . 5. 1. 10 Mitigation Scheduling Mitigation shall be completed according to the plan negotiated between the applicant and Development Services. Work must be completed within one year of permit application. Mitigation activities that are completed prior to completion of development are encouraged. The mitigation plan will be signed by the applicant, property owner, and Development Services. 3 . 9 . 5. 1. 11 Violation of Mitigation Schedule Failure to complete the mitigation within one year of permit application will be a violation of this code. 3 .9 . 5. 1. 12 Special Approval Any property purchased prior to approval of this code which meets minimum size requirements may receive "special approval" to develop property for the minimum size residence allowed by applicable zoning and or deed restictions provided that environmental losses are minimized. If property is zoned other than residential the property may be developed with "special approval" within ten years to allow the minimal allowed conditional use provided that environmental losses are minimized. Requests for "special approval" will be considered after applicable state and federal permits have been approved. Properties zoned agricultural prior to the approval of this plan shall be exempt from the preservation requirements above provided that the property shall not be converted to non-agricultural development until after if has been used for agriculture for at least ten years. Conversion to non-agricultural uses prior to ten years after farming commences will make the property subject to the conservation/preservation requirements and may req re the restoration and or ...mitigation of natural habitats. DIV 6.3 DEFINITIONS Mangrove or mangrove trees shall be defined as any of the following species: red mangrove (Rhizophora mangle) , black mangrove (Avicennia germinans) .white mangrove (Laguncularia racemosa) .and buttonwood (Conocarpus erectus) (reference CCME definition /260. Wetlands) . ENVIRONMENTAL POLICY AND TECHNICAL ADVISORY COMMITTEE INFORMATION PACKET December 21, 1992 - Collier County Coastal Zone Management Plan (CZMP) Chronology - CZMP Projects & Schedules Time Table - Project # 3 BOAT DOCKS AND SEAGRASS BEDS (DRAFT 12-17-92) A) Staff report B) Technical Memorandum - Project # 6 MANGROVES (DRAFT 12-21-92) A) Staff Report B) Technical Report - Project # 1 CLAM PASS ORDINANCE (DRAFT 12-17-92) A) Executive Summary B) Ordinance - Project # 5 SEA TURTLES (DRAFT 12-17-92) A) Staff Report B) Technical Report . DASTAL ZONE MANAGEMENT PL: CHRONOLOGY OF EVENTS MAJOR MILESTONES DATE Growth Management Plan Adoption January 10, 1989 Coastal Zone Management Plan Deadline August 1, 1990 Staff Completion of Draft for Initial February 1991 Public Comment Initiation of Legal Review May 1991 EAC Workshops June/July 1991 EAC Final Public Hearing/Approval August 21, 1991 Request for Final Legal Review August 1991 1st Scheduled CCPC Public Hearing October 3 , 1991 (withdrawn due to lack of legal review) Legal Sufficiency Review Complete January 1992 2nd Scheduled CCPC Public Hearing February 6, 1992 (canceled due to advertising error) 3rd Scheduled CCPC Public Hearing March 5, 1992 (continued to 4/16 by CCPC) 4th CCPC Public Hearing April 16, 1992 1st BCC Evening Public Hearings May 20, 1992 2nd BCC Evening Public Hearings June 3 , 1992 (BCC approval with stipulations) BCC Meeting approving staff to commence September 1, 1992 implementation of CZMP Inter-divisional Task Team Meeting November 18, 1992 - Clam Pass Ordinance - Seagrass Boat Dock (LDC amend) - Mangrove Protection (LDC amend) EPTAB received the following for review December 21, 1992 - Clam Pass Ordinance - Seagrass Boat Dock (LDC amend) - Mangrove Protection (LDC amend) - Sea Turtle Report & LDC amendments NATURAL RESOURCES DEPARTII NT STAFF REPORT TO: William D. Lorenz Jr. , P.E. , Administrator VIA: Fran Stallings, Ph.D. , Natural Resources Director FROM: Maura C. Kraus, Senior Environmental Specialist DATE: 17-Dec-1992 SUBJECT: LDC Amendments to DIV. 3 . 10 SEA TURTLE PROTECTION AND DIV.3.14 VEHICLES ON THE BEACH PURPOSE AND INTENT Part II of Chapter 163 , Florida Statues, establishes the local Comprehensive Planning and Land Development Regulations Act, providing Collier County the authority and responsibility to comprehensively plan for future development and resource protection through land development regulations. Pursuant to this chapter, Collier County is required to adopt land development regulations which implement and are consistent with the Conservation and Coastal Management Element (CCME) of the Collier County Growth Management Plan and its associated objectives and policies. These objectives and policies mandate the County to protect, conserve, manage, and appropriately use its coastal barriers including shorelines and where appropriate, will restrict activities where such activities will damage or destroy coastal resources. Objectives in the CCME required the County to develop Coastal Zone and Estuarine Management Plans. On June 3 , 1992 , the Collier County Board of Commissioners (BCC) approved the Coastal Zone Management Plan (Resolution 92-319) and directed staff to seek approval from the board before starting the development of ordinances and programs designed to implement the Plan. On September 01, 1992 the BCC directed the Natural Resources Department to commence the implementation of the Coastal Zone Management Plan (Resolution 92-319) . The purpose of this report is to receive approval from the various County Boards (EPTAB, CCPC and BCC) to amend DIV. 3.10 SEA TURTLE PROTECTION AND DIV.3. 14 VEHICLES ON THE BEACH, of the Collier County Land Development Code (October 30, 1991 as amended October 14 , 1992) . The purpose of the amendment is to protect nesting and hatchling marine turtle in Collier County from artificial beachfront lighting and vehicles on the beach during marine turtle nesting season (May 01 through October 31 of each year) . JUSTIFICATION ARTIFICIAL BEACH LIGHTING Artificial lighting on nesting beaches, as well as distant sources of illumination (city lights produce a disorienting glow when there is no moon) often discourages a sea turtle from nesting on a developed beach. Hatchling sea turtles become disoriented by bright lights and consequently become lost on the beach, or wander towards the light source which leads them away from the water, and often resulting in death. Artificial lighting on beaches disrupts the ability of the hatchlings to find the sea following nocturnal emergence from their nests. Hatchlings either become misoriented, moving directly towards the light source; or disoriented, moving in all directions and unable to establish a constant orientation Present studies indicate that all visible light can disrupt the sea-finding abilities of the loggerhead sea turtle Illuminated beaches have been found to induce a "trapping effect" on swimming hatchlings from nearby beaches, distracting them from their normal seaward migration. Swimming hatchlings have been observed to exit the ocean and return to land towards the existing artificial light sources. The turtles which remain in the shallow waters where predatory fish occur suffer a higher than normal predation rate. At sea, as on land, proper orientation of the neonate loggerhead is critical to their survival. VEHICLES ON THE BEACH INCLUDING MECHANICAL BEACH RAKING Traffic on or near the beach can lower hatching success of sea turtle nests. Beach raking and other forms of mechanical beach cleaning have detrimental effects on nest viability, hatchling emergence and the ability of a sea turtle monitoring program to locate nests. Sea turtle crawls (tracks) are the only indicators that such an activity has occurred. Beach raking obscures the crawls (including those of a nest hatched the previous night) and does not allow an accurate survey to be conducted. The use of mechanical beach raking equipment to remove vegetation or debris over nests compacts the beach sand and lowers hatching success. Immediately preceding nest emergence, sea turtle hatchlings are making their way towards the surface until environmental conditions trigger the actual emergence. This is an extremely vulnerable time for the hatchlings. Nest disturbance at this time could cause premature hatching of the nest, leaving behind premature and unhatched turtles which are unable to escape from the nest, causing increased hatchling mortality. • Beach raking du_ _.ng nesting season often rb..,oves sand immediately above the eggs and can cause dehydration or breaking of the eggs located close to the surface of the nest. The nest is then vulnerable to predation by fire-ants and other predators or may become invaded by bacteria. Beach raking during nesting season should be discouraged whenever possible. CURRENT COLLIER COUNTY REGULATIONS Upon realizing that development threatens the survival of turtle hatchlings and that disorientation caused by artificial lighting is a key factor in hatchling mortality and disrupts the nest selection process, Collier County became the 3rd County in Florida to take the necessary action to mitigate these losses. The Collier County Board of Commissioners enacted the "Sea Turtle Protection Ordinance" in 1988 (Ord. 88-52) . In October 1991, the Collier County Board of Commissioners adopted the Collier County Land Development Code. Division 3.10 SEA TURTLE PROTECTION which repealed and replaced Or. 88-52. The regulations in this division were directly adapted from the original Ordinance 88-52 . Since the original ordinance was passed additional scientific research has occurred on the types of artificial lighting that cause sea turtle hatchling disorientation and divert nesting females from these beaches. PROPOSED RECOMMENDATIONS 1. The Florida Department of Natural Resources is currently proposing to adopt a model lighting ordinance by rule. The proposed rule, 16R-16, Florida Administrative Code, is to provide guidance to local governments in adopting or updating local ordinances which protect marine turtles from the adverse impacts resulting from artificial beachfront lighting. The proposed rule establishes minimum standards for beachfront lighting. The current Collier County LDC Division 3 . 10 needs to be updated to more closely reflect the DNR rulings. 2 . The current LDC allows the Development Services Director to relocate sea turtle eggs and hatchlings, however, the Natural Resources Department is the Department that is trained and permitted by the State of Florida Department of Natural Resources Division of Marine Research (Permit i T.P. 049) . Therefore necessitating additional changes to the LDC. 3 . The LDC in Division 3. 14 Vehicle on the Beach Regulations does not address beach raking or vehicle on the beach during sea turtle nesting season. Additional sections are needed in this Division to reflect these issues. FISCAL IMPACT 1 None (please refer to technical report Section 5; page 46 for detailed information) . GROWTH MANAGEMENT IMPACT The Coastal Zone Management Plan was developed in response to several objectives and policies of the Conservation and Coastal Management Element of the Growth Management Plan. All recommendations are consistent with the Plan. SPECIFIC RECOMMENDATIONS To amend the Collier County Land Development Code, DIV. 3 . 10 SEA TURTLE PROTECTION, as follows: DRAFT 12/03/92 SECTION IV PROPOSED LAND DEVELOPMENT CODE AMENDMENTS The following are the recommended LDC amendments to DIVISION 3 . 10 SEA TURTLE PROTECTION AND DIVISION 3 . 14 VEHICLES ON THE BEACH. Underlines indicate additions and strike-throu's indicate additions. DIV. 3 .10 SEA TURTLE PROTECTION. SEC. 3 . 10. 2 PURPOSE. The purpose of this division is to protect the threatened and endangered sea turtles that nest along the beaches of Collier County, Florida, by safeguarding sea turtle hatchlings from sources of artificial light and adult and hatchling sea turtles from injury or harassment. The County shall adhere to State and Federal guidelines for the protection of sea turtles. SEC. 3 . 10. 3 NEW DEVELOPMENT. For new development, construction and building and electrical plans for construction of single family or multi-family dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if there is lighting associated with such construction or development that is within 300 feet of the line of mean high water or if there are any light sources or any reflective surfaces illuminated by such sources that will be visible from the beach. shall be in compliance with the following: 3 . 10. 3 . 1 Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that light shall not illuminate the beach. Outdoor lighting shall be held to the minimum necessary for security ana safety. Floodliahts and landscape or accent lighting shall be prohibited. 3 . 10. 3.2 Pole lighting ohall be ohicided in ouch a way that no light illuminates the beams. Outdoor lighting within 300 feet of a nesting zone shall be held to the minimum necessary for security, convenience and safety. All lighting including wall mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section; shall be of low intensity and shall be fitted with hoods or positioned so that the light sources or any reflective surfaces illuminated by such sources are pot visible from the beach. 3 . 10. 3 . 3 Low profile luminaries shall be used in parking lots and such lighting shall be fitted with hoods or positioned so that the no light illuminates the beach light sources or any reflective surfaces illuminated by such sources are not visible from the beach. 3 . 10. 3 .4 Dune crosswalks shall utilize low profile shielded luminaries. directed and positioned so that light sources or any reflective surfaces illuminated by such sources are not visible from the beach. Dune crossover lighting shall be limited to the area landward of the primary dune. 3 . 10. 3 . 5 Lights on balconies shall be fitted with hoods so that lights will not illuminate the b -ach. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be visible from the beach. between May 01, and October 31st of each yca 3 . 10. 3 . 6 Plate of tinted er filmed glass are recommended in multi story structures. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry approved light transmittance value of 45% or less. Such transmittance shall be limited to the visible spectrum (400 to 700 manometers) and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. 3 . 10. 3 .7 Temporary security lighting at construction sites shall not be mounted more tharl fifteen (15) feet above the ground. - ohall not illuminate the beach. Light sources or anv reflective surfaces illuminated by such sources phall not be visible from the beach. " SEC. 3 . 10. 4 EXEMPTIONS. - - _ = - - - - = • Dcpartmefi-t prior to the effective date of this division. However, all other provisions of this Coastal areas that do not have a beach landward of the line of mean high water shall be exempt from the provisions of Sec. 3. 10. 3 . There are no exemptions. SEC. 3 . 10. 5 EXISTING DEVELOPMENT. For existing development, within four months of the effective date of this division, = -can be seen from the beach existing structures with any light sources or reflective surfaces illuminated by such sources that are visible from the beach, shall be in compliance with the following: SEC. 3 . 10. 5. 1 Lights illuminating buildings or ar. ee4a-tcd grounds for decorative or recreational purposes shall be shielded or screened such that they arc not visible from the beach, or should be turned eff at -9: 30 P.M. between May 01, and October 31st of each year. All lights shall be turned off after 9 : 00 p.m. between May 1st and October 31 of each year, or fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be visible from the beach. SEC. 3 . 10. 5. 2 Lights illuminating dune crossovers of any arca seaward of the dune shall be turned off after 9:30 9: 00 P.M. between May 01, and October 31st of each year,—e and; must be modified to conform to the requirements for new development as per Sec 3 . 10.3 of this division. SEC. 3 . 10. 5. 3 Security and emergency exit light shall be permitted throughout the night so long as the low profile luminaries arc used and shielded in such a way that those lights do not illuminate the beach. Security and emergency exit lighting should follow the same requirements stated in Sec. 3 .10. 5. 1 of this Division. If high intensity lighting is necessary, low pressure sodium vapor luminaries a�aall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces • illuminated by such sources are not be visible from the beach. SEC. 3 . 10. 5.4 Window treatments Tinted window treatments are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry approved light transmittance value of 45% or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers) and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. SEC. 3 . 10. 6 PUBLICLY OWNED LIGHTING. £trcct lights and lighting at parks and other publicly owned beach acccs3 areas shall be subject to the followings 3 . 10. 6. 1 £trect lights shall be located so that the bulk of their illumination will travel away from the beach. them not visible form the beach. 3 . 10. 6. 2 Lights at parks or other beach access points shall be shielded or shaded or shall not be utilized after 0: 30 P.M. between May 1st and October 31, of each year. All publicly owned lighting with light sources that are visible from the beach or that illuminate reflective surfaces that are visible from the beach, shall be turned off after 9: 00 p.m. between May 1 and October 31 each year or shall be fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not visible from the beach. SEC. 3 . 10. 7 UNLAWFUL TO RILL, MOLEST, OR INJURE SEA TURTLES. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or posses any part of an injured or dead a sea turtle. 3 . 10.8 CONSTRUCTION DURING NESTING SEASON It shall be unlawful to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, during the nesting season without obtaining a Construction in Sea Turtle Nesting Area Permit from the Development Services Director. If sea turtle nesting occurs within 100 yards of the construction measured parallel to the shoreline during permitted construction activities, the nest area will be flagged by the permittee and the Development Cervice3 Director informed within 8 hours Natural Resources Director informed prior to 9: 00 A.M, of that morning. Depending on nest location in relation to intensive construction activities, the Development Cervices Director natural Resources Director may require that the nest(s) be relocated by the applicant pursuant to Sec. 3 . 10.9.2 and Se. 3 . 10.9 . 3 . SEC. 3 . 8 . 10. 1 Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. SEC. 3 . 8 . 10. 2 Construction or repair of any structure (e.g. , dune walkovers, seawalls or other revetments, sandbags, groins or jetties, etc.) shall not be permitted during sea turtle nesting season on any Collier County beaches. SEC. 3 . 10.9 . 3 NEST RELOCATION. If the Development Cervices Director Natural Resources Director, his/her designee finds it necessary for a nest to be relocated away from a construction area, then only the Development Cervices Director or Natural Resources Director, his/her designee or an individual possessing a Turtle Handling Permit shall move the nest. If the Development Services Director Natural Resources, or his/her designee who possess a Florida Marine Turtle permit, moves a sea turtle nest the cost shall be $100. 00 to the landowner. A nest that is more than 12 hours old shall not be relocated under any circumstances. DIV. 3. 14 VEHICLES ON THE BEACH REGULATIONS SEC. 3 . 14 . 3 EXCEPTIONS: EXEMPTION CERTIFICATE. All exemption certificates to allow operation of vtAicles on County beaches shall expire on April 30 of each Year. to coincide with the beginninct of sea turtle nesting season. puring marine turtle nesting season (May 01 through October 31 of each Year) compliance to Sec. 3 14 . 6 shall be adhered to. Sec. 3 . 14 .4 During marine turtle nesting season (May 01 through October 31 of each year) compliance to Sec. 3 14 . 6 shall be adhered to. 3 . 14 . 5 BEACH RAKING AND MECHANICAL BEACH CLEANING 3 . 14 . 5. 1 Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by_ more than the minimum depth necessary. not to exceed one inch, in order to avoid a potential increase in the rate of erosion. In cases where the one inch depth is not sufficient, a maximum depth of two inches, as allowed be the Department of Natural Resources, will be permitted. 3 . 14 . 5. 2 Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Light-weight vehicles having wide, low profile, low-pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. 3 . 14 . 5. 3 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers. 3 . 14 . 5 . 4 Beach raking and mechanical beach cleaning are subject to the provisions of section OF SEC. 3 . 14 . 6. 3 . 14 . 5. 5 Beach Raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. SEC. 3. 14 . 6 OPERATION OF VEHICLES ON THE BEACH DURING MARINE TURTLE NESTING SEASON. The operation of motorized vehicles, including but not limited to, any self-propelled, wheeled, tracked, or belted conveyance, shall be prohibited on coastal beaches above MHW during sea turtle nesting season (May 1 to October 31 of each year) except in cases of law enforcement, emergency, or conservation of sea turtles. 3 . 14 . 6. 1 Beach raking and mechanical beach cleaning during sea turtle nesting season (May 1 to October 1 of each year) shall be confined to the area of beach jelow MHW (or previous high tide mark) and. where A State certified sea turtle monitoring program is in place. shall be performed only after daily sea turtle monitoring has been conducted by a State certified sea turtle permit holder. DRAFT 12/16/92 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE ESTABLISHING THE PROTECTION OF SEAGRASS BEDS OF THE PELICAN BAY CONSERVATION AREA AT CLAM BAY. OBJECTIVE: To obtain the Board of County Commissioners approval of the attached proposed ordinance to protect seagrass beds in the Pelican Bay Conservation area at Clam Bay. Functional seagrass beds shall be marked and placed off limits to power driven vessels. CONSIDERATIONS: 1. Goal 11 of the Conservation and Coastal Management Element of Collier County Growth Management Plan and its associated objectives and policies mandates Collier to protect, conserve, manage, and appropriately use its coastal barriers including shorelines, beaches and dunes and will plan for, and where appropriate, restrict activities where such activities will damage or destroy coastal resources. 2 . Goal 6 of the Conservation and Coastal Management Element of Collier County Growth Management Plan and its associated objectives and policies mandates Collier County to prevent a net loss of viable sea grass beds by regulating boat traffic. 3 . Important economic resources such as fishing, marine industries and tourism are dependent on the quality of the marine environment within Collier County. 4 . The submerged seagrass beds within Clam Bay are a significant marine resource providing natural habitats that serve as nursery feeding grounds, and thereby support economically important fisheries. 5. The submerged seagrass beds within Clam Bay are currently undergoing stress and substantial physical damage due to prop scarring caused by the operation of power-driven vessels within the shallow areas Clam Bay. 6. The active management of seagrasses can prevent future damage by prop scarring. 7 . It is the intent and purpose of this ordinance to protect, preserve and provide recovery and expansion of the Clam Bay seagrass beds. The intent of this ordinance shall be accomplished by minimizing the damage from prop scarring by restricting the areas where power driven vessels may be used; and by requiring idle speed/No Wake Zones. FISCAL IMPACT: Collier County has an ongoing seagrass marking program, therefore, there will be no additional fiscal impacts. GROWTH MANAGEMENT IMPACT: Goal 6 of the Conservation and Coastal Management Element of Collier County Growth Management Plan and its associated objectives and policies mandates Collier to prevent a net loss of important viable sea grass beds by regulating boat traffic. RECOMMENDATION: Approve the attached Ordinance which provides protection of the sea grass beds located in the Pelican Bay Conservation Area at Clam Bay by: 1. Minimizing the damage from prop scarring by power-driven vessels by restricting the areas where these engines may be used. 2 . Requiring idle speed/No Wake Zones and prohibiting power-driver vessels within the seagrass beds areas Prepared by: Date: Maura C. Kraus, Senior Environmental Specialist Natural Resources Department Reviewed by: Date: Fran Stallings, Ph.D. , Director Natural Resources Department Reviewed by: Date: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division ' T COPY Draft='g2 - ORDINANCE NO. 92 - AN ORDINANCE RELATING TO THE PROTECTION OF SEAGRASS BEDS OF THE PELICAN BAY CONSERVATION AREA AT CLAM BAY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS ; PROVIDING FOR INSTALLATION OF STRUCTURES ; PROVIDING FOR DREDGING PERMITS ; PROVIDING FOR THE POSTING OF SEAGRASS BEDS ; PROVIDING FOR THE PRESERVATION OF CLAM BAY ECOSYSTEM; PROVIDING FOR PENALTIES FOR VIOLATION, PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Goal 11 of the Conservation and Coastal Management Element of Collier County Growth Management Plan and its associated objectives and policies mandates Collier to protect, conserve, manage, and appropriately use its coastal barriers including shorelines, beaches and dunes, and will plan for, and where appropriate, will restrict activities where such activities will damage or destroy coastal resources; and WHEREAS, Goal 6 of the Conservation and Coastal Management Element of Collier County Growth Management Plan and its associated objectives and policies mandates Collier to prevent a net loss of important viable sea grass beds by regulating boat traffic; and WHEREAS, important economic resources such as fishing, marine industries and tourism are dependent on the quality of the marine resources within Collier County; and WHEREAS, the submerged seagrass beds within Clam Bay are a significant marine resource providing natural habitats suitable as nursery feeding grounds, and economically important fisheries; and WHEREAS, the submerged seagrass beds within Clam Bay are currently undergoing stress and significant actual physical damage due to propeller scarring caused by the operation of power-driven vessels within the Clam Bay seagrass beds; and WHEREAS, seagrasses contribute significantly to the maintenance of high water quality, and WHEREAS, the active management of seagrasses can prevent future damage by propeller scarring. -1- NOW, THEREFORE, BE IT ORDAINED BY THE BOA. ) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this ordinance to protect, preserve and provide recovery and expansion of the Clam Bay seagrass beds. The intent of this ordinance shall be accomplished by minimizing the damage from propeller scarring by power-driven vessels by restricting the areas where engines may be used; by requiring Idle Speed/No Wake Zones and prohibiting power-driven vessels within the seagrass bed areas. SECTION TWO: TITLES AND CITATION This Ordinance shall be known and be cited as the "Clam Bay Seagrass Protection Ordinance" . SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced in the Clam Bay Area as mapped in the Pelican Bay PUD Ordinance (77-18 , as amended) within the unincorporated area of Collier County. SECTION FOUR: DEFINITIONS A. ALTERED NAVIGATION CHANNEL, PASS, OR INLET - means a navigation channel, pass, or inlet modified by dredging or armoring activity for which past permits have been issued by any or all of the following regulatory agencies: U.S . Army Corps of Engineers, Florida Department of Natural Resources, Florida Department of Environmental Regulation. B. CONSERVATION - means the wise use of natural resources in such a manner to ensure the continuation of such resources for future generations. C. CONSERVATION USES - Means activities within land areas designated for the purpose of conserving or protecting natural resources of environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative -2- commun_ .,ies or wildlife habitats. D. ENVIRONMENTALLY SENSITIVE AREA - means uplands, wetlands, and any natural area exhibiting a high level of ecological productivity and value which would be adversely impacted by development. E. ESTUARY AND ESTUARINE SYSTEM - means intertidal and sub-tidal habitats, including adjacent tidal wetlands, often semi-enclosed by land but normally has a connection to the ocean or Gulf of Mexico, and in which oceanic water is at least occasionally diluted by fresh water run-off from the land. F. LIVING MARINE RESOURCES - means oceanic or estuarine plants or animals, such as mangroves, seagrasses, algae, coral reefs, living marine habitats, fish, shellfish, crustacea, sea turtles and marine mammals. G. POWER-DRIVEN VESSEL - means any vessel or craft propelled by machinery. H. PRESERVATION - means perpetual maintenance of areas in their native state because of their intrinsic ecological and environmental values and functions. I . SEAGRASS BED - means an expansive sub-tidal or intertidal area, occupied primarily by rooted vascular macrophytes, (e.g. , shoal grass, halophila, widgeon grass, manatee grass, and turtle grass) ; may include various epiphytes and epifauna; octocorals, sponges, stony corals, and attached macrophytic algae spores, if present. Also called seagrass meadows. SECTION FIVE: INSTALLATION OF STRUCTURES Installation of structures or other facilities in the Clam Bay system shall not be permitted without the approval of applicable Federal, State and County regulatory agencies, and the Collier County Board of County Commissioners; and facilities must be in compliance with applicable sections of the Pelican Bay PUD (Collier County Ordinance 77-18 as amended) including the conservation easement granted to Collier County. -3- SECTION SIX: DREDG„G PERMIT Dredging by permit or otherwise shall not occur in Outer, Inner, or Upper Clam Bays, their connecting waterways, and/or adjacent wetlands, or Clam Pass (except to maintain the opening to waters of the Gulf of Mexico) , as specified by U.S. Army Corps of Engineers permit No. 79K-0282 or subsequent Corps permits. This entire area is defined as the Pelican Bay Conservation Area, to be maintained as such in perpetuity, and provisional conservation uses are described under the Pelican Bay PUD, Collier County Official Records Book 000966, pages 001826-001842 . . SECTION SEVEN: POSTING OF SEAGRASS BEDS AND CHANNELS Functional seagrass beds shall be marked and placed off limits to power driven vessels. The Clam Bay system shall be posted as a No Wake Zone. Channels for use by power driven vessels shall be clearly marked. SECTION EIGHT: PROHIBITIONS It shall be a violation of this Ordinance to operate a power driven vessel outside of the marked channels and canals. SECTION NINE: EXEMPTIONS The following shall be shall be exempt from the provisions of this Ordinance: Federal, State and Collier County law enforcement officials and regulatory agencies, in in performance of public safety duties, conservation, maintenance, and scientific research. SECTION NINE: THE PRESERVATION OF CLAM BAY Clam Bay habitat systems shall not be further degraded. Attention shall be focused upon ways and means of preserving and improving the natural habitat of the Clam Bay ecosystem; such as exotic pest plant control . SECTION TEN; PENALTIES FOR VIOLATION Any owner, operator, or person in command of a power-driven vessel or any other person who violates the provisions of this Ordinance or fails to comply with the requirements of this Ordinance shall be guilty of a misdemeanor and upon conviction -4- thereof, shall be 1_ Aed or imprisoned, or bottas provided by law. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162 , Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION ELEVEN: ENFORCEMENT The provisions of this ordinance shall be enforced by members of any duly authorized law enforcement agency including the Collier County Sheriffs Department, Florida Marine Patrol , Florida Game and Freshwater Fish Commission, and Collier County Code Enforcement and the U. S. Fish and Wildlife Services. SECTION TWELVE: CONFLICT AND SEVERANCE 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 THIRTEEN: EFFECTIVE DATE -5- This Ordinance . .all take effect upon rece :. of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MICHAEL J. VOLPE, Chairman Approved as to form and legal sufficiency: Ken Cuyler, County Attorney -6- DRAFT COPY COLLIER COUNTY ENVIRONMENTAL SERVICES DIVISION PUBLICATION SERIES NR-B-93-02 HUMAN DISTURBANCE AND PROTECTION OF SEA TURTLES ON NESTING BEACHES IN COLLIER COUNTY PREPARED BY NATURAL RESOURCES DEPARTMENT December,1992 COLLIER COUNTY GOVERNMENT CENTER BLDG"H" 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 33962 410000 COLLIER COUNTY ENVIRONMENTAL SERVICES DIVISION PUBLICATION SERIES NR-B-93-02 HUMAN DISTURBANCE AND PROTECTION OF SEA TURTLES ON NESTING BEACHES IN COLLIER COUNTY Principal Investigator Maura C. Kraus Senior Environmental Specialist Prepared by Maura C. Kraus Natural Resources Department Environmental Services Division Collier County Government Center Naples, Florida December, 1992 • BOARD OF COUNTY COMMISSIONERS Commissioner Michael J. Volpe CHAIRMAN, DISTRICT 2 Commissioner Burt L. Saunders VICE CHAIRMAN, DISTRICT 4 Bettye J.Mathews John C. Norris Timothy J. Constantine COMMISSIONER COMMISSIONER COMMISSIONER DISTRICT 5 DISTRICT 1 DISTRICT 3 Neil Dorrill COUNTY MANAGER William D. Lorenz, Jr. , P.E. ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Fran Stallings, Ph.D. NATURAL RESOURCES DIRECTOR The project on which this publication is based was financed by Collier County Board of Commissioners. Content of this publication does not necessarily reflect the views and policies of the Collier County Government nor does mention of trade names or commercial products constitute their endorsement or recommendation for use by Collier County Government. For additional information write to: Natural Resources Department Collier County Government Center Bldg. H 3301 E. Tamiami Trail Naples, Florida 33962 iv ABSTRACT SEA TURTLE PROTECTION ON NESTING BEACHES December 1992 Maura C. Kraus Coastal development and natural erosion have greatly reduced the number of suitable nesting beaches. Developed beaches which are still used by nesting turtles become hazardous to the emerging hatchlings. Disturbances on nesting beaches include disruption caused by human activity; artificial lighting; man-induced erosion; beach nourishment; vehicular traffic on or near the beach; beach raking; chemical and manmade pollution; shading of beaches by large buildings and exotic vegetation; and egg and hatchling predation associated with human activities. Human activity and development has historically had adverse environmental impacts on wildlife and plants, thus endangering their existence. The loggerhead sea turtle has encountered this problem on many beaches in Florida, including Collier County. As human activity and development on nesting beaches grows in scope and magnitude, a more complete understanding of the plight of the sea turtle must be understood so that mitigation actions can be taken. State, Federal and local legislations address some of the problems associated with human disturbances on sea turtle nesting beaches, however, enforcement is difficult. The purpose of this report is to address the problems associated with human disturbances of sea turtles on land; provide alternative management practices; identify future research needs; and to provide for local legislative amendments. CONTENTS Page ABSTRACT iv TABLE OF CONTENTS v SECTION I INTRODUCTION 1 SECTION I HUMAN DISTURBANCES OF SEA TURTLES ON LAND 3 SECTION III GOVERNMENT REGULATIONS 25 III. 1 STATE REGULATIONS 25 III . 2 FEDERAL REGULATIONS 32 III. 1 COLLIER COUNTY REGULATIONS 35 SECTION IV PROPOSED LAND DEVELOPMENT CODE AMENDMENTS 39 SECTION V FISCAL IMPACT OF PROPOSED AMENDMENTS 46 SECTION VI SUMMARY OF RECOMMENDATIONS 48 APPENDIX 1. MATERIAL DATA SAFETY SHEET FOR "AMDRO" 50 APPENDIX 2. SEA TURTLE PROTECTION PLAN AND BEACH RAKING GUIDELINES 55 APPENDIX 3. PROPOSED STATE RULING; MARINE TURTLE PROTECTION- CHAPTER 16R-16 60 REFERENCES 74 SECTION I INTRODUCTION Sea turtles have inhabited and evolved on our planet since the "Age of the Reptiles" , 90 million years ago. They are air-breathing reptiles that emerge from the sea and deposit their eggs on tropical and subtropical beaches around the world. Today they are threatened with extinction. Extensive exploitation by man for food, leather, decorative pieces, cosmetics and other uses have drastically taken their toll on all species of sea turtles. Sea turtles are often trapped in commercial fishing nets and either drown or their limbs are removed in an attempt to free them from the nets. Coastal development and natural erosion have greatly reduced the number of suitable nesting beaches. Developed beaches which are still used by nesting turtles become hazardous to the emerging hatchlings. Disturbances on nesting beaches include disruption caused by human activity; artificial lighting; man-induced erosion; beach nourishment; vehicular traffic on or near the beach; beach raking; chemical and manmade pollution; shading of beaches by large buildings and exotic vegetation; and egg and hatchling predation associated with human activities. Human activity and development has historically had adverse -1- environmental impacts on wildlife and plants, thus endangering their existence. The loggerhead sea turtle has encountered this problem on many beaches in Florida, including Collier County. As human activity and development on nesting beaches grows in scope and magnitude, a more complete understanding of the plight of the sea turtle must be understood so that mitigation actions can be taken. State, Federal and local legislations address some of the problems associated with human disturbances on sea turtle nesting beaches, however, enforcement is difficult. The purpose of this report is to address the problems associated with human disturbances of sea turtles on land; provide alternative management practices; identify future research needs; and to provide for local legislative amendments. -2- g .i'*.+ 1 % � ' "i" ' :r r. 2 -. . , p' d.Ri{" ... . C) ,4,-._,e- ,�. it i:, + + mai: r ' . . .. fl ftv.- h•'.t • `I' c ,, •~ 1a'' .4 , z3t• 3'wJ l SECTION II HUMAN DISTURBANCES OF SEA TURTLES ON LAND Human Activity Increasing the amount of nightly human activities and its associated "photopollution" (artificial lighting) may have a detrimental effect on sea turtle nesting behavior and subsequent hatchling mortality. Human activity on nesting beaches disrupts nest site selection and the nesting behavior of the adult sea turtles (Dickerson and Nelson, 1989 ; Le Buff, 1990; Witherington and Bjorndal, 1991) . Curious residents and tourists alarm the females with their presence and discourage her from nesting, thus causing her to false crawl. A false crawling turtle unable to find a suitable nesting beach or one who has discontinued her emergences due to other disturbances will often abort her eggs at sea. (Le Buff, 1990) . Campfires, flashlights, camera flashes, and ATV lights affect nest site selection and can contribute to hatchling disorientation (Mortimer, 1989) . Another human activity which causes potential problems to hatchling sea turtles is excessive "channeled traffic" created by dune crossover usage. The paths from dune crossovers increase the amount of time it takes the hatchlings to reach the water -3- thus increasing stress to the hatchling and expenditure of energy that would better be used to combat waves and their offshore migration. Increasing hatchling time in the nearshore water may also increase their chances of predation. Daily monitoring of beaches in developed areas could assist in alleviating this problem. Sea turtle nests should be moved away from heavily traveled beach areas. Marking and roping off the area around the nest is preferred over nest relocation, however, in some instances relocation may be necessary. Hatching of these nests could also be monitored to assure that this does not occur. Dune crosswalks themselves present a physical barrier to nesting sea turtles and may induce increased false crawls and aborted nest attempts. Limiting the number and monitoring the spacing of the crosswalk may assist in alleviating this problem on heavily developed beaches. Artificial Lighting Artificial lighting on nesting beaches, as well as distant sources of illumination (city lights produce a disorienting glow when there is no moon) often discourages a sea turtle from nesting on a developed beach. Hatchling sea turtles become -4- • disoriented by bright lights and consequently become lost on the beach, or wander towards the light source which leads them away from the water, and often death is imminent. Artificial lighting on beaches disrupts the ability of the hatchlings to find the sea following nocturnal emergence from their nests. Hatchlings either become misoriented, moving directly towards the light source; or disoriented, moving in all directions and unable to establish a constant orientation (Daniel and Smith, 1947 ; Dickerson and Nelson 1989; Witherington, 1990) . Present studies indicate that all visible light can disrupt the sea-finding abilities of the loggerhead sea turtle (Witherington and Bjorndal, 1991a; Witherington and Bjorndal, 1991b) . Artificial light can sometimes affect hatchlings once they enter the water. Artificial lighting on beaches has been found to have a "trapping effect" on swimming hatchlings from nearby beaches, distracting them from their normal seaward migration (Salmon and Wyneken, 1990) . Swimming hatchlings have been observed to exit the ocean and return to land towards the existing artificial light sources (Daniel and Smith, 1947; Carr and Ogren, 1960; Witherington, 1991) . The turtles which remain in the shallow waters where predatory fish occur suffer a higher than normal predation rate. At sea, as on land, proper orientation of the neonate loggerhead is critical to their survival. -5- The most common sources of at artificial lighting on the beaches in Collier County are from dune crossovers, boardwalks, sea walls, pool and deck lighting, temporary construction lighting, security lighting, street lighting, porch lighting, and exterior and interior lights from buildings. Most lighting problems start at the beachfront, however the illumination created by a "city glow" also affect nest site selection and cause hatchling disorientation. Resolution of this problem must commence at the primary source, direct beachfront lighting. There are many laws which regulate lights on the beach during nesting season, however, enforcement remains difficult. Education and awareness programs for residents and visitors of Collier County beaches could assist in increased compliance. Man-Induced Erosion Man-induced erosion is a serious threat to our local sea turtle population. Developers frequently underestimate the powerful forces of nature. Buildings have been constructed along the Collier County coastline without sufficient regard for their proximity to the Gulf. Natural erosion of the beaches compels people to protect the property that they perhaps should have never occupied with seawalls and other shore protection -6- structures. Shore protection structures on nesting beaches include seawalls, riprap, revetments, landscape walls and rock core dunes. A new problem arises when the shore protection structures exacerbate erosion, by deflecting waves downward. The result may be the complete loss of the beach, leaving only the storm protection structures with little or no habitat remaining that is suitable for sea turtle nesting. Sand fences aid in the creation and stabilization of dunes. Sand fences and vegetation watering systems (PVC piping) placed along the primary dune may impede nesting attempts or trap hatchling sea turtles (personal observation) . Sand fences and temporary watering systems should be relocated behind the dune system or removed during nesting season. Man induced erosion is also caused by excessive beach raking and vehicles driving on the beach and dunes. These activities loosen the sand and increase erosion by aeolian forces (wind blown sand) . These activities are covered in detail in this chapter. Beach Nourishment Beach nourishment is the replacement of sand on a beach that has previously been lost to erosion. It is a common belief that -7- • beach nourishment is beneficial to sea turtle populations by creating additional beach for nesting; however, beach nourishment may also negatively impact sea turtles (Fletemeyer, 1979; Fletemeyer, 1980; Mann, 1978 ; Ehrhart and Raymond, 1983; Raymond, 1984 ; Moulding and Nelson, 1988; Nelson and Dickerson, 1989; Le Buff, 1990) . The most obvious direct effects of beach nourishment are seen when the project occurs during sea turtle nesting season (May through October) . Nests and hatchlings can become buried beneath the new sand, and thus hatchlings are unable to escape. This is no longer as great a threat because careful monitoring of the beach is required by Federal and State governments if a project is conducted during or near nesting season. The effects of beach nourishment on sea turtle nest selection and hatching success are still in the research stages. It is known however, that the textural composition of borrow material for a nesting beach is extremely important, especially on low energy shorelines where the offshore substrate is primarily poorly sorted sand that contains more silt and clays than the native beach. The particular way in which beach nourishment is accomplished has been proven to cause nesting problems to sea turtles, unless mitigative action is taken (loosening sand by tilling and smoothing) . -8- Beach nourishment projects utilizing hydraulic dredges employ sea water as the sediment sand transport medium to fill the beach. The saturated sediment becomes greatly compacted when spread across the beach face as the water permeates the substrate. "Compaction is the reduction in the volume of sand to a greater density" (Moulding and Nelson, 1988) . Compaction is much greater when a poorly sorted offshore borrow is utilized because of the "infilling" of pore spaces of the finer grain sizes. Use of heavy equipment during the project also contributes to the increased density. Compacted sand can be measured by measuring the shearing resistance, which is used as an indicator of the resistance a sea turtle encounters when digging a nest cavity. "Shearing resistance is a measure of the ability to penetrate sand" (Moulding and Nelson, 1988) . Beach shearing resistance contributes to the rejection of a site; thus there tends to be an increase in the number of false crawls and false digs (occurring when a turtle will abandon a nest cavity if she can't dig to a certain depth) on renourished beaches. Sea turtles have been known to nest closer to the wrack line due to the landward increase in elevation of a nourished beach, and thus the nest is in greater danger of becoming inundated by higher tides and storm tides (Nelson et. al. , 1988) . Nest cavities that are attempted on renourished beaches are often -9- too shallow or narrow, causing the nest to overflow, and thus the eggs are broken by the female as she attempts to cover the nest (Ehrhart and Raymond, 1983 ; Fletemeyer, 1983) . If proper nest cavity proportions cannot be achieved, the nest will probably be abandoned and the eggs possibly aborted (Nelson et. al. , 1988) . Some beaches may eventually soften in time by natural erosion and accretion, however, it is estimated that this process may take 10 years or more to occur (National Research Council, 1990) . Mitigation in the form of beach tilling is considered to be the most useful method available to softening a compact beach. Tilling and smoothing the beach post-nourishment may be an effective and efficient management technique used to soften a compacted hydraulically filled beach (Nelson et.al. , 1987; Moulding and Nelson, 1988; Nelson and Dickerson, 1989) . Tilling is typically accomplished with a root rake, mounted on a tractor type vehicle, to a depth of 30 to 36 inches. This technique decreases the shearing resistance to levels comparable to the natural beach. Tilling often creates deep trenches which must be smoothed with a heavy flat device (ie. a cut from an old telephone pole or similar object) . Mitigation in the form of tilling is considered to be the best method, at this time, to soften a compacted beach. -10- The U. S. Fish and Wildlife Service, Department of Environmental Regulation and the U. S. Army Corps of Engineers presently require beach tilling as a special condition in all beach nourishment permits. Methods to reduce sand compaction will become a DNR requirement in the Florida Administrative Code, following the 1992 Legislative session (Chapter 16B-41) . On the west coast of Florida, tilling is a requirement on all renourished beaches including the following: Marco Island, Barefoot Beach Preserve, Pinellas County, Anna Maria Island, Venice Beach, Longboat Key Beach and Captiva Island. The above agencies have indicated, however, there is not a good understanding of the natural compaction on west coast beaches. This problem is currently being addressed by various research groups including Mote Marine Laboratory and the DNR. The studies are currently concentrated on the beaches of Sarasota County. The high incidents of false crawls on west coast may also be attributed to the natural compaction of the beaches and subsequent rejection by the nesting female loggerhead sea turtles. A comprehensive look at natural and nourished beaches in Collier County should be undertaken prior to future nourishment projects. A nourished beach develops steep escarpments in the mid-beach -11- I zone which often affects nesting females (National Research Council, 1990) . Beach scarp formation may block most turtles; however, some may scale if the scarp is sloped. Mechanical sloping of the scarp is the preferred mitigation action to this problem (Nelson et. al. , 1988) Vehicles on the Beach Traffic on or near the beach can lower hatching success of sea turtle nests. Beach raking and other forms of mechanical beach cleaning have detrimental effects on nest viability, hatchling emergence and the ability of a sea turtle monitoring program to locate nests (Mortimer, 1987) . Sea turtle crawls (tracks) are often the only indicators that such an activity has occurred. Beach raking obscures the crawls (including those of a nest hatched the previous night) and does not allow an accurate survey to be conducted. Vehicular traffic also causes ridges and runnels to be formed on the beach. If sufficiently deep, the ridges and runnels may increase the amount of time it takes the hatchlings to traverse the beach and increase hatchling stress. This increase in stress may make the hatchlings vulnerable to predation on land and in the water. -12- • Studies directed toward the effects the of human induced stress and the critical "frenzy" period of sea turtles upon hatching warrants additional research. County regulations which apply to vehicles on the beach need to address the sea turtle nesting season (May 01 to October 31 of each year) . Beach Raking A increasingly popular human activity referred to as the "Miami Beach Syndrome" or beach manicuring has become well-known along the Gulf coast in the last 10 years (LeBuff, 1990) . Beach manicuring began as the new arrivals to Florida insisted that natural beach debris such as marine plants had no place in front of their new residences and that the beach should have the appearance of a newly fallen snow (free of footprints) . Mechanical beach cleaning (or beach raking) is now performed for aesthetic reasons, although the practice has the potential for similar harmful effects on nest viability and hatchling emergence as beach nourishment. Beach raking and other forms of mechanical beach cleaning have detrimental effects on nest viability, hatchling emergence and the ability of sea turtle monitoring program personnel to locate nests (Mortimer, 1987) . Sea turtle crawls (tracks) are the only -13- indicators that such an activity has occurred. Beach raking obscures the crawls (including those of hatchlings that emerged the previous night) and does not allow an accurate survey to be conducted. The use of mechanical beach raking equipment to remove vegetation or debris over nests compacts the beach sand and lowers hatching success. Immediately preceding nest emergence, sea turtle hatchlings are making their way towards the surface until environmental conditions trigger the actual emergence. This is an extremely vulnerable time for the hatchlings. Nest disturbance at this time could cause premature hatching of the nest, leaving behind premature and unhatched turtles which are unable to escape from the nest, causing increased hatchling mortality. Beach raking during nesting season often removes sand immediately above the eggs and can cause dehydration or breaking of the eggs located close to the surface of the nest (LeBuff, 1990; National Research Council; 1990) . The nest is then vulnerable to predation by fire-ants and other predators or may become invaded by bacteria. Beach raking during nesting season should be discouraged whenever -14- possible. A beach cleaning sea turtle protection plan is required by the Department of Natural Resources (DNR) during nesting season. Guidelines have been prepared by the DNR for the appropriate methods of beach cleaning during sea turtle nesting season (May 1 through October 31 of each year) (Attachment A. ) . The following standards are required: 1. Equipment, methodologies, and points of access should be consistent with long term beach-dune preservation established by local government and the DNR. 2 . Beach cleaning should be confined to daylight hours and should be confined to the non-nesting season. 3 . During nesting season the following rules apply: a. Beach cleaning operations shall be limited to the debris line (previous high tide mark) whenever possible b. Light weight motorized vehicles having wide, low-profile, low-pressure, tires shall be used to conduct beach cleaning operations instead of heavy equipment. 4 . Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach sediments by more than 2 inches The DNR prohibits the operation of motorized vehicles, including but not limited to any self propelled, wheeled, tracked, or belted conveyance, during nesting season, except in cases of law enforcement, emergency, or as otherwise approved by the local government (DNR, 1989) . -15- Pollution Chemical pollution on nesting beaches is an increasing problem worldwide. Although Collier County has not been affected, threats of oil drilling in the Gulf of Mexico may one day become a reality. The lack of nearby shipping lanes results in beaches that are relatively free of pollutants in Collier County at this time. Chemical pollution effects on sea turtles have not been widely researched. Studies have proven however, that fresh crude oil on nesting beaches causes significant mortality in hatched turtles traversing the beach and adverse morphological changes in incubating hatchlings. Water soluble contaminants can be absorbed into the eggs. Oxygen is consumed by the eggs throughout incubation. Exchange of oxygen and other gases between the eggs and the air in the sand is important to the growth rate and viability if the sea turtle embryo (Ackerman, 1980; Belkin, 1963; Nelson, 1988; Packard et. al. , 1977; Plummer, 1976; Prange, 1974 ; and Prange and Ackerman, 1974) . Oxygen and gas exchange are affected by grain size and moisture content in the sand (Nelson, 1988) . Man-made debris such as Styrofoam, plastics, light bulbs, aerosol cans, wood, glass, Fiberglass, fishing line and other fishing gear and organic garbage, if buried, may alter physical -16- conditions of the area such as thermal properties or patterns of gas diffusion in the buried eggs. More studies are needed to determine the effects of pollutants on nesting beaches. -17- In Collier County, raccoons inhabiting the undeveloped coastal parks drag man-made debris out of the garbage cans and into the dune areas (personal observation) . Dune areas along the County parks should be inspected for debris throughout the year to avoid accidental burial. During post-hatching nest excavation, all pollutants in and around the nest cavity should be recorded on the County Sea Turtle Egg and Hatchling Data Forms. Shading of Nesting Beaches Australian Pines (3 species) were introduced, by man, to South Florida in the early 1900 's from the southern Pacific. They were widely planted as wind beaks. One species, Casuarina eguisetifolia, is distributed by seeds that wash up on beaches and invade newly accreted sand and washover areas (Johnson and Barbour, 1990) . Once the invasion begins, it socn spreads into dune areas where sea turtles normally nest on natural beaches. Investigations as to the effects of Australian Pines on sea turtle nesting and hatching commenced on Keewaydin Island in 1986, by the Conservancy, Inc. . The study indicated the dense root mat and shallow root system (which have attributed to many fallen trees on Keewaydin) prohibits nesting and causes nests to be laid in undesirable locations (mid-beach) thus effecting nest -18- site selection. If successful nesting is accomplished, shading by the trees causes a longer than normal incubation period. Longer incubation at a cooler temperature skews the sex ratio of the hatchlings, resulting in a "disproportionate" number of male hatchlings (Schmelz and Mezich, 1988) . This artificial alteration of the natural sex ratios may have a damaging effect over time. Tall buildings on Marco Island have also caused a higher than normal incubation rate of sea turtle nests, up to 85 to 90 days (Endangered Species Research Foundation, 1991) . Excessive shading on nesting beaches and its effects on hatching success warrants further investigation and should be considered in structure design of construction along high density sea turtle nesting areas. Beach Furniture and Other Recreational Accessories A problem of increasing magnitude in Collier County, is the presence of human recreational items such as heavy beach chairs, cabanas, jet ski's and associated storage platforms, and recreational accessory storage boxes. Many of the resorts and County public beaches provide these items for visitors recreational pleasure. The presence of these items on the beaches, at night, present obstacles to nesting sea turtles. Sea -19- turtles will be caused to expend increased energy on the nesting beach, choose an inappropriate nesting location (too close to the MHW) or possibly abort their eggs at sea. The Collier County Land Development Code Division 3. 13.7. 3 requires the daily removal of structures (less than 100 lbs.) during sea turtle nesting season. However, it does not specify where on the beach accessories should be stored and often they are only moved landward if they are moved at all. Increased nighttime monitoring and enforcement would assist in alleviating this problem. Predation Associated with Human Activities "Turtling" is the taking of marine turtles from beaches and coastal waters for use as food or for the use of their by- products. Turtling was a common practice in Collier County in the 1800's and early 1900's. Loggerhead turtles were hunted on the beach while nesting during the summer and fished for with nets and other implements all year. A turtle corral was established in Chokoloskee by the Santini family in the late 1800's (Tebeau, 1966) . Turtles were fed and cared for in the pens until they were shipped to the slaughter houses in Key West. During the nesting season people along the coast gathered eggs -20- from nests for shipment to Key West markets. Santini indicated that on a single night on Marco Island, 9 nests were laid and the following night they collected eggs from 5 new nests . In 1990, there were only 32 nests on Marco Island for the entire nesting season. Since the enactment of the State and Federal legislation to protect sea turtles and their eggs this is no longer considered a serious threat to sea turtles in Collier County. Although there have been isolated incidences indicating this may have occurred from time to time (personal experience, Keewaydin Island 1984) . Hopefully, the penalties for poaching are severe enough to discourage these activities. Man has however, increased the chances of natural predation on nesting beaches. Unusually large populations of raccoons, the greatest predation threat to sea turtle eggs and hatchlings, are augmented by human activities. Habitat alteration has concentrated raccoon populations into our undeveloped coastal park beaches (Erhart, 1979) . The removal of natural predators from these areas has resulted in unnatural and uncontrolled populations. Human activities has also caused alteration of dietary habits of raccoons with artificial supplements such as garbage. This food supplement has assisted in an increase of the urban population of raccoons. The increased need of food for the -21- unnaturally large populations of raccoons has caused the raccoons to revert to sea turtle eggs and hatchlings as a dietary supplement. Raccoon control in County parks needs to be assessed in order to avoid increased predation of eggs and hatchlings on undeveloped beaches. Waste receptacles should be properly secured and garbage removed as frequently as possible. A Problem in the Management of Nesting Beaches Native (Solenopsis geminata) and imported (Solenopsis invicta) fire ants on nesting beaches are becoming the a great threat to sea turtle hatchlings in southwest Florida. Fire ants are attracted to sea turtle nests post-hatchling when turtles are still in the egg chamber (Le Buff, 1990) . Prior to hatchling emergence the sand above a nest often splits or caves in, providing an access for the ants to enter the nest. Once in the nest, the ants devour the hatchlings. Entire nests of skeleton loggerhead sea turtles have been observed in Sarasota County (personal communication: Jerris Foote, Mote Marine Lab, Sarasota, Florida) . Le Buff indicated that fire ants are themost dangerous predator to neonate sea turtles (Le Buff, 1990) . -22- Fire ants have been found to cause problems on all Collier County beaches. A commercially available pesticide known as "Amdro" has been used around the perimeter of sea turtle nests to guard against this problem. However, the use of "Amdro" may have detrimental effects to the eggs and hatchlings. Investigation into possible effects of sea turtle egg absorption lead the author to contact the manufacturer of "Amdro", American Cyanamid. The Material Data Safety Sheet for this product indicates that the "thermal decomposition may produce hydrogen fluoride and oxides of carbon and nitrogen" (Appendix A. ) . These chemicals could be lethal to developing sea turtle embryos and hatchlings. Further contacts with the manufacturer (Research and Development Division, American Cyanamid) has indicated that they have no knowledge as to adverse effects to reptiles. They did indicate however, the product is manufactured to be desirable to fire ants and it contains a base of soy bean oil and cornmeal grits. The manufacturers also attested that due to its granular texture it could be attractive to birds and the product is an attractant to mammals (including raccoons! ) . Therefore, the use of Amdro on or near a sea turtle nest will increase the chances of of raccoon predation to the hatchlings prior to emergence. The increased rate of hatchling predation on -23- Barefoot Beach (Collier County) can be attributed to the use of "Amdro" around the perimeter of the sea turtle nests. Further investigations of "Amdro" are currently being conducted by the author. The investigation will consentrate on natural alternatives for fire ant control ob Collier County beaches. Alternatives need to be effective for the control of fire ants, cost effective and not produce adverse effect to sea turtle eggs, hatchlings or other wildlife (plants or animals) . -24- SECTION III GOVERNMENT PROTECTION STATE REGULATIONS Commercial harvesting of sea turtles has drastically reduced sea turtle populations around the world. Realizing this, the Florida Legislature enacted the first laws to protect the loggerhead and green sea turtles on May 25, 1907 . Florida Statute Chapter 5569- Number 74 included the following: (b) 1. It is unlawful for any person to take, kill, possess, mutilate, or in any way destroy any loggerhead, trunkback (sic. ) , leatherback, hawksbill, or ridley, or take or possess any part thereof, while such turtle is on the beaches, sand dunes, or territorial waters of the east cost of Florida from the Georgia line through and including Dade County, during the months of May, June, July, and August. 2. It is unlawful for any person at any time to take, kill, possess, mutilate, or in any way destroy any green turtle, or take or possess any part thereof, while such turtle is on the beaches, sand dunes, or territorial waters of the east coast of Florida from the Georgia line through and including Dade County. 3. It is unlawful for any person to take, kill, possess, mutilate, or in any way destroy any turtle, or take or possess any part thereof, while such turtle is on the beaches or sand dunes of the west coast of Florida between Monroe and Collier Counties and the western boundary of the state, excepting turtles in the territorial waters thereof having a carapace measurement of more than twenty-six inches. 4. It is unlawful for any person to take, kill, possess, -25- mutilate, or in anyway destroy any green turtle, or take or possess any part thereof, while such turtle has a carapace measurement of not more than forty-one inches unless such person has a certified invoice that said turtle was shipped into Monroe County from a foreign country or outside the territorial waters of the State. The sea turtle protection law was enforced by the Florida State Board of Conservation (now the Florida Marine Patrol) and violators were arrested. The closed season discouraged some, however, many people would not accept the law and continued loss of the sea turtle populations was the result. Incidents such as one that occurred in Collier County in 1972 , finally assisted in the strengthening of turtle regulations on a State and Federal level. A local sea turtle biologist tagged and measured an adult female following her nesting. A group of men approached him and explained that once the turtle entered the water she was in the territorial waters of the State and they had witnessed the biologist measuring a turtle with a carapace of greater than 26 inches. The men then slaughtered the loggerhead without violating the law. The evidence was submitted to Federal, State, County and every conservation organization in the United States (LeBuff, 1990) . It was not until 1977 that the Florida legislature enacted the "Florida Endangered and Threatened Species Act of 1977", (FETSA) (Ch. 372.072-372 .073 , F.S. ) . The intent of the act is to -26- provide for research and management to conserve and protect these species as a natural resource. FETSA gives the DNR the responsibility for research and management of all marine species under the Federal ESA. The act provides for the definition of Endangered and Threatened Species as follows: (a) "Fish and wildlife" means any member of the animal kingdom, including, but not limited to, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate. (b) "Endangered species" means any species of fish and wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; over-utilization for commercial, sporting, scientific, or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence . (c) "Threatened species" means any species of fish and wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. Protection of marine turtles, nests and eggs under FETSA include the following regulations in Chapter 370. 12 F.S. : (1) PROTECTION OF MARINE TURTLES, NESTS, AND EGGS. - (a) No person may take, possess, disturb, mutilate, destroy, cause to be destroyed, sell, offer for sale, transfer, molest, or harass any marine turtle nest or eggs at any time. (b) No person, firm, or corporation may take, kill, disturb, mutilate, molest, harass, or destroy any marine turtle, unless by accident in the course of normal fishing -27- activities. Any turtle accidentally caught will be returned alive to the water immediately. (c) No person, firm, or corporation may possess any marine turtle or parts thereof unless it is in possession of an invoice evidencing the fact that the marine turtle or parts thereof has been imported from a foreign country or outside the territorial waters of the state, or are possessed under special permit from the Division of Marine Resources for scientific, educational, or exhibitional purposes . FETSA established within the FGFWFC the Endangered and Threatened Species Reward Trust Fund (Ch. 372 . 073 , F. S. ) . The primary purpose of the trust fund is for posting rewards to persons responsible for providing information leading to the arrest and conviction of persons illegally killing, wounding, or wrongfully possessing any endangered and threatened species cn the official Florida list. The DNR protects sea turtle nests and eggs through regulations in Chapter 161. 053 by conditioning the nature, timing, and sequence of permitted beach construction activities in Florida. The underlying strategy behind this is to provide protection to nesting sea turtles and hatchlings and their habitat. As a result of this section the DNR established Sea Turtle Protection Plan (STPP) Guidelines (Appendix B. ) . The STPP strongly discourages the repair of any coastal structure including dune walkovers, seawalls, revetments, sandbags, groins or jetties during sea turtle nesting season; May 1 to October 31, -28- of any year. Any construction involving dredging, filling, or placement of erosion control devices that disrupts a nesting sea turtle, nest, or results in the injury or mortality of a hatchling sea turtle is subject to prosecution under the Endangered Species Act and Florida Statutes. Construction activities which extend into nesting season for any reason are required to submit a STPP to the DNR and obtain their specific approval . Execution of the STPP must be carried out by a person or persons possessing a MARINE TURTLE PERMIT, co-issued by the DNR Division of Marine Resources , the DNR Division of Law Enforcement and the U. S. Fish and Wildlife Service. If the construction includes beach nourishment, the STPP must address long term impacts on nesting and hatching activity, and monitoring of nesting and hatching success may be required for up to three years. The STPP must also address beachfront lighting and limit the lighting to the lowest amount of lights necessary to provide adequate security. The lights are also required to be mounted less than 15 feet above the ground, be placed only in the immediate project area and not directly illuminate areas of the beach. Many sea turtle hatchlings become disoriented and die due to lighting from developments. Therefore the STPP also requires CCCL permit applicants proposing permanent lighting on new -29- beachfront construction to incorporate a permanent STPP. The STPP must describe the placement and type of fixtures in writing and illustrations . Specific criteria for permanent fixtures installed within line-of-sight of the beach must be designed and/or positioned such that the following is met: a. the point source of light is not directly visible from the beach, and; b. areas seaward of the primary dune (or equivalent) are not illuminated. Other specific regulations include the following: a . Safety lights are limited to the minimum number necessary. b. High intensity lighting for decorative and accent purposes, such as that emanating from spotlights or floodlights will not be used. c. Low intensity lighting, including balcony lighting, shall be limited to the minimum number necessary and shall meet above criteria. d. Beach access points, dune walkways, piers and any other structure designed for pedestrian traffic on or seaward of the beach shall use the minimum amount of low intensity lighting necessary to ensure safety. e. Pedestrian lighting shall be recessed, louvered, or shielded such that the above criteria are met. f. Parking lots and roadways (paved and unpaved) should be designed or positioned such that vehicular headlights do not cast light towards the beach. Native vegetation and other ground level barriers should be utilized where appropriate to meet the above specific criteria. G. Tinted glass or any window film applied to window glass that meets the shading criteria for tinted glass, shall be applied on all windows of single and multi•-story structures within line sight of the beach (DNR, 1988) . -30- Chapter 161. 163 requires local governments in the project area of permitted beach to have enacted ordinances or other regulations to protect sea turtles from the adverse effects of beachfront lighting. Chapter 161. 163 requires the DNR to designate coastal areas used by sea turtles or likely to be used for nesting habitats. The DNR is also required to adopt by rule, guidelines for local government regulations that control beachfront lighting to protect hatchlings. The Florida Department of Natural Resources is currently proposing to adopt a model lighting ordinance by rule (Appendix C. ) . The proposed rule, 16R-16 , Florida Administrative Code, is to provide guidance to local governments in adopting or updating local ordinances which protect marine turtles from the adverse impacts resulting from artificial beachfront lighting. The proposed rule establishes minimum standards for beachfront lighting. The Collier County Land Development Code amendment reflects the FDNR rulings developed from latest scientific research. -31- FEDERAL REGULATIONS In the late 1960' s and the early 1970' s Congress became aware of the fact that many species of fish, wildlife and plants in the United States have become extinct and many others had become so depleted in numbers that they were endangered or threatened with extinction. This phenomenon was a direct result of economic growth and development, without concern or regard for conservation. It was also declared that these species are of aesthetic, ecological, educational , historical, recreational and scientific value to the nation and its people. As a result, in 1973 , Congress passed the Endangered Species Act (ESA) . The purpose of the ESA was to provide a means whereby the ecosystems that endangered and threatened species depend upon may be conserved, by providing a program for the conservation of these species and to take the appropriate steps to achieve the purposes of international treaties and conventions. The United States joined with other nations to conserve, to every possible extent, various species of fish, wildlife, and plants facing extinction pursuant to the following International treaties and organizations: 1. Migratory bird treaties with Canada and Mexico; -32- 2 . the Migratory and Endangered Bird Treaty with Japan; 3 . the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; 4 . the International Convention for the Northwest Atlantic Fisheries; 5 . the International Convention for the High Seas Fisheries of the North Pacific Ocean; 6. the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and 7 . other international agreements . The ESA encourages the States and other interested parties, through Federal financial assistance, and a system of incentives, to develop and maintain conservation programs which meet national and international standards. A species is determined to be endangered or threatened because of the following factors: 1. the present or threatened destruction, modification, or curtailment of its habitat or range; 2 . overutilization for commercial, sporting, scientific, or educational purposes; 3 . disease or predation; 4 . the inadequacy of existing regulatory mechanisms; and 5. other natural or manmade factors affecting its continued existence. The lists of endangered species, threatened species, and species of special concern are published in the Federal Register and are reviewed and revised if necessary once every five years. -33- The loggerhead (Caretta caretta) is presently the only species of sea turtle that uses the beaches in Collier County for nesting. The loggerhead is listed as a threatened species by the USFWS. The five year status review for the loggerhead sea turtle was conducted in 1990; this report will be published and become available to the public in 1991 . • -34- COLLIER CQyNTY REGULATIONS Upon realizing that development threatens the survival of turtle hatchlings and that disorientation caused by artificial lighting is a key factor in hatchling mortality and disrupts the nest selection process, Collier County became the 3rd County in Florida to take the necessary action to mitigate these losses. The Collier County Board of Commissioners enacted the "Sea Turtle Protection Ordinance" in 1988 (Ord. 88-52) . In October 1991 the Collier County Board of Commissioners adopted the Collier County Land Development Code . Division 3 . 10 SEA TURTLE PROTECTION repealed and replaced Or. 88-52 . The following provisions of the LDC apply to all developments and construction along the Collier County coastline including the City of Naples (adopted County regulations for sea turtle protection) . New Development New development of buildings, single family and multifamily dwellings, commercial or other structures including parking lots, dune walkovers, or other outdoor lighting within 300 feet of the -35- MHW must comply with the following: 1 . Floodlights are prohibited. Wall mounted light fixtures must be fitted with hoods so that lights do not illuminate the beach. 2 . Pole lighting must be shielded so that no light illuminates the beach. 3 . Low profile luminaries must be used in parking lots and positioned so that no light illuminates the beach. 4 . Dune walkovers must use low profile, shielded luminaries. 5. Lights on balconies must be shielded with hoods so that lights do not illuminate the beach. 6. Tinted or filmed glass is recommended in windows facing the ocean above the first floor of multi-story structures. 7 . Temporary security lights at construction sites must not be mounted more that 15' above the grcund and their illumination must not spread beyond the property under development, and in no case may these lights illuminate the beach. Existing Development Existing developments and structures which can be seen from the beach must comply with the following: 1. Lights illuminating buildings or associated grounds for decorative or recreational purposes must be shielded or screened so they are not visible from the beach or must be turned off after 9 : 30 during sea turtle nesting season (May 1 to October 31 of each year) . 2 . Lights illuminating dune cross-overs of any area seaward of the dune must be turned off after 9 : 30 during sea turtle nesting season or modified to conform to "new development regulations" . -36- 3. Security lights are permitted throughout the night as long as low profile luminaries are used and shielded so they do not illuminate the beach. 4 . Tinted or filmed glass is recommended in windows facing the ocean above the first floor of multi-story structures so that interior lights do not illuminate the beach. Blackout draperies or shade screens can be used instead of the tinting. Publicly Owned Lighting Publicly owned lighting such as street lights and lights at parks and beach accesses are subject to the following: 1. Street lights must be located so most of the illumination is away from the beach. The lights must be equipped with shades or shields that prevent backlighting and must not be visible from the beach. 2 . Lights at parks and accesses must be turned off after 9: 30 p.m. during nesting season. General Requirements In addition to the above development regulations, the Sea Turtle Protection Ordinance makes it unlawful for any person to kill, molest or cause direct or indirect injury to any species of sea turtle in Collier County or its jurisdictional waters. It is unlawful to construct a structure, add fill, mechanically clean a beach or grade any dirt within 100' of the nesting zone of a beach without first obtaining a "Construction During Sea -37- Turtle Nesting Area Permit" (sic. ) from the County► Manager or his designee. County and State permits are also required for turtle handling and for nest relocation. The current Collier County Land Development Code (October, 1992) needs to be updated to conform to the latest scientific findings on beach lighting and sea turtle protection techniques. -38- SECTION IV PROPOSED LAND DEVELOPMENT CODE AMENDMENTS The following are the recommended LDC amendments to DIVISION 3 . 10 SEA TURTLE PROTECTION AND DIVISION 3 . 14 VEHICLES ON THE BEACH. Underlines indicate additions and strike-throu' s indicate additions. DIV. 3 . 10 SEA TURTLE PROTECTION. SEC. 3 . 10. 2 PURPOSE. The purpose of this division is to protect the threatened and endangered sea turtles that nest along the beaches of Collier County, Florida, by safeguarding sea turtle hatchlings from sources of artificial light and adult and hatchling sea turtles from injury or harassment. The County shall adhere to State. and Federal guidelines for the protection of sea turtles. SEC. 3 . 10. 3 NEW DEVELOPMENT. For new development, construction and building and electrical plans for construction of single family or multi-family dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if there is lighting associated with such construction or development that is within 300 feet of the line of mean high water or if there are any light sources or any reflective surfaces illuminated by such sources that will be visible from the beach, shall be in compliance with the following: 3 . 10. 3 . 1 Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that light :hall not illuminate the beach. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited . -39- 3 . 10. 3 . 2 Pole lighting shall be shielded in Such a way that theecessar y for security, convenience and safety. All lighting including wall mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section; shall be of low intensity and shall be fitted with hoods or positioned so that the light sources or any reflective surfaces illuminated by such sources are not visible from the beach. 3 . 10. 3 . 3 Low profile luminaries shall be used in parking lots and such lighting shall be fitted with hoods or positioned so that the no light illuminates the beaeh light sources or any reflective surfaces illuminated by such sources are not visible from the beach . 3 . 10 . 3 . 4 Dune crosswalks shall utilize low profile shielded luminaries. directed and positioned so that light sources or any reflective surfaces illuminated by such sources are not visible from the beach. Dune crossover lighting shall be limited to the area landward of the primary dune. 3 . 10 . 3 . 5 Lights en balconies shall be fitted with hood 30 that lights will net illuminate the beach. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be visible from the beach. between May 01, and October 31st of each yea 3 . 10. 3 . 6 • - - _ - -_ _ _ - - - - recommended in windows facing the ocean above the first floor of multi story structures. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry approved light transmittance value of 45% or less. Such transmittance shall be limited to the visible spectrum (400 to 700 manometers) and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. -40- 3 . 10. 3 .7 Temporary security lighting at construction sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lighto shall -not illuminate the beach. Dight sources or any reflective surfaces illuminated by such sources shall not be visible from the beach. " SEC. 3 . 10 . 4 EXEMPTIONS. The provisions of3 . 10. 3shall net apply Departmentprig to the effective date of this division. However, all ether provisions-of.this Coastal areas that de net have a beach landward of the line of mean high - tater -shall be exempt €met the provisions of Sec. 3 . 10. 3 . There are no exemptions. SEC. 3 . 10 . 5 EXISTING DEVELOPMENT. For existing development, within four months of the effective date of this division, lighting from -o.isting structures which can be seen from the beach existing structures with any light sources or reflective surfaces illu-inated by such sources that are visible from the beach, shall be in compliance with the follcwing: SEC. 3 . 10 . 5 . 1 Lights illuminating buil g; er arcoeiated grounds for decorative or recreational purposes shall be shielded or screened such that they are not -vicible fres- the beach, or should be turned off at -9 : 30 P.M. between May 01, and October 31s-t of each year. All lights shall be turned off after 9: 00 p.m. between May 1st and October 31 of each year, or fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be visible from the beach. SEC. 3 . 10. 5.2 Lights illuminating dune crossovers of any arca seaward of the dune shall be turned off after 4-:30 9 :00 P.M. between May 01, and October 31st of each year,—e and; must be modified to conform to the requirements for new development as per Sec 3 . 10. 3 of this division. SEC. 3 . 10. 5. 3 _ - .. _ : - - - - -41- profile luminaries arc used and shielded in such-,a way that those lights do not illuminate the beach. Security and emergency exit lighting should follow the same requirements stated in Sec. 3. 10. 5. 1 of this Division. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be visible from the beach. SEC. 3 . 10. 5. 4 Window treatments Tinted window treatments are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry approved light transmittance value of 45% or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers) and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. SEC. 3 . 10 . 6 PUBLICLY OWNED LIGHTING. Etrcct lights and lighting at parks and other publicly owned beach access areas shall be subject to the following: 3 . 10. 6 .1 Etrcct lights shall be located so that the bulk of their illumination will travel away from the beach. These lights hall be equipped with -shades or shields that will prevent backlighting and render then not visible form the beach. 3 . 10. 6 . 2 Lights at parks or other beach -cce_•s points shall be shielded or shaded or shall not be utilized after 9 : 30 P.M. between May 1st and October 31, of each year. All publicly owned lighting with light sources that are visible from the beach or that illuminate reflective surfaces that are visible from the beach, shall be turned off after 9: 00 p.m. between May 1 and October 31 each year or shall be fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not visible from the beach. SEC. 3 . 10. 7 UNLAWFUL TO KILL, MOLEST, OR INJURE SEA TURTLES. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any -42- species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or posses any part of an injured er dead a sea turtle. 3 . 10. 8 CONSTRUCTION DURING NESTING SEASON It shall be unlawful to construct any structure, add any fill , mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, during the nesting season without obtaining a Construction in Sea Turtle Nesting Area Permit from the Development Services Director. If sea turtle nesting occurs within 100 yards of the construction measured parallel to the shoreline during permitted construction activities, the nest area will be flagged by the permittee and the Development Cervices Dire-et-GT ' Q within 8 hours Natural Resources Director informed prior to 9 : 00 A.M. of that morning . Depending on nest location in relation to intensive construction activities, the Development Services Director Natural Resources Director may require that the nest (s) be relocated by the applicant pursuant to Sec. 3 . 10. 9 . 2 and Se. 3 . 10. 9 . 3 . SEC. 3 . 8 . 10. 1 Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. SEC. 3 . 8 . 10. 2 Construction or repair of any structure (e.g. , dune walkovers, seawalls or other revetments, sandbags, groins or jetties etc. } shall not be permitted during sea turtle nesting season on any Collier County beaches. SEC. 3 . 10.9. 3 NEST RELOCATION. If the Development Service.. Director Natural Resources Director, his/her designee finds it necessary for a nest to be relocated away from a construction area, then only the Development Services Director or Natural Resources Director, his/her designee or an individual possessing a Turtle Handling Permit shall move the nest. If the -43- Development Lervicco Director Natural Resources, or his/her designee who possess a Florida Marine Turtle permit, moves a sea turtle nest the cost shall be $100. 00 to the landowner. A nest that is more than 12 hours old shall not be relocated under any circumstances . DIV. 3 . 14 VEHICLES ON THE BEACH REGULATIONS SEC. 3 . 14 . 3 EXCEPTIONS: EXEMPTION CERTIFICATE. All exemption certificates to allow operation of vehicles on County beaches shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. During marine turtle nesting season (May 01 through October 31 of each year) compliance to Sec. 3 14 . 6 shall be adhered to. Sec. 3 . 14 . 4 During marine turtle nesting season (May 01 through October 31 of each year) compliance to Sec. 3 14 . 6 shall be adhered to. 3 . 14 . 5 BEACH RAKING AND MECHANICAL BEACH CLEANING 3 . 14 . 5 . 1 Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed one inch , in order to avoid a potential increase in the rate of erosion. In cases where the one inch depth is not sufficient, a maximum depth of two inches, as allowed be the Department of Natural Resources, will be permitted. 3 . 14 . 5 . 2 Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Light-weight vehicles having wide, low profile, low-pressure tires shall be used to conduct beach raking and mechanical beach cleaning operation:_ 3 . 14 . 5 . 3 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers. 3 . 14 . 5 . 4 Beach raking and mechanical beach cleaning are subject to the provisions of section OF SEC. 3 . 14 . 6 . -44- 3 . 14 . 5 . 5 Beach Raking and mechanical beach cleaning shall pot interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. • SEC. 3 . 14 . 6 OPERATION OF VEHICLES ON THE BEACH DURING MARINE TURTLE NESTING SEASON. The operation of motorized vehicles, including but not limited to, any self-propelled, wheeled, tracked, or belted conveyance, shall be prohibited on coastal beaches above MHW during sea turtle nesting season (May 1 to October 31 of each year) except in cases of law enforcement, emergency, or conservation of sea turtles . 3 . 14 . 6 . 1 Beach raking and mechanical beach cleaning during sea turtle nesting season (May 1 to October 1 of each year) shall be confined to the area of beach below MHW (or previous high tide mark) and, where a State certified sea turtle monitoring program is in place, shall be performed only after daily sea turtle monitoring has been conducted by a State certified sea turtle permit holder. -45- SECTION V FISCAL IMPACTS OF PROPOSED AMENDMENTS The fiscal impacts of the proposed Land Development Code amendments are difficult to assess. A preliminary Economic Impact Statement of the proposed FDNR rulings was conducted in 1988. The study indicated there were costs and benefits associated with rulings. The DNR rulings apply to coastal construction permitting at the State level and therefore, the standards for site development are currently addressed early in the coastal construction planning process. This does not necessitate additional costs from the County level . Collier County Government administers a Planning Services Department in the Development Services Administration Department, which is charged with the responsibility of Sea Turtle Ordinance review and Vehicle on the Beach Regulation review. Likewise, the Development Services Administration Department administers the Code Compliance Division. This Division is charged with the responsibility of conducting code enforcement for County codes. The proposed changes would not constitute additional costs, since these Divisions currently review permits and enforce the County Codes. -46- Although it is difficult to assess the benefits of sea turtles to the economy of Collier County, hatchling sea turtles contribute to food sources of commercial and recreational fish species. Adult sea turtles may provide population controls on commercial species or predators of commercial species (Diamond, 1988) . Limiting the amount of beach mechanically raked during sea turtle nesting season can decrease the amount of wind induced erosion and therefore, add to the recreational value of the beaches in their natural state and provide increased storm protection to upland properties. Less intensive use of mechanical beach cleaning equipment may also reduce vehicle maintenance and labor costs (Diamond, 1988) . The general public may receive substantial benefits by reducing energy costs for beachfront lighting. The use of lower wattages or shutting off the lights entirely can provide savings to property owners and utilities. Tinting windows will also reduce glare and heat exchange causing increases in electrical power during the summer months. Collier County has been administering and enforcing the Sea Turtle Ordinance and subsequent Land Development Code since 1988. The proposed changes will not have a negative fiscal impact on Collier County Government or the general public. -47- SECTION VI SUMMARY OF RECOMMENDATIONS 1 . Daily monitoring of developed nesting beaches in in order to minimize nest damage in heavy pedestrian traffic areas. 2 . Limiting the number and increasing the spacing of dune crossovers. 3 . Public education and awareness programs aimed at beachfront property owners and visitors. 4 . A comprehensive investigation of beach compaction on natural and nourished beaches . 5. Studies directed towards the effects of human stress and the critical "frenzy" period of sea turtle hatchlings. 6. Studies are needed to determine the effects of pollutants buried on nesting beaches. 7 . Inspection of dune areas in the vicinity of garbage receptacles. Improved methods of securing garbage receptacle lids. 8 . Raccoon control program in Collier County beach parks. 9 . Alternative natural controls on fire ants on nesting beaches. 10. Sand fences and PVC watering systems should be removed from in front of the primary dune during nesting season. 11. Beach nourishment should be timed as to not interfere with sea turtle nesting season. 12 . Sloping of scarped beaches needs to be conducted when needed -48- APPENDIX A . SENT BY:VE3 b PEST CONTROL ;12-10-92 ;10:57AM 1 AIERICA' `YANAMID• 8137749222;8 1 Post4t."brand tax transmittal memo 7671 =WM aiIMOt' - 39 d AMERICAN CYANAMID PAGE 1 OF 5 WAYNE, NEW JERSEY 07470 MSDS NO. 2075-06 MATERIAL SUETY DATA SHEET CAS NO. 067485-29-4 DATE: 7/27/90 Mg • c ; J: • ;i • : 5-31• • PRODUCT TRADE NAME: AMURO. Eire ..nt insecticide IDENTIFICATION AMDROm Granular Insecticide SYNONY'M8: HylraMathYlngn Tetrahydro-5, 5-d ii ethv1-211H) - pvrimidUnone (3-r4 (trlfluoroinethyl' Dhenv11-1-I 2-14-Ltrifluoromethyl) phenyl)ethenv11-2-prq snylideneJ �lydrazone CHEMICAL FAMILY: Amidinohydraz_one MOLECULAR FORMULA: C25H24N4F6 MOLECULAR WGT. : 494 .5 WARNING CAUTION! STATEMENTS KEEP OUT OF REACH OF CHILDREN. AVOID ANY PROLONGED CONTACT TO SKIN OR EYES . HAZARDOUS COMPONENT CAS. NOS $ TWA/CEILIIj INGREDIENTS Hydramethylnon 067485-29-4 1. 02 1. 4 mg/13 (TWA) REFERENCE: AMERICAN CYANAMID COMPANY 1986 PHYSICAL APPEARANCE Yellow-tan, free-flowing granules PROPERTIES AND ODOR: having an odor characteristic of vegetable QIL BOILING POINT: Not applicable MELTING POINT: Not applicable VAPOR PRESSURE: Not applicable BULK DENSITY: 15-24 lbs/ft VAPOR DENSITY: Not applicable 1 VOLATILE (BY VOL. ) : Not applicable OCTANOL/IiZ 0 PARTITION COEF. : Not applicable pH: Not anolicable • DATLIRATION IN AIR LRY VOL.)] Hot amicable EVAPORATIQN RATE: Not applicable SOLUBILITY IN WATER: Insoluble SENT BY:VE4 b PEST CONTRr ;12-10-92 : 10:58AM : AMERIC ;YANAMID. 8137749222:1 2 MSD$ NO. 2075-06 _ PAGE 2 QP 5 7IRE AND FLASH POINT: > 220•P (> 104•C'1 Setaflash (c.cuip) EXPLOSION FLAMMABLE LIMITS Not available HAZARD AIUNITION TEMP._: 404 ± 5°C INPORMATION DECOMPOSITION TEMP: Not available FI$g EX!UMGUISHINC MEDIA: Use water, ,foam, carbon dioxide, or dry chemical, to extinguish fires. FIR CONTROL TACTICS: Avoid heavy hose streams; airborne dust may create an explosion hazard. Wear self-contained, positive pressure breathing apparatus and full fire fighting protective clothing. Keep unnecessary people away. Use as little water as possible. Dike area of fire to prevent pesticide run-off. Use spray or fog - solid stream may cause spreading. Do not decontaminate personnel or equipment, or handle broken packages or containers without handle broken packages or containers without protective equipment as specified in the Exposure Control Section. Decontaminate emergency personnel with soap and water before leaving the fire area. Avoid breathing dusts, vapors and fumes from burning materials. Control run-off water - if water enters a drainage system, advise the authorities downstream. pUST EXPLOSION DATA: This material has been tested in a 20-liter spherical bomb (per NFPA 68-1978) and has been found to be a Class 1 dust explosion hazard. <lt of this material passed through a 200 mesh screen for explosion testing after being ground up. If the material is further processed, the dust explosion hazard may change and it should_ be retested. NIPPY. HAZARD RATING Hazard rating not assigned. REACTIVITY DATA STABILITY: STABLE CONDITIONS TO AVOID: This product may develop rancidity on prolonged exposure to air. POLYM!RIZATION: WILL NOT OCCUR INCOMPATIBLE MATERIALBi Not available HAZARDOUS Thermal decomposition may produce DECOMPoSITION hydrogen fluoride and oxides of PRODUCTS: carbon and nitrogen. r , SENT 5Y:VE3 & PEST CONTROL 12-10-82 : 11 :00AM : AMERICAN CYANAMID-. 8137749222;47 ! • PAGE 5 OF 5 ADDITIONAL REGULATORY INFORM.ATY02Z SARA Title ;II Data LOrgIlan_211_1114_112 Hazard Categories Immediate Health Hazard - __Y._ Reactive Hazard - -, L Delayed Health Hazard - .L Sudden Pressure - Release Hazard Fire Hazard - Section 30Z Extremely Hazardous Substances - None Section 313 Toxic Chemicals - None CERCLA Reportable Ouantity None APPENDIX AMDRO® FIRE ANT INSECTICIDE IS A REGISTERED TRADEMARK OF THE AMERICAN CYANAMID SOURCE AND SHEET NO, : 2075-06 DATE INFORMATION DATE: 7/27/90 The information and statements herein are believed to be reliable but are not to be construed as a warranty or representation for which we assume legal responsibility. Users should undertake sufficient verification and testing to determine the suitability for their own particular purpose of any information or products referred to herein. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS MADE. . • .;.4 r► r., . v.,,itiv6 ;12-10-92 i10.S$AM • AMERICAN CYANAMID.. ,. .4, i»0444.1 3 MSDS Nd. 2075-06 PAGE 3 OF 5 HEALTH HAZARD TOXICITY DATA AND INFORMATION EFFECTS OF OVEREXPOSURE: The acute oral LD50 in both male and female rats is greater than 5000 mg/kg indicating that this product is practically nontoxic by ingestion in single doses. The acute dermal LD in both male and female rabbits is greater than 2000 m49kg indicating this product is no more than slightly toxic by single skin applications. This product is mildly irritating to the rabbit skin but is not irritating to the rabbit eye. Hydromethylnon, the active ingredient in AMDRO is not listed as a carcinogen by OSHA, IARC or NTP. EMERGENCY & FIRST AID PROCEDURES: ;F INHALED: Remove to fresh air. IF INGESTED: Drink two glasses of water, induce vomiting if the person is conscious. Seek medical attention. IF ON SKIN: Wash skin with plenty of soap and water. Get medical attention if irritation persists. ;F IN EYES: Wash with plenty of water. NOTES TO PHYSICIAN There is no specific antidote. Treatment of overexposure should be directed at the control of symptoms and the clinical condition. • A::;.4 F)R I.ST.PETERSEL G.FZ_. 813 B p01 D P.82 ,/' i ' SEA TUATLL PROTECTION PLAN (STPP) GUIDELINES ' ••.. Kettott 161.03(S)(t) 'ORM SWAT[. the d.part.ent may condition the nature, timing, and •'•:.ti.Q7.mer±ce'of eonatructlon of permitted sctivlties to provide protection to nesting sea turtles end w.ichttngs srd their k.blt.t, pursuant to s. 370.1Z, end to native selt•rsclstent ' veget.tfon and endangered plant coms'nitl.o. / CONSTRUCTION impacts on nesting and hatching . activity is required. Moni- • Construotion or repair of any toring of nesting and hatching struoturs (e . g . , dune success may be required for up walkovers, seawalls or other to three years. In areas of revet.meiate, sandbags, groins or known leatherback nesting, jetties, etc. ) is strongly monitoring may be required discouraged during the sea tur- beginning March 1. tie Ae)-ting and hatching season _ (Kay i- ' to October 31) . Any If construction (regardless of construction activity (inclu- timing) involves beachfront ding placing fill, dredge lighting or illuminated struc- spoil;'or• erosion control devi- tures, then submission of an ces on' the beach) during this STPP addressing lighting time -that disrupts a nesting impacts is required and should sea turtle, disrupts or de- follow the guidelines outlined stroys: ¢ _sea turtle nest, or and provided herein. The ap- results in the injury or mor- plioant is strongly encouraged tality of a .hatchling sea tur- • to seek the services of an en- tie subjects the applicant to vironmental consulting firm prosecution under the Endanger- that possesses expertise regal- ed Species Act and Florida Sta- ding sea turtles when develop- tutes. Construction activities ing an STPP for coastal which extend into or begin dur- construction, erosion control ing this time period require installations, or illuminated the submission ofan STPP and structures. During construc- approval,- by"FDNA_ staff before tion, temporary security light- a,11ap jltication . is1, considered. ing shall be limited to the omple ,Ies,i(Art, „the appli- fewest number of lights neces- cant 4must...ident1fy the entity _ sary to provide adequate secur- who wiles-•execute the STPP once ity. These lights shall not be. the CCCL permit is issued. The mounted more than 15 feet above errti-"that is responsible for the ground, illuminate areas the execution of the STPP must outside the subject property, $VS'Sre:tai MARINE TURTLE PERMIT or directly illuminate areas of t6= ' §Najed by the FDNR Division the beach. 11" . t[ZYe Resources and FDNR Tti'`fi 1%W -of -taw Enforcement. PERMANENT LIGHTING f`tele•construction activity is gidiaetif-jje.tween May 1 and The negative effects of td)i 'il(and is so stipulated - beachfront lighting on sea 1*.litqwrItitigsby the applicant, turtle hatchling survival are bat it1pmission of an STPP for well documented. Hatchlings `t lii collieY ct`ion phase of the emerge during hours of p=i1ooj'ert`' is' 'ii'dt''required. If darkness, which allows them to `tie tonitru 'i_on involves in- -make their journey to sea when rstill`ation'lof an erosion con- sand temperatures are low and trol rsttuctdre or system terrestrial and aquatic •tind3lrudin4 beach nourishment) , predators comparatively few. 'ti nrsiubfaission of an STPP ad- Under natural conditions, the dressing- long tem (multi-year) ocean usually presents the t.t • ...._ti.. , . . ,..t{is , .,he .con, and this the b :h, and: 4'vh6; as a cue to hatchlings to .,t ; their ocean-finding b. areas seaward of the behavior. . Artificial lights, primary dune (or equivalent) which. .ar• a common feature of are not illuminated. Florida's developed coastline, serve"•,as powerful - attractants Outdoor lighting for safety and to ' ` tie* - hatchlings as they security shall be limited to emergqe . from their nests. In- the minimum number necessary. . stead of making their way to the - ocean, disoriented High intensity lighting for hatchlings wander extensively decorative and accent purposes, on the beach, through adjacent such as that emanating from parking lots, or across high- spotlights or floodlights shall ways . toward light sources. not be used. Most die from desiccation, dir- ept;;gcposure to the morning Low intensity lighting, includ- aun, •or contact with vehicles. ing balcony lighting, shall be Even for those hatchlings that limited to the minimum number eventually reach the ocean, necessary and shall meet the unnecessary wandering caused by specific criteria listed above. disorientation increases risks of predation on the beach and Beach access points, dune expends limited energy stores . crossovers, ]beach walkways, In. 'addition ' to the negative piers or any other structure effects on hatchlings , designed for pedestrian traffic beachfront -. lighting .has been on or seaward of the beach 13houn' to have negative effects shall use the minimum amount of on nesting females and can low intensity lighting result- in- reduced nesting ac- necessary to ensure safety. tivity. Pedestrian lighting shall be - recessed, louvered, or shielded Trherefbre-, •CCCL permit applica- such that the specific criteria tions for structures featuring listed above are net. permaneht J4ighting that may ilItitinate or . be visible from Parking lots and roadways, in- t1 il=i acli utast 1'i-11-Corporate an eluding any paved or unpaved hil ''i44-'`hd•,'STPP iiitist describe area upon which motorized ififilli0e nt''�`and type of fix- vehicles will operate, should lreiPin 1''aiit lari4uage and/or be designed or positioned such tL`ieWiliustrations. Architec- that vehicular headlights do 'tura'i Si engineering drawings not cast light toward the ' o biLsubmitted in lieu of beach. Hedges, native dune t ' ''i t�N STPP; they do not vegetation and/or other ground- :' od3tdettthe details necessary level barriers should be uti- ` "htaff• to evaluate a lized where appropriate to meet roject*s'--impact. the specific criteria listed .-.;:q.. '-t •• • ' above. ti..t tAi t T `LIGHTING GUIDELINES - `-''tti or -'''' Tinted glass, or any window TB'peeilli tciiteria: Exterior film applied to window glass Ti �±hq. i fixtures installed that meets the shading criteria ai`ftWditz6ct line-of-sight of for tinted glass,shall be ap- t $ttaa;hrt•shall be designed plied on all windows of single itY10/Wpo&itibned such that: and multi-story structures W:i 11t "e ' di7it' source of light within line sight of the beach. tilc' " iad:-- difebtly visible from 1. . .••!-;. -t. . . •T• . TOTE.. P.O3 REQUIRED ELEMENTS OF A BEACH CLEANING SEA TURTLE PROTECTION PLAN Description, boundaries, and maps delineating where cleaning vehicles or equipment will be operated; Annual number ofseturtle nests sbkno n to be deposited within the boundaries eined Outline of daily sea turtle nest survey protocols to identify, mark, and protect sea turtle nests from vehicular traffic and beach cleaning equipment; Outline of protocols to be used to protect hatchling sea turtles from vehicles or from entrapment in vehicle tracks; If sea turtle nest relocation to another section of beach is proposed, identify the receiving site and personnel conducting the rest relocations (NOTE: NEST RELOCATION PERSONNEL MUST BE ADEQUATELY TRAINED, PERMITTED AND APPROVED BY THE DIVISION OF MARINE RESOURCESVIS'TESDIVISION BE APPROVEDENFORCEMENT. THE EST ECEI DIVISION OF SINE RESOURCES) ; Sea turtle nest relocation to a beach hatchery may be approved and permitted if no natural beach site conducive to nest hatching success can be located, butt restrictions and approvals of the preceding nest relocation provision also apply. Further, proposed hatchery designs must be approved by the Division of Marine Resources. July 11, 1989 • . • MECHANICAL BUM CLEANING AND BEA TQRTLE HABITAT MANAO EM INT Mechanical beach cleaning has a number of deleterious 'effects on sea turtle nest viability, hatchling emergence, and our ability to monitor nesting populations. • Repeated use of heavy mechanized equipment to remove debris over deposited nests compacts beach sand and lowers hatch success (as does the use of vehicles on the beach) . Near the end of the incubation period, and prior to emergence, sea turtle hatchlin:s make their way up toward the surface of the sand for several day; until environmental conditions that trigger emergence are met. During this time they are particularly vulnerable to any • activities which would cause compaction or disturbance of the sand above them. The impacts of vehicles or mechanized equipment could result in high hatchling mortality or may cause them to emerge before they are ready. cleaning and driving on nesting beaches during the nesting seasor. also obscures tracks left by nesting females or emerging hatchlings. These "crawls or tracks" are enumerated during beach. surveys and used to monitor nesting and hatching activities . is essential that we remain able to interpret these tracks in order continue accurate surveys. The following beach cleaning operating conditions were developed by staff of the Florida Marine Research Institute. MECHANIZED BEACH CLEANING CCCLr CONDITIONS All mechanical beach cleaning activities designed to remove debris from the beach, alter beach profiles, or disturb more than the upper two (2) inches of beach sediment through the use of motorized vehicles or other mechanical means, shall comply with the following standards: Equipment, methodologies and points of access should be consistent with long-term beach-dune preservation established by the local government and the Department. Beach cleaning shall be confined to daylight hours and should be confined to the non-nesting season. During the nesting season (May 1 through October 31) : (1) Beach cleaning operations shall be limited to the debris line (previous high tide mark) whenever possible. (2). Light-weight motorized vehicles having wide, low-profile, low-pressure, tires shall be used to conduct beach cleaning operations instead of heavy equipment. (3) Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate beach sediments by more than two inches. • . . • Motorized Vehicles, General operations The following protection are establishedduring for ththe enprotectionseason of sea(May • 1 through October turtles: The operation of motorized vehicles, including but not limited to, any self-propelled, wheeled, tracked, or belted conveyance, should be prohibited on the beach during the nesting season, except in cases of law enforcement, emergency or as otherwise approved by the local government. • October 10, 1959 • APPENDIX C. 1 MARINE TIIRTLE PROTECTION 2 CHAPTER 16R-16 3 RAFT 4 16R-16 . 001 Purpose and Intent. 5 16R-16 . 002 Definitions. • , 6 16R-16 . 003 Marine Turtle Nesting Areas. • 7 16R-16 . 004 General Guidance to Local Governments. g 16R-16 . 005 Prohibition of Activities Disruptive to Marine Turtles 9 16R-16. 006 Model Standards for New Lighting. 10 16R-16 . 007 Model Standards for Existing Lighting. 11 16R-16 . 008 Proposed Enforcement and Penalties. 12 16R-16 . 009 Monitoring and Reporting Guidance. 13 14 16R-16 . 001 Purpose and Intent. 15 (1) The purpose of this rule is to implement. Section 161. 163, 16 Florida Statutes, which requires the department to designate 17 "coastal areas utilized, or likely to be utilized, by sea .turtles 18 for nesting, " and to establish °guidelines for local government 19 regulations that control beachfront lighting to protect hatching 20 sea turtles. " This rule is intended to guide local governments in 21 developing ordinances which will protect hatchling marine turtles 22 from the adverse effects of artificial lighting, provide overall 23 improvement in nesting habitat degraded by light pollution, and 24 increase successful nesting activity and production of hatchlings. 25 Specific Authority 161.163 F.S. , Law. Implemented 161.163 F.S. , 26 History - New, 1 1 16R-16 .002 Definitions. htinq" means the, light 2 (1) "Artificial light" or "artificial lig 3 emanating from any human-made device. "Beach" means the zone of unconsolidated material that exten df 4 (2) Be landward from the mean low water line to, the place where there or to the lin: if 5 hic form, 6 a marked change in material or physiograp 7 of permanent vegetation, usually the effective limit of stor: 8 waves. work or activit 3 ) „Coastal construction activities" means any on existing 11 9 ( h sical effect that is likely to have a material p Y 10 processes. coastal conditions or natural shore and inlet Charlotte, Citrus "County" means Bay, Brevard, Broward, 12 (4 ) County Collier, Dade, Dixie, Duval, Escambia, Flagler, Franklin, Gulf 13 Manatee, Marti:, 14 Hernando, Indian River, Jefferson, Lee, Levy, Nassau, Okaloosa, Palm Beach, Pasco, Pinellas, St. Johns 15 Monroe, Ta loz, Volusia, 16 ar St. Lucie, Santa Rosa, Sarasota, Suwanee, Y 17 Wakulla Counties. "Department" means the Department of Natural Resources. 18 (5) usual: 19 (6) „Dune" means a mound or ridge of loose sediments, 20 sand-sized sediments, lying landward of the beach and deposited 21 any natural or artificial mechanism. or man-made mound < 22 (7) "Frontal dune" means the first natural of sand located• landward of the beach and which h, 23 bluff and configuration 24 sufficient vegetation, height, continuity, 25 offer protective value. 26 (8) "Ground-level barrier" means any vegetation, natural featu 2 or artificial structure rising from the ground which prevents 1directly onto the beach dune beachfront lighting from shining 2 ground-level barriers must 3 system. For the purposes of this rule, or hatchling emergence nor 4 not interfere with marine turtle nesting s stem. se short or long term damage to the beach/dune Y 5 cau . . within or 6 (9) "Hatchling" means any species of marine turtle, 7 outside of a nest, that has .recently hatched from an egg. 10) "Local government" means any county listed in (4) above and 8 ( ors ecial taxing 9 any municipality, community development district, P 10 district within those counties. "Marine turtle" means any marine dwelling reptile of the 11 (11) families Cheloniidae or Dermochelyidae found in Florida waters or 12 the species: Caretta using the beach as nesting habitat, including 13 Dermochelvs 14 car_�a (loggerhead) , L Che� nia mYdas (green turtle) , coriaca (leatherback) , retmochel s imbricate (hawksbill) , and 15 eur� oses of this rule, 16 I,epidk ochelYs em� (Kemp's ridley) . For p ;p marine turtle is synonymous with sea turtle. 17 s have been 18 (12) "Nest" means an area where marine turtle egg 19 naturally deposited or subsequently relocated. estin season' means the period from May i through October 20 (13) "N g 31 of each year for all counties except Brevard, Indian River, St. 21 season for 22 Lucie,_ Martin, Palm Beach, and Broward. Nesting 23 Brevard, Indian River, St.- Lucie, Martin, Palm Beach, and Broward 24 counties means the period from March 1 through October 31 of each 25 year. "Nighttime" means the locally effective time period between 26 (14) 3 geme7...............1 1 sunset and sunrise• children, firms, associations, (15) "Person" Means individuals, 2 estates, trusts, syndicates, 3 joint adventures, partnerships, 4 orations, and all other groups or combinations. 5 fiduciaries, corp "Tinter glass" means any window or glazing which has an (16) t transmittance value of 6 industry approved inside to outside lightthe visible spectrum 7 45% or less. Such transnfttanCe is limited topercentage of light 8 (400 to 700 nanometers) and measured as the pert that is transmitted through the glass. 9 10 F.S. , Law Implemented 161. 163 F.S. , Specific Authority 161 . 163 , History - New, 11 eating Areas. 16R-16.003 Marine Turtle N 12 es ca= 14 s have demonstrated that marine tort G 13 Scientific investigationthe state. Historical data 1_ nest along the entire coastline of marine 15 not sufficient to exclude any county as an area utilized by of this rule, however, tr= turtles for nesting. For the purposes 16 to be utilized, b: or likely coastal areas of the state includeutilized• beaches, fronting the water 17 all 18 marine turtles for nestingGulf of Mexico, and the straights c 19 of the Atlantic Ocean, the Charlotte, •Collies Brevard, Broward, 20 Florida, located within Bay, Indian River, Lee ler, Franklin, Gulf, Escambia, Flag 21 Dade, Duval, "' palm Beacr Manatee, Martin, Monroe, Nassau, Okaloosa, 22 Lem'' Sarasota, and Volus� St.- Lucie, Santa Rosa, Pinellas, St. Johns, - - 23 Pose beaches. Counties; and, all inlet shorelines of 24 Law Implemented 161.163, 370.1 25 Specific Authority 161. 163, F.S. , 26 F.S. , History - New, 1 14R-14 •004 General Guidance to Local Governments. hatchling 2 ( 1) The responsibility for protecting nesting female and h g 3 marine turtles is a joint responsibility of local government and the department. Local governments are encouraged to adopt, � rovided herein to assist in 5 implement, and enforce the guidelines p 6 that responsibility. Local governments that have adopted less stringent regulations should consider amending existing ordinances to provide greater protection to nesting marine turtles an 8 d lementinq these guidelines, the 9 hatchlings • In the process of imp l 10 following management goals should also be considered by ' loca 11 governments: (a) public Awareness. Any person submitting an application 12 urisdictional 13 for coastal construction activities within the 7 boundaries of the local government should be informed of the 14 overrunent's 15 existence of and requirements within the local g 16 ordinances concerning artificial lighting and marine turtle 17 protection. fib) Local_ Government - Department Communication. Upon 18 19 adoption of these guidelines, a system of- communication 20 between the local government and the department should be 1 developed if it does not already exist. Protection of marine 2 and hatchlings is 22 turtle nesting habitat, nesting females , greatly enhanced when- local governments manage their beaches 23 rodent 24 and coastal activities in a manner consistent with p marine turtle conservation strategies. The department is 25 rovidinq such 26 ready to assist local" governments by P 5 . • conservation information and other technical assistance. 1Upon ado tion of these 2 (c) Inter-Governnental ,Coop enation. P guidelines, local governments should develop a system for 3 - 4 receiving copies of all applications for or actual permits 5 issued by the department, the Department of Environmental 6 Regulation, or the United States Army Corps of Engineers for 7 any coastal construction within the local government' s 8 jurisdiction. Activities permitted by these agencies should 9 be assessed for compliance with the local government's 10 lighting ordinance. 11 (d) Enforcement. Local governments should develop a process 12 for the consistent and effective enforcement of adopted, 13 guidelines. This process should include at least one 14 compliance inspection of the beach conducted at night prior tc 15 the commencement of the main portion of the marine turtle 16 nesting season and one compliance inspection conducted during 17 the marine turtle nesting season. 18 (2) The department considers the provisions of this Chapter to be 19 minimum guidelines for the protection of nesting habitat, nesting 20 females, and hatchling marine turtles from the negative effects of 21 artificial lighting. More stringent standards for marine turtle 22 protection may be adopted by local governments. Prior to adoption. 23 of any additional standards, local governments are encouraged tc 24 consult with the department to ensure that the proposed standard: 25 are consistent with the guidelines set forth herein and with al: 26 other applicable department rules. 6 1 Specific Authority 161. 163 F.S. , Law Implemented 161. 163, F.S. , 2 History - New, __• 3 16R-16 . 005 Prohibition of Activities Disruptive to Marine Turtles. direct illumination of portions a The following activities involving each should be prohibited on the beach at nighttime during 5 of the b females, nests, . 6 the nesting season for the protection of nesting and hatchling marine turtles: 7 except emergency and 8 (1) The operation of all motorized vehicles, p each for marine 9 law enforcement vehicles or those permitted on the 10 turtle conservation or research. it (2) The building of campfires or bonfires.Implemented 161 . 163 , F.S. , 12 Specific Authority 161. 163 , F. S. , Law 13 History - New _• htin 16R_16. 006 Model Standards for New Beachfront Lig g. shall meet 14 15 Artificial light sources on all new coastal construction ' 16 the following standards: 17 (1) Exterior artificial light fixtures Within direct line-of-sight g of the beach are designed and positioned so that: 19 1reflective surface of • (a) The point source of light or any 20 the light fixture is not directly visible from the beach; and, 21 (b) Areas seaward of the frontal dune are not directly, 22 indirectly nor cumulatively illuminated. erior artificial light fixtures on the seaward side of a 23 (2) Ext if: structure are considered appropriately design 24 fixtures or recessed 25 (a) Completely shielded downlight only vin log+ wattage (i.e. , 50 watts or less) "bug' 26 fixtures ha 9 . 7 1 type bulbs and non-reflective interior surfaces are used. • Other fixture types that have appropriate shields, louvers, or 2 theyconstitute cut-off features may also be used if 3 (b) above; and, 4 compliance with subsection ( 1) (a) and n asn possible (b) All fixtures are mounted as low in elevation s and 5 • low bollards,_ 6 through use of low mounted wall fixtures, 7 ground level fixtures. odli hts, uplights or spotlights for decorative and accent 8 (3) Flo g or which oses that are directly visible from the beach, 9 Pur P indirectly or cumulatively illuminate the beach, shall not be use . 10 indl purposes 11 (4 ) Exterior lights used expressly for safety or security 12 shall be limited to the minimum number and configuration required 13 to achieve their functional role (s) . used in parking areas 14 (5) Only low intensity lighting shall be in line-of-sight of the beach. Such lighting shall be: - 15 with no higher 16 (a) Set on a base which raises the source of light and 17 than 48 inches off the ground; is cast downwar 18 (b) Positioned or shielded so that the light 19 and the source of light or any reflective surface of the ligh. 20 fixture is not visible from the beach and does not directly or indirectly illuminate the beach. 21 awed or unpave: 22 (6) parking areas and roadways, any y P 23 areas upon which motorized vehicles will park or operate, shall b,E 24 designed and located to prevent vehicular headlights from directl', illuminating the beach. 25 or indirectly and roadwa 26 (7) Vehicular lighting, parking area lighting, B • • • 1 lighting shall be shielded from the beach through the use of 2 ground-level barriers. 3 (8) Tinted glass or window film applied to exterior glass that 4 meets the light transmittance criteria for tinted glass, shall be 5 installed on all windows and glass doors of single or multi-story 6 structures within line-of-sight of the beach. 7 (9) Use of low pressure sodium vapor lamps and fixtures shall be 8 favorably considered for high-intensity lighting applications such 9 as lighting parking areas and roadways, providing security, and 10 similar applications. 11 (10) Temporary lighting of construction sites during the marine 12 turtle nesting season shall be restricted to the minimal amount 13 necessary and shall incorporate all of the standards of this 14 section. 15 Specific Authority 161. 163 , F.S. , Law Implemented 161. 163, F. S. , 16 History - New, • 17 16R-16.007 Model Standards For Existing Beachfront Lighting. 18 Existing artificial beachfront lighting sources shall meet the 19 following standards: 20 (1) Existing artificial light fixtures within direct line-of-site 21 of the beach shall be repositioned, modified,. or removed so that: 22 (a) The point source of light or any reflective surface of 23 the light fixture is not directly visible from the beach; and, 24 (b) Areas seaward of the frontal dune are not directly, 25 indirectly, nor cumulatively illuminated. 26 (2) The following measures are intended to reduce or eliminate 9 • , 1 the negative effects of existing exterior artificial lighting: permanently remove or permanently disable the fixture; 2 (�,) source of light (b) Reposition the fixture so that the point is no longer 3 ht fixture 4 or any reflective surface of the lig visible from the beach; 5 u an exposed light source with (c) Replace tixt res having 6 ht sources or shields; fixtures containing recessed lig 7ht bulbs with yellow "bug" type (d) Replace traditional lig 8 9 bulbs not exceeding 50 watts; directional (e) Replace non-directional fixtures with 10 fixtures that point down and away from the beac ; 11 12 transparent or translucent (f) Replace fixtures having shields covering an arc coverings with fixtures having opaque 13 an a ro riate distance 14 of at least 180 degrees and extending FP peaward side so 15 below the bottom edge of the fixture on the s 16 that the light source or any reflective surface of the light 17 fixture is not visible from the beach; _level luminaries fig) Replace pole lamps with low-profile, low 18 reflective surface of the so that the light source or any 19 - - light fixture is not visible from the beach; 20 and high intensity �h) Replace incandescent, fluorescent, 21 ressure sodium vapor 22 lighting with the lowest wattage low p 23 lighting applicable; i Plant or improve vegetation buffers between the light 24 ( ) 25 source and the beach to screen _light from the beach; and 26 • (j) Construct a ground level barrier to shield light sources 10 • 1 from the beach. 2 (3) The following measures shall be used to reduce or eliminate 3 the negative impacts of interior light emanating from doors and 4 windows within line-of-sight of the beach: 5 (a) Apply window tint or film that meets the standards for 6 tinted glass; 7 (b) Rearrange lamps and other moveable fixtures away from 8 windows; 9 (c) Use window treatments (e.g. , blinds, curtains) to shield 10 interior lights from the beach; and 11 (d) Turn off unnecessary lights. 12 Specific Authority 161 . 163 F. S. , Law Implemented 161. 163 , F. S. , 13 History - New, 14 16R-16.008 Proposed Enforcement and Penalties. 15 Enforcement, appeal, and remedy of matters related to this Chapter 16 should be regulated pursuant to procedures established under local 17 ordinances. Penalties for non-compliance should be established and 18 should be sufficient to discourage violations. Enforcement 19 capability should be adequate to respond to possible violations 20 within the timeframe necessary to prevent continued and prolonged 21 impacts to marine turtles and hatchlings. 22 Specific Authority 161. 163, F.S. , Law Implemented 161. 163, F.S. , 23 History - New, 24 16R-16.009 Monitoring and Reporting Guidance. 25 The following information should be compiled on an annual basis and 26 submitted to the department. 11 1 (l) Number of lighting applications r_.iewed, 2� Number of potential violations reported, 2 ( Number of potential violations investigated, 3 (g) 4 (4 ) Disposition of all potential violations including results of cement actions and amounts of penalties assessed, 5 enfor rior to and during the esults of compliance checks conducted p 6 (5) R• 7 marine turtle nesting season. 8 (6) Status of local lighting ordinances and any amendments to 9 those ordinances . 10 11 PERSON ORIGINATING THE PROPOSED RULE: David W. Arnold, 12 NAME OF Office of Biological Administrator, Division of Marine Resources, 13 MS 245 ,14 Protected Species Management, 3900 Commonwealth Blvd. , 15 Tallahassee, Florida 32399-3000 . SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Edwin 16 HAKE OF3 9 0 17 J. Conklin, Jr. , Director, Division of Marine Resources, . 18 Commonwealth Blvd. , MS 200, Tallahassee, Florida 32399-3000 19 DATE PROPOSED RULE APPROVED: 20 21 12 REFERENCES Ackerman, R.A. 1980. Physiological and ecological aspects of gas exchange by sea turtle eggs . Amer . Zool . 20 : 575-583 . Adams, D. E. 1966 . More about the ridley - operation Padre Island: Egg transplanting. International Turtle and Tortoise Society Journal . Sept - Oct 1966 . Addison D. and B. Morford. 1990. Sea turtle rescue project. Unpub. report to the Conservancy, Inc. Naples, Fl. 51 pp. Anderson, P.K. 1958. The photic responses and water approach behavior of hatchling turtles. Copeia, 3 . Bacon P. , F. Berry, K. Bjorndal, H. Hirth, L. Ogren, and M. Weber. 1984 . Proceedings of the western Atlantic Turtle Symposium. RSMAS Printing. Miami, Fla . Vol . I , II , III . Balazs, G. 1974 . Survival rate of the green turtle, Chelonia mydas, necessary to maintain stable populations Copia 1974 (2) : 544-546 . Bascom, W. 1980 . Waves and Beaches . Anchor Books. Anchor Books/Doubleday, Garden City, New York. 366 pp. Belkin,D.A. 1963 . Anoxia tolerance in reptiles. Science 139 : 492-493 . Bustard, R. 1972 . Sea Turtles - Natural History and Conservation. Taplinger Publication Company. New York. Carr, A. 1952 . Handbook of turtles : the turtles of the United States, Canada and Baja California . Comstock Publishing, New York. 542 pp. Carr, A. 1967 . So Excellent a Fish. Charles Scribner Sons. New York. 280 pp. Carr A. and C.J. Goin. 1959 . Guide to the Reptiles, Amphibians and Freshwater Fishes of Florida. University of Florida Press. Gainesville, Fla. 341 pp. Carr, A. & L. Ogren. 1960 . The ecology and migrations of sea turtles. , IV. The green turtle in the Caribbean Sea. America Museum Natural History Bulletin. Vol . 121 , pp. 1-48 . Christens, E. 1990. Nest emergence lag in loggerhead sea turtles. Journal of Herpetology 24 (4 ) : 400 - 402 . -74- Collier County Land Development Code; Collier County Board of County Commissioners; October 30, 1991 as amended October 14 , 1992 . Naples, Florida Conley, W.J. and B.A. Hoffman. 1986 . Florida sea turtle nesting activity: Report to permit holders. Florida Department of Natural Resources. St. Petersburg, Fla . Conley, W.J. and B.A. Hoffman. 1987 . Nesting activity of sea turtles in Florida: 1979-1985. Florida Scientist 50 (4) : 201 - 210 Daniel, R.S. & K.U. Smith. 1947 . The sea-approach behavior of the neonate loggerhead turtle. J. Camp Physiol. Psychol. , Vol. 40, pp. 413-420. Davis, G.E. and M. C. Whiting, 1977 . Loggerhead sea turtle nesting in Everglades National Park, Florida U.S.A. Herpetologica, 33 ( 1) : 18-28 . Dean, J.M. and O. R. Talbert. 1975 . The loggerhead turtles of Kiawah Island; Environmental inventory of Kiawah Island, report for Coastal Shores, Inc. Environmental Resources Center, Inc. Columbia S.C. Diamond, C. 1988 . Economic Impact Statement Chapter 16R-14 . F.A. C. Sea Turtle Protection Rule (DRAFT) . FAU-FIU Center for Environmental and Urban Problems. Dickerson, D. and D. Nelson. 1989 . Beachfront lighting issues regarding sea turtles. Proc. Beach Preservation Technology '89. Florida Shore and Beach Preservation Association. Tampa, Fl . Drajeske, P. 1974 . Movement sensitivity in incubating turtle eggs. Bulletin of the Chicago Herpetological Society. 9 :2-5. Eckert, K.L and A. Eckert. 1990. Embryo mortality and hatch success in situ and translocated leatherback sea turtle Dermochelys coriacea eggs . Biological Conservation 53 : 37-46. Ehrenfeld, D.W. 1982 . Options and limitations in the conservation of sea turtles. pp. 457-464 in K.A. Bjorndal, ed. Biology and Conservation of Sea Turtles. Smithsonian Institution Press. Washington, D.C. Ehrhart, L.M. and P.W. Raymond. 1983 . The effects of beach restoration on marine turtles nesting in south Brevard County, Florida. U.S. Army Corps of Engineers, Jacksonville, Florida. pp 1-47 . -75- Endangered Species Research Foundation, Inc. 1990. Marco Island sea turtle monitoring, 1990 . Unpub. report to the Collier County Natural Resources Department. Naples, Fl . 113 pp. Fletemeyer, J. 1979 . Sea turtle monitoring project. Report to Broward County Environmental Quality Control Board, Ft. Lauderdale, Fl . pp 62 . Fletemeyer J. 1983 . Sea turtle monitoring project . Report to Broward County Environmental Quality Control Board , Fl. Florida Endangered and Threatened Species Act of 1977 , Chapter 372 . 072-372 . 073 , Florida Statutes. Florida Shore and Beach Preservation Act of 1971 , Chapter 161, Florida Statutes . Frazer, N . B. 1983a. Survivorship of adult female loggerhead sea turtles, Caretta caretta, nesting on Little Cumberland Island, Georgia Herpetologica 39 (4 ) : 436-447 . Frazer, N. B. 1983b. Seasonal variation in clutch size for loggerhead sea turtles, Caretta caretta , nesting on Litte Cumberland Island, Georgia Copia, 1983 (4 ) : 1083 - 1085. Frazer, N.B. and J. I . Richardson. 1985 . Annual variation in clutch size and frequency for loggerhead turtles, caretta caretta, at Litte Cumberland Island, Georgia U. S.A. , Herpetologica, 41 (3) : 246 - 251 . Hirth, H. F. 1980 . Some aspects of the nesting behavior and reproductive biology of sea turtles . Amer. Zool. 20: 507-523 . Hopkins, S.R. , T.M. Murphy. 1983 . Management of loggerhead turtle nesting beaches in South Carolina. S. C. Wildlife and Marine Resources Department. Study completion report October. 1980 through September 1982 . 17 pp. Hopkins, S.R. , J. I . Richardson 1984 . Recovery plan for marine turtles. U. S. Department of Commerce. NOAA, NMFS, St. Petersburg, Fla. 355 pp. Hughes, G.R. 1974 . The sea turtles of south-east Africa II. The biology of the Tongaland loggerhead turtle (Caretta caretta with comments on the leatherback turtles Dermochelys coriacea L. and the green turtle Chelonia mydas L. in the study region Oceanogr. Res. Inst. (Durban) Invest. Rep. No. 36 . -76- Iverson, J.B. and C.R. Etchberger. 1989 . The distributions of the turtles of Florida . Florida Scientist. 52 (2) 120-144 . Johnson, A. F. and M.G. Barbour, 1990 . Dunes and maritime forests . in R. L. Myers and J.J. Ewel ed. , Ecosystems of Florida. University of Central Florida Press, Orlando, FL. pp. 429-480. Kaufmann, R. 1975 . Studies on the loggerhead sea turtle, Caretta caretta (Linne) in Columbia, South America. Herpetologica 31: 323-326. LeBuff, C.R. 1990. The loggerhead turtle in the eastern Gulf of Mexico. Caretta Research, Inc. Sanibel Island, Fla. 216 pp. Limpus, C.J. , V. Baker, and J. D. Miller. 1979 . Movement induced mortality of loggerhead eggs . Herpetologica 35 (4) : 335-338 . Lohmann, K.J. , M. Salmon, and J. Wynekin. 1990. Functional autonomy of land and sea orientation systems in sea turtle hatchlings. Biol . Bull . 179 : 214-218 . Lutcavage M. and J.A. Musick. 1985 . Aspects of the biology of sea turtles in Virginia . Copeia (2) : 449-456. Maloney, J. E. , C. Darian-Smith, Y. Takahashi and C.J. Limpus. 1990. The environment for development of the embryonic loggerhead turtle (Caretta caretta) in Queensland. Copeia. 1990 (2) : 378-387 . Mann, T.M. 1978 . Impact of developed coastline on nesting and hatching sea turtles in southeastern Florida. Florida Marine Resource Publication 33 : 53-55. McGehee, M.A. 1990. Effects of moisture on eggs and hatchlings of loggerhead sea turtles (Caretta caretta) Herpetologica. 46 (3) 251-258. Marine Turtle Protection Act, Chapter 370. 12 , Florida Statutes Morreole, S.J. , G.J. Ruiz ; J.R. Spotila, E.A. Standora. 1982 . Temperature dependent sex determination current practices threaten conservation of sea turtles. Science 216 (11) : 1245-1247. Mortimer J.A. 1990. The influence of beach sand characteristic on the nesting behavior and clutch survival of green turtles (Chelonia mydas) . Copeia, 1990 (3) : 802-817 . -77- Mortimer, J.A. 1987 . Management and research needs: Research needed for the management of the beach habitat. In L. Ogren, F. Berry, K. Bjorndal, H. Kumpf, R. Mast, G. Medina, H. Reichart, R. Witham. 1989 . Proceedings of the second western Atlantic turtle symposium. U. S. Department of Commerce, NOAA, National Marine Fisheries Service, Southeast Fisheries Service, Panama City, Fl. pp. 236-246 . Mortimer, J.A. 1990. The influence of beach sand characterization of the nesting behavior and clutch survival of green turtles (chelonia mydas) . Copia, 1990(3) ; 802-817 . Mortimer, J.A. and K.M. Portier. 1989 . Reproductive homing and internesting behavior of the green turtle (Chelonia nydas) at Ascension Island, South Atlantic Ocean. Copeia, 1989 (4) :962-977 Moulding, J. D. and D.A. Nelson. 1988 . Beach nourishment issues related to sea turtle nesting. Proc. American Water Resources Association: Symposium on Coastal Water Resources, May 1988 , Wilmington, N. C. pp. 87-93 . Mrosovsky, N. 1983 . Conserving sea turtles . The British Herpetological Society c\o The Zoological Society of London. Regents Park, London. 176 pp. National Research Council . 1990 . Decline of the Sea Turtle: Causes and Prevention. National Academy Press . Washington, D.C. pp 259 . Nelson, D.A. , K. Mauck, and J. Fletemeyer. 1987 . Physical effects of beach nourishment on sea turtle nesting, Delray Beach, Florida. Technical Report EL-87-15 , U. S. Army Engineer Waterways Experiment Station. Vicksburg, Miss. pp. 59 . Nelson, D.A. 1988 . Life history and environmental requirements of loggerhead turtles. U. S. Fish and Wildlife Service Biological Report No. 88 (23) U. S. Army Corps of Engineers . T.R. EL-86-2 (Rev. ) pp. 34 . Nelson, D.A. , D.D. Dickerson. 1989 . Effects of beach nourishment on sea turtles. Proceedings of the ninth annual workshop on sea turtle and biology conservation. Jekyll Island, GA. NOAA Technical memorandum - MMFS-SEFC-232 . Nelson, D.A. , D.D. Dickerson. 1989 . Effects of beach nourishment on sea turtles in Eckert, S .A. , K. L. Eckert; T.H. Richards. Proceedings of the Florida Shore and Beach Conference, 1989. Tampa, FL. pp. 17 . -78- Packard, G.C. , C.R. Tray and J.J. Roth. 1977. The physiological ecology of reptilian eggs and embryos, and the evolution of viviparity within the class Reptilia. Biol. Review. 52:71-105. Plummer, M.V. 1976 . Some aspects of the nesting success in the turtle Trionyx muticus. Herpetologica 32 : 353-359 . Prange, H.D. and R.A. Ackerman. 1974 . Oxygen consumption and mechanisms of gas exchange of green turtle (Chelonia mydas) eggs and hatchlings. Copia 1974 : 758-763 . Pritchard, P.C.H. 1980. The conservation of sea turtles; Practices and problems. Amer. Zool . 20 : 609-617 . Pritchard, P.P. , P. Bacon, F. Berry, A. Carr, J. Fletemeyer, R. Gallagher, S. Hopkins, R. Lankford, R. Marquez, L. Ogren, W. Pringle Jr. , H. Reichart and R. Witham. 1983 . Manual of sea turtle research and conservation techniques, second ed. K. Bjorndal and G.H. Balazs, editors, Center for Environmental Education, Washington D.C. Ragotzkie, R.A. 1959 . Mortality of loggerhead turtle eggs from excessive rainfall . Ecology 40 : 303-305 . Raymond, P.A. 1984 . Sea Turtle Hatchling Disorientation and Artificial Beachfront Lighting. Center for Environmental Education, Sea Turtle Rescue Fund. pp. 72 . Raymond P.W. 1984 . The effects of beach restoration on marine turtles nesting in south Bevard County, Florida. M. S. Thesis, University of Central Florida, Orlando 121 pp. Richardson, J. Z. 1978 . Results of a hatchery for incubating loggerhead sea turtle (Caretta caretta) eggs on Little Cumberland Island, Ga. Florida Marine Research Publication 33 : 1-5. Salmon, M. & J. Wyneken. 1990. Do swimming loggerhead sea turtles (Caretta, Caretta L. ) use light cues for offshore orientation ? Mar. Behavior Physiol. V. 17, pp. 233-246 . Schmelz, G.W. and R.R. Mezich. 1988. A preliminary investigation of the potential impact of Australian Pines on the nesting activities of the loggerhead turtle. in, Schroeder, B.A. 1989. Proceedings from the Eighth Annual Workshop on Sea Turtle Conservation and Biology. NOAA Technical Memorandum. NMFS-SEFC-214 , pp. 63-66. -79- Stancyk, S. E. 1982 . Non-human predators of sea turtles and their control. pp 139-152 in K.A. Bjorndal , ed. Biology and conservation of sea turtles. Smithsonian Inst. Press, Washington D.C. Standora, E.A. and J . R. Spotila. 1985 . Temperature dependent sex determination in sea turtles . Copeia, 1985 ( 3) : 711-722 . Talbert, O.R. Jr. , S. E. Stancyk, J.M. Dean and J.M Will 1980. Nesting activity of the loggerhead turtles (Caretta caretta) in South Carolina I : A rookery in transition. Copeia 1980 (4) : 709-718. Tebeau, C.W. 1966. Florida's Last Frontier: The History of Collier County. University of Miami Press, Coral Gables, Florida. 278 pp. Van Meter, V. B. 1987 . Floridas sea turtles, Florida Power -and Light Company. Miami , Florida . 46 pp. Vogt, R.C. and J.J. Bull . 1982 . Temperature controlled sex determination in turtles' ecological and behavioral aspects. Herpetologica 38 ( 1) 156-164 . Witham, R. 1985 . Managing Florida sea turtle populations. Proc. Symp. Endangered Marine Animals and Marine Parks, 1985, 1: 272-279 Cockin, India Witham, R. 1989 . Beach preservation and sea turtle nesting. Proc. Beach Preservation Technology '89 . Florida Shore and Beach Preservation Association. Tampa, Florida. pp. 143-146 . Witherington, B.E. 1990. Photo pollution on sea turtle nesting beaches: problems and next best solutions. in Richardson, T. J. Richardson, M. Donnelley Ed. Proceedings of the Tenth Annual Workshop on Sea Turtle Biology and Conservation. NOAA Technical Memorandum. NMFS-SEFC. pp. 278 . Witherington, B. E. and K.A. Bjorndal. 1991a. Influences of artificial lighting on the seaward orientation of hatchling loggerhead turtles (Caretta caretta) . Biological Conservation; 55 (1991) pg. 139-149 . Witherington B. E. and K.A. Bjorndal. 1991b. Influences of wave length and intensity on hatchling sea turtle phototaxis: Implications for sea finding behavior. Copia. 1991 (4) , pp. 1060-1067 . -80- • Witherington, B. E. 1991. Orientation of hatchling loggerhead turtles at sea off artificially lighted and dark beaches. J. Exp. Mar. Biol. Ecol. , 149 (1991) , pp. 1-11. Wolf, R. E. and D. Farmer. 1985. 1985 sea turtle protection and nest relocation program report. In conjunction with the south beach nourishment project. City of Boca Raton, Florida. Witzell, W.N. 1985. Ecology of east Florida sea turtles. Proceedings of the Cape Canaveral Florida sea turtle workshop. Miami, Florida. Feb 26-27, 1985. 79 pp. Worth, D.F. and J.B. Smith. 1976. Marine turtle nesting on Hutchinson Island, Florida, in 1973 . Florida Marine Research Publication No. 18 . Florida Dept. of Natural Resources. 17 pp. Yntema, C.L. and N. Mrosovsky. 1980. Sexual differentiation in hatchling loggerheads (Caretta caretta) incubated at different controlled temperatures. Herpetologica 36 (1) : 33-36 -81- No JU�l/ 77mm2kJiyi ENVIRONMENTAL SERVICES i? '..• rdDra ,-- DATE: --1-2-1-11-11.--4--- ACTION: - - ■AtwarAmérica iiVt- KEY WEST _ _ .,,_ -. - •- owner biiilfeted by regulations governing construction `~ `ETIRED FROM THE AIR FORCE,Greg a deck, or the business owner ordered to modify • . r�:--, H. is a Prodi et of the sweeping plains of w zet:; m, who can't find cartage south of New `4''"' ` America's heaffIand'He's a man who loved sey. t .1.,:;.:•... . >: ;God and Country, saluted the flag, and Lots of us are so-called professionals. We work w .i:./..2.2q-::..'::'.>'1dreamed the American Dream. Now a com- computers, telephones, and fax machines. We rar mercial fisherman, he feels this country is deal with the bureaucracies governing the activities his enemy.His dream is a nightmare. working people.We have no idea of the maze of com; "All I want to do is get out of here, out of this damned cared impossible regulations governing the work country," Greg says. "Get �\ \ lives of people who star in my boat and go some f11theirwhere where everybodyI ENVRONMENT 2000 nail, or putting a worm o will leave me alone. !,•,, I I hook. "You can't get anything - I 2 "Fill out the forms. TI By Jack Lawson \ /-•- • ask questions;"is the harst done. Nobody wants to ,` work except the Coast `�; Y_./ treatment most of us rece Guard, and all they do is .:...:::.::...:...... . � everyfew years from fe !f�»'i•>%ii0Tio01l�rq:�q:y:�/j/fpµ'wTiJ�wV%%Fi}O4i.<i40fWYi:Nmi::Nf/MYMJMi�i� .D?� look for drugs. One week, I cious clerks at the Motor' can't fish here; next week, I can't fish there. The state hicle Bureau. Businesses are hit harder, and they h: wants to preserve miniature deer or wharf rats,so I can't staff to build working relationships with regulators. build on my own property. Even where I'm living now, I working person's professional life is administered need a county license to plant a tree, and a building per- people closely resembling soviet commissars. mit for a dog house. It's no wonder they're revolting. "You seriously want me to worry about the environ- In Tampa Bay, shrimp fishermen periodically str: ment?" or surreptitiously net a moonlight catch. The Gu Greg's more bitter than most, but there are millions stone-crab industry is rife with piracy. Small builc much like him—frustrated and disillusioned. There's an must promulgate a multi-volume DRI (big builders anger in American, in Florida ... a malaise which strikes buy their way into permits)without guidelines. hard-working people confronting a demanding govern- In south Florida, there are so many local, state : ment and indifferent bureaucracy. federal laws governing land-use, fishing and diving— Many of the causes for this ennui were exhaustively designed to preserve water quality and the coral reef examined during the presidential campaign: taxes,unem- that even the regulators have trouble keeping track ployment, government scandals, interminable debt and this week's changes. special privilege. One fundamental reason, however, is The environmental industry can't afford to have g( impacted in the environmental industry, and has attracted laws and worthwhile regulations made opaque by the little attention. oteric minds of bureaucrats talking to themselves. Bi In our desperate search for some degree of environ- ness needn't have to employ specialists to translate" mental control during the past twelve years, we've al- Rulebook; or lawyers to prepare a defense anticipat lowed an inhuman cabal of bureaucratic agencies to violations. We can't afford this arrogance of pov usurp many fundamental rights of our citizens. Like the causing thousands of our citizens to blame panthers forfeiture technique of fighting the drug trade, we've im- manatees for the sins of Tallahassee or Washington. perceptibly passed laws and expanded regulations to pro- There are some simple solutions. tect the environment at any cost. One was implemented by the late Dag Hammarskjt Now there's a new administration in Washington— When he became Secretary General of the United poised on the threshold of power. We expect the Clinton tions, Hammarskjold insisted that he meet every White House to be environmentally friendly, and antici- ployee to find out what they did.Another,simpler tat pate sympathetic nominees for EPA and FEMA, the De- was advanced by Lawrence J. Peter, originator of partments of the Interior and Energy. State governors lust famed "Peter Principle of Incompetence." He adv after long-lost funds to staff agencies and implement CEOs, and other moguls, that if they want to find long-neglected programs. about their organizations,"Call your own office,and In short, we want to get on with the business of saving how you're treated." the planet—often at the expense of tens-of-thousands like Greg. Is it too naive to think that some department heat Most of us never try to understand the shrimper who cabinet member—at any level-might be bright eno can't afford to install turtle-extruder devices,the home- to make a phone call? • DRAFT: 12/7/92 APPROVED: 12/21/92 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF DECEMBER 7, 1992 Present: David Addison Glenn Simpson David Land David Maehr Stephen Means Larry Richarson Robert Duane Mike Davis Nancy Payton Staff: Bill Lorenz Fran Stallings Kevin Dugan Dick Hartwell Mac Hatcher Gail Gibson George Yilmaz Robert Wiley Public: Virginia Corkran Chris Straton Ben Vanderford 1. The minutes from the November 9 , 1992 and November 23 , 1992 were unanimously approved with the corrections to the November 9, 1992 made during the meeting on November 23 , 1992 . 2 . Old Business: Bill Lorenz briefly outlined a timetable to present the Habitat Protection Ordinance to the Planning Commission by January 23 , 1993 and discussed the changes suggested by the County Attorneys Office to date. Steve Means presented the current stormwater management standards of the SFWMD and pointed out that courts had ruled that the current SFWMD engineering criteria "will not cause adverse impacts on surface and groundwater levels and flows. " Staff was requested to return with a proposal to address the GMP Public Facilities Element Natural Ground Water Aquifer Recharge Subelement Objective 1. 5 to protect high natural recharge areas. David Maehr suggested changes to allow public input during the discussion phase of presentations. A suggestion was made to instruct the public on discussion procedures at the beginning of the meeting. 3 . New Business: The December 21, 1992 meeting will include an update on the Habitat Protection Ordinance and protection mechanism alternatives for the NRPA's. 4 . The meeting was adjourned with unanimous approval. Handouts 1. FAC 40E-4 . 301 Coniditions for Issuance of Permit (SFWMD) 2 . "Basis of Review for Surface Water Management Permit Applications within the South Florida Water Management District" (B-13-B-16) ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD DRAFT MINUTES OF DECEMBER 7, 1992 Present: David Addison Glenn Simpson David Land David Maehr Stephen Means Larry Richarson Robert Duane Mike Davis Nancy Payton Staff: Bill Lorenz Fran Stallings Kevin Dugan Dick Hartwell Mac Hatcher Gail Gibson George Yilmaz Robert Wiley Public: Virginia Corkran Chris Straton Ben Vanderford 1. The minutes from the November 9, 1992 and November 23 , 1992 were unanimously approved with the corrections to the November 9, 1992 made during the meeting on November 23 , 1992 . 2 . Old Business: Bill Lorenz briefly outlined a timetable to present the Habitat Protection Ordinance to the Planning Commission by January 23 , 1993 and discussed the changes suggested by the County Attorneys Office to date. Steve Means presented the current stormwater management standards of the SFWMD and pointed out that courts had ruled that the current SFWMD engineering criteria "will not cause adverse impacts on surface and groundwater levels and flows. " Staff was requested to return with a proposal to address the GMP Public Facilities Element Objective 1. 5 to protect high natural recharge areas. David Maehr suggested changes to allow public input during the discussion phase of presentations. A suggestion was made to instruct the public on discussion procedures at the beginning of the meeting. 3 . New Business: The December 21, 1992 meeting will include an update on the Habitat Protection Ordinance and protection mechanism alternatives for the NRPA's. 4 . The meeting was adjourned with unanimous approval. Ciii) C.14 j: *) 411 )mac -7 /7 ? , c,(__ �i.d et 1-4._ c_ e .t.) , VA N4J C GCe/MD 1, 1 /* K�_ 1)f - 15-.e_rUcocy ifl.4-eg/ki co O(_ C 5 E.N IA MSTINNdusa- mm, � 7 CG;. ( C• C,b50M CCQC1 Qom- 65 t> ENVIRO, ENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: December 7, 1992 PLACE: Collier Government Complex, Building H, Room 216 TIME: 4 : 00 PM I . Call Meeting to Order II. Roll Call III. Approval of Minutes - November 10, 1992 - November 24, 1992 IV. Old Business a. Habitat Protection Ordinance changes b. Cost assessment of changes for recharge improvement c. Change to methods of public comment V. New Business VI. Public Comments VII. Adjournment TROPICAI vV'IRONMENTAL CONSUL T: ES )yr 13d- ,,-.!tt rh FACSIMILE (arum') OMCam : '/! 2rCW - or1/7", ??f TIME SENT: I'30 Hrs. AM &01 ._._ Number of pages famed f. 1 YIl1tt11111itiilii1111111111111111111111111111111111111Hie 11=P I E OF FAUf OOCUMENT: ^ F;(-7/4-2;;92 IIIIllllllitltllllillllllflil1lp11fi1111I1i11i11tt111ii11 Comments of SENDER: 7./j/ 4/7V1:-/(-Til 16-AMYr° / z . me. .7/1 a_ .C2'e' -Xe4)- 171 ' t 441 /Q/ //4- 17,d--1)te tqau-yi 5e = z=PflW C ores "114.14 y� 1�1G��!/ 3 d71,-/h// *- ._} =!,-j4ffee'W 44674. "Prad4) 4'4 Note-Please contact us by phone (813-263-0071) if this FAH transmission is not complete or properly received. , ENVIRar TEAL POLICY TECHNICAL ADV1 . YBOARD AGENDA DATE: December 7, 1992 F., ' 1 .Aril; 4 ^:� - t PLACE: Collier Government Complex, Building H, R.- , 21 Ec 4 1942 TIME: 4 :00 PM wiNfalian I. Call Meeting to Order II. Roll Call III. Approval of Minutes ! , J ; , =t ''f' i` �! r • • November ' fr,1992 1- '/' f r 1 ) . ': I Ncvember. { YJ 1392 ,_........,,, ;‘ i _ . IV. Old Business a. Habitat Protection Ordinance changes b. Cost assessment of changes for recharge improvezr-nt c. Change to methods of public comment i. New Business j A0' • `4.4 VI. Public Comments _� VII, Adjournment / .� /pi t i. _ mac, .-rie-: 1 .), 42 1 44: cn -4.; Ke -t'!" ' -- ENVIRONMENTAL SEnriCES iOUTiNG Mimi/1 , 7 .. '... Aro , — DATE (gi /) E � f, )( ! '„ uf s 1'/ (((: /r / ,ACTION: .,..z-- ..., INFO: 1. ii ' w r}r FILE .( _ i t wo►+ �,), 1 N.p+e... \\ FLS D •--1.1: 1. -- p C,1 ADVISORY BOAR 'J•� .11‘. ? �� �ZRO�E��, POLICY � 2 4,67- 1„ l,� ry1� of November 24 , 1g9� t� � r �' 10..,f/G01 g'' )) Minutes f, 100 f ardsley � David Land / f i GaryBe Larry Richarson/-�' David Maeh /A41r) Stephen Me s Nancy Payton Present: David Dua / Mike Davis t%/ (ilAii) Robert Duane Kevin Dugan Staff: Fran Stallings Mac Hatcher 1 cCallen Dick Hartwell Gail Gibson Bill Lorenz Mercedes M Bob Blanchard .,-- ?enStaiger Doug Suitor Steve Preston . yid d Brutcher larbra Prynoski Maddox on Sidney ;•r in' a Corkran Chris Slot), �a Ji [Vl g T e71 / ie f Public: ' lt' � i t+(`►'' :fir' . / ql `' i, . _ (-- •! ,rtedved. Bill Lorenz - - ,Yl G{ t � ed but not app will be Lore draft P ate :ori to mem eel, GI ���inutes members that the minutes 1EPTAB. pointed out roved by until they are app ro ossd Clam Fran Stallings discussed the p n the Clam BayeO Old Business, ••his is ` ' containing seagrass meadows' Ordinances to restrict motor driven vessels Ilan w�,;ch O Management F Bay system to areas not Coastal Zone Manag a recommendation ofe-- ' '' P.� The will also serve as recharge areas. presentation on high gathered over ;r Bille Lorenz made a P model and data dr, interaction was based henpresentaation included a cost Means �� �� a fe month period. A brief presentation by on site was f'/%40. 1,¢' P :- effectiveness discussion• of increasing recharge rted jai. ry discussing the pwasossibility EpTAB recharge also r it e� f;:� � requested for the Dec. 7th meeting. Statement by Jan. g3 • 'pa : '• `to be prepared to recommend a policy 11 �h, gave a brief presentation f . v` �`r^ Range Planning, �t',� 6 ‘,.. Bob Blanchard, Long g the Planning, Amendment process es adopt,` r�� ' , fE� on the benefits of usiny o�.✓�.�'r�t"t'� �I� �,.�,�.' !� '•iiit;iaita -.-0 fit: . the proposed NRP .' s. - j" ? ! ,j/' ` / y " -„,../(1'.t • � Ireco�ended for discussion a the 'lei" Under New Business, iters ' tat t / 49December 7, 1492 meeting: LitSteve Means additional costs to develop for increased a. MY l�� recharge. -., es made y legal. r • b. Habitat Protec ion Ordinance chang }� e (2 ) departmept. , /,� /� /'%�1 r '2 ,�" ,./., /,,r 1 L • ) -7-' ,/ iibpip . /% /) • J7 (/, 1 , . , ., . . ' , , 2 ' ).7-i-,,„i- if 7 / j /y ‘1177 *1 / v-77% .'.27 ` r ' �O ( � / i7�� f /�� yY . .. . Iy - , C. Change to public input methods. d. Brief comments on Outgotand ngAloridA .Water designation. Aleffeer 4!, otZe 4 . The meeting was'adjourned with unanimous approval. - i / /6: i iiii ,Ide •pel/ p' 7 7 , ,ki !- 4, - el -t5r " -7 ---- r7f . ,1,; yr) ki)( )- ) i 1 • ,Ilelya ) :///i Art f7)) di/ 1>e" . —• ' . / . E / - t 2/ei _, 4tt j ''' A:44( k ir i' ."' /) / 11 I; - ' - 2 I /( e c, fifej ii ;,- ./ e--',/iei,•,---: e , i i ii . ,. eit i (M1(" V-VI A :rY i; ll h i . . i / ) .1 ji I i ( W., ; /I( f,' ' --- i, S '-'f/A/ 1-'( ,b(^/R"el ,'' [154;/ 1'•''' 4 ;':? ''. . ;` - • i . ' 97, 1 •'". t/1,1 t:.' -)4 1 4‘'‘:.__ '1 2' , .1 V4,7;"41:4W'"(-- e0514,5:- /44; 1 ) ,//7- <e(lo . . I-4 irlA 1 / , (c) .P.) c2C' Y 4 /ht1 /1•d4. )e 5eiku- 5.., l4f :-- , '- ,) 7mtel4 / / 7i- 4v 1 , , *:),,...-.. .,.•- . pi r 4 liftHWk/i/ / t ,, zl i • i . / j. , - , I .7„ - 14 /1K t 1 c./7,y 1- /t(1., ...."...L...,, ... . _.. I,), (. _ . 7nf4,, 7 /;.-! , ) / ( re k 'J ., . . J,„, , ,.,. •. . _ . .. .. ON COLLIER COUNTY ENVIRONMENTAL SERVICES DIVISION PUBLICATION SERIES NR-B-93-01 AVOIDING AND MINIMIZING DAMAGE TO SEAGRASS BEDS FROM THE CONSTRUCTION OF DOCKING FACILITIES PREPARED BY NATURAL RESOURCES DEPARTMENT December,1992 COLLIER COUNTY GOVERNMENT CENTER BLDG"H" 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 33962 November 18, 1992 DRAFT COPY COLLIER COUNTY ENVIRONMENTAL SERVICES DIVISION AVOIDING AND MINIMIZING DAMAGE TO SEAGRASS BEDS FROM THE CONSTRUCTION OF DOCKING FACILITIES Principal Investigators Ilene J. Barnett Jennifer S. Staiger Douglas G. Suitor Prepared by Natural Resources Department Naples, Florida NR-B-93-01 BOARD OF COUNTY COMMISSIONERS Commissioner Michael J. Volpe CHAIRMAN, DISTRICT 2 Commissioner Burt L. Saunders VICE CHAIRMAN, DISTRICT 4 Bettye J. Matthews John C. Norris Timothy J. Constantine COMMISSIONER COMMISSIONER COMMISSIONER DISTRICT 5 DISTRICT 1 DISTRICT 3 W. Neil Dorrill COUNTY MANAGER William D. Lorenz, Jr. , P.E. ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR E.F. (Fran) Stallings, Ph.D. NATURAL RESOURCES DIRECTOR The project on which this publication is based was financed by Collier County Board of Commissioners. Content of this publication does not necessarily reflect the views and policies of the Collier County Government nor does mention of trade names or commercial products constitute their endorsement or recommendation for use by Collier County Government. For additional information write to: Environmental Services Division Natural Resources Department Collier County Government Center Bldg. H 3301 E. Tamiami Trail Naples, Florida 33962 ABSTRACT AVOIDING AND MINIMIZING DAMAGE TO SEAGRASS BEDS FROM THE CONSTRUCTION OF DOCKING FACILITIES NOV. 1992 Collier County Natural Resources Department Seagrass beds are recognized as one of the most productive and ecologically important coastal habitats in South Florida. The beds provide habitat for a wide variety of organisms, stabilize the substratum, and aid in improving and maintaining water quality. Epiphytic and epifaunal organisms grow on the leaves and provide food for higher marine invertebrate and vertebrate species. Many commercially valuable species depend on the use of seagrass beds for part or all of their life cycle. Furthermore, seagrass bed protection is an essential element in the protection plan for the Florida manatee. iv Seagrass beds are environmentally sensitive habitats that are easily impacted by a variety of man's activities. This report will concentrate on the effects, direct and indirect, of building docking facilities in and around seagrass areas. Several federal, state, and local regulations and policies are in place to protect seagrasses. Several other policies are recommended in this report to increase protection of these areas. TABLE OF CONTENTS Page ABSTRACT iv SECTION I INTRODUCTION 1 SECTION II DESCRIPTION OF LOCAL SEAGRASSES 2 SECTION III THE IMPORTANCE OF SEAGRASS BED HABITATS 4 SECTION IV HUMAN IMPACTS ON SEAGRASSES 6 SECTION V GOVERNMENT PROTECTION 8 V. 1 STATE AND FEDERAL PROTECTION 8 V. 2 LOCAL PROTECTION 9 SECTION VI PROPOSED POLICIES FOR SEAGRASS PROTECTION 11 SECTION VII RECOMMENDATIONS 14 SECTION VIII PROPOSED LAND DEVELOPMENT CODE AMENDMENTS 16 SECTION IX REFERENCES 18 SECTION I INTRODUCTION Seagrass beds are recognized as being among the most productive and ecologically important coastal habitats in Florida (Zieman and Zieman, 1989) . Seagrass communities in Collier County are most often populated with shoal grass (Halodule wrightii) , turtle grass (Thalassia testudinum) , manatee grass (Syringodium filiforme) , and two species of dwarf seagrass: Halophila decipiens and Halophila englemannii (Collier County Government Environmental Resources Management Division, 1989) . Widgeon grass (Ruppia maritima) also may be found in local estuary systems, but prefers fresh and very low salinity waters. These species of seagrasses experience a die-back during winter months in Collier County and other areas that are within the northernmost portions of their ranges. Rhizomes are left intact, however, and new blades are sprouted in spring (Kaplan, 1988) . Several species of algae are often associated with local seagrass beds. These commonly include several species of Acanthophora, Caulerpa, Dictyota, Hypnea, Laurencia, Gracilaria, Spyridia, and others (Dawes, 1987 , and personal observations) . Construction of water dependent structures (docks, platforms, etc. ) in seagrass areas can produce a number of negative effects, including shading, increased turbidity, and increased boat activity. -1- SECTION II DESCRIPTION OF LOCAL SEAGRASSES The most commonly found species of seagrass in this area is shoal grass. This species exhibits the greatest environmental tolerance. It is the most abundant seagrass between neap high and neap low tide lines, probably because it can withstand higher temperatures and a greater degree of exposure than other seagrasses. Shoal grass can tolerate a greater range of salinities than any other seagrass except widgeon grass (Ruppia spp. ) . It also occurs in more turbid waters than waters in which other species of seagrass are able to survive (Devlin, et. al. , 1987) . Shoal grass leaves are narrow (2-3 mm wide) . The root system is relatively weak, but runners form dense mats below the substratum (Littler, et. al. , 1989) . Turtle grass can be identified by its relatively wide, flat blades or leaves. Leaves are typically 4-12 mm wide and can be up to 1 m long. Turtle grass develops an extensive root system with well-anchored runners, which help to stabilize sediments. This plant produces true flowers, which range in color from pale green to pale pink. Seeds are contained in conspicuous pods (Littler, et. al. , 1989) . Manatee grass has cylindrical, rather than flattened, leaves. It is found in a wide range of substrata, from sandy to fine-mud sediments. Runners form dense mats, and flowers and fruits are -2- small and inconspicuous. Manatee grass is often found interspersed with turtle grass (Littler, et. al. , 1989) . Dwarf seagrass (Halophila decipiens) has two opposite, delicate, oval-shaped leaves at each node of the rhizome. Rhizomes are also delicate, and run through soft substrata in quiet back bay areas. Six-leaved dwarf seagrass (Halophila englemannii) exhibits a cluster of 6-8 small oval leaves at each node of the rhizome. The plant resembles Caulerpa paspaloides, but can be easily distinguished from this alga by the presence of distinct venation. Six-leaved dwarf seagrass is found on sandy to muddy substrata (Littler, et. al . , 1989) . -3- SECTION III THE IMPORTANCE OF SEAGRASS BED HABITATS Seagrass beds are usually found in calm back bay areas of the estuary system. Seagrass meadows are highly productive biological communities that are generally biotic indicators of high water quality and healthy marine biological systems. They are recognized as being one of the most productive and ecologically important coastal habitats in South Florida (Dawes, 1987 ; Zieman and Zieman, 1989) . In addition to the actual seagrass material, epiphytic and epifaunal organisms (such as diatoms, bryozoans, and hydroids) grow on the leaves and provide food for higher marine invertebrate and vertebrate species. Seagrass meadows also provide habitat for burrowing and other benthic organisms, including polychaetes, oligochaetes, mollusks, crustaceans, echinoderms, tunicates and sponges. Furthermore, the configuration of the grasses aids in the accumulation of detritus along the bottom, which is then held in place by the grass blades and their rhizome systems. The detritus forms the basis of a food web in which bacteria transform the material to forms more usable for higher organisms (Littler, et. al. , 1989; Kaplan, 1988) . -4- The presence of seagrass beds aids in improving water quality. Seagrasses have extensive rhizome systems below the substratum, and form dense leaf clusters above-ground. This situation helps in stabilizing the substratum, removing sediments from the water column, and reducing current velocities. These factors, in turn, lead to improvements in water clarity and reductions in erosion rates (Dawes, 1987) . Many commercially valuable species depend on the use of seagrass beds for part or all of their life cycle including pink shrimp, snook, mullet, redfish, pompano, spotted seatrout, and others (Zieman and Zieman, 1989) . It is estimated that up to 90% of the commercial fisheries in the Southwest Florida region may depend on the presence of coastal seagrass beds (Olsen, 1981) . Seagrass bed protection is an essential element in the protection plan for manatees. Seagrasses are a major source of food for the manatee in the marine environment, and are therefore essential to the survival of these mammals. Seagrass beds may well be the most vulnerable habitat essential to the survival of the species. Recovery and maintenance of the existing Florida manatee population in this area directly depends on seagrass preservation (Marine Mammal Commission, 1988) . -5- SECTION IV HUMAN IMPACTS ON SEAGRASSES Seagrass beds are easily impacted by a variety of man's activities. These include unnatural discharges of freshwater or storm water with respect to timing, water quality, and quantity; changes in salinity; commercial fishing and shrimping activities; dredging; pollution such as toxic wastes and domestic sewage; propeller scarring by boats; and shading and increased turbidity and boat activity due to docks (Eleuterius, 1987 ; Livingston, 1987) . Zieman and Zieman (1989) differentiate acute and chronic sources of stress to seagrass beds, leading to their destruction. Acute stress is defined as stress which results in direct physical damage to the plants. Sources of acute stress include dredging and filling operations and scarring by boats, resulting in direct habitat removal. Chronic stress is defined as stress which results in gradual degradation of environmental conditions whereby either seagrass respiration exceeds production, or the seagrasses are out competed by other species for limited light, nutrients, and space. Two major causes of chronic stress to seagrasses are increases in suspended sediments from dredging and filling operations and dock construction, and decreases in light availability due to dock shading. Perhaps the most obvious acute negative impact on seagrasses -6- is caused by scarring from boat hulls and propellers. Docks built in seagrass areas result in increased boat activity, thereby increasing the possibility of scarring. Scars caused by boats are obvious throughout most of the County's seagrass beds. Seagrasses have very slow growth and regeneration rates, and are therefore slow to recover from negative impacts. Even small propeller scars in turtle grass beds can take from three to five years to recover (Zieman and Zieman, 1989) . In addition to direct loss of seagrasses, the scarring causes the sediments held by the rhizome structures of the remaining seagrasses to loosen. The entire system of a bed can thus be degraded by a few prop scars. A chronic source of stress is shading of grassbeds from docks and other water dependent structures. Seagrasses cannot survive without a certain intensity of light for a minimum time period each day. "Failure to obtain this quantity and quality of light, over an extended period, will cause decline and eventual death of seagrass beds" (Molnar, 1989) . Seagrasses growing in a dock's shadow are deprived of the necessary intensity and amount of light. The shading effect is magnified by the presence of a boat, and that, along with the daily and seasonal variations in the angle of sunlight that reaches the seagrasses, causes shading of an area greater than the immediate area under the dock. -7- SECTION V GOVERNMENT PROTECTION V. 1 STATE AND FEDERAL PROTECTION Activities in or affecting seagrass beds are regulated by the State of Florida Department of Environmental Regulation (FDER) , pursuant to Chapter 403 , Florida Statutes (F. S. ) . All submerged lands in Florida are considered to be under State ownership, unless specifically deeded to another party. These submerged lands are within the jurisdiction of the State of Florida Department of Natural Resources (FDNR) , pursuant to Chapter 253 , F. S. Threatened and endangered species, such as the Florida manatee, and their habitats, are protected by the Florida Game and Fresh Water Fish Commission (FGFWFC) and the U. S. Fish and Wildlife Service (USFWS) , pursuant to Chapter 372 , F. S. , and the Endangered Species Act, respectively. Docks built in seagrass areas must be evaluated for their impact on water quality and if they meet the seven public interest criteria listed in Chapter 403 . 918, F. S. If necessary, specific conditions may be added to the permit to minimize impact on the seagrass beds. These include but are not limited to; reconfiguring the dock so as to avoid seagrass beds, specifying minimum dock elevation above mean high water, and/or setting a minimum distance between planks, all to be determined on a case by case basis. The Florida Department of Environmental -8- Regulation (FDER) specifies in Reg. 17-312 . 808, F.A.C. that docks cannot be constructed over seagrass beds. Collier County works under a no net loss policy regarding seagrass beds (CCME Obj . 6 . 6) and "seagrass restoration has never prevented a net loss in habitat" (Fonseca, 1989) . Due to the difficulty of reconstructing viable, functioning seagrass areas, and to the critical nature of these habitats for various important wildlife species, grassbed destruction cannot be mitigated. For these reasons, the FDER now discourages mitigation activities for projects that will negatively impact seagrasses. Therefore, among projects that may negatively impact existing seagrass beds, only those that are necessary to public health, safety, and welfare should be considered for approval. The Marine Mammal Commission recommends that seagrass beds used by manatees be identified and mapped, that new bulkheads, marinas, and other development in or near these areas that could decrease grassbed productivity or otherwise be hazardous to manatees be prohibited, that more undeveloped areas with essential manatee habitat (including seagrass areas) be acquired to add a system of refuges and parks, and that manatee habitats be restored and enhanced (Marine Mammal Commission, 1988) . V.2 LOCAL PROTECTION The Conservation and Coastal Management Element (CCME) of the 1989 County Growth Management Plan states that existing seagrass beds must be protected, and that efforts must be made to allow -9- for the establishment, growth, and maturation of seagrasses throughout the estuarine areas of the County. Furthermore, the CCME states that policies should be produced to restrict activities in seagrass meadows. It identifies seagrass meadow habitat as a naturally functioning submerged marine wetland, in which there shall be no net loss (Objective 6 . 6, CCME) . Development activities in or affecting seagrass beds will require review by the Collier County Board of County Commissioners under the ST Zoning Ordinance (Ord. 82 . 2 , Section 9 . 1) and the Environmental Impact Statement Ordinance (Ord. 77-66) . -10- SECTION VI PROPOSED POLICIES FOR SEAGRASS PROTECTION Protection of submerged seagrass beds is essential to preserve the County' s commercial and recreational fisheries. Seagrass bed protection is also a necessary component in the protection and recovery plans of several threatened and endangered species. For example, recovery and maintenance of the existing Florida manatee population in Collier County directly depends on the preservation of seagrass meadows, which are considered to be critical manatee habitat. Development in the vicinity of seagrass bed areas should not be allowed due to the rare, unique, and important character of this habitat. Development projects which may negatively impact seagrass beds include dredging and filling; marina, dockage, and boat ramp facilities; bridge projects; and construction of bulkhead structures along shorelines. Furthermore, upland development adjacent to waterbodies containing seagrass beds may have a negative impact on these areas through seepage of sewage and drainage of storm water runoff into the waterbody (Livingston, 1987) . A general decrease in water quality caused by industrialization and development results in the gradual destruction of seagrass habitats (Zieman and Zieman, 1989) . A project that is expected to have a negative impact on existing seagrass bed areas should only be permitted if the -11- project is necessary to public health, safety, and welfare; if the project is shown to have minimized negative impacts to the natural environment as much as possible; and if it is in compliance with existing local, state and federal regulations. Seagrass beds within 500' of any proposed development project should be ground-truthed and mapped prior to project approval by the Community Development Services Administrator or designee. Any proposed project within 500' of, and that may negatively impact, existing grassbeds should include a seagrass and water quality management plan in its development plan, to give reasonable assurance that seagrasses will not be negatively affected by the project or by its associated activities. Reasonable assurance should also be given that the proposed project will not contribute to a lowering of water quality by the construction of bulkheaded shorelines, or by increasing storm runoff, turbidity, oils and greases, metals, pesticides, herbicides, and other toxic substances into adjacent waterbodies. Such a management plan should be reviewed for approval by the Community Development Services Administrator or designee. Projects should all be aligned so as to avoid seagrasses. Marinas should be aligned to avoid any damage to seagrass beds, and to minimize damage to other native shoreline, emergent and submerged vegetation and/or hard bottom communities. All non-commercial dock facilities should be aligned to avoid seagrasses. Where there is no way to avoid seagrasses waterward of the property owner's shoreline, jointly owned docks may be -12- constructed by two or more adjoining property owners to minimize impacts to seagrasses. Where there is no way to avoid seagrasses, docks should be constructed to minimize shading of underlying seagrasses. Planking shall be at least 3/8 of an inch apart, and the dock shall be at a height of at least three and one-half feet above the surface of the water at mean high tide. -13- 4:> SECTION VII RECOMMENDATIONS The Board of County Commissioners approved the Collier County Coastal Zone Management Plan on June 3 , 1991. The following policies were approved for inclusion in the Land Development Code. 4 . 63 : Projects shall be aligned so as to avoid seagrasses, and to minimize impacts to other native shoreline, emergent, and submerged vegetation and hard bottom communities (reference CCME Objective 6. 6) . 4 . 64: The presence of seagrasses within 500' of any proposed development project shall be ground-truthed prior to project approval by the Community Development Services Administrator or designee (reference CCME Objective 6. 6) . 4 . 65: Development projects which may negatively impact seagrasses include dredging and filling; marina, dockage, and boat ramp facilities; bridge projects; and construction of bulkhead structures along shorelines. Furthermore, upland development adjacent to waterbodies containing seagrasses may have a negative impact on these areas through seepage of sewage and drainage of stormwater run-off into the waterbody. Any such proposed project within 500' of existing seagrasses should include a seagrass and water quality management plan in its development plan, to give reasonable assurance that seagrasses will not be negatively affected by the project or by its associated activities. Such a management plan shall be reviewed for approval by the Community Development Services Administrator or designee (reference CCME Objective 6. 6) . 4 . 66: Before a development in the Coastal Zone is approved, a determination shall be made by the Community Development Services Administrator or designee that the proposed -14- development will not adversely affect seagrasses by a lowering of water quality. Activities which may lower water quality include but are not limited to: construction of bulkheaded shorelines; increasing stormwater run-off, turbidity, oils, greases, metals, pesticides, or herbicides; introduction of other toxic substances into adjacent waterbodies (reference CCME Objective 6. 6) . 4. 67: A proposed development that is determined to have a negative impact on existing seagrass areas shall only be permitted if the project is necessary to public health, safety, and welfare, or for non-commercial docking facilities where no other siting for docks is possible; and if the project is shown to have minimized negative impacts to the natural environment as much as possible; and if it is in compliance with existing State and Federal regulations; and if the impact to the seagrasses is appropriately mitigated (reference CCME Objective 6. 6) . 4. 68: All docking facilities, except for individual residential lots, shall not be sited in seagrass areas. Individual residential lots are subject to 4 . 68 and 4 . 69 (reference CCME Objective 6. 6) . 4. 69: All non-commercial docking facilities shall be aligned so as to avoid seagrasses. Where there is no way to avoid seagrasses waterward of the property owner's shoreline, jointly owned docks may be constructed by two or more adjoining property owners in order to minimize impacts to seagrasses (reference CCME Objective 6. 6) . 4.70: Where there is no way to avoid seagrasses, docks for non-commercial docking facilities shall be constructed so as to minimize shading effects to underlying seagrasses. Planking shall be at least 3/8 of an inch apart, and the dock shall be at a height of at least two feet above the surface of the water at mean high tide (reference CCME Objective 6. 6) . -15- SECTION VIII PROPOSED LAND DEVELOPMENT CODE AMENDMENTS-1993* , The following section will amend the Collier County Land Development Code. SECTION 2 . 6.21 PRIVATE BOATHOUSES AND DOCKS 2 . 6.21.8 All dock facilities shall be aligned to avoid seagrasses, and to minimize impacts to other native shoreline, emergent and submerged vegetation and hard bottom communities. (CZMP 4 . 63) 2 . 6 . 21. 9 The presence of seagrasses within 500' of the proposed dock facility development project shall be varified by a site visit prior to project approval by the Community Development Services Administrator or designee. (CZMP 4 . 64) 2 . 6. 21. 10 All dock facilities that are determined to have potential negative impacts on existing seagrass areas shall be permitted only if the project is shown to have minimized negative impacts to the natural environment as much as possible; and if it is in compliance with existing State and Federal regulations; and if the project is necessary to public health, safety, and welfare; impact to the seagrasses must then be appropriately mitigated to produce no net loss of habitat. (CZMP 4 . 67) 2 . 6. 21. 11 All docking facilities shall be aligned to avoid seagrasses. Where there is no way to avoid seagrasses waterward of the property owner's shoreline, jointly owned docks may be constructed by two or more adjoining property owners in order to minimize impacts to seagrasses. (CZMP 4 . 69) 2 . 6.21. 12 Where there is no way to avoid seagrasses, docking facilities shall be constructed to minimize shading effects to underlying seagrasses. Planking shall be at least 3/8 of an inch apart, and oriented in an east to west direction, to allow maximun light penetration. -16- The dock shall be at a height of at least three and one-half feet above the surface of the water at mean high tide and shall extend waterward not more than 20% of the width of the waterbody at that location. The terminal platform of the dock shall not exceed 160 sq. ft. , with the access dock not more than 4 ft. wide. (CZMP 4 . 70) DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) . SEC. 3 .8. 3 APPLICABILITY: ENVIRONMENTAL IMPACT STATEMENTS (EIS) REQUIRED. 5. All sites within 500' of seam-ass beds. * Additional amendments to the Land Development Code in a Marinas and Boat Ramp section will be developed following the 1992-93 Manatee Protection Plan Program. -17- SECTION IX REFERENCES Collier County Government Environmental Resources Management Division. January 10, 1989. Collier County Growth Management Plan Conservation and Coastal Management Element. pp. C-II-116 to C-II-117 . Dawes, C.J. 1987. The dynamic seagrasses of the Gulf of Mexico and Florida coasts. In: Proceedings of the Symposium on Subtropical-Tropical Seagrasses of the Southeastern United States. Florida Marine Research Publications. Florida Department of Natural Resources, Bureau of Marine Research, Number 42 . Edited by M.J. Durako, R.C. Phillips, R.R. Lewis, III. Devlin, D.J. , R.H. Gore, C. E. Proffitt. 1987. Preliminary Analyses of Seagrass and Benthic Infauna in Johnson and Clam Bays, Collier County, Florida. Technical Report No. 87-2. Natural Resources Management Department, Collier County Government. Naples, Florida. 32 pp. Eleuterius, L.N. 1987 . Seagrass ecology along the coasts of Alabama, Louisiana, and Mississippi. In: Proceedings of the Symposium on Subtropical-Tropical Seagrasses of the Southeastern United States. Florida Marine Research Publications. Florida Department of Natural Resources, Bureau of Marine Research, Number 42 . Edited by M.J. Durako, R.C. Phillips, R.R. Lewis, III. Fonseca, M.S. 1989 . Regional analysis of the creation and restoration of seagrass systems. In: Wetland Creation and Restoration, The Status of the Science. U.S. Environmental Protection Agency Regional Reviews, Vol. 1. Edited by J.A. Kusler and M.E. Kentula. Kaplan, E.H. 1988 . A Field Guide to Southeastern and Caribbean Seashores. Houghton Mifflin Company. Boston, Mass. 425 pp. Littler, D.S. , M.M. Littler, K.E. Bucher, J.N. Norris. 1989. Marine Plants of the Caribbean: A Field Guide from Florida to Brazil. Smithsonian Institution Press. Washington, D.C. 263 pp. -18- Livingston, R.J. 1987 . Historic trends of human impacts on seagrass meadows in Florida. In: Proceedings of the Symposium on Subtropical-Tropical Seagrasses of the Southeastern United States. Florida Marine Research Publications. Florida Department of Natural Resources, Bureau of Marine Research, Number 42 . Edited by M.J. Durako, R.C. Phillips, R.R. Lewis, III. Marine Mammal Commission. 1988. Preliminary Assessment of Habitat Protection Needs for West Indian Manatees on the East Coast of Florida and Georgia. Washington, D.C. 107 pp. Molnar, G. , S. Markley, K. Mayo. 1989 . Avoiding and Minimizing Damage to Biscayne Bay Seagrass Communities from the Construction of Single Family Residential Docks. Technical Report No. 89-1. Metro Dade Department of Environmental Resources Management. Miami, FL. 22pp. Olsen, L.A. June 1981. The value of grassbeds: in general and in the Charlotte Harbor area. Florida Department of Environmental Regulation, Biological Section. Tallahassee, Florida. 5 pp. State of Florida Department of Natural Resources. 1989a. Manatee Protection Plan Guidelines. Tallahassee, Florida. . 1989b. Manatee Recovery Plan Implementation Schedule. Tallahassee, Florida. c. . 1989c. Suggested Framework: Manatee Protection Plan. Tallahassee, Florida. United States Fish and Wildlife Service (USFWS) . 1980. West Indian Manatee Recovery Plan. 56 pp. Zieman, J.C. 1987. A review of certain aspects of the life, death, and distribution of the seagrasses of the southeastern United States, 1960-1985. In: Proceedings of the Symposium on Subtropical-Tropical Seagrasses of the Southeastern United States. Florida Marine Research Publications. Florida Department of Natural Resources, Bureau of Marine Research, Number 42 . Edited by M.J. Durako, R.C. Phillips, R.R. Lewis, III. Zieman, J.C. and R.T. Zieman. 1989. The ecology of the seagrass meadows of the west coast of Florida: a community profile. Biological Report 85 (7 . 25) . U.S. Department of the Interior, Fish and Wildlife Service. Washington, D.C. 155 pp. -19-