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W z C m m M C n 3 m z z a m O v v p TI Z _ m n _ N o=0 �rrn C cn co '-'Mr) m MMz rn r �m zO M D z � z D '-' n z D z � <0 r- NJ m O co 8) rnoow r H P m Z. � nV) 0�z <z W m m 0 >z -< �QO 2 z D rn,z Wco rn D -I N �0 K 6 3 > n m o m N zC) 0 V mph' Ohm o ( O U') Ln .-q m�� -�im> ZDr- �r �O OGo co 0 c� z I 'a V _r' 0 z a m G) m z a m 3 M 4 M z G) m r m m H Z I I I i 1 i a r) r) 3DO �� rn OTO z - c rn rn z Lo m zO rn D ~z D M "z j° z m �zz �Z<o = r N =Wo rnoow vi rnzw � > v) 0�3 �<z 0 (n 0 ;u 0QO z z MP 0 C m D-Io �O-A 3-�6 C3> D m Ln M 0 N z -I 0 0 N mo- O�rn 0 � O z rn -M G) n- -n -1 zO> �0 OW 0 L c� z I 'a r� U2 0 O rt m n z 3 m C' �v �m U) r l► cl a O m z °a 3 m I mIZ- IN J .. 1-n a m c 't n ni C O H s 0 �o a 1 7 Ma r m m ma X H Z n m a X u cQ m C. 0) rt �D el ri 1 .b Office of the County Attorney ne R Jeffrey A. Klatzkow < i9 Deputy County Attorney • Scott R. Teach Section Chiefs • Heidi F. Ashton- Cicko* Jacqueline W. Hubbard* *Board Certified City, County and Local Government Lae Assistant County Attorneys • Colleen M. Greene Jennifer B. White Steven T. Williams Jeff E. Wright* March 20, 2012 Via E -Mail and U.S Mail Richard Rice 1247 Madison Court Immokalee, Florida 34143 -2624 Re: Collier County Airport Authority Advisory Board Dear Mr. Rice: I have been advised of your recent election to the Board of Fire Commissioners of the Immokalee Fire Control District. Although this is an achievement which you should take a great deal of justifiable pride in, it unfortunately means that you may no longer serve as a member of the Collier County Airport Authority Advisory Board. Ordinance No. 2010 -11 (the Collier County Airport Authority Advisory Board Ordinance), Section 3, provides in pertinent part, that "No person holding elected office at the state, county or municipality level shall be appointed to, or be a member of the Advisory Board." Accordingly, I have little recourse at this moment but to advise you that you are required to immediately resign from the Airport Authority Advisory Board. I want to personally thank you for your service to Collier County, and wish you the best of luck with the Immokalee Fire Control District. Sincerely. Jeffrey A. Klatzkow County Attorney cc: Chris Curry (via e -mail only) Ian Mitchell (via e -mail only) 3299 East Tamiami Trail, Suite 800 • Naples Florida 34112 -5749 • (239) 252 -8400 • FAX: (239) 252 -6300 C> L-L. l t4 1�—? VA G Pl - - - -- Original message---- - From: Tom Tomasello <tgtpa a�comcast.net> To: 'Rollin Rhea ' <rollinrhea(a)-yahoo.com> Cc: 'Scott Shirley ' <sshirleV(a)asrlegal.com> Sent: Wed, Mar 28, 2012 17 :13:13 GMT +00:00 Subject: Collier County Rollin, t1ey-�q 4- Pv$uLc, Corvrn� 5 7- court, Collier County Attorney, Colleen Green, called me today. She said many of the public records we requested were in the possession of their consultants (Coastal Engineering Consultants, Inc. for one) and the County would have to pay its consultants to search for and obtain these documents. She said County staff did not have any money at this time to pay its consultants to provide the documents. She said County staff would make a request to the Board of County Commissioners for such funds and this was likely to take place at the upcoming April 10 County Commission meeting. Thus, although the County's response to our production request was due on March 23, we do not have all documents as yet. I agreed to work with Ms Green to limit our requests to save time and money. Also, she said the County would bill us for the production request. Typically in these proceedings, parties do not charge to produce documents. We will do more research on that. She did not tell me how much she would be requesting from the Commission. Will be interesting to see the reaction of the Commission to this request. Please contact me with any questions. Tom Tom Tomasello 1107 Terrace Street Tallahassee, Florida 32303 Email: tgtpa @comcast.net p 850.224.9199 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2011 Go The 2011 Florida Statutes Page 1 of 2 7 n , l � 11d M- le to rN-6 In Title X Chapter 119 View Entire Chapter PUBLIC OFFICERS, EMPLOYEES, AND RECORDS PUBLIC RECORDS 119.021 Custodial requirements; maintenance, preservation, and retention of public records. (1) Public records shall be maintained and preserved as follows: (a) All public records should be kept in the buildings in which they are ordinarily used. (b) Insofar as practicable, a custodian of public records of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible for convenient use. (c)1. Record books should be copied or repaired, renovated, or rebound if worn, mutilated, damaged, or difficult to read. 2. Whenever any state, county, or municipal records are in need of repair, restoration, or rebinding, the head of the concerned state agency, department, board, or commission; the board of county commissioners of such county; or the governing body of such municipality may authorize that such records be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them. 3. Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book. The copy shall then have the force and effect of the original. (2)(a) The Division of Library and Information Services of the Department of State shall adopt rules to establish retention schedules and a disposal process for public records. (b) Each agency shall comply with the rules establishing retention schedules and disposal processes for public records which are adopted by the records and information management program of the division. (c) Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s. 257.36_ (d) The division may ascertain the condition of public records and shall give advice and assistance to public officials to solve problems related to the preservation, creation, filing, and public accessibility of public records in their custody. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. The division shall establish a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall, subject to the availability of necessary space, staff, and other facilities for such purposes, make space available in its records center for the filing of semicurrent records so scheduled and in its archives for noncurrent records of permanent value, and shalt render such other assistance as needed, including the microfilming of records so scheduled. http: / /www.leg. state .fl.us /STATUTES /index.cfm ?App mode= Displav Statute &Search Stri... 4/9/2012 Statutes & Constitution :View Statutes : Online Sunshine �„� Page 2 of 2 (3) Agency orders that comprise final agency action and that must be indexed or listed pursuant to s. 120.53 have continuing legal significance; therefore, notwithstanding any other provision of this chapter or any provision of chapter 257, each agency shall permanently maintain records of such orders pursuant to the applicable rules of the Department of State. (4)(a) Whoever has custody of any public records shall deliver, at the expiration of his or her term of office, to his or her successor or, if there be none, to the records and information management program of the Division of Library and Information Services of the Department of State, all public records kept or received by him or her in the transaction of official business. (b) Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records. History. —s. 2, ch. 67 -125; s. 3, ch. 83 -286; s. 753, ch. 95 -147; s. 5, ch. 2004 -335. Copyright © 1995 -2012 The Florida Legislature • Privacy Statement • Contact Us http: / /www.Iev,. state .fl.us /STATUTES /index.cfm ?App mode = Display Statute &Search Stri... 4/9/2012 7-CIZV STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners, vs. DOAH Case #: 12 -495 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Respondents. PETITIONERS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY RESPONDENT, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PETITIONERS, by and through their undersigned counsel, pursuant to Rule 1.280 and Rule 1.350, Florida Rules of Civil Procedure, and Rule 28- 106.206, Florida Administrative Code, hereby request Respondent, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, produce for inspection and copying the documents designated below, such inspection to be held at the law offices of Ard, Shirley & Rudolph, P.A., 207 W. Park Avenue, Suite B, Tallahassee, FL 32301, within thirty (30) days from the date of receipt of this request. GENERAL PROVISIONS AND DEFINITIONS 1. As used herein, the term "documents" or "documentation" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin or location, or any video, computer disk, book, pamphlet, periodical, letter, or memorandum (including any memorandum or report of a meeting or conversation), order form, receipt, calendar, telex, electronic mail, email, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper, chart, paper, print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data sheet or data processing card, data stored on a computer hard -drive or disk, specification, or any other written, recorded, transcribed, punched tape, filmed, or graphic manner, however produced or reproduced, which is in your possession, custody, control, or otherwise accessible to you, or which was, but is no longer, in your possession, custody or control. 2. As used herein, the term "you" or "your" means the Respondent, BOCC, and its agents, representatives, and employees. 3. "BOCC" means the Collier County Board of County Commissioners, Collier County, and its agents, representatives, and employees 4. When producing documents, separate and identify them by the production request number to which they are responsive, and if responsive to more than one request, identify them by each such request number to which they are responsive. 5. If any document responsive to a request was, but is no longer, in your possession or subject to your control, state what disposition was made of it and the reason for its disposition. 6. These production requests are continuing, requiring you to supplement your response and to produce any additional documents if such documents are discovered by you after the time you first respond to this request. 7. To the extent you object to any production request, set forth all reasons therefor. 2 f REQUESTED DOCUMENTS 1. All documents related to Florida Department of Environmental Protection File Number CO -922 V. 2. All documents containing the Mean High Water positions and profile comparisons referred to in paragraph 2 of the August 15, 2011 (Revised) "Petition for Variance From 62B- 33.005(8) Vanderbilt Beach Restroom and Concession FDEP File #CO -922" (Revised Variance Petition "). 3. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that the "[t]he proposed project will increase pedestrian accessibility ". 4. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that "the Department's application of the Rule would create a "substantial hardship ". 5. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that "TDC funds currently encumbered for this project will be lost when the Project is cancelled ". 6. All documents which support or are related to the claim in Paragraph 2 of the Revised Variance Petition that [t]here is no alternative for siting the proposed improvements more landward ". 7. All documents related to each alternative the BOCC considered which would allow a more landward location of the proposed improvements. 8. All documents containing information related to "beach usage at this access point" as discussed in paragraph 2 of the Revised Variance Petition. 3 7 -cam 9. All documents related to the "existing concessioner" referred to in paragraph 4 of the Revised Variance Petition. 10. All documents which support or are related to the claim in paragraph 5 of the Revised Variance Petition that "the proposed structure lies landward of the uniform line of construction established by multiple major structures ". 11. All correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of Gary McAlpin, in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding or to the Vanderbilt Beach access facilities. 12. All correspondence, letters, memorandum, electronic mail, email, and notes sent to, delivered to, or received by Gary McAlpin, in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding, or to the Vanderbilt Beach access facilities. 13. All correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of any agent, representative, or employee of the Respondent, including but not limited to Michael T. Poff, P.E., which are in any way related to the Vanderbilt Beach Restroom and concession project at issue in this proceeding or to the Vanderbilt Beach access facilities. 14. All correspondence, letters, memorandum, electronic mail, email, and notes sent to, delivered to FEMA in any way related to the Vanderbilt Restroom and concession project, including but not limited to the potential for variances from applicable FEMA requirements. 15. All documents related to ownership of Vanderbilt Beach Road and the cul de sac at the end of that road adjacent to the land on which the Vanderbilt Beach Restroom and 4 concession project is proposed to be constructed. 16. All documents related to any study undertaken by Collier County, or any proposal reviewed or considered by the BOCC, to construct a recreational pier at Vanderbilt Beach, including but not limited toy all correspondence, letters, memorandum, electronic mail, email, and notes prepared by or at the direction of any consultant, agent, representative, or employee of the BOCC. 17. All documents related to any request or application the BOCC has submitted to any local governmental entity in Collier County seeking a variance in any form from any flood hazard protection requirements adopted by that local governmental entity or Federal Emergency Management Agency under the National Flood Insurance Program, including but not limited to, base flood elevation requirements. 18. All documents related to any variances the BOCC or Collier County has issued under Collier County Land Development Code 9.04.05 to any flood hazard protection requirements adopted by the BOCC or Collier County. 19. All documents the BOCC intends to introduce as evidence at the hearing in this proceeding. 20. All other documents known to the BOCC which support the allegations included in its Revised Variance Petition. 21. All documents referred to by the BOCC in its answers to Petitioners' First E Interrogatories to BOCC. Respectfully submitted this 91" day of February, 2012, /Scott Shirley Scott Shirley Fla. Bar No.: 547158 ARD, SHIRLEY & RUDOLPH, P.A. Post Office Box 1874 Tallahassee, Florida 32302 -1874 (850) 577 -6500 (850) 577 -6512 (facsimile) sshirley @arslegal.com Thomas G. Tomasello Florida Bar No. 233587 THOMAS G. TOMASELLO, P.A. 1107 Terrace Street Tallahassee, FL 32303 (850) 224 -9199 tgtpa @comcast.net Attorneys for PETITIONERS CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing were provided via electronic mail to Colleen M. Greene, Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112, ColleenGreene @colliergov.net, and to West Gregory, Esquire, Assistant General Counsel, Office of the General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd. MS # 35, Tallahassee, Florida 32399- 3000, West. Gregory@dep. state.fl. us, this 9th day of February, 2012. /Scott Shirley Attorney STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners. vs. DOA Case #: 12 -495 FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Respondents. PETITIONERS' S1 1'OND1,1RS� I' REQUEST FOR PRODUCTION OF DOCUMENTS BY RESPONDENT, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _PETITIONERS, by and through their undersigned counsel, pursuant to Rule 1.280 and Rule 1.350, Florida Rules of Civil Procedure, and Rule 28- 106.206, Florida Administrative Code, hereby request Respondent, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, produce for inspection and copying the documents designated below, such inspection to be held at the law offices of Ard, Shirley & Rudolph, P.A., 207 W. Park Avenue, Suite 13, Tallahassee, FL 32301, within thirty (30) days from the date of receipt of this request. GENERAL, PROVISIONS AND DEFINITIONS I. As used herein, the term "documents" or "documentation" means any medium upon which intelligence or information can be recorded or retrieved, and includes, without limitation, the original and each copy, regardless of origin or location, or any video, computer disk, book, pamphlet, periodical, letter, or memorandum (including any memorandum or report of' a meeting or conversation), order form, receipt, calendar, telex, electronic mail, email, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper. chart, paper, print, laboratory record, drawing, sketch, graph, index, list, tape, photograph, microfilm, data sheet or data processing card, data stored on a computer hard -drive or disk, specification, or any other written, recorded, transcribed, punched tape, filmed, or graphic manner, however produced or reproduced, which is in your possession, custody, control, or otherwise accessible to you, or which was, but is no longer, in your possession, custody or control. 2. As used herein, the term "you" or "your" means the Respondent, BOCC. and its agents, representatives, and employees. 3. "BOCC" means the Collier County Board of County Commissioners, Collier County, and its agents, representatives, and employees 4. When producing documents, separate and identify them by the production request number to which they are responsive, and if responsive to more than one request, identify them by each such request number to which they are responsive. 5. 1 f any document responsive to a request was, but is no longer, in your possession or subject to your control, state what disposition was made of it and the reason for its disposition. 6. These production requests are continuing, requiring you to supplement your response and to produce any additional documents i f such documents are discovered by you after the time you first respond to this request. 7. To the extent you object to any production request, set forth all reasons therefor. 2 REQUESTED DOCUMENTS 221. '\[] ,site, design and.....arch.itectural plans prepared 1),, the BO( V. 161- the 110(:(..'_ ol al, thcrvqqcsl d, I lie II(XV related v -over and to tile proposed ne\.V "Cst"0011) facilities. � alk linpro%cinerils at the 'ligertail Park r)—uhlic beach. and am otller4wo (sed restroORIs €I J ties in Collier Count%, rvor)osed h-, Or Under rcvic%\ or consideration ti Ali4 Nulnl-m GO-0 2 _..._._.A44 ._Mean- .....} h -Watef- ....}omit _ftfiJ____f)f+A4e A_?<)4TTPa6,;t iffs f-e 4iTl-e4 ii l, i n. August... }- 5_24 }1 4 fi+"e 444,_-'�GO-422!. +Rek4sed Ali 'A'hieh SuIll-)W4, Of HI-le Felated to the ektiffl in- Pafd#fUJ4I 2 -(14: (lie R(n kv�d varj ff�ce poili011 I-11'at the It the twoposej py(�JeCt moll iflefease pedestrian aceesiiWkjy*.'..- 4, ......_ —Al l (W are rokited to the claim i.n. Vara#fafAl 2 {41(he that the DepaftlPeTH.-.'s afl }ieatiofl ot'.. dlv4. 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"'a -. r0ateel - -ts} -the Vaoderkirk J;e a l} lies #+'eool and - i>ofwe:si<+++- projoel at- iss(+e in 11ii's vi)t, <1+ng,'(W.i:c,the Vs +t +tiv hilt: Ek,ach a cess Is,�� €t;il 1Zc>t+'tx>t }t t ++sl e < *+}tessit�++ l�rEtijett- -at-i� ;tom- +++- tl+i+• «eer�t�+++g_t� -tH �lae- �'- a+�le�ii�t -at�t - - .14.-.. - AIl�rreE, +de �e e�ttrr �+.,rrit ++ai} —a #+t rte iir'tttliki�±- t3#3t -#4f?t at- €4iv -e� -ii; thwt#rwats i1cldt €d- o - -rat, -said\ un rtalreii KY Collie+( >�>�++� rep ,p eo nsider by fade- BCiC*1' tv, - ec41s t it reerertt i<-*a4-- pief—at i ne lt+tti ri Ig 1- +ut -not, -1 k-n iit4 to # +11- c4irr- c,,pon iefie-e-, +irate:, -1 rt i tretl- lam._t , i..;rt- €lip- ali-- ce4ion tit --saw} Wit. re• rese #iiaEi _tar et+� lrs ee tr4 -�li t =. 17 - ..A i d 14ej-tc4 xriy:._a: e p sit er t 4 w4U_)('€L-4ia - �+�rr+i t tee -te aoN I(wal gt +m- eirinnental entltm - -in C`011iet-Ctmanly-seeking a vurian+e in any form fi-ciirranN, -flood lip+ artl- pi- oltCtion #equiri+}lent adopletl ky 01A to al g<imertiifiiei+tal entity of l:ecleral 1- ;n1erget1ea -Man gc neitt .alt >eo,YY witlt,t the Natit:oial kloo# lr }s# rmw+ e Proor-am +rwit+ttin- bbl nol, kolite'd-t4+ doer #i +per +ts— rt,lattd ...._tci tay.....m +ianet4tlii.......1.3t)C( or ('<>lliccr ( =bunt ...lip k, tUtsd (+ #+der t'04i'v (', }t +itt 1 u+ifl- remelt} +nie t -4 {+tle -9 44.05._Ie, -my -- *KJ 1+t 3rtl ?rtiteetic ri 1 --- ��1- tlt+cElt + +c' +tt _.t{} 4�( -k +3ite E4ti tee- itlt �Clf as e 'it Formatted: Indent: First line: 0" 24), ill -other tk +eye # }ierrt k+w ; mvkriei start tlie- 4lega{iwis t# e-44u -its ��- isti'iar- it#+Itt;- 1't�+N c 1— ;1 i 1 klf umv rt rrt r e to E tk €. 134 i ? t tierte+s 1 i r st ! Fi er att s li r OCk" Respectfully submitted this day of February, 2012, Thomas G. Tomasello Florida Bar No. 233587 THOMAS G. TOMASELLO, P.A. 1107 Terrace Street Tallahassee, FL 32303 (850) 224 -9199 tgtpa(a &omcast.net Scott Shirley Fla. Bar No.: 547158 ARD, SHIRLEY & RUDOLPH, P.A. Post Office Box 1874 Tallahassee, Florida 32302 -1874 (850) 577 -6500 (850) 577 -6512 (facsimile) sshirley(aarslegal.com Attorneys for PETITIONERS CERTIFICATE OF SERVICE I IIEREBY CERTIFY that copies of the foregoing were provided via electronic mail to Colleen M. Greene, Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, Florida 34112, 1-- 44an_c)_to West Gregory, Esquire, Assistant General Counsel, Office of the General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd. MS # 35, "Tallahassee, Florida 32399 -3000, this day of February, 2012. 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O uj J W J 00 F W 2 Z x ce LL W W IL 0 V W V IL n A A 3 V r m m X O z 2 m a W r m r m O In 2 m v a z 2 m W D v O O 3 V X O O 2 m C V m W m M z m X 0 0 c m r m v O 2 X m W 3 N z C m mn X O c A O 3 m z a z v X m O v v X O z m A 2 w 3D0 3 � ;a OTO 0 rn z m z m D AGE Z G) D _z �zm �zz <0 �Oo =030 rn�W n�� rnzw D U) o <z m o`er0 >z� oQo �o� M, z 0cm D-Io 00� 3 -� o '-' r cn c3z rnrnNJ N N 0 o O N D O 70 m rn AO U) �� Z rn mG)� 3 m rnW OD � D � r �O 003 T co O�Z 9 V m rt z 3 m 10 -03 w �w3 C, CD c� a. CD N H z G) m z v m 3 a m Z D D Ti n C� m M z v m A c� m rt 9 m C .a n ai G 0 1 z 0 i a m r+ T r a m V z A r a 11A From: John Sorey [mailto:lsorey(lnaplesgov.com] Sent: Friday, March 02, 2012 3:19 PM To: McAlpinGary Cc: Bill Moss" Subject: Funding Beach Renournishment Gary: I have had an opportunity to reflect on some of the comments from the last TDC meeting and would like your review and comments on the following. Once completed, please add to my comments and share with the CAC and TDC, and Mr. Ochs. The comments must be done quickly, as I would like this to be an agenda item on the March 8th 2012 CAC agenda. As we have communicated multiple times, the scope of the next beach renourishment is unknown and will depend on the funds available. We should permit a true ten year design which is anticipated to cost approximately $30,000,000. This will provide the most flexibility and is consistent with the direction from the BCC and the Naples City Council which was to maximize the time between beach renourishments while maximizing the economics of the project. At the last TDC meeting, Mr. Hill appropriately questioned the reserves available for the next beach renourishment. He cited an availability of $25,000,000 based on the financial information provided by you in the TDC packet. I know based on our various discussions in the past, that this is "carry forward" which represents unspent monies from existing projects and set aside reserves. We must do a better job of communicating these numbers in the future. My understanding is the reserves are $23,951,950 and consist of the following: Catastrophe Reserve - -- $5,000,000 as required by the BCC Major Renourishment reserve $12,000,000 Pier Reserve $79,000 which is inadequate and should be addressed. Reserve for FDEP reimbursement $3,400,000 Currently earmarked for FY 2013 Projects $3,026,950 As indicated, of the $23,951,950 reserves identified, the only current source of funds available for beach renourishment is $12,000,000. If only the $12,000,000 was available, we would have funding in FY13/14 to duplicate the 2005/06 project. This is not acceptable and is inconsistent with our guidance. As you indicated, you expect the basic renourishment project cost after anticipated savings to be approximately $16,000,000. In FY13/14, I understand you expect reserves and unspent project funds to be $16,500,000. This funding is without any state or federal monies and does not accomplish BCC or City Council direction to maximize the time between renourishments. In addition to the $16,500,000 identified for the basic beach renourishment project, funds have been budgeted for the Wiggins Pass Channel Straightening project($1,700,000); and the Marco South Beach renourishment /structure rebuild project($3,000,000). Additional renournishment, hot spots, groin removal, and the jetty spur at Doctor's Pass will require additional funding. These funds could come from: the FDEP State Cost Share program; ,,,,\J FEMA Tropical Storm Fay ($5,000,000 to 7,000,000); Fund 183 - -Beach Park Facilities �e 1 r\ b� ($10,000,000+ -) and /or the Catastrophe Reserve ($5,000,000). M1 �c�� W4 S �1 The Beach Fund does not have enough money to accomplish the scope of work directed by the City Council and the County Commission. Some of the issues that need to be addressed are the life of the renournishment plan, and the funding thereof. Funds are accrued on a ten year funding cycle, however the amount accrued is not sufficient to fund a ten year or maybe even a six year cycle. When we renourish in FY13/14, eight years will have elapsed since the last cycle, and already a number of beach sections are inadequate for our residents and tourists. Visit the area just south of the Naples Beach Hotel for instance. 2 11A As we discuss allocation of TDC funds, the beaches must receive more resources to protect one of our most valuable assets. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Crystal K. 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0 H Ln D 0 N n 0 C) 0 O 1-j N �� e rn S 1 G) L J 2 2 m Dr O n o3 oLo zN D rn a 3 z -m�l v a z G) M 3 m 4 I �"' m Z a m 3 r A m n. 3 fl) 7v ) � I fD O S O a cD rt r a rn w Z A r a Ili OCT- - M - a 789 -C'Iko end 5c� &� X/ y - Sheet2 Sheet3 L nDated: mment Name Pelican Bay Resident Other Party Resource Concerns nti- Motorboat Policy Issues (check one) (check) (check) (check) 1 5/20/10 Bob Diffenderfer X X X 2 5/19/10 Michael GrWer X X X L W6 3 5/17/10 Lewis Longman & Walker X (represents) X X 4 5/147/2010 Philip & Rosamond Wyche X X X 5 5/17/10 Henry & Jeir Price X X ivy IF 6 5/17/10 David Rcellig X X 7 5117/10 Joe Adams X X 8 5/15/10 Patricia Mullen X X 9 5115110 Bill Van Arsdale X X 10 5/14110 sleeplezz @mac.com X 11 5/14/10 Emilie Bromley X X 12 5/14/10 Marilyn Hochberger X X X 13 5/14/10 Harriet Lickhalter X X X 14 5114110 Robert Naegele X X X 15 5114/10 Kathy Worley X X 16 5/14!10 MilesCroom /NMFS X X 17 5/14110 Claudia Osborn X X X 18 5114110 Jay Rose X X X 19 5/14/10 Gil Rashbaum X X X 20 5/14/10 Estelle Fishbein X X 21 5/14/10 Judith Sokoll X X 22 5/14/10 Phil Germain X X X 23 5/14/10 Patricia Owen X X X 24 5114110 Terry McGuan X X X 25 5/13/10 Gerald Bepko X X X 26 5/13/10 Elaine Chase X X X X 27 5/13/10 Annice Gregerson X X X 28 5/13/10 Art Ritas X X 29 5/13/10 Lilias Bruce X X X X 30 5/13/10 JeanneFndlater X X 31 5/13/10 Beth Sulzer - Azaroff X X X 32 5113/10 Linda Roberts X X X 33 5113110 Marc Russ X X 34 5/13/10 Ronnie Bellone X X X 35 5/13/10 Rob & Darla Ebert X X X 36 5113110 George Koliber X X X 37 5/13/10 DorrineStolar X X X 38 5/13/10 Stanley Stolar X X X 39 5/13/10 Ted Raja X X 40 5113110 Anonyms X X X X 41 5/13/10 Gregg & Jean Johnson X X X 42 5113110 Sr-a Strawbridge X X 43 5/13/10 Agnes Ison X X 44 5/13/10 Arthur Chase X X 45 5/13/10 Maida & John Domenie X X X 46 5/12/10 Mary McLean Johnson (MAG) X X 47 5/12/10 Marcia Cravens X X 48 5/12/10 Lenid Azaroff X X 49 5/12/10 Judith Phillips X X X 50 5/12/10 ChristopherFndlater X X X 51 5/12/10 Chester Phillips X X X 52 5 /12/10 Joan Klipping X X X 53 5/12/10 Patrica Bush X X 54 5/11/10 j Kay Erickson X X X X 55 51111101 ComObley X X X 56 5/111101 Linda Roth X X 57 51111101 Alice Potter X X 58 5/11/10 Ian McKeag X X X 59 5/6/10 David Trecker X X 60 5/3110 Jo Dingler X X 61 63 NMFS agency contact 64 65 - Sheet2 Sheet3 L P, S Z3 h(," 4/10/12 COMMENTS OF CONCERN ON PROPOSED CLAM PASS DREDGING PERMITS by Marcia.Cravens for Sierra Club Calusa Group and Save Clam Bay - Keep It Natural Petitioners: (Please note that 20 pages of online petition comments are included with these comments) Background: 1970's Environmental Conservation Non - Government Organizations (NGOs) and general public advocacy to preserve and protect Clam Pass /Clam Bay natural resources resulted in the Corps requirement for the Coral Ridge - Collier Properties owner developers of Pelican Bay to agree to permit Special Conditions. The Department of Army (USACE) authorization to fill 78 acres of coastal mangrove wetlands was predicated upon its Special Conditions and primarily required the remaining 570+ acres of undeveloped coastal barrier natural resources within the Pelican Bay Planned Unit Development / Development of Regional Impact boundaries to be set aside in a manner that restricted it to be retained as a Conservation /Preservation area in perpetuity for the benefit of the public. The Corps permit 79K -0282 issued on November 18,1981 required that the permit with its Special Conditions be recorded in the County's Official Records of the conveyance of the remaining 570+ undeveloped acres of Clam Pass /Clam Bay. Concerns: Degradation of resources by construction /excavation is inconsistent with prior State and Federal permit authorizations and inconsistent with the 1981 Corps permit Special Conditions because of direct loss of benthic substrate from dredging and secondary erosional impacts from combined enlargement of construction and excavation projects in the Clam Pass -Clam Bay Conservation and NRPA Preserve. Repetitive and expanded dredging events alter its natural characteristics and affect its functions of aquatic nursery, wetlands habitat, and natural beach /dune areas resulting in disturbances to wildlife uses and human passive recreation that constitutes unacceptable taking of established wildlife and human uses. The 2009 application to dredge Clam Pass and later modification to infill existing tidal channel doesn't conform to Corps and County requirements to retain natural conditions of the waters, creek - lagoon shorelines, beach and dune. Conformance to prior authorizations should limit any dredging re- authorization to the minimal amount necessary to keep the Clam Bays and creeks open to the Gulf of Mexico and never done to remove the maximal amount of sand possible from the Clam Pass system. All prior permits authorized placement of sand on adjacent beaches as Incidental benefit but not as a main purpose of dredging. Summary: The Clam Pass dredging application causes environmental conservation concerns because: It fails to report project area's special designations to protect coastal resource of wetlands / beach; It fails to provide official records that protect the area from development of construction /excavation; It misrepresents the modest authorized dredge template of the 1998 JC permit and improperly discredits the original engineer of record, David Tackney as not having provided specific modeling; It omits important Cultural /Archaeological Sites that were shown by map and commented on by the Florida Department of State - Division of Historical Resources with specific conditions to avoid disturbance to them - which is inconsistent with the 1998 FDEP JC permits; It fails to ensure continued passive recreation that's compatible with habitat and wildlife uses; It fails to identify its current offshore assessment of live hardbottom differs significantly from that submitted for the 1998 JC permits - which indicates an apparent loss of approximately 200 to 250 ft of productive hard bottom seaward (offshore) of Clam Pass and adjacent beaches; It improperly asserts that a Statewide Programmatic Biologic Opinion appled to this project; EA /EIS or comprehensive data in lieu of an EA /EIS for environmental use impacts are unmet; Core logs analyses from 1990s are submitted for dredged tidal channel and aren't current; Recent cores analysis are mostly from beaches and may not meet dredge channel core criteria. Conclusion: The applicant's and applicant's consultants failed to reference and provide comprehensive reports on the project area's history and environmental characteristics which other researchers / consultants have referenced . This is likely to be largely responsible for a serious lack of understanding for the project area, deficiency of necessary information and practicable alternatives that minimize or avoid negative impacts to the project area and connected areas. This situation appears to risk insufficient reviews by Regulatory agencies. Concerns remain the proposed are inappropriate to the project site. Recommendation: Address NGO and public concerns to achieve the best environmental resource permit outcome. For Clam Pass dredging projects -it is clear to the NGOs and public that Less is Best. U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, FL 33919 Fax: (239) 334 -0797 11/2/2011 i J-." 10 1 Attn: Linda Elligott, Please accept this correspondence for the record of File No. SAJ- 1996 -02789 (LE) and respond to its content by return email to the Sierra Club Calusa Group. We are an advocate for preservation and protection of the Clam Pass undeveloped portion of the coastal barrier island including the location of the requested permit activity. We request that the Corps conduct a permit Workshop to provide NGOs an opportunity for meaningful participation with the permit reviewers which is not accorded by the limitations of written public comments and is needed to remedy the deficient permit application. Background: Sierra Club members, other NGOs and general public advocacy to the Corps for Clam Pass/ Clam Bay resources resulted in the Corps requirement for the Coral Ridge - Collier Property owner developers of Pelican Bay to abide by Corps permit Special Conditions which predicated Corps authorization to fill a maximum of 78 acres of mangrove wetlands in the far NW area for the Pelican Bay development only upon the owner /developers agreement that the remaining 570 acres of coastal barrier natural resources within Pelican Bay development boundaries would be set aside in a manner that restricted it to Conservation /Preservation in perpetuity. The Corps permit 79K -0282 issued on November 18, 1981 is as it required, a part of official county records pertaining to its Special Conditions of protection from further development of the remaining 570 acres Clam Pass /Clam Bay coastal barrier resource area. Sierra Club Calusa Group advocates on behalf of current and future members to retain their ability to enjoy passive activities that are compatible with and do not degrade the Clam Pass/ Clam Bay Conservation and Natural Resource Protection Area (NRPA) Preserve. The human benefits include its aesthetic beauty; opportunities to observe wildlife; guided nature walks; nature photography; undeveloped beach experiences; fishing in Clam Pass, the surf and backwaters; paddling through quiet meandering creeks with mangrove tunnels; swimming, wading, snorkeling, etc. The proposed dredging project is one of several projects planned by the County in the Clam Pass CBRS FL -64P unit. These projects individually would directly degrade natural resource characteristics that support diverse wildlife and that our members enjoy and benefit from. Secondary impacts from each project are expected to further degrade areas that our members and the general public expect to remain a protected natural resource preserve. Degradation of resources by construction /excavation is inconsistent with the prior JC permit authorization and inconsistent with the 1981 Corps permit Special Conditions. Cumulative impacts from combined construction and excavation projects in the Clam Pass FL -64P unit / Conservation and NRPA Preserve would reduce its functions of aquatic nursery, wetlands habitat, and beach /dune areas and constitute an unacceptable taking of established listed/ unlisted wildlife and human uses. The 2009 application to dredge Clam Pass /Clam Bay doesn't conform to Corps and County requirements to primarily retain natural conditions of the waters, creek /lagoon shorelines, beach and dune areas with limited exceptions. Conformance to prior authorizations should limit any dredging re- authorization to the minimal amount necessary to keep the Clam Bays and creeks open to the Gulf of Mexico and never done to remove the maximal amount of sand possible from the Clam Pass system and should exclude dredging the Clam Pass ebb shoal for the purpose of taking sand to use for beach nourishment. Prior JC permits authorized placement of sand on adjacent beach as an Incidental benefit but not as the purpose of the permits. Summary: Sierra Calusa Group recognizes the current application to dredge Clam Pass /Clam Bay as incomplete for the following reasons: It failed to report the project area's special designations intended to protect nearshore and offshore aquatic resources, wetlands, and beach; It failed to provide County official records that protect the area from further development (construction /excavation) in the Clam Bay NRPA Preserve aka Clam Pass CBRS unit; It misrepresented the minimal authorized dredging template of the 1998 JC permit, improperly discredited the engineers of record and misrepresented that Tackney had not provded a model; It omitted important Cultural /Archaeological Sites that were shown by map and commented on by the Florida Department of State - Division of Historical Resources with specific conditions to protect those sites by avoiding disturbances to them for the 1998 FDEP JC permits; It failed to identify that its current offshore assessment of live hardbottom differs significantly from that submitted for the 1998 JC permits which indicates an apparent loss of approximately 150 to 200 ft seaward that may be direct /secondary impacts from dredging and beach sand placement. The applicant's failure to reference many comprehensive reports on the area's environmental characteristics which other researchers / consultants have referenced is likely to be largely responsible for a serious lack of understanding for the project area and deficiency of necessary information to inform a sufficient permit review by the Corps and its consulting agencies. Sierra Calusa Group requests the Corps to conduct a workshop with the consulting federal agency persons already involved in biological reviews and include our participation for submittal and discussion of materials we may provide that are missing from the permit application and therefore cause it to be inaccurate and incomplete. We request this as a means for meaningful participation to remedy the currently deficient permit application that is cause for insufficient Corps and Consulting Agencies review of it. Consider these concerns to also be the basis of a Corps permit hearing by the Sierra Club Calusa Group. Bobbie Lee Gruninger Chairperson, Sierra Club Calusa Group bleegruninger @comcast.net 13 6GC lirLo� April 11, 2012 Pelican Bay Services Division Board Regular Sessiond7/1�� C G� 7b. Chairman's Report. Board and Corps Correspondence re: support for Clam Bay dredging workshop C r� Page 2 of 2 111 -c-K COLLIER COUNTS GOVERNIN EV`T Pelican Ka" Seer, ices Di"i ion �t'I_uuta t7.,l {a�.,: •�:l:ii .,r,?• \.i c f- • _. March 1 S, 2012 Ms. Linda A. Elligott U. S. Army Corps of Engineers Jacksonville Regulatory Division Fort Myers Section 1520 Royal Palm Square Blvd., Suite 310 Fort Myers, Florida 33919 RE. Permit Application No. SAJ- 1996 -02789 (1P /LAE) "Clam Pass" Dear Ms, Elligott. The Pelican Bay Services Division /Municipal Services Taxing and Benefit Unit (PBSD /MSTBU) Board acknowledges, supports and endorses requests fora collaborative U.S. Army Corps of Engineers Clam Pass - Clam Bay Dredging Permit Workshop with their Federal Permit Consultant Agencies that allows meaningful participation by the Sierra Club Calusa Group, Conservancy of Southwest Florida, Mangrove Action Group, and Collier County Audubon Society. Regards, Keith J. Da4as, Chairman Pelican Bay Services Division Board 7b. Chairman's Report. Board and Corps Correspondence re: support for Clam Bay dredging workshop Page 1 of 2 11J -cR' ResnickLisa From: Elligott, Linda A SAJ [ Linda .A.Elligott @usace.army.mil] Sent: Thursday, March 15, 2012 10:49 AM To: ResnickLisa Subject: RE: On Behalf of Pelican Bay Services Division Board Chairman Dallas - response from ACOE (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Lisa. Thank you for your request on behalf of Pelican Bay Services Division. The Corps does not-have a function that supports a Permit Workshop such as you have requested. I appreciate your understanding and thank you for your interest in this project; if you have any questions, please do not hesitate to contact me. Thanks, Linda - - - -- Original Message---- - From: ResnickLisa [mailto:LResnick(,collier og v.netl Sent: Thursday, March 15. 2012 8:48 AM To: Elligott, Linda A SAJ Cc: Jim Powers (limAdmgfI.com); Keith Dallas Subject: On Behalf of Pelican Bay Services Division Board Chairman Dallas Dear Ms. Elligott: On behalf of Pelican Bay Services Division Board Chairman Keith J. Dallas, please see attached. Reizards, Lisa Resnick Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 Tel. 239.597.1749 Fax 239.597.4502 Iresnick(j� collier og v net <mailto:lresnickgcollier og v net> http:/ /pelicanbayservicesdivision.net <http://pelicanbgyservicesdivision.net/> Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Classification: UNCLASSIFIED Caveats: NONE Xe June 18, 2011 Ms. Linda Elligott Jacksonville District Army Corps of Engineers 1520 Royal Palm Square Blvd. — Suite 310 Fort Myers, FL 33919 Re: Public Notice of May 13, 2011, SAJ- 1996- 02789(IP- LAE)(Clam Pass Dredging) Dear Ms. Elligott: In my judgment the requested permit may not be issued at this time as proposed. Evidence has not been furnished for public comment to meet various compulsory compliance requirements of federal permit rules both for substance of analysis and for public comment opportunities. Having said that, there does appear to be a clear public interest to approve some course of action consistent with the primary objective of the proposal, i.e., to conserve the environment in Clam Bay and the surrounding mangrove forest. This public interest in conserving Clam Bay and the associated mangrove forest has previously been examined and approved in the 1981 Corps permit to build Pelican Bay and the 1998 permit to implement the Clam Bay Restoration and Management Plan (CBRMP). With an interim course of action in place to continue conservation efforts, the appropriate information to evaluate the current permit request can be documented and an opportunity for public comment provided that would meet all the federal criteria and procedures for a decision on the pending request. The primary constraint on the decision process at this time is that there is no consensus on the appropriate cross - section and volume of dredging to achieve the objective of resource conservation. In the absence of such a consensus, federal regulatory rules require an explicit examination of reasonable alternatives to the proposed course of action, an opportunity for public comment on the alternatives, and selection of the least environmentally damaging practicable alternative. I trust this evaluation will show that allowing the 1998 federally authorized dredging template at Clam Pass, 4 feet deep and 40 feet wide, would be in the public interest at this time as an interim or, if needed, emergency measure and that evaluation of the expanded template as requested in the pending application could be considered for action once substantive and procedural steps of the federal regulatory process are met. My comments are based essentially on three major areas of compliance requirements in Corps regulatory decisions: The National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and Title 33, Code of Federal Regulations, parts 320, et. seq. (Corps permit regulations). I am certain you know all of these requirements and I do not presume to tell you how to conduct you review of this application. I include them here simply to frame my comments in the context of the standard federal permit requirements and to assist others not familiar with the federal regulatory process to whom I am sending copies of these comments. 11J -� These three areas of the federal rules, among others, address requirements for evaluation of alternatives and include provisions for public involvement in one form or another. First, it is critical to the identification and evaluation of alternatives and to generate relevant public comment to have a clear statement of need and purpose for the proposal. One of the great difficulties in commenting on this application is the variation in descriptions of the project need and purpose over time. This clarity is critical in commenting because of its relationship to development of reasonable alternatives. The 1981 permit to develop Pelican Bay was based on a project purpose of and well established need for conservation of the resources in Clam Bay and the surrounding mangrove forest. The 1998 permit for the Clam Bay Restoration and Management Plan (CBRMP) provided a specific mechanism to meet both the purpose and need for conservation expressed in the 1981 permit through the CBRMP. It is not clear whether the current proposal is intended to be a continuation of the 1981 and 1998 purpose or some expanded purpose. The April 23, 2010, Corps public notice states the purpose as maintenance dredging, beach re- nourishment, and ecological restoration. That purpose was modified in the May 13, 2011, revised public notice to identify ecological restoration as the "basic" purpose with added periodic maintenance and concurrent beach re- nourishment as "overall" purposes. Also making commenting difficult is the absence of any discussion of the need for the work to go along with the expanded purposes. To clarify this concern, the "purpose" deals with what is to be done, the "need" deals with why it should be done including the need for the physical extent of the proposal. To add to the confusion over the purpose, i.e., the "what," there is no discussion of "why" the purpose has been expanded to include beach re- nourishment and maintenance dredging. Both purpose and need, what and why, are required elements of the decision and critical to any analysis of alternatives to meet the various public interest decision criteria. If the proposal is a continuation of the CBRMP authorized in the 1998 permit to restore degraded mangroves, alternatives to achieve that objective would likely be quite different from alternatives that would have to be considered to include beach re- nourishment and maintenance dredging as additional project purposes. Since no alternatives for any of the expressed purposes have been discussed, it is not possible to make the determinations required by NEPA, CWA, or Corps regulations. Another concern with developing relevant comments is the misstatement of the federal decision criteria in the both the April 2010 and May 2011 public notices. In the last paragraph on page 4 of each public notice the description of decision criteria is a severely limited version of the actual scope of federal decision criteria. The correct version is described on the unnumbered page following page 4, signed by D. W. Kinard. Unfortunately, that "correct' ' version is substantively different from the shortened version on Page 4 such that the Corps cannot have confidence that the public has had an appropriate opportunity to offer the full range of comments that address the actual scope of the decision process rather than the abbreviated version stated on page 4. As backdrop to my examination of the relevant rules, it is my understanding that dredging in the 1990's was more extensive than what was allowed in the 1998 permit for the Clam Bay Restoration and Management Plan. Dredging done in 1999 and 2002 under that plan appears to be 11J -� within the scope of the 1998 permit. However, dredging done in 2007 appears to be much more extensive than the 1999 and 2002 dredging. If one constructs a time line, the following can be observed. When the larger dredging template was used in the 1990's, the mangrove system appeared to be stressed, leading to the need for the 1998 CBRMP. When the smaller dredging template was used beginning in 1998, the mangrove system was observed to recover well. The effects of the larger template dredged in 2007 are still being assessed. By all accounts, the mangrove system appears to be in good health. Whether there is a cause and effect relationship between the dredging template and the health of the system has not been established to the best of my knowledge. This reinforces the fundamental question of what is the appropriate dredging template to approve at this time. This is a critical concept in applying the federal regulations to the decision of whether to issue the permit as requested or take some other appropriate action. The following cites the specific relevant provisions of each of three federal rules and discusses the implications for this permit application. The National Environmental Policy Act. The federal regulations for implementing the National Environmental Policy Act (NEPA) were developed by Environmental Protection Agency. They are binding on federal agencies and include numerous provisions for agencies to consider a range of alternatives in their decision processes. See Sections 1500.2, 1501.2, 1505. 1, and 1507.2 especially subsection (d). The NEPA regulations also include numerous provisions for extensive public involvement. See Sections 1500.1, 1500.2, 1500.4, 1501.4 especially subsection (e)(4), 1503.3, 1505.1, and 1506.6. Summarizing these various sections, all reasonable alternatives must be considered in federal decision making and be made available for public review and comment. None of the documents available to me discuss any alternatives for the current proposal. As noted above, there are at least two clear alternatives that involve different dredging templates, a smaller template as dredged in 1999 and 2002, a larger template as dredged in 2007, and perhaps there are other reasonable templates. But there apparently has been no effort to identify a reasonable range of alternative templates for conservation purposes or any other project purposes. Without the explicit evaluation of both of these two alternatives, and perhaps others, an explicit comparison of their relative effects and an opportunity for the public to comment on the comparisons, compliance with NEPA requirements cannot be achieved. The Clean Water Act. The Clean Water Act, Section 404(b)(1), requires the Environmental Protection Agency to develop a set of guidelines which the Corps is required to use in reaching decisions regarding discharges of dredged or fill material into waters of the United States. These are referred to as the 404(b)(1) Guidelines and are codified at Title 40 Code of Federal Regulations Part 230. They require specific findings by the Corps on a number of factors as described in the following discussion Section 230.10. Restrictions on Discharges. "Although all requirements must be met, the compliance evaluation procedures will vary to reflect the seriousness of the potential for adverse effects...." Comment: Based on this provision, the seriousness of adverse effects must be evaluated. In this case, the analysis would require explicit consideration of the appropriate cross - section, based on an explicit evaluation of reasonable alternative cross - sections. Clam Bay and the mangrove forest it 11J contains are highly valued natural resources. The extent to which adding the purposes of beach re- nourishment and maintenance dredging might change the analysis of potential serious effects is not described in the public notice, and thus cannot be evaluated for comment. Section 230.10(a). "... no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem so long as the alternative does not have other significant adverse environmental consequences." Comment: No alternatives analysis has been provided. As noted above, the smaller cross - section, 4x40, appears to have worked well for conservation purposes, but the effects of the larger 5x80 cross - section are not well established. Given the level of uncertainty about effects of the larger cross - section and what is know about the effects of the smaller cross - section, this provision of the 404(b)(1) Guidelines would appear at this time to point in the direction of selecting the smaller 4x40 cross - section in order to comply with the CWA. Section 230.11 contains a series of factual determinations required to demonstrate compliance with the 404(b)(1) Guidelines. Comment: Because there is a rather significant difference of view as to some of the facts supporting the proposal, it would be helpful in formulating public comments prior to final Corps action on the application to have a copy of the required documentation describing those factual determinations. Section 230.20, et. seq. These provisions describe potential impacts on the physical and chemical characteristics of the aquatic ecosystem that must be considered in finding compliance with the Guidelines. In the spirit and letter of Corps regulations, the CWA, and NEPA regulations, it seems appropriate to document these potential impacts and other 404(b)(1) analyses and provide them for public comment, along with specific references to support the conclusions reached. Section 230.1(c). "...material... should not be discharged into the aquatic ecosystem unless it can be demonstrated that such a discharge will not have an unacceptable adverse impact either individually or in combination with known and/or probable impacts of other activities affecting ecosystems of concern." Comment: This provision contains a rebuttable presumption that there will be adverse impacts unless otherwise demonstrated. Clearly the risk of adverse effects of the proposed 5x80 dredging template on the Clam Bay system have not been demonstrated whereas the effects of the 4x40 template, while not completely conclusive, appear to present a far less risk of adverse effects than does the 5x80 template. 230.1(q). The term "practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes." Comment: The lack of clarity of project purpose discussed earlier adds a great deal of difficulty in evaluating the practicability of potential alternatives and limits the public's ability to develop relevant comments. For example, if the project purpose is for conservation, the need for developing practicable alternatives for beach nourishment would not be part of the decision analysis. Placement of the dredged material to nourish the beach could be done as an incidental convenience when dredging for conservation purposes. However, beach re- nourishment would be part of the considerations of appropriate disposal options to achieve the conservation objective rather than drive the decision as to when and how much to dredge for beach re- nourishment purposes. Conversely, if beach nourishment is a declared project purpose, the need for, type, and amount of beach material would have to be considered as one purpose in a multi - purpose activity. This is not say that that multiple purposes cannot be achieved simultaneously. It is to say that the public 11J -cR interest evaluation process in a multi - purpose project is significantly different from a single purpose project. The interaction of the multi - purpose aspects has not been described in the public notice of the application. Any optimized multi - purpose approach must also be shown to be in compliance with the Clean Water Act requirement for selecting the least environmentally damaging practicable alternative. Corps of Engineers Regulatory Program, Title 33 Code of Federal Regulations 320, et.seq. Section 320.4 (a)(2) The following general criteria will be considered in the evaluation of every application: (i) The relative extent of the public and private need for the proposed structure or work: (ii) Where there are unresolved conflicts as to resource use, the practicability of using reasonable locations and methods to accomplish the objectives of the proposed structure or work; and (iii) The extent and permanence of the beneficial and /or detrimental effects which the proposed structure or work is likely to have on the public and private uses to which the area is suited. Comment: These provisions address the requirement for a comprehensive analysis of unresolved conflicts as to resource use. In this instance there is little doubt that there are clearly unresolved conflicts. These are the same considerations addressed in the discussion of NEPA and the CWA above. The need has not been well described, especially for the maintenance dredging and beach re- nourishment; there remain unresolved conflicts; and the extent and permanence of beneficial and detrimental effects have not been described. Section 325.1(d) requires a description of the location, purpose, and need for the work. Comment: The purpose is not clearly defined as discussed above and the need is not addressed. Section 325, Appendix B, Par. 55. When the EA [Environmental Assessment] confirms that the impact of the applicant's proposal is not significant and there are no "unresolved conflicts concerning alternative uses of available resources" (section 102(2)(E) of NEPA), and the proposed activity is a "water dependent" activity as defined in 40 CFR 230.10(a)(3), the EA need not include a discussion on alternatives. In all other cases where the district engineer determines that there are unresolved conflicts concerning alternative uses of available resources (emphasis added), the EA shall include a discussion of the reasonable alternatives which are to be considered by the ultimate decision - maker. Comment: This is guidance on when the Corps may omit an alternatives analysis in its review of a permit application. It clearly does not apply in this case where the key issue is "unresolved conflict" concerning the alternatives available to meet the purpose of conserving Clam Bay and the mangrove resources involved. This provision of Corps regulations echoes Section 102(2)(E) of the National Environmental Policy Act which states, "study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources." EPA included the same requirement in its NEPA implementation regulations, "When the EA confirms that the impact of the applicant's proposal is not significant and (emphasis added) there are no unresolved conflicts concerning alternative uses of available resources,... the EA need not include a discussion of alternatives. Additional issue. I I i - C-TZ' There is one additional issue regarding a unified approach to managing the Clam Bay and mangrove resources. The 1981 permit placed that responsibility with Collier County which in turn placed the responsibility for conservation of the resources in a single agency. Collier County now proposes to bifurcate responsibility between two agencies. Such bifurcation presents a risk that the optimum plan for meeting the requirements of the 1981 permit might not be met. I recognize it is not the business of the Corps of Engineers to tell a local community how to organize itself to manage its resources, but it seems reasonable to conclude that bifurcated responsibility for the resource could lead the different agencies involved to be working at cross purposes. In my view this circumstance introduces a risk that the provisions of the 1981 permit may not be achieved and the quality of the Clam Bay and mangrove system might be compromised. I ask the Corps to review its public interest and compliance determinations from the 1981 permit to address the national need to conserve the resource, and to condition any permit to ensure that the original conservation purpose is maintained notwithstanding the bifurcated management structure. I look forward to supplemental information consistent with the regulatory requirements discussed above. Sincerely, Morgan R. Rees 5954 Pelican Bay Blvd. #221 Naples, FL 34108 I WIWI Lainie Edwards, Florida Department of Environmental Protection and Linda ElligI,J---C-R US Army Corps of PETITION: SAVE CLAM BAY WETLANDS - KEEP IT NATURAL We, the undersigned, support the County's goal to provide more beach access at Clam Pass Park, but We oppose the current plans that would degrade this serene NATURAL RESOURCE PROTECTION AREA with significant construction in undisturbed mangrove habitat, dredging out the ebb shoal, installing channel markers, or otherwise altering its shallow three bay system. Comments Nothing is more important than saving our special natural places. Clam Pass, its meandering creeks and three bays is one of those special places. The Earth can only function in it's Natural State. Adulteration leads to demise. Dear Commissioners, I am a certified Florida Master Naturalist and an avid kayaker. Please maintain the boating in Clam Bay system at its current level. No deep dredging, please. The president and past - president founder of the Paradise Coast paddlers, a 500 member organization, both support this position. Currently paddlers and boaters with small boats use the system in harmony. The new Collier County kayak program run for young paddlers by Saltwater Sports is a great program and would be compromised by deep dredging and increased large boat traffic. In addition, I am co- president of the Park West neighborhood association. I can report that many of my neighbors in Park West and Park Shore -- Naples* northernmost communities and closest to Clam Bay *support maintaining boating at the current level. Thanks for your consideration Sincerely, Art Ritas Since 1958 there have been no marker signs in Clam Bay. It is the only natural waterway in Collier County left. If marker signs and dredging occur this natural habitat will be comprimised only to benefit the 88 or so homes located in the Seagate comminity. Paae 1 - Sianatures 1 - 12 Name From 1. marcia cravens Naples, FL 2. Karen Kamener North Fort Myers, FL 3. Panagiotis Patras, Greece Rigopoulos 4. Pam Boland Grovetown, GA 5. Daile O'Connor S Hackensack, NJ 6. Bertil Saukkoriipi Kiruna, Sweden 7. Filomena Lomba Melksham - wiltshire, Viana United Kingdom 8. Bill C Kempten, Germany 10. Bonita Holland East Hannibal, IL 11. Art Ritas naples, FL 12. Steve Nagy Naples, FL Comments Nothing is more important than saving our special natural places. Clam Pass, its meandering creeks and three bays is one of those special places. The Earth can only function in it's Natural State. Adulteration leads to demise. Dear Commissioners, I am a certified Florida Master Naturalist and an avid kayaker. Please maintain the boating in Clam Bay system at its current level. No deep dredging, please. The president and past - president founder of the Paradise Coast paddlers, a 500 member organization, both support this position. Currently paddlers and boaters with small boats use the system in harmony. The new Collier County kayak program run for young paddlers by Saltwater Sports is a great program and would be compromised by deep dredging and increased large boat traffic. In addition, I am co- president of the Park West neighborhood association. I can report that many of my neighbors in Park West and Park Shore -- Naples* northernmost communities and closest to Clam Bay *support maintaining boating at the current level. Thanks for your consideration Sincerely, Art Ritas Since 1958 there have been no marker signs in Clam Bay. It is the only natural waterway in Collier County left. If marker signs and dredging occur this natural habitat will be comprimised only to benefit the 88 or so homes located in the Seagate comminity. Paae 1 - Sianatures 1 - 12 18. Name From 13. Marcin Sztwiertnia Ustro* Poland 14. Susan Snyder Naples, FL 15. Jeanette Chupack Cape Coral, FL 16. Chaz Gaily Nelspruit, South Berlusconi Africa 17. Alison clift Chelsea, MA 18. Sam Furman Naples, FL 19. Judith Nugent Naples, FL 20. Judith Nugent Naples, FL 21. Jay Rose Naples, FL 22. Kirk Otto Marco, FL 23 24. 25 26 27 28 29 30. Daniel Fineberg Hollywood, FL Donald McCumber David N Moore daniel soulas Ralph Xx Amy Schumacher Jacqueline Robinson Linda Nelson Lehigh Acres, FL Bridgeport, CT bordeaux, France Freeland, Germany Kettering, OH Powder Springs, GA Comments I I i Florida has already appropriated enough land and waterways for human consumption. Let's leave this natural areal for animals and humans to enjoy together! For more impact, add a personal comment here Without unspoiled places like Clam Pass. I would consider moving away .Many of my friends dislike FL because all they have seen are the over built condos , strip malls etc. etc When I introduce them to the " other " FL , they are amazed . I consider this a Quality of life issue . PLEASE DO NOT INTERFERE with this small, peaceful & beautiful waterway. It is NOT progress ! Don't let a few greedy, arrogant, wealthy boat owners coerce you into doing what a majority of users don't want or need. This is strictly for the uncaring elite. Leave Mother Earth alone, haven't we distroyed enouth already? Dredging the Clam Pass Natural Resource Protection Area benefits a small, select group of people, but will do irreparable, ongoing, and permanent harm to the local ecosystem. Protect this natural resource - do not allow this destruction of shallow water habitat. There are plenty of places to launch power boats, but there is only one Clam Pass. Naples, FL Clam Pass has been a sanctuary to me. Kayaking, swimming, bird watching, fishing. It would be a shame to motorized and disturb this habitat that provides shelter to so much wildlife and peaceful recreation. I support keeping Clam Bay natural - -no big boats. Paae 2 - Sianatures 13 - 30 Paae 3 - Signatures 31 - 50 Name From Comments 31. Sterling Mulbry Boston, MA Leave natural Florida as it is - there's a reason for it . Unfortunately, this usually becomes clear after unalterable change has been wrought by greedy developers. I speak as a 7th generation Floridian who is disgusted by rampant development in our lovely state. 32. Jamie Lee Martinez, CA 33. Caridad Blanco Miami, FL 34. Brenton Mongan Naples, FL Please do not do this to this proistine area! Thanks for inspiring the movement to block this! 35. Ian Soldano naples, FL 36. vincent pantano naples, FL 38. Carey Parks Cape Coral, FL It's a great place. I'd be happy to take anyone who would like to see what we are talking about on a trip thru there. It's magic. 39. Fred Merker Ft Myers, FL 40. Gary Bristow Naples, FL This is one of the only places left in Naples where you can go and have a nice time in a canoe or kayak and fish or whatever, very quiet and peaceful back there. We have plenty of places for larger boats!!!! Even thou this place is still used by many, the waters are very clean and quiet because of no Large Motor boats.. Why destroy this.. There are plenty of home back there and we donAt need more condos.. These people that bought here know what they where getting into when they moved in. EVERYONE knows there is no Large boat access.. If they donAt like it they can move. What wrong with you people. GREED! 41. Kathryn Spitler St. Clair Shores, MI I come down to Florida at least once a year and enjoy Kayaking while I'm down there. I believe there are already enough resources for power boats and not enough for those who quietly enjoy nature with no impact. 42. Peggy Webb Orlando, FL 43. Andy Reschke Naples, FL This is one of the few places left in Naples where our natural resources have been left untouched. 44. Meredith Levin Van Nuys, CA 45. Sarah Manthey Lakewood, OH 46. Kathleen Cole Prague, Czech Republic 47. Becky Visco Wimberley, TX 48. Jonathan Antunez Naples, FL Clam pass is one of my favorite places to fish and canoe. Please leave it the way nature intended. It is an important estuary and backwater. 49. Jim Sanders Naples, FL 50. Christopher Bonita Springs, FL I like hugging mangroves too! Walczak Paae 3 - Signatures 31 - 50 51 52 53 54 55 56 Paae 4 - Sianatures 51 - 56 ■OflViF �, „'e,� Name From Comments Michael Zion Naples, FL Clam pass is fine the way it is. Why must we ruin a nature's gifts by imposing our pointless needs upon it to benifit a few people. Louis G Wienecke Granbury, TX We're looking to relocate to this area. Please don't ruin any more of the natural environment. Sophia Werbowy Addison, IL Sandi Sprenger Naples, FL There is nothing you can do to improve this area, it is as it should be. Why do we ALWAYS have to ruin what we have. You would think that we have enough examples of how we have ruined this town over and over again in the name of progress. I have been here 45 years and we just can't get it right. Leave it alone. Let us have at least one place that is unspoiled, untouched. Is that so hard to do? Most of us who have been here long enough see the damage that continues to be done by those that think they know better. Stop the madness before it is too late once again. Richard Demarse Naples, FL It is extremely important to protect this area. We should all be working together to stop dredging of natural waterways, not destroying them. George Seifried Naples, FL To my government representatives: I am a Collier County property owner and I object to the county's actions to create a navigational passageway within what is generally called Clam Bay. It is understandable that the county might wish to provide access services to property owners and power boaters in the Seagate area. To my knowledge, this area is naturally very shallow, would not support powerboats with more than eighteen inches of draft, and has been this way in excess of twenty years. From my experience canoeing and kayaking within this area, it shocks me that the county would determine that this area is a navigable body of water. Furthermore, it is not beyond my imagination that the county would intend in the future to dredge areas of this beautiful environment. What must you supporters of this plan be thinking? Have you considered what effect your announced plans would have during severe storm events? One reads everyday that the shore, and the various wetland areas adjacent to it like Clam Bay, need to be preserved in their beautiful and natural state. Shouldn't the lessons from the nearby Everglades be considered? Have you all not read the technical reports that the Everglades should never have been "improved" by the COE many years ago? Today, as this Clam Bay issue is discussed, the COE is spending millions of our taxpayer dollars returning much of the Everglades to what it was before the COE "improved it ". (continues on next page) Paae 4 - Sianatures 51 - 56 Paae 5 - Signatures 56 - 77 Name From Comments J 56. George Seifried Naples, FL (continued from previous page) Please do not agree to change Clam Bay or make areas of it a navigable waterway. This jewel needs to be protected by our public representatives, not plundered. George Seifried 57. Jeff Dever Atlanta, GA 58. robert mohl naples, FL As Florida Master Naturalist, it would seem counterintuitive to threaten this pristine mangrove wetland. Please exercise prudent judgement. Thank you. 59. Dick Artley Grangeville, ID 60. Terry McGuan Mokena, IL 61. Roxie McGuan Bonita Springs, FL 62. Ira Rubenstein Naples, FL We can't afford to continue to exploit our few precious remaining natural areas to satisfy short term needs of a small group of people. Sensitive mangrove estuaries deserve preserving for the good of us all. 63. David Isaacson Naples, FL It's a prized natural inlet that dosn't need to be "uglified" for commerical purposes. 64. James O'Neill Naples, FL 65. Alexander Vienna, Austria Destroying natural resources is usually an irreversible Limberg process. Don't let civilisation destroy the last sheltered natural areas! 66. Pearl Brostoff Pittsburgh, PA 67. Dennis Kaplan Mayfield Heights, OH 68. Joseph Taboada Naples FL, FL Why do so few people think they are entitled to ruin so many natural things. They refuse to leave nature alone. 69. John Waller Naples, FL 70. Harry Shafer Van Nuys, CA 71. Kayne Torman Sarasota, FL This is one of the few pristine little bayou's in Naples. If it gets dredged and opened to boat traffic, the natural beauty of it will be gone forever. 72. Carol Chruniak Cape Coral, FL 74. Gene Rossano Nokomis, FL It wpuld seem much more in the counties and all peoples interest to promote this area for what it now is, an ecologically pure, pristine, tourist destination than to set about altering natures desires and creating another ongoing maintenance project to make work and build budgets and government. 75. Debby Bradford Dania Beach, FL 76. Marjorie Prolman Naples, FL 77. Miriam Knight Punta Gorda, FL The purity of FL's coastlines are diminishing everywhere,due to housing. Please keep this "natural resource protection area" PROTECTED! Paae 5 - Signatures 56 - 77 Name From Comments 78. Susan Farber Naples, FL There are more small, non- motorized boaters that use Clam Pass than potential large motorized boaters, AND we pay the same taxes and have as much money to boot! We just choose to have a smaller boat) How do you justify satisfying the minority, in this case? IE, What are the benefits to opening up Clam Pass? 79. sara gray Naples, FL 80. Inga Rusthoi Cape Town, South Africa 81. Jody Guy Bonita Springs, FL 82. James Piacentini Naples, FL Please vote no, Do not Dredge Clam Pass, and thanks for caring ! 83. Gayle Nathan Ft Myers, FL PLEASE do not dredge Clam Pass. It is a natural jewel as it is. Large power boats will drive wildlife away, and those that fish, canoe and kayak will lose one of the few natural, quiet spots left. Thank you for your consideration. 84. Daniel Medina homestead, FL I visit the area a few times a year where i take my family to wade and fish. There are very few natural preserved areas these days and to eliminate another to appease a few would be unjust. The owners knew that there was no deep water access when they purchased their home and should be more responsible and thoughtful prior to home purchase if they had plans to have large boats. the monetary value aspect is very appealing and in truth I would guess that if the plan does go through and the home values go up, 1/2 the residents will sell for a hefty profit.... I say NO to dredging. 86. Debra Holoquist Cape Coral, FL Let's not pave Paradise and miss it when it's gone! 87. THOMAS LONG NAPLES, FL Clam Pass is beautiful just as it is. No dredging or additional access to larger boats is going to improve Clam Pass in any way, whatsoever. Please do the sensible, correct thing, and make sure that Clam Pass is preserved as it is, now. Thomas Long 88. John Saco Ft.Myers, FL 89. Carlyn Lehbs naples, FL 90. Buck Blessing Naples, FL Power boats would ruin the natural beauty of Clam Pass 91. Lynette Foster Stuart, FL Look, this Earth is the only one that we have. 92. Aaron Kozol Naples, FL 93. Nancy Lien LAKE CITY, MN 94. Ralph Walton Naples, FL This is a terrible idea. Ruin a quiet waterway to please a few wealthy investors. 95. Bill Conn caper coral, FL Paae 6 - Sianatures 78 - 95 Name From Comments Maribel Figueroa Eastlake, OH Hope to visit this area with my kayaking friend when I go to FL. Marci Seamples Michael Devlin 99. nancy lanning 100. Gale Weaner 101. PATRICIA Dee -Kelly 102. Sunni Gothard 103. Michael Kropp Naples, FL NAPLES, FL Clam Bay /Pass is the only close in shallow water area in Naples. The wildlife is fantastic. When the tides are right & you can paddle in the MANGROVE TUNNELS- IT IS LIKE STEPPING BACK IN TIME. The area where the markers & dredging is to take place is absolutely fantastic for the recreational paddlers young & old. I see kids playing with their new kayaks as well as our more mature newcomers to the sport. On holidays Clam Bay is the only truly safe paddling area in Collier County. The power boats can't swamp you there! Also the fishing is unbelievable. You can paddle in the bay & cast towards the mangroves or paddle out approximately 200 to 300 yards in front of the pass opening & fish all around the reef. At the beginning of the pass small 3' to 4' sharks just lay in wait for something to swim into their mouths. I personally have followed manatees through the bay & back out into the Gulf -being ever so careful not to disturb their route. That day me in my skin on frame kayak & the manatees were the tourist attraction for the day. This is where I bring my friends from other states & parts of Florida to kayak & go to the beach. I am not nor have ever been a radical I believe that we need extremist from both sides to find a middle. I have suggestions but feel that everyone has dug in for a showdown & my thoughts would fall upon deaf ears. Dredging Clam Bay (at this point )would only benefit a few homes. I have heard some very funny reasons for & against dredging. At this point I must vote on the side of preservation Thank You, Mike Devlin This is just a sad Carlsbad, CA Duncanville, TX sanibel island florida, Please listen to your people and realize that this will NOT FL be a good thing for the enviornment and our planet. Painesville, OH Franklin, WI My mailing address may be in Wisconsin but my hart and sole is in my kayak in Florida. I have been nearly run over by powerboaters in dozens of places and I keep kayaking. This does not have to be added to the list of places to be run over by a powerboater. I spend 180 days a year in Florida and most opf them kayaking and fishing somewhere. I am also a powerboater but beleive powerboaters don't need to be able to travel everywhere (continues on next page) Paae 7 - Signatures 96 - 103 Name 128. steve Kingery 129 130 131 132 133. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145 146. 147. 148. 149. Kristin Kokal Allan Moltmaker gait dair Renate Nebel Bernard Loren Wieland Anthony Montapert Carlos Schomaker L Waldron David Meiser John Sestak Razvan V. Vincent Lucas John Van Dellen Carl Rosenstock Octavian Paul Draja Steve Dale Ann Smith Cathy Schluessler Jeffrey Shindle Julie Lappetito 150. Peter Ansell From Crystal River, FL Fort Myers, FL Harrison Township, MI Perth, Australia Naples, FL Ft. Myers, FL N Hollywood, CA Fort Myers, FL Gainesville, FL Pipersville, PA Mokena, IL Brasov, Romania Naples, FL Naples, FL Baraboo, WI Arad, Romania Frankston,victoria, Australia Naples, FL Fort Myers, FL naples, FL Naples, FL Marco Island, FL Comments encourage low impact uses of our natural resources and save our tax dollars As a family that loves Florida and seeks to protect natural settings in preserving paradise now and for future generations, please save Clam Bay wetlands and stop the insanity of pandering to power boating that is detrimental to this protected area. If we loose the preservation of Clam Pass Natural Resource Protection Area, we loose much more than we can ever realize. Enough is enough... having had the experience of growing up in Naples and watching the development over the years I am shocked at this needless proposal. Personally I use Clam Pass weekly kayaking and would be heart broken to see this come to fruition. Let's stop and enjoy what we're in Naples for, the nature, the beauty—please reconsider I just moved to Marco Island and enjoy kayaking all over Southwest Florida. We need to save as much natural area as we can. The power boats have plenty of places to go. Paae 9 - Signatures 128 - 150 161. Justin Woodson Austin, TX 162. Frances Davis Louisville, KY 163. Christopher Name From 151. juliet araujo naples, FL 152. Elaine Robinson Wolverhampton, Naples, FL 166. Brack Barker United Kingdom 153. Roxann Hanson Hudson, WI 154. Ellen Peterson Estero, FL 155. joanne laibinis Naples, FL 156. Scott Kobler Naples, FL 157. constance ehrbar naples, FL 158. Stephen B Ellis Naples, FL 159. peter mendelson naples, FL 160. Louisa Woodson Austin, TX 161. Justin Woodson Austin, TX 162. Frances Davis Louisville, KY 163. Christopher Naples, FL Risewick 168. 164. Frances Petty Naples, FL Sargent Morris Hindman 165. Timothy Scanlon Naples, FL 166. Brack Barker Williston, FL 167. Daniel Martin Naples, FL 168. eugenie cardenas naples, FL 169. Morris Hindman Naples, FL 170. Thomas Pirovano Bern, Switzerland 171. Sylwia Podgorska Skocz6w, Poland 172. Ron Martin Collingwood, Canada Comments 1 I J-1- cp, SAVE PROTECT WETLANDS it would not be advisable to let big boats roam these waters- what are people thingking ?? the damage that will be done will take years to repair. this is a very bad idea - to let boaters roam this area - small and very sensitive - what is everyone thinking - the damage will take years to repair. let commom sense prevail - why destroy this sensitive area - allowing powerboats in -- it will take years to undo the damage that will be done in a year. I have been coming to Naples my entire life, and I hate the idea of Clam Bay being anything other than its natural, beautiful self. Please keep this special part of Naples alive. Your comments inform Local, State and Federal agencies that Clam Pass and its three shallow Clam Bays is a Natural Resource Protection Area that is valued by you as a thriving wildlife habitat for passive recreation only. Have you asked the County Commissioners and Naples Council to stop supporting this terrible project yet? What are you waiting for? Paae 10 - Sianatures 151 - 172 Comments 11�f -cam I have kayaked in these beautiful wetlands and would not like to .see them ruined by dredging. I appreciate this opportunity to voice my concern. R. Martin Clam Bay is a treasure we need to keep alive. Thanks Marcia Hawken http:/ /www.pelicanbayluxuryreport.com Let's keep it natural! Please Don't Ruin Pelican Bay! Ginny Lee I FIRMLY BELIEVE CLAM BAY PASS SHOULD REMAIN AS A NATURE AREA AND NOT BE USE FOR POWER BOATING .THAT WOULD BE ENVIRONMENTALLY DESTRUCTIVE AND DANGEROUS TO SWMMERS AND OTHER RECREATONAL ACTIVITY.THIS IS ONE OF THE LAST NATURAL AREAS REMINDING US OF THE ORGIONAL NAPLES ENVIRONMENT. Please do not let the desires of a few outweigh the benefits for the many. As you know, if you enjoy the beach, that the effect of powerboats on the tranquility are multiple. They are a danger to the wildlife, to the environment and to the people who enjoy the beach. Why is this even an issue if we care for Florida's coast? Much of Florida's natural beauty has been overwhelmed by "progress ".We urge you to maintain clam pass as a haven for kayaks, canoes, birds, wildlife and the Naples citizens who want to enjoy a bit of untouched Florida, and keep it free of motor boat traffic. After all motor boats, and other large pleasure boats have all the rest of the gulf for themselves! Wildlife is losing out all over Florida. Please preserve this area, they need every little bit of help they can get. I support keeping the Clam Pass Preserve Waters FREE from any more power boats. Installation of powerboat markers in the Clam Pass Preserve waters misrepresents it to be more navigable for powerboats than it is. It is and (continues on next page) Paae 11 - Sionatures 173 - 189 Name From 173. Ronald J. Collingwood, Canada MARTIN 174. Dinda Evans San Diego, CA 175. Alvin Long Redmond, WA 176. Marcia Hawken Naples, FL 177. Ginny Lee Naples, FL 178. Dianne Rhodes Naples, FL 179. harry woehr naples, FL 180. Fred Eckler Naples, FL 181. Sharon Boots, Naples, FL ND, PhD 182. Barbara M Rohrer Naples, FL 184. harriet Schley Naples, FL 185. Ruth Parks Cape Coral, FL 186. John Snyder Naples, FL 188. Cheryl Latif Naples, FL 189. Marlene Gargan Naples, FL Comments 11�f -cam I have kayaked in these beautiful wetlands and would not like to .see them ruined by dredging. I appreciate this opportunity to voice my concern. R. Martin Clam Bay is a treasure we need to keep alive. Thanks Marcia Hawken http:/ /www.pelicanbayluxuryreport.com Let's keep it natural! Please Don't Ruin Pelican Bay! Ginny Lee I FIRMLY BELIEVE CLAM BAY PASS SHOULD REMAIN AS A NATURE AREA AND NOT BE USE FOR POWER BOATING .THAT WOULD BE ENVIRONMENTALLY DESTRUCTIVE AND DANGEROUS TO SWMMERS AND OTHER RECREATONAL ACTIVITY.THIS IS ONE OF THE LAST NATURAL AREAS REMINDING US OF THE ORGIONAL NAPLES ENVIRONMENT. Please do not let the desires of a few outweigh the benefits for the many. As you know, if you enjoy the beach, that the effect of powerboats on the tranquility are multiple. They are a danger to the wildlife, to the environment and to the people who enjoy the beach. Why is this even an issue if we care for Florida's coast? Much of Florida's natural beauty has been overwhelmed by "progress ".We urge you to maintain clam pass as a haven for kayaks, canoes, birds, wildlife and the Naples citizens who want to enjoy a bit of untouched Florida, and keep it free of motor boat traffic. After all motor boats, and other large pleasure boats have all the rest of the gulf for themselves! Wildlife is losing out all over Florida. Please preserve this area, they need every little bit of help they can get. I support keeping the Clam Pass Preserve Waters FREE from any more power boats. Installation of powerboat markers in the Clam Pass Preserve waters misrepresents it to be more navigable for powerboats than it is. It is and (continues on next page) Paae 11 - Sionatures 173 - 189 Paae 12 - Signatures 189 - 209 Name From Comments C 189. Marlene Gargan Naples, FL (continued from previous page) should stay a passive recreational area, a great & safer place to kayak or canoe and see all the marine, bird and other wildlife. KEEP IT NATURAL!!!! 190. genn brown Bellevue, NE 191. Caroline Naples, FL Coykendall 192. Love Animals Too Warwick, NY 193. Helle Collin Broenshoej, Denmark 194. Michael Seef Naples, FL Dear Commissioner, let's keep Clam Bay and Clam Pass Park natural. This is one of the few remaining natural areas in the urban area with mangroves, birds and fish in a mostly natural state. Do not permit signs and no motor boats. Thanks for your attention. Michael 195. Jim Marino Fort Myers, FL 196. Vanessa Otero Chino, CA 197. Dominick Tascher Naples, FL 198. leann anderson naples, FL 199. Kathleen Bradley Ocala, FL 200. carrie silva naples, FL 201. Jackie Belcher Naples, FL 202. Jackie Sweet Naples, FL Protect Clam Pass and its wetlands. That is your JOB!!!! Please do it! 203. Debra Wine Naples, FL Preserve our natural resources and our much sought after environmental assets to keep Naples a tourist destination! You are entrusted to maintain the natural elements that combine to present Naples as a great place in which to to live, work and visit! 204. Scott Whitcomb Naples, FL 205. Maribeth Guididas Naples, FL 206. Julie Steuber Naples, FL 207. Margaret D'Auria Tappan, NY This is one of our favorite parks to visit when we are in town because of its natural beauty. Please don't disturb the area just to increase beach access. It would be a great loss to your community. 208. Mirty Branco Naples, FL 'We all have ability. The difference is how we use it." Stevie Wonder 209. Charlie naples, FL Vickaryous Paae 12 - Signatures 189 - 209 Paae 13 - Sianatures 210 - 229 Y2 Name From Comments 210. Brian Doyle naples, FL Dear county commisioners, Keep it Natural, posterity and preservation will show history that we had cared for our community/ 211. Rebecca Taylor Naples, FL Please let the estuary remain as pristine as it is. 212. Mathew Silva Naples, FL 213. Mary McCaughtry Naples, FL 214. Suzi Thomas Naples, FL 215. Nancy Lewis Fort Myers, FL 216. Susan Haberkorn Naples, FL Please allow nature it's own space and the people who visit there the opportunity to see an unspoiled habitat. 217. susan myhelic naples, FL 218. Carol Bailey Naples, FL Please save Clam Pass.... Pelican Bay resident and Naples Realtor Thank you, Carol Bailey 219. Joanne Hartman Naples, FL 220. Marcie Naples, FL I have been taking my son to Clams pass for 10 years and LaRochelle I really wouldn't want to have anything change. It is so beautiful, please keep it that way. 221. Janet Hoffman Naples, FL 222. Frank Gerry Dona Vista, FL The planned constructions (destructions) would be dangerous to the ecosystem. 223. Lisa Anderson naples, FL I have lived in Naples for 23 years and I walk the beach to Clam's Pass almost every day. Over the years I have watched the sea life change ... I have not seen a leopard ray in over 3 years, there are less fighting conchs, smaller star fish populations, no more large schools of cow nose rays, the bird population is dwindling and I could go on. I'm not a scientist, but I observe nature and what I see saddens me deeply. Why on earth would you consider upsetting the balance of one of the last pristine areas in southwest Fl. Please Preserve Clam Pass and Every Creature that depends upon that delecate ECO system. 224. Marshall DeMott Naples, FL I support keeping Clam Pass and Inner Clam Bay a natural area, closed to all motorized navigation. I support access by foot, by canoe and kayak and by any unmotorized craft. No navigational markers should be placed anywhere in the Pass. The Pass and Inner Clam Bay should be designated as a natural area, protecting the habitat's flora and fauna and fish ecosystems. 225. Paul Wolter Naples, FL 226. Jennifer Wolter Naples, FL 227. Nina van Dam Naples, FL 228. Jeff Goodchild naples, FL 229. Claudia Osborn Naples, FL Paae 13 - Sianatures 210 - 229 Name 230. Marianne Varney 231 232 233 234. 235. 236. 237 238 239 240 241 242 243 245 246 247 248 249 251 Joan Klipping Mary & John Quinn ESTELLE RAUCH ellen tomasiewicz Peggy Acosta Ingrid Andersson ursula gibbons Richard Hollister Sini Keto chip spitzer Les Gorsuch Nadja Geyern william perez From Comments 11 J ' c( Z'-, Naples, FL I endorse this petition and its intention of keeping the Pass and Inner Clam Bay clean and peaceful for canoes, kayaks, and wildlife watchers. As the last pristine spot in Collier County, I see no justification for providing access to large boats which would deny others the refuge of this gorgeous spot. Miami Beach, FL Naples, FL Yes Naples, FL We (my husband Sam too) are horrified at the proposal to dredge for the purpose of power boating in such a pristine setting! I will forward a note to the County Commissioners ASAP naples, FL Womelsdorf, PA Johanneshov, Sweden naples, FL Tucson, AZ Forssa, Finland naples, FL Cape Coral, FL Naples, FL naples, FL Richard Kostyra Naples, FL dana porcelli -blair Lars Young Gabriel Kamener Sarah Galer Henriette Matthijssen naples, FL Naples, FL North Fort Myers, FL Fort Myers, FL Boyle„ Canada If we continue to abuse our piece of the planet there will come a time when the damage becomes permanent. The quality of our ecosystem in Lee and Collier counties is what attracts so many visitors to this area. Do the right thing now for our grandchildren. History will always show what you did! Would be a tragedy to destoy our prestine environment at the Pass and Inner Clam Bay. When we development stop? We have too few natural mangrove habitat that can be enjoyed by us. Let us not destroy more for unnecessary purposes. There are an abundance of beach accesses now. This proposal also places undue pressure on the traffic system in the area. Stop this project. The need does not exist and our county funds are limited. Pace 14 - Sianatures 230 - 251 Comments We need to protect our coasts and coastal wetlands!! Paae 15 - Sianatures 252 - 279 Name From 252. Vegan Dillon Inverclyde, United Kingdom 253. Ivonne Engler Magdeburg, Germany 254. James Mulcare Clarkston, WA 255. Jennifer Gardner Melbourne, FL 256. Don Snyder Naples, FL 257. Bettina Lorenz Rhede, Germany 258. Diane Almy Miami, FL 259. Jeaneen Andretta Florham Park, NJ 260. George Martin Loule, Portugal 261. Cathala Corine Pierrelatte, France 262. Lena Rehberger Grebenhain, Germany 263. Lidia Dzuba Sochi, Russian Federation 264. Christopher Clarkesville, GA Webb, DVM 265. He Huang Burnaby, Canada 266. Tess Van Niekerk Cresta, South Africa 267. Herve Berard Orsay, France 268. Annie PEYSSON Pusignan, France 269. Didy Poulin Thetford Mines, Canada 270. Marie - Claude Saint - amand- les -eaux, Lefebvre France 271. Nancy Petitjean Liege, Belgium 272. Elzbieta Lodz, Poland Gotkowska 273. Marie -Rose Marseille, France HECKMANN 274. lag joelle Bron, France 275. Marion Gondre Rouen, France 276. meyer meyer Villeneuve Tolosane, France 277. ALEXANDRE Ger, France LAURE 278. Regine Foucher Le Kremlin Bicetre, France 279. Bamboo Ab Digoin, France Comments We need to protect our coasts and coastal wetlands!! Paae 15 - Sianatures 252 - 279 Name 280. Carine Ostyn 281. edwige. derer 282. Nina Ceccarelli 283. No mails Ch Buslot 284. Philippe Tomballe 285. deplante sandrine 286. POIGNON Aurelie 287. joelle questel 288. Adriana Stancheva 289. Canova Josy 290. catherine savoye 291. gionta natalie 292. Stephane Rouer 293. VIVIANE tits 294. Briguet Mirsada 295. jenna colin 296. angelique 300. RANDAVEL 297. Grelet Nathalie 298. ROUX josette 299. Barbara Mindermann 300. Elodie Mara[ 301. isabel Barros 302. augen josette 303. Blond Gabrielle 304. Doniscia VEYSSIERE 305. pley nicole 306. suppin nathalie From Saint - nicolas, Belgium Melle, France Lyon, France Hasselt, Belgium Engis, Belgium Le Versoud, France Nancy, France Ste -anne, Guadeloupe Sofia, Bulgaria Sion, Switzerland Lorrez Le Bocage, France Aix En Provence, France Bours, France Angleur Belgique, Belgium Geneva, Switzerland Nice, France Saint - ybars, France Beaufort- en- vallee, France Marseille, France Marseille, France Marseille, France San Fernando, Argentina Amneville, France Douchy Les Mines, France Labourse, France Brevonnes, France St Maime, France Comments Paae 16 - Sianatures 280 - 306 i 1J-cR Comments Paae 17 - Sianatures 307 - 335 11J -Cry. Name From 307. christian demottes Nice, France 308. elodie genga lure, France 309. Daniele Tranchant Castelsarrasin, France 310. Adeline Pezens, France Boncompain 311. flament evelyne Renescure, France 312. Anne Gruaz La Chaux De Fonds, Switzerland 313. emilie allion Paris, France 314. muriel douttez Ozoir La Ferriere, France 315. neima NEIMA Paris, France 316. michel jocelyne Kapelle Op Den Bos, Belgium 317. Fanny Sardaigne Ervauville, France 318. Vaillant anne Esapalis, France 319. cynthia branche Le Luart, France 320. Alain Maraillat Limoges, France 321. monneau estel Cahors, France 322. spano claudia Herstal, Belgium 323. hostillus severine Pessac, France 324. REBELLE et Paris, France DALILE 325. Viviane Praet Erpe -mere, Belgium 326. Yolande Ensisheim, France Rauscher 327. schalck sabrina Champagney, France 328. rene davis Wellington, New Zealand 329. BUISSON Sylvie Montredon Labessonnie, France 330. Monique Gabetty Joinville Le Pont, France 331. Jean Poignet Yerres, France 332. Natacha PENET Unieux, France 333. Joel LUNEL Tarascon, France 334. cuvellier marie Pau, France 335. SEGURET Beaulieu, France ISABELLE Comments Paae 17 - Sianatures 307 - 335 11J -Cry. Comments We must act! Paae 18 - Signatures 336 - 362 11,1 crZ Name From 336. jean vaunier Paris, France 337. depre elisabeth Villers Sur Mer, France 338. marie- th6r6se Paris, France bienvenu 339. Anne - Sophie Marseille, France MORISOT 340. Carole Paris, France BELLEUDY 341. Emilie Ferron Vanves, France 342. Shyheim Li6vin, France NEMICHE 343. St6phanie Marseille, France MORISOT 344. Clare Edwards Plant City, FL 345. Cachera- Nouvel Rognac, France Aur6lie 346. Fabienne Ssw, Belgium Lagneaux 347. amandine herrero Au Fond Du Trou, France 348. Raluca Keskin Bucharest, Romania 349. brigitte vitureau St Maur Des Fosses, France 350. Kristian Beitlich Ld Adenscheid, Germany 351. jean -Luc Marseille, France PALAZOTTO 352. Manuela Haug Leinzell, Germany 353. Gillian King Sartrouville, France 354. odette chauve Morangles, France 355. VIER EVA Paris, France 356. Karen Vasily Norristown, PA 357. lamirand mo Paris, France 358. Iwona Krzeminska Sosnowiec, Poland 359. vives justine La Trinite, France 360. Peter Kralovic Bratislava, Slovakia 361. Odile Marseille, France HECKMANN 362. Janet Chase Bend, OR Comments We must act! Paae 18 - Signatures 336 - 362 11,1 crZ 363. 364. 365. 366. 367 368. 369. 370. 371. Name Lucinda Swingley Nina Soares Alan Francisco Kevin Burke Margaret macdougal Jennifer Scheder Carrie Gleason Maria Bodor Ted Raia From Naples, FL Wethersfield, CT San Diego, CA Naples, FL Naples, FL Naples, FL Arizona City, AZ Chicago, IL Naples, FL 372. Sharon Davis Jacksonville, NC Debbie Johnson Canty Kathleen 373. Val Rose Pueblo, CO 374. SANDRA ROCHA Oporto, Portugal 375. THEODORE Piraeus, Greece SPACHIDAKIS 376. David Machado Pagos De Ferreira, 377. Ana Fuentes 378. brenda collins 379. Ellen Gutfleisch 380. Debbie Johnson 381. Kathleen 386. Basiewicz 382. Victoria Molinari 383. Gudrun Dennis 384. George Theobald 385. Jennifer Newrick 386. Karina Paller 387. Carsten Meyer 388. elisabeth karcher 389. Lucia Vertkin Portugal Montevideo, Uruguay London, United Kingdom Sussex, WI Newark, CA Dana, NC Comments I I _ �� As a registered Collier County FL voter, I urge all elected officials to keep Clam Pass a Natural Resource Protection Area for passive recreation only. Kevin B. Burke Please leave this area as it is for future generations Clam Bay is a natural treasure that must be saved. As of leaders of our community please do the right thing to protect this resource. Poulsbo, WA "The greatness of a nation and it's moral progress can be judged by the way it's animals are treated." - Mahatma Gandhi Gainesville, FL Cooktown, Australia Kaiserslautern, Germany Ljubljana, Slovenia Hannover, Germany Marseille, France Sharon, MA Paae 19 - Sianatures 363 - 389 Name From 390. Caitlin Claytor Alturas, CA 391. Allain Hale North Port, FL 392. Krista Hunsiker Abington, PA 393. Allain Hunsiker Elkins Park, PA 394. Ronald Jarvis Naples, FL 395. tina tine' Knoxville, TN 397. norma laborie Saint Ouen, France Comments This is spawning gound for juvenile fish. Dredging and increased boat traffic will destroy it. This has happened again and again on every dredging project that has been done. Why don't you ask the President's of each Condo Association to place an e-mail with your petition addressed to each resident of each condo assn asap and ask for their signature to stop spending money unnecessarily and protect the natural environment we live in. Seems like all the politicians at the County level as well as the PBFoundation level are using irresponsible judgement as well as a biased Strategic Planning Committee that is not dooing a good job. Paae 20 - Sianatures 390 - 397 iZ� I'M I S 1J -crz TIDAL RANGE (FFET) O 0 0 Z G) m Cf) 1 O N N (D 1 . 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Cannon, Chairman East Naples Fire Control and Rescue District RE: Turbo Services Planning tracking number- SDPA—PL20110001144 Building Permit number-PRBD2012020235301 Building Application number-PRBD20120202353 Mr. Cannon, We have assembled a time line(tab 1) and attached copies of all review comments and written correspondence to date, associated with this project. Additionally, I have attached newspaper articles associated with this project which provide some additional information, I do recognize that the news media doesn't always get the facts right but I would expect the Executive Director Collier County Airport Authority, with his background(contained in the article),to be accurate in the details of this venture. The articles (tab 2)begin on February 22, 2011-This article indicates an interest to build an engine testing facility at the Immokalee Regional Airport—NO mention of Aircraft Engines, states turbine engines. The next article is dated March 30, 2011 and is a"guest commentary"by Chris Currey Executive Director Collier County Airport Authority. This article indicates that a "lease was signed with Turbo Services to construct a jet testing facility". The last article attached was published by"Business Development"on April 7, 2011 and was a reprint of a March 23, 2011 article. This article states the "construction of a new test facility for turbo gas generators overhauled from former aircraft engines" [emphasis added]. Please note that we have not been included in the process yet. Our first inclusion into the process was a Pre-Application(PL—2011-1144 (SDP))meeting on July 5th, 2011 (tab 3). This meeting is to try to identify issues of concern or to identify obvious deficiencies in the documents presented. In most pre-app meetings, including this one, we receive very limited information since the applicant is early in the project and is trying to find out what types of things will be required through the process. Most of the information provided is a verbal description accompanied by a very preliminary site plan and NO construction documents. You will note that at that meeting the applicant was provided a list of items that needed to be to be addressed to gain site plan approval. These were the same items that they were rejected for when the later officially submitted for Site Plan approval. OFFICE(239)687-5650-FAX(239)687-5651 OFFICE OF THE FIRE CODE OFFICIAL s $' Collier County Fire Control & Rescue Districts '700 North Horseshoe Drive Naples, Florida 34104 ��q�1S10�oVV. Our next inclusion in the process was SDPA-PL2011-1144 Review 1 on 1/31/2012, a full six months later. The official letter to the applicant from the County was dated 2/7/2012 (tab 4). As stated above the rejection comments listed here were previously noted in the 7/5/2011 pre-app meeting. The Building permit was reviewed by FCO on 2/28/2012 (tab 5). This was our first review of completed building construction documents. Several items requested in this review had been identified as items of concern, request for additional information or needed clarification in our 7/5/2011 Pre-App review. This information was needed to determine the code requirements for this structure and operation. Two e-mails occurred between Ricco and the applicant on 03/01/12 (tab 6)where the applicant attempts to provide responses to the rejected plan reviews directly to Ricco, instead of through the Building Department as is required. On the morning of 03/08/12, the review for the SDPA re-submittal was performed by Ricco and rejected again for several items such as no flow test, inadequate fire apparatus turn-around and the extinguishing system requirement for the high hazard test cell. Later that afternoon, I spoke with Evy (building Dept)on 3/8/2012 regarding this project and James French's (County) desire that I look into this project. I informed Evy that I was aware of the project as Ricco had informed me of the issues. I noted that I would do what I could to resolve the issues,while maintaining code compliance and offered to meet with the applicant. Evy informed me that a meeting would probably be helpful but would not occur until the next week at the earliest and that he would get back to me. A meeting was eventually scheduled for 3/19/2012; however I received a phone call from James French at around 4:30 pm on Friday 3/9/2012 advising me that the applicant was not happy that we did not yet respond to his two e- mails sent on 3/8/2012 (tab7) (both Ricco and I were off on Friday). I advised Mr. French that I would contact the applicant on Monday 3/12/2012. On Saturday 3/10/2012 I came into the office to do some additional research on this type of facility. After conducting my research I identified additional resources that I needed to contact,National Fire Protection Association(NFPA),Pratt & Whitney(the engine manufacturer)and Miami International Airport=:(contains a test facility formerly used by the applicant). I also contacted Chief Greenberg to discuss the project and to get her input. She advised that she had little knowledge of this operation or like operations and that we should caution on the strict side until I finished my research and we could talk again. I spoke with NFPA,who advised me that it appeared that this facility would fall under the purview of NFPA 423 if that standard was locally adopted. The standard was adopted locally UNTIL the application of the NEW Florida Prevention Code on December 31, 2011; as such we could only use the standard as a guide. I was not able to speak with anyone from Miami International Airport with technical knowledge of the test facility located there; nor did I receive a response from Pratt& Whitney. OFFICE(239)687-5650-FAX(239)687-5651 to OFFICE OF THE FIRE CODE OFFICIAL �' � � ��' � � Collier County Fire Control & Rescue Districts a 700 North Horseshoe Drive Naples, Florida 34104 \9F b°J has 44s1_39- .�o� Although the architect did not indicate compliance with NFPA 423 on the drawing,my review led me to believe that it met most of the standard. Noting that I could not enforce the standard, I contacted the applicant on Monday 3/12/2012 to get his version of the use of the facility(this aspect has evolved over the course of the process). After speaking with the applicant I advised him that I had attempted to contact a couple resources and, if possible, I would get back to him that afternoon. Unfortunately I was not able to speak with anyone from Miami International Airport with technical knowledge of the test facility located there;nor did I receive a response from Pratt& Whitney by the end of the day and called the applicant and left him a message to let him know that I needed another day,he responded by e-mail acknowledging my message (tab 8). On 03/12/12, the second set of submittals for the Building Department permit came in and Ricco began to review, but held off on posting any additional comments until I was able to work through some of the resources I attempted to contact. On the morning of Tuesday 3/13/12 I still had not gotten any additional information so I contacted the applicant and advised him that I had made a decision and outlined the requirements for both the site development plan and the building permit. In the afternoon of 03/13/12, Ricco then posted the rejection comments of the second set of submittals for the Building Department permit re-review in the County's CityView permit tracking system and modified the comments for the SDPA re-review as well to be consistent with the requirements I outlined in my earlier conversation with Michael Parker (Turbo Services). I then asked Ricco to send the second set of rejection comments for both the Building Permit and the SDPA permit(tab 9) directly to Michael Parker so he wouldn't have to wait for the official letter to be generated by the Building Department and the Planning Department. Mr. Parker seemed happy and in fact related to the County in an email he sent at 10:02 p.m. on 03/13/12 that"I had a good talk with fire officials and we seem to have reached an understanding for moving forward"(tab 10). I advised Chief Greenberg of the resolution and she also indicated that it was a reasonable solution. On 3/14/2012 the applicant contacted Ricco requesting guidance on the re-submittal process, Ricco responded (tab 11)providing process guidance as well as contact names and numbers of building department personnel tasked coordinating these processes. Although the third round of corrections and revisions have not been resubmitted and reviewed, I believe all will be resolved soon. Although statements made by commissioners at during the 3/13/2012 County Commission Meeting seemed to indicate that ONLY Fire had issues with this project, it is interesting to note that we are not the only one that is "holding up"these plans. The Building Permit second submittal was also rejected by Plumbing and Handicap Reviewer, Jim Warfield on 03/12/11. Additionally, recall the original SDPA review was rejected by multiple review disciplines (i.e. Engineering Stormwater, Engineering Utilities, Transportation Pathways, Zoning,Landscaping, and Architectural reviewers). Currently there are still three reviewers in"pending status" for the OFFICE(239)687-5650—FAX(239)687-5651 OFFICE OF THE FIRE CODE OFFI C IAL Collier County Fire Control & Rescue Disrics 700 North Horseshoe Drive Naples, Florida 34104 i m F✓ �� `off= OisK i G�V� . 9 �1151�F�' SDPA second submittal which is Engineering Stormwater, Engineering Utilities and Transportation pathways. The other reviewers have approve bmittal or not know I don't round know if we will be the only one to reject the SDPA second su Respectfully sub ' ed, Ed Riley, FPS Fire Code Offici 1 OFFICE (239) 687 -5650 - FAX (239) 687 -5651 lc� y . . July 5, 2011 l Pre- Application Meeting (SEE ATTACHED MEETING NOTES) SDPA - Site Development Plan Amendment PL2011 -1144, Turbo Services SDPA - Site Development Plan Amendment PI-2011 -1144, Turbo Services, Review 1 Date in: 01/31/12 Date out: 02/01/12 In Fire Code Office one business day. Rejected Building Permit PRBD20120202353, Turbo Services Original Review Date in: 02/13/12 Date out: 02/28/12 In Fire Code Office ten business days. Rejected 03/01/12, 8:24 a.m. Michael Parker (Turbo Services) sends email response directly to me for one of the SDPA original review rejection comments. 03/01/12, 8:40 a.m. Michael Parker (Turbo Services) sends a second email directly to me with some additional information in response to one of the SDPA original review rejection comments. 03/01/12, 6:01 p.m. Ricco sends response to Mr. Parker's first email thanking him for his responses, but that the responses to the rejection comments must be submitted with the Correction re- submittals as this is the process that must be followed and as we no longer had the plans in our office. 03/01/12, 6:02 p.m. Ricco sends response to Mr. Parker's second email thanking him again for his responses, and to see the explanation provided in my first email. SDPA - Site Development Plan Amendment PI -2011 -1144, Turbo Services, Review 2 Date in: 03/08/12 Date out: 03/08/12 In, reviewed, released same morning. Rejected 03/08/12,1:45 p.m. Michael Parker (Turbo Services) sends another email directly to me with narrative & summation explaining the purpose and use of their proposed building. I cannot determine if this email is in response to the rejection of the Review 2 for the SDPA review that was just performed this same morning or not, but it appears from the content of his email that he is referring to comments from both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 15 03/08/12, 5:25 p.m. Michael Parker (Turbo Services) sends another email directly to me elaborating further on his examination of the most recent rejection comments which appears to involve both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 03/08/12 Ricco had meetings throughout the day at 8:30 a.m., 1:30 p.m., 3:30 p.m.,, then met with Evy at the Building Dept. from around 4:00 p.m to 4:30 p.m., then met with Ed when I returned until about 5:15 p.m., and then received emergency call from home which resulted in my leaving the office with Ed's approval at around 5:25 p.m. so I did not get to any.of my afternoon emails and as I had Friday, March 91h off, I did not return to the office until Monday, March 12tH 03/12/12 Ricco had discussions with Ed based on his conversations with various entities on Friday and over the weekend. 03/12/12 in the morning, the Fire Code Official telephones Michael Parker (Turbo Services) to discuss matters. 03/12/12, 11:21 a.m. Michael Parker (Turbo Services) sends an email directly to me extending his thanks for the phone call this morning and asks that I forward the email to Ed as Michael did not have Ed's email. The email contained a statement from Mr. Parker clarifying that they test to "prove normal operation" of the engine and not "tolerance limits." 03/12/12, 3:51 p.m. Ricco sends response to Mr. Parker's email letting him know I've forwarded his email to the Fire Code Official and then I listed Ed's email for Mr. Parker to have for future reference. 03/12/12, 4:02 p.m. Michael Parker (Turbo Services) sends an email thanking me. 03/13/12, 7:57 a.m. Ricco sends a response email indicating "no problem, Michael." 03/13/12 in the early afternoon, several additional discussions with Ed ensued and went over portions of plans.and rejection comments for the Building Permit Correction /1 re- review to ensure consistency with the earlier conversation Ed had with Michael regarding the outstanding issues and what will be required on both the SDPA and the Building Permit re- submittals. 15 ' Building Permit PRBD20120202353, Turbo Services Correction /1 re- review Date in: 03/08/12 Date out: 03/13/12 In Fire Code Office three business days. Rejected (Review was completed on 03/12/12 but was held pending discussions held by the Fire Code Official with various entities) On 03/13/2012 between 3:30 p.m. and 4:20 p.m., finalized review comments for Building Permit PRBD20120202353 following discussion with the Fire Code Official and his discussion with Michael Parker (Turbo Services) on the afternoon of 03/13/12. Also modified SDPA- PL2011 -1144 permit comments to ensure consistency between the SDPA and the Building Permit comments following discussion with the Fire Code Official and his discussion with Michael Parker (Turbo Services) on the afternoon of 03/13/12. Drafted email to Michael Parker (Turbo Services) and attached rejection comments for Building Permit PRBD20120202353 and the modified rejection comments for SDPA- PL2011 -1144 permit and sent 03/13/2012 at 4:29 p.m. 03/13/12, 9:08 p.m. Michael Parker (Turbo Services) sends an email thanking me for the information and questioning how to re- submit corrections. 03/14/12, 8:17 a.m. Ricco sends a response email indicating that Building Permit re- submittals go through the Building Department and the same process they submitted their original and Correction /1 re- submittal. And that the SDPA permit re- submittal needs to go through the Planning Department and gave them the names of two individuals.who work for the Business Center under Growth Management (Michael Levy, Operations Coordinator and Everildo Ybaceta, Operations Supervisor) who could assist him with the re- submittal process. 03/14/12, 8:59 a.m. Michael Parker (Turbo Services) sends an F.Y.I. email with three photos of enclosures used for operation of GG$ engines. (SEE ATTACHED) 03/14/12, 9:32 a.m. Ricco sends a response email thanking him for the information. Comp:a:n,.*"'--;s,-e-e"'k'..c;...'-:t" :'test tb engines s I .M, Mo A i, . r poet, This: comes . a i . 1. . : ih r 'e I Om ,!e�e airport is osing some tenants , me . p recent rate inc,reases... http://www.naplesnew.s.c6m-/ne;wg/20.1 1/feb/22`/C-ornDanV- se6ks-te.st-t-urbi.ne- iet= eficrineq=im . 'I/1 ? / ?O1 http; / /www.naplesnews com/ news /20l l /feb %22 /coinpar�= seeks -test lurbrne jef engines irn .._ 3112/2012 1w '. Quest connnentarY. Enterprise t . C PT Jo.. Page 1. of 2, IWww� Amok.. --I. ir er its e di -r. t - y. swify Flei M M. I th t ry., airport. http://www.naplesne"' c*o' ws. pws/2.0 11 u 'y ri ..-Car-Drb;'.-. I I. dSt7:.CommftAar. -. hiery se7rellt� * ' 3112L20'12 Guest corm ientary:: Eritemrise Rent A =Car to :provid `ser ices to `all tliree local oliu copal;.. 2 x Contact me at C. risC ry'a��colliergo.. stet or.(239) 64 7878: m 2012 Scripps News�Saper Grcup = onYthe' http: // immokalee ;bizlpost.cfmlturbo -sere ices- establishes - facility- at- immokalee- aimnrr +Y i� -L a 0 cl U) v cc CC cv ¢a �- o0 E o o -a C r- ci N Cv o Q CL c \ ° _ \ 04 (D CL aNi CL LO Lo L Q yd? tiff f6 a V (n F= -F=F�- S Z iL U U cl I l � y N Q + a+ � O u +6 a. o V 04., •C c a� V U) U) w a 2 W g p O T i C y � �! 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Ul% S'i 4l/� �,y1iJ L•Y_�i l � I i.D%e �"�% � � i� /�� ?� j V .Rnl I FIRE CODE GENERAL COMMENTS: ,-- Ensure compliance with ALL applicable sections of Chapter 18 of the currently adopted edition of the Florida Fire Prevention Code (FFPC) regarding fire department access and water supply. .L on the SDF&over Sheet, please provide the following information forthe proposed and existing structure(s): (1) Type of Construction per the 2007 FBC, (2) Total square footage under roof {Conditioned and non - conditioned), (3) sprinkler intention for new structure(s). MOTE: this specific information shall match what is depicted on the architectural drawings that will be submitted under a subsequent bullring permit, as both the building permit drawings and the SDAover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. Please provide a current flowtest (i.e. within 6- months of submittal date) and hydraulic modeling (if necessary) demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1: section H.5 -2 and Table H.5.1 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant (i.e. wherever this happens to be located) throughout the run of fire line and to the various nodes up to or past the proposed structure and shall include pipe friction losses based on the Hazen- Williams formula. 'Show existing and proposed fire hydrant locations. The maximum distance between fire hydrants shall be Sm -feet in exclusive one and two- family areas with buildings not exceeding 5000 square feet and 300 -feet in all other areas. Hydrant placement shall be started so Fire apparatus is not forced to pass a potential hazard to get to the first hydrant. The turning radii throughout a fire access lane serving a building is required to be 25 -feet inside and 49- feet outside and the turning radii shall be 25 -feet inside and 45 -feet outside for fire access lanes within large parking lots in accordance with Collier County Fire }prevention and Protection Code Policy and 15 F12 jj::� 16 _952% q Find P .2 ... ... . ... . If there is a dead-end fire access road that is in excess of 150-feet, then an approved fire district turn- around is required. The angle of approach and departure for any means of fire district access shall not exceed 1-foot in 20- feet and shall not exceed the design limitations of the fire apparatus for the respective fire district. SPRINKLERED BUILDINGS AND NEW FIRE HYDRANT INSTALLATION:. Please identify and delineate on the SDP drawings the point -of- service location as defined in 633.021(19) and 633.021(9) F.S. Once the point -of- service location is established, it is from this juncture that a separate permit is required fbrthe installation of underground fire lines in accordance with NFPA 24 (2002 ed.) by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021, 633,521 and 633539 F.S. Find The SDF drawings must contain the following statements on the drawings: 1) "A separate permit is required prior to installation of any fire line." 2) 'Installation of all underground fire lines shall comply with the 2002 Edition of NFPA 24." 3) "Underground fire lines shall be installed by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021, 633521 and 633.539 F.5 " Please delineate on the plan drawings locations of ALL fire protection appurtenances such as PIV (post indicator valve), DDCV (double detector check valve) or fire system detector check assembly, check x p valve, fire department connection (FDC), There shall be a fire hydrant within 50-feet of an FDC and on the same side of the roadway. FDC's shall not be placed behveen buildings. _ STIPULATIONS: Please note that prior to the accumulation of combustible building materials on site, proposed fire t:.• hydrants must be operable and be able to provide the minimum required fire flows, and improved stabilized emerger:cr apparatus access ways (min. 20 -feet wide) must be available to within 100 -feet of structures. -.. All fire hydrants, fire department connections (FDC) and post - indicating valves (PlV) shall be visible an accessible; they shall not be obstructed visually or functionally by trees, landscaping or parking spaces. '3 t — 45296�� 7=111 F�nc T ar ii ri 4 If there is a dead -end fire access road that is in excess of 150 -feet, then an approved fire district turn- around is required. The angle of approach and departure for any means of fire district access shall not exceed 1 -foot in 20- feet and shall not exceed the design limitations of the fire apparatus for the respective fire district. 5PRINKLERED BUILDINGS AND NEW FIRE HYDRANT INSTALLATION: Please identify and delineate on the SDP drawings the point -of- service location as defined in 633.021(19) and 633.021(4) F.S. Once the point -of- service location is established, it is from this juncture that a separate permit is required for the installation of underground fire lines in accordance with NFPA 24 (2002 ed.) by an i appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021, 633.521 and 633539 F.S. February 07, 2012 HALEY ENGINEERING, INC JOHN HALEY, PE 1680 SE 4TH STREET DEERFIELD BEACH, FL 33441 FAX - (954) 697 -0115 RE: PL20110001144, Site Development Plan Amendment TURBO SERVICES Dear Applicant: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments were received and need to be addressed as noted: Rejected Review: Engineering Stormwater Review Reviewed By: Jack McKenna 1. Provide a copy of SFWMD Permit, permit modification, or waiver. Engineering Services Policies and Procedures. 2. Please correct soil storage calculations. 3. Please correct stage storage calculations to show retention area does not store above 32.5 (as this is the discharge grate elevation). 4. Please sign and seal water management calculations. 5. Please provide 150% treatment per Ordinance 08 -10. 6. Please provide itemized cost estimate. Rejected Review: Engineering Utilities Review Reviewed By: Craig Callis Additional Comments: Provide letter of approval from Immokalee Water & Sewer, letter provided is letter of availability. F cted Review: Fire Review ewed By: Ricco Longo rovide a flow test not more then six months old, at time of submittal, on fire district letterhead. 15 2. On the SDPA Cover Sheet, please provide the following information for the proposed . structure (1) the Type of Construction per the 2007 FBC (which will change to 2010 FBC on March 15, 2012), (2) the total square footage under roof (conditioned and non - conditioned space), (3) the sprinkler intention for new structure. NOTE: this specific information shall match what is depicted on the architectural drawings that will be submitted under a subsequent building permit, as both the building permit drawings and the SDPA Cover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. 3. Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09 -4. 4. Please address the following: (1) How or in what capacity is an "Industrial Gas Generator" utilized. (2) What kind of "gas"- is utilized during testing and what is the quantities utilized; (3) is the "gas" liquid or compressed; (4) what quantities of this "gas" are stored on site and how will they be stored; (5) are there other flammable or combustibles products that will be used and stored at this facility? This information will assist in making a determination regarding the expected hazard of contents and hazard classification for this structure and whether or not any additional fire suppression requirements are triggered. �--- Rejected Review: Transportation Pathways Review Reviewed By: Alison Bradford 1. Show sidewalk connection to the south as discussed. This should be ADA compliant and meet section 6.06.02 of the LDC. Rejected Review: Zoning Review Reviewed By: Michael Sawyer 1. 10.02.03.B.l.b.i.(a) On site plan coversheet, project title; name address & phone # of owner & agent. Additional Comments: Rev. l : Please add at the top of the title /cover sheet "Site Development Plan Amendment" as part of the title, and revise the title to be consistent with current title "Immokalee Regional Airport", consider just adding your Turbo Services title after the Airport. Please also include the original SDP number for this project which is SDP - 2005 -AR -8865 on the cover sheet as well. 2. 10.02.03.B.1.b.i.(b) On coversheet, zoning designation of property. Additional Comments: Rev. 1: Please also note on the cover sheet the zoning designation of this project: Immokalee Regional Airport Operations, Ordinance 10 -07. Additional Comments: Rev. 1: Please add a master site plan sheet that includes the actual Immokalee Regional Airport . site as discussed at the pre app meeting and highlighting/clouding in the portion of the project 15 you are revising with this submittal. We need to have the overall project shown with this plan set to avoid conflicts and errors with your project. 3. 10.02.03.B.l.b.ii.(b)(v) On site plan, in chart form, setbacks & separation of structures required and provide. Additional Comments. Rev. 1: Please provide setback table /matrix for the proposed development including required and provided dimensions consistent with the site plan for all four sides of the project, please note this project has only one front yard (west), two side yards (north & south) and one rear yard (east). 4. 10.02.03.B.1.b.ii.(c)(i) On site plan, in chart form, parking summary, type of use. Additional Comments: Rev. 1: Please provide a simple parking table /matrix with required and provided parking standards. Rejected Review: Landscape Review Reviewed By: Michael Sawyer 1. 10.02.14 A Landscape plans must be signed and sealed by a Florida Registered Landscape Architect. Additional Comments: Rev. 1: Please provide signed and sealed landscape plans as discussed at the pre application meeting and checked on the meeting notes. 2. 10.02.14 B. Irrigation plan must be drawn at the same scale as the landscape plans and delineate all buildings and other site improvements, parking spaces, aisles and vehicular use areas. See also 4.06.05 K. Additional Comments: Rev. 1: Please provide irrigation plans as discussed at the pre app meeting and noted in the meeting notes. further review can comments not possible at this time. 3. 10.02.14 A. Provide accurate plant legend, graphic plant symbol, botanical and common name, quantity, height, spread, spacing, native ratio, cold tolerance. See also LDC 10.02.03 B.l.c.i., 4.06,05 C.1., 4.06.05 C.3., 4.06.05 C. 8. Additional Comments: Rev. l: Please provide plant legend. 4. 10.02.14 A. Show tree, palm and shrub planting details. See also LDC 4.06.05 G. Additional Comments: Rev. 1: Please provide planting details. 5. 10.02.14 A. Provide accurate landscape tabulation indicating the calculations insuring compliance with code requirements. 15 Additional Comments: Rev. l : Please provide landscape calculations /tabulations. 6. 10.02.14 A. Show /avoid all utility lines and easements conflicts. See also LDC 4.06.05 G. Additional Comments: Rev. 1: Please note any overhead utility lines and avoid any potential conflicts. Please also show on the plans location of site light poles and avoid conflicts. 7. 4.06.02 A. All required buffers shown on the proposed plat as tracts or easements. Note any conflicts with other easements and/or shared easement. Additional Comments: Rev.l : Please provide complete Type D landscape buffer along Airport Blvd include double row hedge. 8. 4.06.05 C.6. Specify an acceptable mulch type. Additional Comments: Rev. 1: Please provide type of mulch note consistent with code standards. 9. 4.06.05 G.2. Light poles avoid conflicts with required trees and parking islands. Additional Comments: Rev. 1: See above utility conflict comment. If light poles are not proposed please provide note on landscape or site plan sheet. 10. 10.02.03 B.l.c.ii.(a) Delineate existing and proposed parking, vehicular use area, buildings, access points and roadways. Additional Comments: Rev. 1: Provide vehicular use area landscaping. 11. 10.02.14 A. Show all vegetation protection devises including curing, wheel stops, root barriers. Type D curbing is provided for all landscape islands and turning radii. Vehicles cannot overhang onto landscape areas. See also LDC 4.05.02 M., 4.06.03 B.1., 4.06.03 B.4., 4.06.05 G.2.,4.06.05 G.4. Additional Comments: Rev. 1: Please show on the plans and provide detail of required protection devices. Rejected Review: Architectural Review Reviewed By: Carolina Valera 1. 5.05.08 E.3. Service function areas and facilities. Additional Comments: Please revise material proposed for the gate shown on the East elevation of the building. Please note that chain link (and wood) are restricted materials by the LDC. Gates may be aluminum, PVC, or any other material. 15 The following comments were received, are informational and/or may include stipulations: • Remaining 50% of Engineering Inspection fees shall be paid prior to pre - construction meeting. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. If you have any questions, please contact me at Phone: (239) 252 -2926. Michael Sawyer Project Manager Pli 3 0 a� .fl _U O as N 42 w a 0 4 a O cd co O R 3 b 3 a� a� ,D a. C tU, w FUn O •3 v a O a. .5 0 U O W 'O •v 0 U d E O U U Q U a) OA m b b a) c 0 0. 2 4- cm •3 ou 0 co 0 N N h h w y n E U N N 0 � U ED • O. a�'y o •3 Q N O O O � O � H h O •� d• a� o 0 y F" 0 O 0 0 O U ` O 0 o a � R in. 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AIRPORT TURBO SERVICES ORIGINAL SDP #: SDP - 2005 -AR -8865 00 AIRPARK BLVD, IMMOKALEE, FL 34142 RESPONSE TORICCO LONGO `�! "lam �� • - - --� tlianiif • PROJECT TITLE: IMMOKALEE REGIONAL AIRPORT TURBO SERVICES 5448 NW 24'" SMW MARGATE, R 33063 (954)9694= (954) 969 -6337 FAX wwwTerboServices.net • QUESTION 4. (1) HOW OR, IN WHAT CAPICITY IS AN "INDUSTRIAL GAS GENERATOR" UTILIZED. o ANSWER 4. (1) Turbo Services overhauls Pratt & Whitney GG4 and FT4 Gas Generators & Free Turbines. Prior to a GG4's return-to- service as peaking power units within electrical power plants, Turbo Services performs an operational test to check equipment performance criteria & parameters. This Immokalee Facility is an expansion of Turbo Services to perform such tests. The GG4 ( "Gas Generator" 4) or FT4 ( "Free Turbine" 4) are related aero derivative gas turbine engines developed from Pratt & Whitney's J75 /JT4. P &W's first entry into the industrial aero derivative market was the GG4/FT4, which was introduced in the 1960s with approximately 1,300 units in operation at its peak. The GG4 is a self - contained, self - regulating, remote operated, quick responding, peaking power generator. It is also used for propulsion in naval vessels and by water and gas pipelines to drive gas compressors. The typical output of a single engine ranges from 16 to 30 MW depending on conditions and configuration. Engines can be combined to work in conjunction with up to 8 other engines for more efficient power generation. They may also be operated as a combined cycle unit in combination with a condensate boiler in order to increase efficiency. QUESTION 4. (2) WHAT KIND OF "GAS" IS UTILIZED DURING TESTING AND WHAT IS THE QUANTITIES UTILIZED; o ANSWER 4. (2) The "gas" used is Diesel or Jet A Fuel, as sold on site by Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport). A test of a GG4 will average 1200 consumed gallons. • QUESTION 4.(3) IS THE "GAS" LIQUID OR COMPRESSED; o ANSWER 4. (3) Liquid • QUESTION 4.(4) WHAT QUANTITIES OF THIS "GAS" ARE STORED ON SITE AND HOW WILL THEY BE STORED; o ANSWER 4. (4) NO "GAS ", DIESEL or JET A will be stored on site, thus requiring no storage. Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport) stores and dispenses its own fuel. Collier County Airport Authority will deliver and dispense fuel by truck, exactly as the airport fuels aircraft, and the test engine will consume fuel while directly hooked to the truck. Upon completion, the truck returns to its parking area and the GG4 is removed and returned to its service. • QUESTION 4. (5) ARE THERE OTHER FLAMMABLE OR COMBUSTIBLES PRODUCTS THAT WILL BE USED AND STORED AT THIS FACILITY? o ANSWER 4. (5) Turbo Services will have no more than 55 gallons of `BP Turbo Oil 2380" on site along with general cleaning supplies. ■ Turbo Services will only occupy its Immokalee facility an average of one visit each month Michael Parker, Business Development, Turbo Services, Inc 954.968.6338 Tel, 954.968.6337 Fax, 954.805.9613 Mobile www.turboservices.net michael(aturboservices.net O V �� 15 L dj °�V E �o�� a � o o O } v V cl O >, E N O N vUi O o a E 1 n O U `i' • d Q- c c �, p E L O _ fl- a c Q cn L Y c a -E o E P1 c� 4- Q t cd O (u a a 3 bA aa) .� o s •N = v� L Cd N Q F- E E 44 v 'o O O c *' 1 s., 3 o 0 > U a� CL a O M co a > a aaj � ¢, 0 2 aJ O_ > -O i O U 4 o ! O .� O a 4- En cc cd r- 0 F :� +, + O c s- -O "C3 O v� a a Q lm-r N N� 7 Q V M i N 40- O v .E H �+ c CL c m p O C) O O Q -C ++ O O (j f0 •� .0 a t 13 ~ d"7.i rng`m(>6c� o E 3 < O Q n.mo a Q .d J (o 7� E O. O t �— Ds ao O b4 2 F'-_ �� p N' w � O Q. 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Cn >1 ✓' H Cd 4 � N C) r • •4 ; 'd O w w o a� b > ¢' p o U O .� 4). l 3 , $ V) U O O 0 p4 0 Cd C0 C7" �' Cd U U V O a, o 1, ,o° . i ° o N U � +-' U U •� rn o � � Q-1 �a bA O b Cd CA 1 •.-+ hj+y� U 1--I w Cd bid N "d r a Gz i pC, j O 1-4 a� H� z��2 U C H U N M Cd •~ a a U 00 H. a, 15 ' 15 N O O M O U O • U U V� O bA --• O � CxA U c�3 rU, U U •� IEI N � N � N N O � C U � � 0 O v N �a z z o C4 C6 3 C N O U �-+ v� V Cld N. t c4 M O ca 4) Y C� 2 UW (0 0)4) n- moZ co IE 6-DJ Q ` O On- L U t) -0 C/) Cd G� y Cd � O w � � -O O d pr -.a�s � 1V COv r-a 15 N O O M O OOp U 15 N IMMOKALEE REGIONAL AIRPORT TURBO SERV S, r ORIGINAL SDP #: SDP- 2005 -AR -8865 00 AIRPARK BLVD, IMMOKALEE, FL 34142 RESPONSE TO RICCO LONGO Thursday, March 08, 2012 0�1 1b !�I��lll`�iiUi{ 5449 NW 24'm STREET MARGATE, FL =0 ( (954)9684= www.TwboSerrioes.net Mr. Longo, I re- attempt providing you information that will help form a better understanding of Turbo Services' purpose and use of this proposed building. As a narrative & summation of the purpose and use, please consider thefollowing: 1) Turbo Services' plan keeps Hazardous Materials, of any kind, to an absolute minimum 2) GG4 Engines, worldwide, typically operate continuously in simple shipping containers, hardly the concrete testing cell we propose building for added measures of safety 3) The lighting we have selected is for the purpose of wear & tear. "Explosion Proof Lighting" units and bulbs have filaments that last longer in environments subject to vibrations or frequencies that quickly blow lights of lower quality. We will gladly remove the word "explosion proof' because we have no reasonable expectation such lighting would survive an explosion, nor to we anticipate an explosion. 4) Our fire safety immediate plan is as follows: a. Emergency Stop / Fuel Shut Off By Operator b. Simultaneous Emergency Fuel Shut Off By Airport Fuel Truck c. Extinguishers on -hand (UL Rated) d. Supplemental / Additional Wheeled Halon High Flow Flight Line Unit 1211 (UL rated) e. Notify Fire Dep't f. Notify Airport 5) Sprinkled Water in this environment has the potential of making matters considerably worse and causing extensive and unnecessary damage to the engine being tested. 6) Operationally, the building design incorporates double paned glass with a fusible link fire curtain and a 3 hour fire rated door between the testing room and the control room. There is an exit on the north side of the control room that allows for immediate egress to the north, away from risk of hazard and out of harms way. I appreciate your review of GFA's Report of Geotechnical Exploration. I believe GFA to be accomplished in all matters geotechnical. I do not believe their terminology in any matter relating to Turbo Services' scope of work should supersede our corporate answers, responses, exact and accurate delineation of industrial gas generators. Regarding the new development of the county's dissatisfaction with the driveway, I am contemplating the appropriate course of action. Perhaps, in direct relationship to the site plan and in the interest of exceptional expense and time, you might suggest the solution the county would most like to see. I am happy to create the required turn around circle or "T" at the west point of the building but county landscaping review will likely frown on the idea as we have just agreed to more trees. Turbo Services decision to build at Immokalee Regional Airport was strategic. Aircraft fuel is the same and we can give the business of consumption to the county. We were welcomed by the Airport Advisory Board, Airport Management, County Commissioners and the FAA. Moreover, airport's have resources such as proximity of municipal fire and life safety measures that are important to airport tenants such as Turbo Services. Perhaps you may be willing to speak by phone. I would like to arrange a conference call if possible. Thank you, Michael Parker Michael Parker, Business Development, Turbo Services, Inc 954.968.6338 Tel, 954.968.6337 Fax, 954.805.9613 Mobile www.turboservices.net michael(iDturboservices.net IMMOKALEE REGIONAL AIRPORT TURBO SERVICES ORIGINAL SDP #: SDP - 2005 -AR -8865 15 PROJECT TITLE: IMMOKALEE REGIONAL AIRPORT TURBO SERVICES • QUESTION 4. (1) HOW OR IN WHAT CAPICITY IS AN "INDUSTRIAL GAS GENERATOR" UTILIZED. o ANSWER 4. (1) Turbo Services overhauls Pratt .& Whitney GG4 and FT4 Gas Generators & Free Turbines. Prior to a GG4's return -to- service as peaking power units within electrical power plants, Turbo Services performs an operational test to check equipment performance criteria & parameters. This Immokalee Facility is an expansion of Turbo Services to perform such tests. The GG4 ( "Gas Generator" 4) or FT4 ( "Free Turbine" 4) are related aero derivative gas turbine engines developed from Pratt & Whitney's J75 /JT4. P &W's first entry into the industrial aero derivative market was the GG4/FT4, which was introduced in the 1960s with approximately 1,300 units in operation at its peak. The GG4 is a self - contained, self- regulating, remote operated, quick responding, peaking power generator. It is also used for propulsion in naval vessels and by water and gas pipelines to drive gas compressors. The typical output of a single engine ranges from 16 to 30 MW depending on conditions and configuration. Engines can be combined to work in conjunction with up to 8 other engines for more efficient power generation. They may also be operated as a combined cycle unit in combination with a condensate boiler in order to increase efficiency. • QUESTION 4. (2) WHAT KIND OF "GAS" IS UTILIZED DURING TESTING AND WHAT IS THE QUANTITIES UTILIZED; o ANSWER 4. (2) The "gas" used is Diesel or Jet A Fuel, as sold on site by Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport). A test of a GG4 will average 1200 consumed gallons. QUESTION 4.(3) IS THE "GAS" LIQUID OR COMPRESSED; o ANSWER 4. (3) Liquid QUESTION 4.(4) WHAT QUANTITIES OF THIS "GAS" ARE STORED ON SITE AND HOW WILL THEY BE STORED; o ANSWER 4. (4) NO "GAS ", DIESEL or JET A will be stored on site, thus requiring no storage. Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport) stores and dispenses its own fuel. Collier County Airport Authority will deliver and dispense fuel by truck, exactly as the airport fuels aircraft, and the test engine will consume fuel while directly hooked to the truck. Upon completion, the truck returns to its. parking area and the GG4 is removed and returned to its service. • QUESTION 4. (5) ARE THERE OTHER FLAMMABLE OR COMBUSTIBLES PRODUCTS THAT WILL BE .USED AND STORED AT THIS FACILITY? o ANSWER 4. (5) Turbo Services will have no more than 55 gallons of `BP Turbo Oil 2380" on site along with general cleaning supplies. ■ Turbo Services will only occupy its Immokalee facility an average of one visit each month Michael Parker, Business Development, Turbo Services, Inc 954.968.6338 Tel, 954.968.6337 Fax, 954.805.9613 Mobile www.turboservices.net michael(a)turboservices.net U O co �a O � N � m Z C N -i CN pO U a) o � a�i U O Y Co F- m o QLu a >o a)z �'COO -1 cn0 v U .0(/) LLJ AFL -2F:-3it U 3 a� a 0 0 c° t4 U a w w 0 0 00 U a) c� O U Q] O 0 O N c,3 �> H s.. P $-4 rA a 0° � cn U .fl OC) 15 ) o J d � 4,; E a O v �s c c �^ Mini° -ina U 3 a� a 0 0 c° t4 U a w w 0 0 00 U a) c� O U Q] O 0 O N c,3 �> H s.. P $-4 rA a 0° � cn U .fl OC) 15 IMMOKALEE REGIONAL AIRPORT TURBO SERW ES ORIGINAL SDP #: SDP - 2005 -AR -8865 I 00 AIRPARK BLVD, IMMOKALEE, FL 34142 RESPONSE TO RICCO LONGO Thursday, March 08, 2012 Mr. Longo, 5449 NW 24"' MEET MARGATE, Fl, 33063 ,954, 9 - (954) 96&6337 FAX wwwAurboSereices.eot Closer examination of the County's responses to Turbo Services' SDPA has raised a few important issues. Please allow me to expand and elaborate items as mentioned within the Collier County responses. Upon review of FFPC: section 40.3.2.2 and 40.3.2.1 are provisions for extinguishing systems in high hazard industrial occupancies, however we have been asked by the County to sub - classify the Industrial Occupancy as 40.1.4.1.2(1), defined as an industrial occupancy that conducts ordinary and low hazard industrial operations in buildings designed for, and that are usable only for particular types of operations. We agree with the County's correct analysis that this is a low hazard industrial operation. A) Turbo Services has worked with structural engineers and architects to design a building that meets and exceeds the needs of our industrial operation per 40.1.4.1.2(1). B) The proposed structure will not store materials of a high hazard category C) The proposed structure is designed to operate GG4 Industrial Gas Generators. D) The proposed facility is not an "aircraft engine test facility" E) Turbo Services, if necessary, will agree to remove "explosion proof lighting" from plans as an insubstantial change. F) Turbo Services, if necessary, will agree to remove the 55 gallon drum of BP Turbo oil G) No Fuel is stored on site H) No GG4 are stored on site 1) Turbo Services complies with Section 6.2.2.2, Low Hazard Contents, classified as those of such low combustibility that no self - propagating fire therein can occur. a. The building is vacant when not needed for GG4 operation b. No hazardous contents exist c. When needed for GG4 operation, the building content (the GG4) is not combustible without the introduction of fuel. The fuel is not a content of the building, not even when operating. The GG4, in and of itself, is not combustible. The only fuel in the building, at any on time, would be the fuel in the supply line to the gas generator which is protected by an in -line emergency fuel shut off valve. Additional safety measures include our computer controls that shut off fuel supply if operating parameters are exceeded. J) We agree that NFPA 423 is a Standard for Construction and Protection of Aircraft Engine Test Facilities; however the proposed facility is not an Aircraft Engine Test Facility, not by any definition or interpretation. Regardless of this point, and as presented to and approved by Collier County Commissioners, Turbo Services building design exceeds needed structural integrity and the same was approved by licensed architects, structural engineers, MEP and civil engineering. K) We will work with you to design the driveway such that Fire Department vehicle(s) have proper room to turn. Thank you, Michael Parker Michael Parker, Business Development, Turbo Services, Inc 954.968.6338 Tel, 954.968.6337 Fax, 954.805.9613 Mobile www.turboservices.net michael aturboservices.net IMMOKALEE REGIONAL AIRPORT TURBO SERVI S n ORIGINAL SDP #: SDP - 2005 —AR -8865 . PROJECT TITLE: EMMOKALEE REGIONAL AIRPORT TURBO SERVICES • QUESTION 4. (1) HOW OR IN WHAT CAPICTTY IS AN "INDUSTRIAL GAS GENERATOR" UTILIZED. o ANSWER 4. (1) Turbo Services overhauls Pratt & Whitney GG4 and FT4 Gas Generators & Free Turbines. Prior to a GG4's return -to- service as peaking power units within electrical power plants, Turbo Services performs an operational test to check equipment performance criteria & parameters. This Immokalee Facility is an expansion of Turbo Services to perform such tests. The GG4 ( "Gas Generator" 4) or FT4 ( "Free Turbine" 4) are related aero derivative gas turbine engines developed from Pratt & Whitney's J75 /JT4. P &W's first entry into the industrial aero derivative market was the GG4/FT4, which was introduced in the 1960s with approximately 1,300 units in operation at its peak. The GG4 is a self - contained, self - regulating, remote operated, quick responding, peaking power generator. It is also used for propulsion in naval vessels and by water and gas pipelines to drive gas compressors. The typical output of a single engine ranges from 16 to 30 MW depending on conditions and configuration. Engines can be combined to work in conjunction with up to 8 other engines for more efficient power generation. They may also be operated as a combined cycle unit in combination with a condensate boiler in order to increase efficiency. • QUESTION 4. (2) WHAT KIND OF "GAS" IS UTILIZED DURING TESTING AND WHAT IS THE QUANTITIES UTILIZED; o ANSWER 4. (2) The "gas" used is Diesel or Jet A Fuel, as sold on site by Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport). A test of a GG4 will average 1200 consumed gallons. QUESTION 4.(3) IS THE "GAS" LIQUID OR COMPRESSED; o ANSWER 4.(3) Liquid QUESTION 4.(4) WHAT QUANTITIES OF THIS "GAS" ARE STORED ON SITE AND HOW WILL THEY BE STORED; d�5 i ^o ANSWER 4. (4) NO "GAS ", DIESEL or JET A will be stored on site, thus requiring no storage. Collier County Airport Authority's Immokalee Fixed Base Operation (The Airport) stores and dispenses its own fuel. Collier County Airport Authority will deliver and dispense fuel by truck, exactly as the airport fuels aircraft, and the test engine will consume fuel while directly hooked to the truck. Upon completion, the truck returns to its parking area and the GG4 is removed and returned to its service. • QUESTION 4. (5) ARE THERE OTHER FLAMMABLE OR COMBUSTIBLES PRODUCTS THAT WILL BE USED AND STORED AT THIS FACILITY? o ANSWER 4. (5) Turbo Services will have no more than 55 gallons of `BP Turbo Oil 2380" on site along with general cleaning supplies. �t ■ Turbo Services will only occupy its Immokalee facility an average of one visit each month Michael Parker, Business Development, Turbo Services, Inc 954.968.6338 Tel, 954.968.6337 Fax, 954.805.9613 Mobile www.turboservices.net michael @turboservices.net 15 Ed Riley From: Michael [secondwindaircraft @yahoo.com] Sent: Monday, March 12, 2012 7:54 PM To: Ricco Longo Cc: Ed Riley Subject: Re: Turbo Services Mr. Riley, I received your message. Thank you an I look forward to hearing from you. Michael Parker 954- 805 -9613 On Mar 12, 2012, at 3:51 PM, Ricco Longo <rlongona ccfco.or�> wrote: I've copied the Fire Code Official on this, Michael. For your benefit, Ed's email is erilev @ccfco.org. From: Michael Parker fmailto :secondwindaircraft@yahoo coml Sent: Monday, March 12, 2012 11:21 AM To: Ricco Longo Cc: Eric Mitchell; jamesfrench(@colliergov.net Subject: Turbo Services Thank you for the phone call. I do not have Mr Riley's email so if this could be forwarded to him, I would appreciate the help. Regarding Turbo Services site, I feel it important to point out that Aircraft Engine Test Facilities are designed to test engines to a point of failure. Turbo Services' facility is intended to prove normal operation, not tolerance limits. We run the engine to show the operation is within parameters rather than run it to determine what the parameters are. 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SECOND REVIEW. 03/13/12(rl) — Although the assumption in the first review of this building permit application was that this would qualify as a Special - Purpose Industrial Occupancy, subsequent information provided in the second SDP submittal as well as within this second building permit re- submittal corroborates that the test cell area is considered an incidental high hazard operation in an ordinary hazard occupancy. As such this is to be considered a Special- Purpose Industrial Occupancy in which incidental high hazard operations occur. Please acknowledge on the plans. Please sub - classify the Industrial Occupancy as required by FFPC 101: section 40.1.4.1 and specify in the Code Analysis section of sheet A -2. NOTE: the use of this occupancy appears to fall to FFPC 101: section 40.1.4.1.2(1) Special- Purpose Industrial Occupancy. SECOND REVIEW, 03/13/12(rl) — Again, this is to be considered a Special- Purpose Industrial Occupancy pursuant to FFPC 101: section 40.1.4.1.2 in which incidental high hazard operations occur in accordance with FFPC 101: section 40.1.4.1.3(2). Please correct plans accordingly. With respect to Storage Room 104 the following deficiencies need to be addressed: (1) as this is classified as a Mixed Occupancy, compliance with FFPC 101: section 38.3.2.1 is required. If using fire barriers as allowed per section 8.7, provide section details showing rated walls from floor to underside of roof structure or rated ceiling, and how wall types "C" and "B1" achieve the required rating via third party testing entity such as UL or Gypsum Association or calculated fire resistance, and how joints (i.e. rated wall to rated wall, rated wall to exterior wall and head of wall) are protected, and how penetrations in these rated walls are protected via through - penetrations systems. SECOND REVIEW. 03/13/12(rl) — the notes provided on sheet D -1 under wall type 131 and new wall type C2 call out Wall- to-Wall ioint protection system design numbers through- penetration system design numbers and a head -of -wall system design number, but no complete design summaries were provided. Please provide the appropriate details on the plans for these system call -outs. Based on some of the design elements specified, including "explosion proof lighting," and pursuant to FFPC 101: section 40.3.2.2, protection in accordance with section 40.3.2.1 (i.e. automatic extinguishing system) shall be provided for any area subject to an explosion hazard. Because of this requirement and if an automatic fire sprinkler system is utilized, a sprinkler monitoring fire alarm system and separate permits for both the fire sprinkler and the fire alarm system will be required and this requirement for separate permits shall be acknowledged on the plan drawings. Additionally, and again because of this requirement, if an automatic fire sprinkler system is utilized, it will need to be reflected on the current SDPA being permitted and all pertinent information for review associated with this system will also be required for an appropriate review of the revised SDPA. SECOND REVIEW 03/13/120111— a manual fire suppression system is required to protect the Test Cell area per NFPA 423 (2004 ed.) sections 6.2.1 and 6.2.1.1. ,Vol SECOND REVIEW, 03/13/12(rl) — also, as a result of the manual fire suppression system requirement, please acknowledge on the plan drawings that a separate fire sprinkler permit will be pursued prior to any work being performed on such a system. SECOND REVIEW, 03/13/12(rl) — additionally, fuel and lubricating oil system control valves shall comply with NFPA 423 004 ed.) section 5.6. SECOND REVIEW, 03/13/12(rl) — a re- review fee of $75.00 for Correction #2 must be paid prior to re: submittal. The County will not process your subsequent correction if this fee has not been paid. A copy of your Official Receipt shall be included in the re- submittal as proof of payment. 15 SECOND REVIEW, 03/0712(rl) — .although the response letter indicated the est "...has been ordered..." it is required to be subrnitted'at this time so that fire flow calculations can be.performed. Please provide as originally requested. On the SDPA Cover Sheet, please provide the following information for the proposed structure (1) the Type of Construction per the 2007 FBC (which will change to 2010 FBC on March 15, 2012), (2) the total square footage under roof (conditioned and non - conditioned space), (3) the sprinkler intention for new structure. NOTE: this specific information shall match what is depicted on the architectural drawings that will be submitted under a subsequent building permit, as both the building permit drawings and the SDPA Cover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. SECOND REVIEW, 03/0712(rl) —although the information was provided as requested, the designation of "not sprinklered" needs to be further clarified at this time and therefore is not acceptable. Additionally, and per the 03/13/2012 discussion between Michael Parker (Turbo Services) . and Ed Riley (Fire Code Official), a manual fire suppression system is required to protect the Test Cell area per NFPA 423 (2004 ed.) sections 6.21 and 62.1.1. If the water demand for this system can be met with the domestic water supply then simply note this on the plans. If the water demand for this system requires separate connection to the water main, then show all fire protection appurtenances at this time on he SDPA drawings (i.e. backflow PIV, Check Valve, FDC) as close as possible o the .. road and wherever the fire hydrant it. located and note that this system shall comply with NEPA 24(2007 ed ) .requirements. Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09 -4. SECOND REVIEW, 03/0712(rl) - ..this comment was erroneously shown and incomplete and should have read ... the two -way drive is considered a dead -end. that exceeds 150 -feet and in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 094,. an approved turn- around for fire, apparatus shall be provided, and the design proposed does not meet the dimensional 'OReria for any of the turn - arounds approved by the local Fire Districts. However, and perthe 03/13/2012 discussion between Michael Parker (Turbo Services) and Ed Riley (Fire Code Official) please contact the Immokalee Fire District's fire marshal,- LeoAodgers*to discuss what kind of .. `., . turnaround would be acceptable at this particular site. in lieu of the current approved turn- arounds. Whatever is agreed to, please obtain in writing from the Fire Marshal and provide copies attached to each of the re- submittals. 15 Ed Riley Irom: GustTatiana [TatianaGust @colliergov.net] Sent: Wednesday, March 14, 2012 10:33 AM To: Ed Riley Subject: FW: Turbo Services FYI Tatra IA4 K. C u.st Manager Plan Review & Inspections Growth Management Division Building Review & Permitting Ph: 239- 252 -4240 Fx: 239 - 252 -2334 APlease consider the environment before printing this email - -- Forwarded Message - - - -- From: Michael Parker <secondwindaircraft(a)yahoo.com> To: Levy Michael <MichaelLevy(cD-colliergov.net >; "michaelsawyer _ colliergov.net" < michaelsawyer (cr- colliergov.net> Sent: Tuesday, March 13, 2012 10:02 PM Subject: Turbo Services Hi guys, I had a good talk with fire officials and we seem to have reached an understanding for moving forward. Will you please explain to me why so many items on our submittal are classified as "carried forward "? I'd like to get issues solved and the way it appears, we made little headway at the last submittal. Hopefully that is just a label while items are pending. Please advise so I can be working on finishing things up. Mr. Sawyer, at what point would you like to discuss drafting the "insubstantial change" form(s)? 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