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CAC Minutes 03/10/2005 W March 10, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY EROSION CONTROL LINE WORKSHOP Naples, Florida, March 10, 2005 LET IT BE REMEMBERED, that the Collier County Erosion Control Line Workshop in and for the County of Collier, having conducted business Herein, met on this date at 5:00 PM in WORKSHOP SESSION in Building "F of the Government Complex, East Naples, Florida with the following present: THOSE PRESENT: Gary McAlpin, Collier County Coastal Projects Mgr. Mark Miller, Assistant General Counsel Becky Roland, Environmental Specialist (DEP) Ron Pennington, Coastal Adv. Committee Chairman Steven Keehn, Coastal Planning & Engineering 1 ~----_...->-.-_."., NOTICE OF PUBLIC WORKSHOP NOTICE IS HEREBY GIVEN that a Public Workshop will be held to discuss the proposed erosion control project known as Collier County Beach Renourishment Proiect , and the establishment of an Erosion Control Line for said project. The location of the proposed erosion control project is as follows: Section 32 , Township 48 S , Range 25 E and Section 5 , Township 49 S , Range 25 E and Section 16 , Township 49 S , Range 25 E and Section 8 , Township 49 S , Range 25 E Collier County, Florida The Public Workshop will be held at the Board of County Commissioners' Chambers located on the third floor ofthe W. Harmon Turner Building (Administration Building F). Collier County Government Center. 3301 E. Tamiami Trail, Naples. FL 34112 , on March 10.2005 , at 5p.m. For further infonnation contact Maria Bernal. (239)213-2966 or Gary McAlpin. (239) 530-5342 TALLAHASSEE, FLORIDA NOTICE Notice is hereby given that the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, or designee, is proposing the establishment of an Erosion Control Line, pursuant to Section 161.161, Florida Statutes, and will hold a Public Hearing at the Board of County Commissioners' Chambers located on the third floor of the W. Harmon Turner Building (Administration Building F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, FL 34112 , on March 10, 2005 , at 6p.m. for the pUrpose of considering evidence bearing on the location of a proposed Erosion Control Line for the beach erosion control project known as Collier County Beach Renourishment Proiect . The location ofthe proposed Erosion Control Line is as follows: The proposed Erosion Control Line lies along Pelican Bay and Park Shore shore lines fronting the Gulf of Mexico at the line of mean high water. The Erosion Control Line lies in Section Section 32 , Township 48 S , Range 25 E and Section 5 , Township 49 S , Range 25 E and Section 16 , Township 49 S , Range 25 E and Section 8 , Township 49 S , Range 25 E - Collier County, Florida Written objections to, or inquires regarding, the proposed Erosion Control Line should be submitted to the Bureau of Beaches and Coastal Systems, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, prior to the date mentioned above. The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida reserves the right to deny establishment of the Erosion Control Line. BY ORDER OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA JEB BUSH, GOVERNOR . ..,,--'--,...._~ March 10, 2005 CONTROL EROSION LINE PUBLIC WORKSHOP Gary McAlpin, Coastal Projects Manager, called the Public Workshop meeting for the Erosion Control Line to order at 5:00 PM. This is for the major beach renourishment project that will be undertaken the winter 2006. Introductions: Assistant General Counsel, Mark Miller Environmental Specialist, Becky Roland (DEP) Coastal Advisory Committee Chairman, Ron Pennington Coastal Planning & Engineering, Steven Keehn Notice: This meeting was advertised in the Florida Administrative Weekly and Naples Daily News along with over 25 certified letters to those that were within 1,000 feet ofthe beaches. The Workshop is scheduled for 5:00 PM followed by the Public Hearing at 6:00 PM. Presentation: Steve Keehn - Coastal Engineering & Planning - A slide presentation was given explaining the project and what an erosion control line is: · Pictures of the area were shown · Showed 2 erosion control lines (Pelican Bay and Parkshore) · Plans were available for viewing · The erosion control line is the mean high water line at the time of survey · Elevation is 1.52 feet for Pelican Bay and 1.53 feet for Parkshore · Project was done previously in 1995/96 · A number of smaller projects were done with 1/3 the amount of sand (inlet bypassing and truck haul projects) · This project will reduce the need for truck haul projects, but the County will continue with the inlet sand bypassing · Summary: 673 cubic yards are proposed - start construction November 1 st - 4 months to build the project - 8.6 miles · Talked about the hurricanes of 2005 · Discussed the sand source and dredging · The sand will be coarser than what is there at present · Covered rules on the erosion control line required by the State · Trying to adopt an erosion control line - has nothing to do with the construction control line · Landward limited fill - elevation of 5 feet · State is allowing the beach project as long as an erosion control line is given · Will build a beach that is wider & State wants to maintain ownership over the land they have. 2 March 10, 2005 · Surveys have been done and will now adopt that line as the new permanent border between the upland properties and the State lands. . State is not trying to increase the amount of property they have Testimony will be taken at 6:00 PM. The will be no discussion, testimony only. Questions can be asked after the Public Hearing. Questions were taken from the audience but not audible on tape. Ron Hovell, previous Coastal Projects Manager - wanted everyone to be aware of the two areas they need permission from is the setting of the control line, but also the easements from everyone along the beaches to be renourished. 90-95% has been received, but still some holdouts. The Board of County Commissioners policy is not to place sand on privately owned property without an easement. If they are not gotten by the time the project is ready to go, they will have to skip those properties and not provide the sand. He encouraged those property owners to contact the City or County. The easement is just a construction easement. A temporary easement only for the construction phase ofthe project. The Workshop concluded at 5:35 PM. HEARING Mark Miller, the Hearing Officer welcomed everyone to the hearing at 6:00 PM. It is being held pursuant to Chapter 161.141 Florida Statutes for the purpose of receiving comments regarding the merits of the proposed erosion control lines for the Collier County Beach Renourishment project. Before Comments he defined what an erosion control line is, how the line is located and the formal process required for legally establishing the erosion control line. Once established, becomes the boundary line between public and private property. All property seaward of the established erosion control line is State owned property. All property landward of the erosion control line continues to be vested with upland property owner. The location of the line is based on a survey of the existing line of mean high water. It is conducted in accordance with the accepted survey principals' ad practice and reviewed and accepted by the FL DEP. The public hearing is then held to receive pubic comments. After the hearing has been held, he as the public hearing officer will prepare a report based on evidence obtained. The report will contain a recommendation to either approve the establishment of the erosion control lines or not. IF the report contains a recommendation for approval, the FDEP will approve the establishment of the 3 -~~. March 10, 2005 erosion control lines. They will then be recorded in the public records of Collier County. A few issues: discussed the relationship between the established erosion control line and private property rights. Talked about the mean high water line and the boundary between sovereign States owned land and privately owned upland property. Talked avouch common law rights by upland property owner. Provision Section 161.201 FL Statutes, the State shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward of the erosion control line except structures to prevent erosion. An audible recording is being made so he can refer to the recording in preparation in preparing his final report to insure accuracy. All persons wishing to provide oral comments will be given the opportunity. This is not a Workshop. No discussion is allowed. As the Hearing Officer, he is to consider comments only. Those that do not wish to provide oral or written comments at this hearing, a period of 30 days will be made to submit to him any comments they wish to make. His address is: Mark Miller, FL DEP, Office of Beaches & Coastal Systems 3900 Commonwealth Blvd. Mail Station 35 Tallahassee, FL 32399-3000 Steven Keehn of Coastal Planning & Engineering provided information concerning beach renourishment project and the erosion control line for the project. The speakers will then be called upon. The hearing will last until everyone has had an opportunity to speak. Steve Keehn - Coastal Planning & Engineering - gave slide presentation of the areas and the erosion control lines for eh extension of the Vanderbilt project area south, and Park Shore area to the north. Much of the details were covered at the Workshop earlier. Speakers were then welcomed of which there were none. The Public Hearing was then adjourned at 6:10 PM. ***** COLLIER COUNTY COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 4 ---"-_.,_..,--"