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Resolution 1998-289 16818 /(ESOLl T!O.'\ so. <)X-....11,9 A I(ESOI.L:TIO:" ACCEI'TI:"(; TilE TEll.\IS A:"!! CO:"!!ITIO:"S OF TilE I'S AI(~IY COIU'S OF E:\'GI:\'f:EllS SECTIO:" ~II~ I'ER~IIT :\'0. 1')<)('027H')(II'-CC) A:\'!! TilE FI.OIU!!..\ !!EI'Al(DIE.'\T OF E:"\'II((J:"~IE:"T,\1. I'J(OTEC"IIO:" CO:"SOl.lIlATE!! .IOI:"T COASTAL I'ER.\IIT. SOH:REI(;:" SI.B.\IElHa:1J I..\:"!!S ..\!'TIIORIZATIO:" A:"!! \',\RIA'\'n: :"0. O\2H~(,J-IIII\-.IC. A CO~II'J(EIIE:"SI\T ,\1.\:".\(;E\IE:"T 1'1..\:" FOJ( TIlE RESTOI(,\TIO:" .\:"IJ O,\C;OI\(; \I.\:"A(;E,\I/'Sr OF TilE ('1,.\\1 BAY SY"TI':\] ,\\IJ TO\\"IIIOIUZI': TIlE IJlln:CTCJI( OF I'EI.Ic'\.'\ BAY SER\'ln:S TO SI(;,'\ TilE PER\!ITS 0\ BEIIAI.F OF COLLlEI! COlSI\' BE IT HESOI.\'CI>. lh.... B11ill\IIl((\IIlIllY ClllJlmis:.itll1l..TS II(('\IIIILT ('illllll~. I, h\rilb. (Ill .\U:;U\l -I. jINS, h;I'; III'tlll Illlllion mil,h.', "I,.'l,,'(llltk'd illlt! 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IJi\-i"'llll1 i~ h.."r..'hy :nlll1Clrih'd ;UH! difl"t:!t.'d 1,1 ~""l.'" stll"h fUrlh\.T iHlI!Jllfi/:llillll :1" 1ll;1~ I,.., fl'quir\.'d l'Il'((l.'l.'ltI.lh' Illl' rllrr~(l~",'~ dill! illk'lll 01'111..' :thl1\l' I'l'fll1ilS ;1I1l11';1.~i..'JlII'I11~ :lnd 1,' Illlpk')11l'111 dll\1 ;Ihid..' hy 111\.' h:nll~ :llll! L"lllh[ililln~ "(Ill..' (.IIII....l.111 ()nl..'). 'I hi:- 1{I.':-ol\llinl1 "ill rl'..'lll1h: l'f1i..'Cli\l' iI1l111..'di.lk'ly lJpllJl ih p;ls,'a~l.'. I his 1{l'snllllilll1 adortl.:d lhis :md :1l:1jority \,ll..', l!;l~ {II .\ll~tlq. 11)I)S. ;lflcr Il\l1,i\lJl. '..'!..-'Pild IJ..\IUJ: : ~./ ,\ I'll," I: /J\\'I( ill I L, 111(( )('f~. (,I.II(K Ii< J.\RII (JI (', )]" I Y ('( J.\I\IIS,if J,\;] I~S (,IlIUU, CIlI \1 Y. 1'1 ()](III..\ i.- ~:::'_'__"_ /, 11\'~~\i';,~ g. 8\\~~1j 'i~\Ii.\lll\~~~':;':\ ('11,\/1(\1'\' "0 ">:~';.:.-:-' / Atte,' +0 . ~- '.. r~ '~Al~~dn' 5 tgndt"r.:: ,,"1 ~. 5 .... ......". :\pprn\ I.'d;h t;l i'llrln ;!llll Jce:,t1 "lllh":I.."ll..'}' i,..j_,',L t.iWtL J).l\ id ('" \\ "(.'I::,d (.) (""\I!lI~ "\ll'lrnc~ DE PARTM ,NT OF THE ARMY PERMIT Perm, lttee: Collier County, Pelican Bay Services Division 801 Laurel Oak Drive, Suite 605 Naples, FL 34108 PerTnit No. 199602789(IP-CC) issuing Office: U.S. Army Engineer Distrlct, Jackscnvi!!e Project. Description: To perfcrm acziviEies in association ant a~ sc.~fied bv ~ ~" ~a ~ -~ -,.~,~-a.m '/ ResScrarion and ...... ), wn:cr. 's attached 2c, and made a Dart of, '~is s~ r~ r Eachme~- ,, r, ,, ..... ~' · - .... a~ mcdif~ed ' ~ ' ei ¢ ~ . ,- - ne___n Dy t..e ...... , -U~on~, che PermitEee is aElhcrlzed lc imslemen- the CBPI{P as set forth therein. Ssecifica!i./, ...... ' ...... -~ .' ~ ' ,;~h the lowing works. "l. ar.._ .z.-~.~.,~ main cha-"r-~ d~e~..q/P.a' $ ' for '" .... ~- .-; · ....... 'cac~ 49 r~,,,~ - f the '~a3'es 6= '~'rouuh 71 ~f -'~ ~ above re{erencei ., .']'i. - ,,o.,.s are to be comp!eEed as · .;~nzn the CE?2~P and as shown and described on a~a'-hed .... ~red . . ~ ..... ~ in 38 sheets, Gated Aurll . -~, .,ace a Dart of, =.~z~ AE:acnment "B ..... Project Location: The pro~- is located wi-kin Cia.-. ~a',,' ~nd -_he Gu!= 0'= ~.e;<ico, sec'-ions z, ~ ~-_~ -, ~, , 9, 32, 33, ~'.'~ ..... -. ' ~='~ ......... . Florida. Permit Conditions: General Conditions: The ~ li t.me mit ~ comcleting the - ~O~~: a,'~ --- ~ .... that you need morn authorized aciiviz-z, ..~-; . s,~.,,.~ )'our reques~ for a ~ime :bLs office for consideration at leas~ onr~ mon-~ ~.^r~ ~.~ asove da~e ~s reached. ~ ~. .-u must mainEa' th= ac:Lv~.ty authorized cocd conc=~ion and in conformance wiEh the ~ ..... ~. You are no~ re!i~ve~: of thi~ . =..,o,~ :ne permitted ac:Lyf:./, althouch you ~-- ~0 a rd oa~tv i~ ~ i ' ~-~: ~' .... - - ~o~o.la~ce '-~.~---zcn 4 below. Should you wish [o cease auihc~ ed -,z activity or ~hould you desire Uo - ~ ~., transfer, you must obtain a modi~ica.-ion area . '" - . - - 3. if You disccve~ ar.'~ ..... -' . - . ~ . .~-e,,ously unknown hLs~oric or archeD!Do-_cai remain~ '.,"~.i:~ ac:cmu~=x~.~ '_he a~- .... ~ - '-~' ..... ~ ~ ',' .... azZh~:~, cv '~s ~ ....... t, you r, us~ im-mediateiy notify .... =s office of whn~ '/cc nave ~ound. We wiii ini:ia~e Ehe Federal and sca~o ~o-o~n=~ion required zo deEermine i~ the remains warran~ a recovery effort or if the site is e!ioib;~ fo - t: ~',==iona] Poc~=-m~ cf ~ ' ~ ~ ~ i~s n~ ~- the .... ~'~- H~stor~c Places. 4. if you sell the property associafed with .'-h{s mt:s~ obtain ~e ~-~'~-,,,-r~ ' - ....~-, '/cu ..... -. .... ~-- and mailing ':~ Eke space pro~,ided and fc~,. =~ ~u ' . .... · s=fic~ to vai~-- -~- - ~,,.- ransfer of ibis auEhoriza~izn. PE'~:41 T L"b%4'~ ER: i99602789 (iP-CC) '- ~~ COunty, Pe~ican Bay Services D"-' ~ ¥ I = ion PAGE ~ - 5. if a conditlcned water quality certification has been issued for your ~-. :'~~ .... , you must comply with th~ conditions ~n_ certificatlcn as special conditions to this permit. Fc.r your conven;ence, a copy of the certifi ~ . ~ ca~on -s aE2a~Re made a par- of, this permit as Attachment "C" ..... '~' 6. You must a!icw representatives from this office ~o insze. the authcrlzed ac-~,/~.. . that :~ is ~ ' or '~Y at any time deemed necessary to ensure ~ oeln~ has been accomplished in ac ~-~ ..... lulons of your permit. Special Conditions: ~i) lhe Permlttee agrees to submit semi-annual and al' cth~ ~ezor~s ~-~ -- - . s..=~= be submitted to U.S. Arm'/ Encin~ ~c~'!a~r'; Division, Enfc ..... n ..... ~970, ~,a~>= z~: Florida 32222-0019 a-d shall re ' '' ' ..... ~ .....~-e~) com.m~ncing six ,,,on~hs '" issuance indlcatlnc the staeus of the ~ec: - - . ' ~-~ =nd shall include the Zoiiowinc :-= -- a. Date permitted activity was becun; if work has begun cn-s~e, please so indicate. b Brief de~c~ · ~ -~.~-,on and extent of work {site D~ ~ - r, onitorinc, crea~ . ~e_ wetlands) completed since the previous re~ort or since permit was issued. Indicate on copies of the oermit drawinc~ those areas where work has been ccmp!eted. C ~ ~ · · Br.e~ description and extent of work anticipated in the next six months - ~ ~ · zn~ca~e on copies of the permit s~a.~hq.~ areas . ~ it is anticipated tn~t . ~" sha~ ~ wo.~. · ~i ke done. (2) The P~mitte= aar~=~ to -~ th · --" - .... cc.~ .... y wi :h~ ..... a::d ....... ~DO,,e :/mef~am~ as ~ ~; = . - s~.e~_ led ',zl~h.~. ~he Clam Bay Restoration Management Plan {CBP:{p), , ~.' R ~ ~, ~ A~.achment ,,~,, ,z..ic.. i~ a==ac..e~ ~his nermi~ (z) The m= ~- -: " ' .......... agrees that all studies and reports as a mart of r~ Stormwater/~ ~. ~ ~o ........ d~.~ted wi~h and approved by ~he Cerns. Following ~h~s s~ud'; period, the Permi~tee shall ~-' ~ S iyze ~ ~:ata -ec .....~e..casions based upon the da~a, ]6B1 8.4 PE.~IT NU~{BER: iaa- · ~c02789 (!p-~ PE.~4I TTEE: Col -~-- C~un:y, Pelican Bay Services Divi ~n PAGE 4 '_he e:<:en: suc::=s-=r: by the data, design a plan or 21ans recuce fresh wa-_er discharges into the Clam Bav ecssvs--~-- -..z _. · r ..... e .... ore, approval ' ,' ~ ~ _ _ -~crts, and implementation i~ a ecu~v ....... .o .... =~, contained ~n ~he suudy p~ans shc':!d include studies goals and objectives by which to ackiev~ goals. Th~ m=~i:'== ac~ that ....... ''- - .... i= Corps d~{nes -~-.- aucmen:~:i~- of 5he s~udies objec:ives are necessary ~c obtaL:t ~h~ s-..~.,, - · - ~--i s %'ca~s then approprla~e changes will be ma/= details o= lhe sludies. - e ..... '~, -~ans ~{ ~ on snee~ ~ ~ ~= ~.~n :20 days from the date or the ~e ~- -' -- ==---s tnau further auqmen~a[ion of Study :[o. (Stormwa~er De~enUion Volume & Water Budget Ana!vs~s~ may be necessary ~e-din%- review by the Corps. ~=) ~= m=~t~ agrees ~.~at implementation of ~he s[udles w~!l ccm.r~ence winh~ 180 days from the darn cf '~. or~ ~m~-a~,; daua tomsk!ed within three {3) years from ~he daue of ~hls permit. The P~rmitu~ will erovide a dra~ ~ewc. . ~ ...... -c.ps for review and aD~ro';at wi~in 20 days .sf (E) To ~he e;<ten: suggesued b'/ the data, ~he Pe,'~i;;¢,¢ ~c-¢~s o develcn a u~an to ~d' ~ .... - -- uc~ uoland wauer discharges ~.~.o ~ T~s plan or o!ans are referred ~o as "Upland Wate~ Discharc~ R~d .... ~- ~ .... u,'luR~) and must be .... ,~ for ao:: .... and :he ~-ss wiEhin I?0 da,,.'s fo~,c.w~na -- '--:~,, '7} Once ~he UWDRP Is approved by th~ DEP and the Corps .... Per~ ~¢~ shall sue in nc even= 'ale~ fha- ~ - ~ve (5) yea.= foiiowinc ~ssuance up.!~== a modification to that time = th~ Corps - . =tame is agreed lc by {8} The Permittee agrees to submit the monitoring ~e UWDP.: and any noted modifications or corrective acuLons - ~ nee~__ as reuuireS s'/ ~xe UW2Rp and/or ~he Corps. Furthermore, ~he Permittee agrees ~ha~ all activities described here and in Section 4.5.6 3f -~ nn~z~ wi~i be .... ~ ~ ' '/e~rs frcm :he Ja~e c= zh/s per.mit. PE~Y. iT NLT{BER: 199602789(!P-CC) ..... ~TE_: Collier Countv, Pelican Bay Ser-;i~ Division PAGE 5 .... 16B18 i (~ ?he D~ "' -'- ........ = a~e~= to provide compensator,! mitication for ~h~ 0 31 ~ ~ - - ~ - - · ac__ o prcposed seagrass impact if re-establishment of ~hcse seagrasses los: as a result of the CB~ZD implementation has ccu .... in five years from the date of the permit. This mitigation will be accessed and in accordance wi~h the Habi-~ Equivalency A~nalysis as proposed by the National Oceanic ASmcspheric Administration Damage AssessmenE and Restoras~c:% Program (HEA.doc Nov95). (i0) T.._ Permittee agrees to the foilowinc cond~-~ ~ ~c~.s for any works associated wi~h renourishment of the beach area. a Ail wc~-~ · - ....~,~=! occur outside of ~he ~a ~,~-~= nes~i.~c season. ~ ....... b. The s5andard manatee cons[ruction condiEions shall be included in any contract issued for ~he work. These conditions are a[tached to, and made a ? ~- At~ac]~r. ent "D". ~.a~~ of, this permit as c. Ali beach imuact areas will be tilled uo a dep:h of 3~ inche~ after ~h~ ~!acemen - - ~ ~ of spoil ma-~ Further Information: !. Congressional Authorities: You have been au[ho~zec unaer[ake ~he aciivity described above pursuant (X) Se-=ion i0 of [he Rivers and Harbors Ac- o~ !ns9 ~ -ec.'_cn 404 of the Clean Water Ac~ ( Seo~ion i~ = ., Ma ~- o~ ~e tine Protection, Research and Sanc5uaries Act of !972 (33 U.S.C. 1413) . ..... of th~ ~ ..-~ · ...... ~ ....... ~ does noz obviate zhe need ~o ob:ain oz~ ~ Federal, sca~e, or local auzhorzzations required by law. PEPg4IT NUq4BER: 199602789(~ ,P-CC) PE.Pl4ITTEE: Collier C6unty, Pelican Bay Se~-:~= Division PAGE 6 ......... 16818 b This · pe .... it does not grant any property rights or e×c!usive priv~ieges. c. ?his permit does not authorize any !~,~ .... ' o~ ~,~ -..~~y to the properzy · -~ e~..~5 toes not authorize inuerference with any exissins or proposed Federal projects. --~e~~i Liability. In issuin~ '~Is ~ermit, ~he ~e~_a~ ~overnment ~;~ .... ~ ,~es not assume any liability for the fcl!owinc: a. Damages ~o the permitted project or uses thereof as a -esul~ cf o~he_ permitted or unpermi~ . natural causes. ~-~ acsivit!~ or b. Damages to ~he permitted project or uses thereof as a result 0= CU~? ...... or future activities undertaken by o~ on b ~ ~ of e.,a~~ the United States in the public interest. ~ ~-~-~ ~ ~e .... ~. =u~,,~,d,:o tO rso~s, DroDer~y, or un~erm!5Eed ac5ivisies or s~. t.,is permit. d. Desicn or co~,~:~ fici · e. D=.,=ge claims associated with any = ..... ~ure modif=~-~ suspension, or revocation of this permit. ~.~on, 4. Reliance on Applicant's Data: The determination of this office thal issuance of this permit is not contrary to th~ oubi~ ~--es~ ',;as made ~n r~ia~ on the ~ - · - ' -- ' - ..... ~nfcr,malzon you prcvich_i PE?/4!? NLT~EER: i99602789 (IP-CC) PEP.M!TiEE: Collier C6unty, Pelican Bay Services Division PAGE 7 5 Reevaluation o= · ~ Permit Decision This office may ~, ~].~ ~ its declslon on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation ~ude s~ a _ not ~ m[=es to, the following: a. You fail to comply with the terms and ~ '~ - ' · ~O~a~u~O~S Oi this permlt. b The : = ~ · =n=o~maticn provided by you in support of your permi" application proves to have been false inccmDie"~, or -n=c~_,=ue (see 4 above). Sisni~ · ==c=~= new in= ~-'ion surfaces which Ehis ofr~ce . . ~ ~O-~.,~ ~ - . clc not consider in reaching the origina~ public ~ ~ ~ Su~.. a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation p .... cu~es contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326 4 and 326 5 The referenced en= ~ - · -c~ce ....... procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any correc'ive measures ordered by this office and if you fail to comply w~th s~ch di~ ~ ' - -ec..ve, this office may in certain situations (such as ~hose specified in 33 CFR 209.170) accomplish the corrective measures by con~ract or otherwise and bill you ~o~ the cost. 6 Extensions. G...e~=~ condition i establishes a time limit for the commletion of the c~zv~ty authorized by thI= there are circumstances recuiring either a prompt completion of the au~' ~ ~or_zed l.z~y or a reevaluation of -he public int~ decision, ~he Corps will normally give favorable consideration to a request for an extension of this time limit. PER/~IT Nbqz, BER: 199602789 (IP-CC) ~. PE?d4ITTEE: Collier County, Pelican Bay Services Division PAGE 8 'four signanure below, as Permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (DATE) JameL-~~. W~,.~Dep_.a~tment D.i. rector, Pelican Bay Services Division (PLEASE TYPE OR --,~' ~ ...... ;~2~D TITLE) This permit becomes ef~e..ive when the Federal official, designated to act for the Secretary of the Army, has signed below. (DiSTRiCT -' - --~ - JOE R ,z=~,=~ Colonel, U.S. Army ( DATE ) THiS PEPS.liT CONTAINS _4_ ATTACi~H,iENTS, TOTALING 146 PAGES 16B1B, Attachments to Department of the Army Permit Number 199602789(iP-CC) A. CLA14 BAY RESTORATION M~NAGEMENT PLAN (CBRI4P): The CBR/dP consist of 95 pages B. PERMIT DRAWINGS: 35 pages, dated April 6, 1998 C. WATER QUALITY CERTIFICATION: Florida Department of Environmen~ai ProSec:ion Specific Conditions (DEP) in accordance ~::th General CondiZion number 5 on page 3 of this DA. permit. The DE? 'cecific condi:ions consist of 14 pages. .'.=..at~= Ccnditions: 2 pages 16B1 8~ CLAM BAY ATTACHMENT RESTORATION PLAN A: HANAGEHENT CLAM BAY RESTORATION AND MANAGEMENT PLAN Submitted to the U.S. Army Corps of Engineers and Florida Department of Environmental Protection April 9, 1997 Revised November 24, 1997 Revised December 11, 1997 Project Managers: Ted R. Brown, Akerman, Senterfitt & Eidson, P.A. Hilburn Hillestad, Ph.D. Consultants: Steve Means, Wilson, Miller. Barton & Peek, Inc. Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc. David Tackney, Tackney & Associates, Inc. Robin Lewis, Lewis Environmental Services, Inc. Sam Snedaker, Ph.D., University of Miami Mac Hatcher, Collier County Department of Natural Resource Protection Bill Lorenze, Collier County Department of Natural Resource Protection OR03gTg0.1?FPI TABLE OF CONTENTS 1.0 2.0 3.0 INTRODUCTION 1.1 1.2 1.3 1.4 1.5 Background ............................................... 1 Purpose .................................................. 4 Goals ........ 5 Approach ..... ]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] 6 Management Plan Organization ............................... 7 ROLE OF PELICAN BAY SERVICES DISTRICT 2.1 2.2 Existing Regulatory Framework and Management Authority ...................................... 9 Role of Manager .......................................... 10 MANAGEMENT OPTIONS 3.1 3.2 Education and Public Awareness ............................. 13 Environmental Management ................................. 14 3.2.1 Characteristics of Clam Bay .......................... 14 3.2.1.1 3.2.1.2. Geography ............................. 14 (a) Mangrove Mortality ................... 19 Hydrology .............................. 20 (a) Estuarine Component ................. 21 (b) . Freshwater Component ............... 25 3.2.2 Proposed Characteristics of Clam Bay .................. 28 3.2.2.1 3.2.2.2 3.2.2.3 3.2.2.4 3.2.2.5 3.2.2.6 Clam Pass .............................. 28 Interior Tidal Creeks ...................... 31 Vanderbilt Lagoon Reconnection ............ 32 Seagate Culverts ........................ 33 Stormwater Management .................. 34 Upland Irrigation Water Management ......... 35 0RC26293 ;1/FP1 i 4.0 3.3 Recreation 3,3.1 3.3.2 Current Recreational Component ...................... 36 Proposed Recreational Component .................... 37 IMPLEMENTATION 4.1 4.2 4.3 Approach 4O Management Plan Evaluation, Pianni.ng and Funding ............. 41 4.3.1 Evaluation and Review .............................. 41 4.4 4.5 Implementation Schedule Management Components 4.5.1 Seagate Culverts .................................. 45 4.5.1.1 4.5.1.2 4.5.1.3 4.5.1.4 4.5.1.5 4.5.1.6 4.5.1.7 4.5.1.8 Existing Conditions ....................... 45 Proposed Conditions ...................... 46 Timing ................................. 47 Design ................................. 48 Construction ............................ 48 Post Construction Management ............. 49 Pre Construction Monitoring ................ 49 Post Construction Monitoring ............... 50 4.5.2 Clam Pass 4.5.2.1 4.5.2.2 4.5.2.3 4.5.2.4 4.5.2.5 Existing Conditions ....................... 51 Remedial Alternatives ..................... 59 Design ................................. 61 Construction ............................ 65 Mofiitoring ......' ........................ 66 4.5.3 Interior Tidal Creeks ................................ 68 4.5.3.1 4.5.3.2 4.5.3.3 4.5.3.4 4.5.3.5 4.5.3.6 4.5.3.7 Existing Conditions ....................... 68 Proposed Conditions ...................... 69 Timing ................................. 70 Design ................................. 72 Construction ............................ 72 Post Construction Management ............. 73 Post Construction Monitoring ............... 73 5.0 FIGURES 4.5.4 4.5.5 4.5.6 4.5.7 Stormwater/Freshwater Management .................. 74 4.5.4.1 4.5.4.2 Existing Conditions ....................... 74 Proposed Conditions ...................... 76 (a) Study Number 1 .................. 78 (b) Study Number 2 ................... 78 (c) Study Number 3 ................... 81 (d) Study Number 4 ................... 81 (e) Study Number 5 ................... 82 (f) Study..Nu..m.b.e.r_6:...:, .., .............. 82 4.5.4.3 Conclusion ............................. 83 Ecosystem Enhancements 4.5.5.1 4.5.5.2 4.5.5.3 4.5.5.4 4.5.5.5 Integration and Modification of Exisiting Permits Monitoring Criteria ........................ 84 Withdrawal of Permit Application for Clam Bay Overflow Structure Evolution of Clam Pass Tidal-Channel Network 87 Dead Mangrove Removal and Landscape Restoration Cattails Monitoring ....................................... 91 4.5.6.1 4.5.6.2 4.5.6.3 4.5.6.4 4.5.6.5 Salinity Monitoring ........................ 91 Biological Monitoring ...................... 93 Sediment/Water Quality Monitoring .......... 94 Hydrologic Monitoring ..................... 95 Seagate Culverts Flow Monitoring ........... 95 Contingency Planning · · · ............................. 96 4.5.7.1 4.5.7.2 4.5.7.3 Clam Pass/Main Channel .................. 96 Interior Tidal Creeks ...................... 97 Seagate Culverts ........................ 98 iii INTRODUCTION 1 bB 1 1.1 Background Clam Bay is located on the west coast of Florida in Collier County. (Figure 1. l(a)) Over the years it has remained relatively undisturbed but in recent years, partly as a result of urbanization of the region and land development and partly as a result of implementing water control practices on adjoining lands, modifications to Clam Bay and its associated ecosystem have been observed. These changes are noticeable in how they affect historic freshwater flow patterns as well as salinity and sedimentation regimes. Although changes occurred, Clam Bay continued to be a relatively pristine estuarine environment, and the natural qualities of the system have, in the main, been preserved. By limiting development in the uplands lying east of the estuary and designating the estuary itself as a county preservation area the prospects for its continued success would appear promising. Up' until approximately 1992, Clam Bay was functioning without noticeable threat to the viability of the mangroves and the interrelated ecosystem. However, in 1992 an area of dead black mangroves was discovered west of Upper Clam Bay. (See Figure 1.1(b)) Subsequent investigation of the mortality did not reveal the cause and red and white mangroves were seemingly unaffected by the die-off. First reports limited the geographic extent of the die-off to no more than 7 acres. In 1995 significantly larger areas of'mangroves were dying and as of April 1996 the acreage of dead mangroves within the Clam Bay system was approximately 50 acres. (Turrell, 1996; Collier County Report, 1996). More recent investigation suggests that the system has remained relatively stable, but still under considerable stress. Although there is some indication of regeneration in the areas of prior die off (Figure 1.1 (c)) other areas exhibit sig_ns of increasing stress. (See Figure 1 .l(d)). In response to this die-off a number of interrelated initiatives were undertaken by both the public and private sectors in an attempt to: (1) determine the cause of the die-off and, (2) slow the die-off and initiate limiied' restoration. Those efforts all produced meaningful data that has and will contribute to the understanding of the system that we have today. As a result a variety of related permit applications were prepared by WCI Communities, L.P., The Pelican Bay Services Division and Collier County. The applications proposed to alter the operational characteristics of the.Clam Bay system, primarily by altering the temporal extent and quantity of water within the Clam Bay system. First, Collier County processed a permit to dredge limited areas of Clam Pass to facilitate the movement of tidal water in and out of Clam Bay. The USACOE permit for this activity was issued on April 2, 1996 with the companion FDEP Permit being issued on March 28, 1996. The latter was modified April 10, 1996 with the authorized work being undertaken and completed on April 17, 1996. The practical effect of implementing this Permit was to reopen the Pass, but it now seems clear that without a more comprehensive strategy, this effort, standing alone, will not revitalize the Clam Bay ecosystem. Second, a permit to improve channel flow within defined areas of the Clam Bay system by a combination of blasting and hand excavation was issued on June 26, 1996. The work was undertaken and completed in two segments. The first channels were opened in August, 1996 and the second chanhels were opened in November, 1996. The results of these two initiatives are positive in that measurable improvements in tidal flow are discernible and with that has come improved conditions for natural revegetation. Third, a permit was issued on January 5, 1997 to construct a portable pump and pipe system as an in_terim measure to divert freshwater within the Clam Bay system to the Gulf while a more permanent solution contemplated by the construction of an out'fall structure was reviewed. This plan envisioned two pumps that would be operational when the water surface elevation within Clam Bay exceeded a specified threshold. The ORO426~O:1/FPl 2 15B1 plan anticipated the direct discharge of excess water into the Gulf with the expectation that this system would augment the natural discharge through the tidal mechanism after severe storm events. Fourth, is an effort to provide a mechanism for discharging excess stormwater directly to the Gulf by construction of an overflow or out'fall structure on a permanent basis. When complete, the system as proposed,'would allow.water, within the Clam Bay to be maintained at predictable levels and like the portable pump and pipe system described above, provide for additional discharge capacity. The disposition of this application is discussed in Section 4.5.5.2 below. Lastly, Collier County has authorized the pursuit of a ten year permit to allow the County, or its designee, to maintain Clam Pass in an open condition. The application, as filed, does not address any other issues affecting the operational characteristics of Clam Bay and essentially mirrors the Permit described in paragraph "First" above. It is anticipated that a modified version of the permit as applied for will have been issued and implemented prior to final agency review and approval of this Management Plan. The permit to be issued pursuant to the pending application is anticipated to be for a period of one year and to allow only modest excavation within a discreet area of Clam Pass. Various other initiatives have from time to time been proposed, reviewed, and discussed by groups and individuals, both publi~: and private, in a continuing effort to manage and preserve the Clam Bay ecosystem. The land use patterns surrounding Clam Bay are primarily residential with complimentary retail, office and hotel development. The restrictions on development and use activities resulting from both the imposition of land use regulation and restrictions have helped preserve the conditions of Clam Bay, but the increased urbanization of portions of the drainage basin that drains into Clam Bay has contributed to physical, chemical, and biological changes to Clam Bay. The Pelican Bay Services Division (PBSD), both as a representative body for the resident base of Pelican Bay and as an operative division of Collier County government, considers Clam Bay an important natural resource, not only for the Pelican Bay community, but also for the State of Florida and Collier County. As a result the PBSD seeks to devise and implement, a Management. Plan .for..the whole of Clam Bay, including Clam Pass. The Management Plan is intended to assure control over public recreational uses, improve the ecological productivity of the bays, and preserve and enhance the natural resources and multiple, beneficial uses of Clam Bay. To do so the Management Plan addresses the Pelican Bay development and the Clam Bay ecosystem as an integrated whole; recognizing that both systems interact with and contribute to the other. The Management Plan for Clam Bay is contained in this document. The PBSD has developed this Management Plan with a goal of implementing a series of immediate or short term adjustments to the system as well as creating a guidance document for the long-term management of Clam Bay. It is recognized that as management protocols are implemented, monitoring conducted, and the demands on the natural ecosystem change, new challenges and opportunities will develop beyond those presented in this plan. The PBSD is aware that changes will occur and has developed a Management Plan that is dynamic and can be modified through time while still meeting the PBSD's goals. The schedule discussed below provides for a yearly review of the management protocols, selecting management protocols for future implementation and modifying protocols to address changing needs. The management protocols to be implemented are based on a priority of importance resulting from a decision matrix generated by a review of the environmental history of Clam Bay as reflected in various data sets, reports, studies and interviews, the majority of which are summarized in a repo~ dated September 19, ~@9~ entitled "Clam Bay Ecosystem ~ana§ementi An Oppo~unity" (the "Report"). The Report has been used to select those management protocols that meet the goals established by the PBSD and related and interested stake holders. The long-term goal of the Management Plan is that it be used as a tool for evaluating new management options, as well.as.existing protocols-as .circumstances require. It should be used minimally, on an annual basis, for reviewing any new issues or options, as well as for evaluating existing operational protocols. These analysis will assist in the prioritization for implementation in the next ensuing year. As new management issues develop and others are resolved or implemented, the Management Plan can be updated to reflect the current and future needs of Clam Bay. This Management Plan has focused on a defined set of protocols and goals as described below. 1.3 Goals The goals established by the PBSD for the Clam Bay Management Plan are: · restore the hydrology and efficient tidal flushing to Clam Pass and the interior tidal creeks; · restore the habitat values of the Clam Bay ecosystem and diversify the same; · satisfy the'stormwater'discharge, including irrigation and water quality requirements necessary for the continued development of Pelican Bay, exploring how those might be adjusted to accommodate the needs of the Clam Bay ecosystem; · consider the development and implementation of a best management pra. ctices program to assist in modulating irrigation requirements for the developed areas of Pelican Bay; · develop a contingency plan for the continued maintenance of Clam Pass and the interior tidal creeks; CR042680:i/F?l maintain the .storm surge attenuation values of the mangrove forest; continue limited human intrusion into mangrove forest and under controlled circumstances; develop operational protocols that allow the permit holder the flexibility to respond to changing circumstances under defined parameters; and accelerate the revegetation of the barren area by planting those species most appropriate to the specific site conditions. .. The balance of this report discusses the immediate needs of Clam Bay, the suggested maintenance and rehabilitation requirements of Clam Bay after initial retrofitting, and seeks to provide the guidance and protocols to accomplish the objectives of the plan. 1.4 Approach The approach used to develop the management plan utilized a multi disciplinary team. The PBSD selected the team ' approach because of the complexity of the Clam Bay system. For example, the presence of loggerhead sea turtles (Caretta care~Ia), a threatened species, the concern for freshwater inputs, the maintenance of adequate tidal flushing, and recreational uses are but a few of the issues that make management of Clam Bay a dynamic issue. The multi disciplinary team was headed by Ted R. Brown and Hilburn Hillestad as project managers. The consultant team consisted of: · Steve Means and Dorot'hea Zysko of Wilson, Miller, Barton & Peek, Inc., environmental and civil engineers; · David Tackney of Tackney & Associates, Inc.,hydrological and coastal engineers; · Robin Lewis of Lewis Environmental Services, Inc., environmental co0sultant; · Sam Snedaker, Ph.D. of University of Miami, environmental consultant; and 6gl Mac Hatcher and Bill Lorenz of Collier County Department of Natural Resource l~rotection. The approach used by the PBSD to develop the management plan included several supporting tasks. First, a technical assessment was conducted that included a bibliographic search of available information relating to Clam Bay. This included a review of environmental, engineering.data, and .computer modeling of various operational characteristics of the Clam Bay ecosystem. This technical information was gathered to provide a better understanding of Clam Bay and the required up-to-date and relevant facts needed to develop a workable and successful management plan. This information was compiled to evaluate management options in relationship to their potential for meeting the goals of the Management Plan. A variety of management options were considered and not all are reviewed here. The management options were evaluated with one overriding objective Jn mind; restoring the ecological productivity of Clam Bay and in particular, the productivity of the mangroves within the Clam Bay ecosystem. Based on local public input, directives from Federal, State and local government, technical studies and fiscal considerations a total of five (5) management protocols were selected for implementation. They are set forth Jn Section 4.0 of this Management Plan. 1.5 Management Plan Organization The Management Plan is organized and discussed under the following major topics: · Role of the PBSD; · Ed_ucation and Public Awareness; Environmental Management; and · Management Plan Implementation. CRO42680;1/FP1 7 In the section entitled the Role of the PBSD, the report discusses a framework for the PBSD to become not only a clearinghouse and coordinator for activities relating to the Clam Bay, but also the primary manager of the implementation protocols. The Education and Public Awareness section discusses the management options for enlisting public support and educating the public relative to the importance of Clam Bay as an ecological resource. The Environmental section discusses associated and selected environmental attributes of Clam..Bay-and .how.they point to various management options leading to implementation. The Management Plan Implementation section discusses guidelines for implementing the Management Plan, a proposed schedule for implementing the Management Plan and potential lundin§ sources for the implementation of the Management Plan. ORO426~O;1/FPi 8 2.0 ROL'E OF PELICAN BAY SERVICES DISTRICT 2.1 Existing Regulatory Framework and Management Authority Numerous federal, state, county, local government agencies and concerned citizens are involved in some aspect of management,.regulatory control or other activities relating to Clam Bay. For the long-term management of Clam Bay to be successful, coordination among these disparate groups and agencies is critical. The PBSD's position as a unifying force and manager is a logical outgrowth of its initiation of this process. The PBSD is a dependent special district known as the Pelican Pay Municipal Services Taxing and Benefit Unit. As such, it was formed pursuant to Chapter 125, Florida Statutes, and was activated under enabling legislation passed by the Collier County Commission in Ordinance No. 90-111 and 91-22. It was creaied to, among other things, provide for the "maintenance of conservation or preserve areas" within Pelican Bay. This charge is consistent with the proposed management prerogatives contemplated under this Management Plan. As a dependent special district, the PBSD is an arm of local county government and as such does not enjoy the unfettered right to make decisions concerning the implementation of the Management Plan independent of the wishes of the Collier County Commission. The district's budget, and therefore its capacity to control its work and project undertakings, is controlled by the Collier County Commission. In practical application, this has not proved problematic, as the Commission has routinely approved the suggested undertakings of the PBSD and the Commission has authorized this application and the Management Plan. The PBSD implements County policy within the confined geography of the Pelican Bay community and the defined responsibilities of the PBSD. The PBSD sets its own agenda and routinely submits the same to the County Commission for approval. The actual workings of the relationship suggest therefore, CRC426~O:l/F91 ~ III 16B18 that the PBSD has experienced a significant degree of practical autonomy and that is expected to continue here'. The result is that the PBSD will be the official manager of the Management Plan with delegated management prerogatives to be implemented consistent with Ordinance No. 90-111 and 91-22 of Collier County. 2.2 Role of the Manager As the official manager of the Management Plan, the PBSD will direct and have responsibility for its implementation and operation over time. As such, the PBSD will plan and implement identified management protocols. The objectives of these management protocols will be to protect, enhance, and maintain the natural resources and the ecological value of Clam Bay. The PBSD has several attributes which already make it a unifying and guiding force in the management of Clam Bay. These attributes include: · Located within the Clam Bay drainage basin; · Advisory board appointed by the County Commission from residential, business and landowner communities within Pelican Bay; · Fiscal support from local benefit assessments; · Accessible by the public - local governing board monthly public meetings; and · a demonstrated commitment to the resource and its preservation and enhancement. These attributes give PBSD the knowledge and expertise in matters of local concern and, in particula.r, being made aware of problems, opportunities and interests of local residents, particularly as they relate to the Clam Bay ecosystem. Its relationship by operation of law to the County Commission give it an additional level of access to expertise and oversight, necessary to assure that contemplated here, is fully implemented in the field. the Management Plan, as As part of its responsibilities, the PBSD will assemble and dispense various technical reports and assessments as required under the Plan, as well as, provide for coordination among various public and private groups interested in Clam Bay. There are a variety of permits required by a various natural resource and environmental regulatory agencies in the ongoing administration of Clam Bay. For the PBSD to have meaningful impact on the management of Clam Bay, it must have full knowledge of all regulated activities and the agencies which administer them. This, together with knowledge and information about activities that may result in potential negative environmental consequences and the probable reaction of the various regulatory agencies having jurisdiction over the resource, is invaluable to the ongoing administration of the Management Plan. The PBSD is organized for and designed to maintain both its knowledge of the Clam Bay resource and to generate enhanced public support for the same. The PBSD has identified and recognizes the following needs: the need for broadening the base of public support and involvement; the need to develop focused scientific and political expertise; the need to develop accountability, both short term and long term; the need to insure pres'ervation and enhancement of the data base; the need to develop enhanced citizen participation; the need to have a structure around which government agencies can interface with the plan managers and vice versa the need to minimize, and eliminate, duplication of effort. The PBSD will insure that the general public resident in Pelican Bay, PBSD consultants when appropriate, and representatives from government agencies with jurisdiction over Clam Bay each have ongoing involvement in the appropriate. administration of the Plan as To that end, the PBSD will design a mechanism for bringing the selected agencies together to review and discuss their respective positions with the PBSD. These discussions will focus on both the ongoing implementation of the Management Plan and concerns for future modifications to.the same...Additionally, the PBSD will allow input from consultants and the resident base, as well as, the general public. The mechanics for incorporatin§ these protocols into the operational characteristics of the PBSD will be developed following approval of the Management Plan. 3.1 .3.0 MANAGEMENT OPTIONS Education and Public Awareness 16B18 One of the most important management protocols is to increase education and public awareness of the issues affecting Clam Bay, For the Clam Bay Management Plan to be successful, and the PBSD to fulfill Rs. role.as a. coordinator and manager, public involvement will be a necessity. The PBSD already has several ongoing projects that encourage public involvement. Primary among these is their monthly meeting. The PBSD needs to educate the public and enlist their support for the Management Plan to be a success. An important aspect of enlisting public support is to inform and educate them to what the PBSD has done in regards to furthering the understanding of the Clam Bay and the PBSD's 'goals and objectives for managing and preserving Clam Bay. The PBSD will develop an enhanced "Constituent Relations Program" for information dissemination. This program will be managed by PBSD staff and focus on presentations for group meetings both inside and outside the Pelican Bay community. The program could also-be used as'a tool to raise donations and to find and educate potential funding agencies. It will be updated as needed to reflect the accomplishments of the PBSD, the Management Plan and future objectives. Because the implementation of this option is beyond the present manpower capabilities of the PBSD staff, it will of necessity, require substantial assistance from the base, civic groups and city, county and state governments. ! 16B18 The goal is to make sure at the be§inning of the implementation of the Management Plan, that expectations'are managed and that as implementation proceeds, the accomplishments of the Management Plan can be recorded and disseminated to ensure that first; the constituency served by the Management Plan is fully informed; second, the government is abreast of all development affecting the resource and the Management Plans impact upon it and third, an ever larger base of informed citizens is able to make rational decisions for future adjustments to the Management Plan. 3.2 Environmental Management One of several reasons for promoting a Management Plan for Clam Bay was to identify enhancement, restoration, habitat protection and monitoring requirements for the Clam Bay. The elaboration of these requirements is important to the Management Plan for a variety of reasons. First, the enhancement of existing habitat and the restoration of damaged or lost habitats will necessarily improve the productivity and environmental quality of Clam Bay. This direcily addresses one of the management goals, to enhance the productivity of the marine estuary. Second, monitoring of the identified important parameters will provide the information needed to determine the effectiveness of the implemented management protocols, identify long-term changes, and identify future management needs. 3.2.1 Characteristics of Clam Bay 3.2.1.1 Geography Typically, wherever coastlines are protected from the direct action of waves, the area between tides (in_tertidal zone) supports salt tolerant wetland vegetation. At Clam Bay the intertidal community is the mangrove forest. The mangrove forest at Clam Bay is structured and behaves as expected for a normal mangrove forests of the type found in the coastal regions of South Florida. (Lugo 1976). 14 1 SB_l_ 8 Clam Pass is part of the Clam Bay system which consists of three primary bays; Cuter Clam Bay, Inner Clam Bay and Upper Clam Bay. (See Figure No. $.2.2.1(a)). The three bays are connected by a series of tidal creeks and all receive runoff from adjacent upland and wetland areas. (Turrel11995; Tackney 1996). Outer Clam Bay, the largest of the three bays, connects to an interior channel that connects to the Gulf of Mexico by way of Clam Pass. Tidal range is restricted throughout the Clam Bay system. (Turrell 1995; Collier County Report 1996; Tackney I996). Clam Pass is a small, marginally stable inlet that has migrated north and south along the shore over the years. The Pass remains the primary source of tidal exchange for the Clam Bay system, but it is restricted by sediment deposits just inside the pass and in the long meandering tidal creeks surrounded by mangrove forests. The smaller embayments located primarily to the north of the pass are not subject to normal tidal exchange except during exceptionally high tides. (q'ackney 1996; Turrel11995). The system is bounded on the north by Vanderbilt Beach Road, to the south by Seagate Drive, to the east by the Pelican Bay Development and to the west by the Gulf of Mexico. The development of Pelican Bay had a limited impact on the wetlands themselves (approximately 78 acres located in the northwestern corner of the property) leaving the mangrove forest intact and preserved around the bay. (Tackney 1996; Wilson, Miller et.al. 1996). The development landward of the mangroves required a stormwater management system which was designed to and does spread runoff along the eastern edge of the Clam Bay estuary. (Collier County Report 1996). At the extreme northwest end of the system and continuously along the eastern edge of Clam Bay, runoff into the bay occurs. (See Figures No. 3.2.2.1(b) and (c)) (Collier County Report 1996; Wilson Miller et.al. 1996). A b_erm separates the developed portion of Pelican Bay from the estuary lying to the west of the development, but numerous culverts through the berm discharge water to a swale system along the eastern perimeter of Clam Bay. (Wilson, Miller et.al. 1996). 16B18 Clam Bay, now designated a Natural Resource protection Area by the Board of County Commissioners of Collier county, consists of approximately 540 acres of mangroves and some 30 acres of open water bays /¥ Lodge (1994) in "The Everglades Handbook" discusses the ecological requirements, characteristics, and the contribution of mangroves to coastal ecosystems. He observes that mangroves are tropical trees, adapted to.salt water.and the rigors of living in areas of persistent tidal exchange. Three species of mangroves are found in Clam Bay: the red mangrove (Rhizophora Mangle), the white mangrove (Lagunculafia racemose) and the black mangrove (Avicennia germinans). The red mangrove is adapted to its intertidal habitat by its aerial or "prop" roots. These roots form the support for the tree, reaching out in all directions from the trunk. Red mangroves normally occupy the channel edges and outer locations of mangrove swamps where the tidal influence is most pronounced. The white mangrove typically occurs at higher elevations within Clam Bay ecosystem adjacent to the edges of the black mangrove wetland, and adjacent to the uplands when these area are fairly well drained. The species may occur sporadically elsewhere especially near the fringes of the small intedidal drainage systems. The black mangrove h'as adapted to life on saline, hydric anaerobic soils. A characteristic that distinguishes the black mangrove species is that it has a distinct horizontal root system consisting of long cable roots with small extensions called pneumatophores rising above the sediment and anchoring roots extending deep into the sediment. Pneumatophores function to allow the tree to exchange gases and by doing so allow the tre.e to survive in the interreaches of the intertidal zone where the tidal action is very sluggish and where shallow flooding may be prolonged. This root characteristic also makes the black mangrove susceptible to stress when the mean water table elevation rises above the horizontally-flattened base of the tree trunk and i the cable roots. Those species with a vedical root architecture, like the red and white mangrove, are not similarly affected. (Snedaker pets. corem, 1996). In general, mangroves maintain a high portion of their total living biomass below ground. Whereas, the root system in most other trees represents 20-30 percent of the living biomass, in mangroves it is between 40-60 percent. This suggests that any stress on the root system of mangroves has a .significant effect.on the.health of the trees. (Snedaker pers. comm. 1996). There are three processes of the black mangrove forest which are applicable to the Clam Bay ecosystem. These three processes are briefly reviewed here. Salt balance: Salt is available to the black mangrove forest from a variety of sources, but the normal tidal exchange is the most important. Black mangrove can tolerate a marginally higher sediment salinity than the other mangrove species but can be affected adversely by an excess accumulation of salt. In a natural setting, a potentially toxic accumulation of salt is prevented by dilution and leaching by rainfall and washout on outgoing tides. Accordingly, the transport of dissolved and diluted salt back to the Gulf is critical to the health of the black mangrove. Organic matter budget: Like the salt balance, the organic matter budget is intimately related to the flushing component of the tidal cycle. It is generally recognized that even in the best of circumstances only 60-86% of the decomposing matter generated by the black mangrove forest is consumed on site. Accordingly, the balance is exported. This export is in the form of highly fragmented or dissolved organic matter fractions and as such is dependent upon tidal flushing. Water budget: Water enters the Clam Bay system through rainfall, freshwater run-off and through the influx of seawater. It leaves via evaporation from water surfaces, transpiration from leaves and run-off to the Gulf. Since evapotranspiration rates within !6B18 the black mangrove forests are relatively Iow it follows that the black mangrove forest must freely drain or else water logging occurs that quickly leads to stress and moAality. Rainfall in South Florida contributes about 53 plus inches of water per year and most of that occurs in the wet season. Additional freshwater inputs to this system occur from groundwater flow and from irrigation in the developed portions of Pelican Bay. The latter amounts to.about 26 to 28.inches of ~'ainfall equivalent every year. When this amount is added to normal rainfall, the export capacity of the system to the Gulf becomes critical, especially when considered in the context of the need to transport the organic matter and salt described above. The combination of these mangrove species and other intertidal vegetation makes mangrove forests extremely productive natural resources, but their productivity depends on the right combination of tidal "flushing" (movement of water and suspended material in and out of the estuarine wetland) and freshwater run-off to maintain their ability to function. The freshwater input dilutes the high salinity of marine waters, thereby reducing the effort needed by the mangrove to exclude or excrete salt. This allows more of the trees' energy to be directed to normal growth and maintenance. Tidal flushing also allows nutrients to be distributed within the forest and provides for the transportation of dead leaves, twigs, etc. As these materials decay, they become food for marine life. It is this mangrove detritus which is consumed by the many organisms at the base of the food chain and which in turn create the next level of the food chain necessary to support the fish populations that characterize the mangrove community. It is the combined interaction of fresh and salt water through tidal flushing that is critical to the ability of the mangrove forest to sustain itself. It follows therefore, that anything that materially d!srupts the maintenance of the flushing component threatens the long term viability of the mangrove forest itself. (a) Mangrove Mortality 16B18 The death of mangroves within Clam Bay was seemingly confined to black mangroves, or in areas categorized as basin forests. The death of trees occurred around hyper saline ponds and is consistent with conditions caused by periods of excessive.inundation.of, freshwater, followed by periods of continuous dry down, particularly where the mechanism for flushing is impaired. (Lugo 1976). During the period immediately preceding the observed die off, and during the period following, Clam Bay received record amounts of rainfall. This rainfall, when coupled with an admittedly impaired circulation system and intermittent pass closure, resulted in water levels that "were high enough for a long enough period of time to suffocate the root systems of black mangroves..." (Hatcher 1995). It should be noted, however, that the death of trees around hyper saline ponds is a process that is now occurring for a variety of reasons elsewhere in Florida and the Caribbean and is not necessarily evidence that the forest is in a state of irretrievable decline. The presence of new seedlings confirms that these conditions may well be able to return. (Lugo 1976; Snedaker pers. comm. 1996). Presently the black mangrove die- off area or dead zone appears to be transitioning into a highmarsh community consisting of saltwort (Bails rnaritirna) and glasswort (Salicomia virginica)(Johnson 1996). Further, there is abundant evidence of the re-emergence of mangroves as well. The die-off area is contributing to a diversification of habitats within the Clam Bay area giving rise to significantly increased use of portions of the site by foraging wading birds. (Johnson 1996). The interim remedial efforts described earlier and in particular the dredging of Clam Pass and the opening of several of the impacted tidal creeks by blasting and hand excavation have had the desired effect of improving the circulation of tidal waters within the system. (See Sections 4.5.2 and 4.5.3 below). (Lewis pers. comm. 1996; Means B18 pers. comm. 1996). Rainfall for 1996 has returned to a more normal part r although somewhat drier, but Clam Pass itself continues to accumulate sand and suggests that future excavation will be required to maintain the pass in an open and fully functioning condition. 3.2.1.2 Hydrology The hydrological regime, sometimes referred to as the surface water or surficial hydrology, is the most critical factor for mangrove maintenance. This is because the surficial hydrology has horizontal and vertical components which serve two key ecological functions although on differing spatial scapes. With respect to the horizontal component, incoming water into a mangrove wetland brings with it nutrients, dissolved oxygen, and marginally lower salt concentrations. Conversely, the outgoing water leaving a mangrove wetland removes metabolic waste products (e.g., carbon dioxide, toxic sulfides) and excess salt. The vertical component refers to incoming oxygenated nutrient-enriched water that percolates down into the sediment and root zone, and the sediment drainage, on falling tide, the removal of metabolic wastes and excess salt. (Snedaker pers. comm. 1997) Il is the inflow and outflow of sea water that is critical to the ability of the mangrove forest to manage these two ecologidal functions and as such dissipate salts, organic matter and freshwater. It follows that anything that affects the system and alters the ability of the system to perform these functions, will, in most instances, cause stress to the system and, at some point in time, result in the death of the system, or portions of it. Tolerances are ,,'Fide and stress is to components of the system and while death is rare, recovery is. slow. (a) Estuarine Component The Clam Bay system was originally part of a larger tidal system connected to the Gulf of Mexico by three tidal inlets; Wiggins Pass, Clam Pass and Doctors Pass. (Turre!l 1996). During the early 1950's this system was isolated from adjacent bays by the construction of Seagate Drive to the south and the construction of Vanderbilt Beach Road to the north. The practical-effect was.to, leave Clam Rass as Clam Bay's only connection to the Gulf. In 1976 culverts were placed under Seagate Drive to provide some exchange from Venetian Bay (a residential sea wall bay system) and improve water quality in the Doctors Pass area. The USEPA in 1975 suggested that the culverts be constructed to only allow flow to the north and to set inverts of the pipes of 1.0 ft. msl to protect the sea grass meadows in Outer Clam Bay. The invert elevation was achieved but water was allowed to flow both ways through the culverts and this rwo way flow persist today. (Tackney 1996: Collier County Report 1996; Wilson, Miller et.al. 1996). Hydrologic studies indicate that the tidal flushing capacity of Clam Bay is limited and almost insignificant in Upper Clam Bay. The preliminary hydrographic assessment of the Clam Bay system prepared by Tackney & Associates, Inc. (August 1996) demonstrates rather dramatically that there is a significant reduction in tidal range between the middle boardwalk and Inher Clam Bay. Tackney describes the flow in that area as "measurably reduced" and "very inefficient". This connecting tidal creek is the key conduit for tidal input and outflow to the northern reaches of the Clam Bay system and its constriction and the ancillary constriction of tributaries connecting to it, impact the quantity and quality of the flushing that can occur in Inner and Upper Clam Bay. (concurring Lewis pers.comm. 1996; Collier County Report 1996). As noted earlier, it is the daily rise and fall of the tide and the exchange of seawater between Clam Bay and the Gulf that are critical to the ability of the mangrove forest to 16B18 export both organic matter, and excess salt and freshwater as well as receive oxygen rich water and nutrients. (Snedaker pers. comm. 1996). The greater the tidal amplitude (or tidal prism) the greater the benefit to the mangroves - more needed resources are delivered and more wastes are removed. Conversely, in the absence of surface water circulation or tidal activity, mangroves slowly die due to deleterious changes in the sediment: (1) in the absence of ox'ygenated water, the sediment became anaerobic or anoxic, and (2) metabolic.wastes and hydrogen., sulfide . accumulate in the anoxic sediment. The consequence is that the root systems dies and eventually the whole tree. (Snedaker pers. comm. 1997). Note that the tidal exchange mechanism that is critical to the health of the black mangrove forest is, within this ecosystem, seriously constrained. (Turrel11995). Another key aspect of the surficial hydrology is the vertical location of the mean high water level elevation relative to the mangrove sediment elevation. Specifically, the mean surface water elevation, or more importantly, the mean Iow water (tide) elevation, has to be sufficiently lower than the mangrove sediment elevation in order for mangrove sediments to drain during Iow tide. A persistent high surface water elevation stops sediment drainage and, as above, results in sediment ano×ia and the accumulation of toxic waste products. (Snedaker pers. comm. 1997) It should be observed that the black mangrove forest does not require the kind of intense flushing that is more typical of the red mangrove systems in order to maximize its productivity. However, the total absence of meaningful exchange is most certainly a contributor to the significant degradation of the black mangrove system within Clam Bay. (Snedaker pets. comm. 1996; Tackney 1996; Lewis pets. comm. 1996; Johnson 1996). In this context Tackney observes that even in the absence of rainfall, the average water surface elevations for the inner bays are higher than the average surface elevation for the Gulf. Analysis of the tidal data indicates that average water surface elevations in the Inner and Upper Clam Bays are both super-elevated above the average Gulf water surface elevation by approximately 0.2 feet. This indicates that the tidal range in Inner ]6 1 and Upper Clam Bays is muted and that the system is receiving significant additional water through runoff and restricted capacity to drain additional inflow. In fact, during portions of the Tackney study no tidal fluctuation was noted in the Upper Clam Bay and only marginal tidal effects were observed in Inner Clam Bay. The tide in the Naples area is classified as a mixed tide with significant diurnal and semidiumal components, or stated differently, on most days the.system will experience two tides and for a few days each month there will only be one significant tide. (Turrell 1995; Tackney 1996). Tackney's study was intended to identify the hydraulic characteristics of the Clam Bay system and to determine if the bathymetry and geometry of the tidal creeks and bays caused or resulted in excessive periods of high water surface elevations in the Inner and Upper Clam Bays. (Tackney 1996). Tackney's study of measured tide levels within the system indicated that, as expected, tidal amplitudes diminished with increasing distance from Clam Pass, In certain areas, however, the reductions were extreme. In Upper Clam and Inner Clam Bays, for example, the average tidal ranges were less than 0.4 feet while the average Gulf tide was slightly greater than 2 feet. Even in Outer Clam Bay, which is less than 3000 feet from the pass, the tidal range was less than half the Gulf range. The reduced tidal ranges were also accompanied by relatively large phase lags. The phase lag is the average time delay measured in hours and minutes be~',,een the occurrences of slack (high or Iow) water in the Gulf of Mexico and the measurement stations. It is affected by both the distance betv,,een measurement stations and the amount and quality of hydraulic resistance of the connecting channel. The longer the distance and the higher the resistance, the more pronounced one would expect the phas& lag to be.. In the upper bays, high and Iow waters generally occurred over three hours later than the Gulf tides. Yhese conditions indicate that the tidal creeks connecting the interior bays are hydraulically very inefficient. As a result, the upper bays are prone towards extended periods of flooding as a result of freshwater runoff and the inability of the system to drain efficiently. During Tackney's field studies of May, 1996, rainfall of approximately 4 inches in three days was adequate to flood the Upper Clam Bay above high tide levels and sustain this flooded condition for over two days. Accordingly, we conclude that the creeks and bays that serve to connect the Inner-and.Upper- Bays-are significantly less efficient in the ebb tide stage than they are in the flood stage. Studies undertaken by both Lewis Environmental Services, Inc. and Turrell & Associates inc. would support this conclusion. (Turrell 1995; Lewis pers. comm. 1996). The system takes on and retains significantly more water than it is presently able to discharge. (Lorenz and Hatcher pets. comm. 1996; Lewis pers. comm. 1996, W~lson, Miller et. al. 1996; Snedaker, pets. comm. 1996). An additional hydrological impact on Outer Clam Bay is contributed by the Seagate culverts. As noted, three, 24-inch culverts were installed at the Seagate crossing in 1976 to provide some tidal exchange between the Clam Bay area and the Venetian Bay to the south. The culverts were allowed to flow both ways. The currents through the culverts are high, with maximum velocities exceeding 5 feet per second. This Js measurably higher than the currents in the tidal creeks of the Clam Bay system. Tackney notes that sligh[ly less than One quarter of the tidal prism (the exchange water volume in any tidal cycle) of Outer Clam Bay is from Venetian Bay via the Seagate culverts. This is consistent with current observations as the system freely exchanges water from Venetian Bay to Outer Clam Bay. Ground water inflow into the bay system is minimal.(Tackney 1996; Lewis pers. comm. 1996; Martin 1996). ].6B1 B Finally, an additional attribute of the system that is directly related to tidal prism and the quantity of inflow and outllow is the question of inlet stability. Inlet stability refers to a tidal inlet's capacity to adequately scour out deposited sediments and prevent inlet closure. For a given wave environment, inlet stability is governed primarily by the volume of water (tidal prism) carried by the inlet. To remain stable, an inlet must have the characteristic that a temporary constriction in cross sectional area produces an increase in current velocities adequate to scour, out the.constriction. A corollary to Tackney's observations is that the velocity of the water entering the intertidal zone on a rising tide is slower than on the subsequent falling tide. This is because water movement is slowed by surface friction whereas on the outgoing tides the bulk of the water experiences no surface friction. (Snedaker pers. comm. 1996). Note, however, that since the duration of the ebb tide is also increased (Tackney 1996), the drainage velocity of outgoing tide water is decreased. This translates into a longer total period of inundation and a loss of the scouring potential. To function without mechanical intervention, the system must generate sufficient v$1ume 9f water on the ebb tide to scour out the inlet naturally, otherwise the inlet will. over time. continue to close. (emphasis added) This is particularly true during periods of high wave activity and Iow tidal ranges. ('T'urrell 1995; Tackney 1996). The five closures of Clam Pass that have occurred in the past twenty years indicate that stability of Clam Pass is marginal. (Turrell 1995; Tackney 1996) (b) Freshwater Component Under predevelopment conditions, much of the area's rainfall was held on the surface of the land in sloughs and other low areas. This water would either slowly filter through the soil to recharge the shallow aquifer or move through the mangrove community to the bay. Less than ten inches of the approximately 53 inch average rainfall is estimated to have been lost from the uplands east of Clam Bay as surface runoff. The storage capabilities of the land thus moderated surface flows, preventing extremely high flow CRO426~O;1/F~1 2~ ~ates during the rainy ~ea~o, and serving to maintain so,face flow an~ groundwater flow during t~e ~y se~son. (~DKR ~981). In 1977 the Pelican Bay Planned Unit Development was established by Westinghouse Communities, Inc. The development contains a mixture of residential, retail, commercial and recreational facilities and lies east of Clam Bay. As a condition of development, Clam Bay, the area that lies westof the Pelican Bay and.consist of-approximately 530 acres of mixed mangrove forest and wetlands was designated as the Pelican Bay Conservation Area. As such, it was designated for conservation but with limited recreational access. The development of Pelican Bay had limited fill impact to the Clam Bay system, but it did modify the pattern of freshwater entering the Clam Bay system. (Wilson, Miller et.al. 1996). It is these modifications which may need further analysis. The stormwater management system as designed, permitted and implemented at Pelican Bay employs a series of detention ponds, swales and culverts to regulate the discharge of run-off into Clam Bay. Discharge occurs almost continuously along the eastern perimeter of the conservation area. Run-off from the northern end of Pelican Bay is collected and discharged into Upper Clam Bay. Irrigation water for 27 holes of golf and landscaping in Pelican Bay is obtained from the Pelican Bay Waste Water Treatment System, the Pelican Bay'offsite well field and from Collier County's North Naples Wastewater Treatment Facility. (Ward pers. comm. 1996). The relative contributions of each of these systems is approximately 0.68 MGD, 1.02 MGD and 1.43 MGD, respectively. The combined average volume from these three sources is approximately 3.0 MGD which approximates 26 inches per year of additional rainfall equivalent, (Wils. on, Miller et.al., 1996). When added to the average rainfall for South Florida of approximately 53 inches per year, the local area has an effective rainfall of approximately 80 inches plus annually. This is significant, particularly when viewed in the context of predictable storm events that have the potential for altering the amount of average rainfall entering the Clam Bay system. Additionally, the 3 MGD (an average) "rainfall equivalent" is a ~ event for the Clam Bay watershed and is independent of the seasonal wet-dry season. The "Pelican Bay Water Management System - Stormwater Detention Volume and Water Budget Analysis" (Wilson, Miller, Barton & Peek, Inc. April, 1996) describes the water management system .as being divided into six watersheds or drainage systems. Rainfall, including irrigation, reaches the ground and either seeps into the ground or runs off to a stormwater detention area within each system. The stormwater detention plan for Pelican Bay has a standard, permitted design capacity to hold the first inch of stormwater during a 25-year storm event. The stormwater is detained for flood protection and water quality treatment. Stormwater discharge is controlled by a series of weirs designed such that the post-development stormwater run-off rate does not exceed pre-development rates. Stated differently, the system is designed to discharge stormwater in the developed portion of Pelican Bay in the same manner that it discharged stormwater prior to development. The stormwater discharge exits the weir system for a final release into Clam Bay. Stormwater runoff from an additional 130 acres of watersheds, outside Pelican Bay, contributes an additional and significant volume of discharge to Clam Bay. This water represents 7.9% of the total stormwater discharge to Clam Bay. As the area of Pelican Bay to the east has undergone development, it has increased the impervious surface area, with a concomitant increase in surface runoff, which is eventually discharged to Clam Bay. The daily irrigation water volume enhances the saturation of the uplands which reduces their ability to accommodate rainfall volume, thus effectively i0creasing surface and groundwater discharge. Groundwater discharge can be commonly observed throughout the eastern side of Clam Bay and is discemable as a very slight sheet flow. Where this water encounters a discharge system, even one that is not operating at peek efficiency, such as Outer Clam Bay, excess water is effectively removed from the system. However, in the northern section, even the small incremental sheet flow 'is not efficiently removed due to lack of flow through the channels. Thus, it accumulates, increasing soil saturation and raising the mean water table elevation, and apparently overwhelming the black mangrove's anaerobic soil/gas exchange mechanisms. Mangroves in these areas have, therefore, become stressed and/or die. 3.2.2 Proposed Characteristics of Clam Bay In assessing a variety of alternatives to the restoration of Clam Bay, the need is not so much to restore the system to a mangrove forest (although that remains the primary goal) as it is to stabilize and restore the system as a thriving natural resource. We recognize that with each change in naturally induced flushing rates and hydrological regimes the mangroves will adjust by altering zonation patterns, species compositions, rates of grovAh and mortality, etc. (Lugo 1976). We conclude that the Clam Bay ecosystem and the Pelican Bay development are all part of an integrated and impacted system that will best function in natural ways with strategically induced adjustments imposed over time by man. The balance of this report discusses both the immediate needs of the system and the suggested maintenance needs of the system after initial retrofitting. The management plan protocols provide the guidance to accomplish the objectives of the Plan. 3.2.2.1 Clam Pass The single mostjmportant thing that can be done to restore the health of the Clam Bay system is to improve the total tidal flushing capacity of the system. (Tackney 1996; Snedaker pers. comm. 1996; Lewis pers. comm. 1996; McKee 1996; Turrell 1996; Wilson, Miller et.al. 1996). As has been discussed earlier, the tides in the upper 1 6[Jl reaches of Clam Bay are weak and variable. Runoff from rainfall further reduces the interior tidal range and during Tackney's field study, total rainfall of approximately 4 inches in three days was sufficient to flood Upper Clam Bay to such an extent that tidal fluctuation was completely eliminated. In Outer Clam Bay, where the channel leading to Clam Pass is relatively short, the tidal range is only 50% of its potential value...This diminished exchange capacity is a direct result of the constricted nature of the inlet and its adjacent interior channels. During flood tides, sand is carried into the pass by tidal currents and settles out of the water column where the currents drop below the magnitude necessary to maintain the sediment in suspension. At Clam Pass this has resulted in the gradual accumulation of sediment in the channels interior to the inlet. This sedimentation process reduces the hydraulic efficiency of the channels and results in diminished tidal ranges for the interior bays. At present, the channels immediately interior to the pass are so constricted that even when the pass is excavated, the interior tides remain muted. Efforts to maintain the pass in an open condition, therefore, could be dramatically improved by enlarging the dredge area to include not only Clam Pass, but also the critical areas of the adjacent interior channels. This action would not only augment the volume of tidal flow through Clam Pass, but would also reduce the prbbability of inlet closure during adverse weather conditions. Accordingly, the essential goal of the Management Plan is to augment the flow of sea water in and out of Clam Pass. As previously noted, Clam Pass is of marginal stability, however, prospects for improved tidal exchange can be materially enhanced if the pass is both deepened and widened. (Tackney 1996; Humm and Rehm 1972; Turrell 1995). It is the accumulation of sand in the ebb and flood tidal events that reduces inlet hydraulic efficiency and demonstrates why it is necessary to expand the opening to the ORO42680~!/F?i 29 lOB1 8.i Gulf beyond the range of stability indicated on the closure curves discussed in the "Clam Pass Inlet Management Plan" prepared by Turrell and Associates, Inc. (1996), in association with Humiston & Moore Engineers. They conclude in their report that expanding the magnitude of the excavation within Clam pass materially enhances the probability of creating a more hydraulically efficient cross section and therefore a more hydraulically-efficient pass.- ('Turrell 1996; Humiston & Moore pets. comm. 1996). [See Discussion (~ Section 4.5.:2] The single most critical factor inducing the Upper Clam Bay mangrove die off and restricting natural regeneration of mangroves is the relative absence of adequate tidal flushing, or tidal pumping, typically measured in terms of tidal amplitude and its frequency of occurrence. Tidal pumping refers to the hydraulic change in water pressure in a mangrove sediment that is controlled largely by tidal activity. VVhen rising tides force a rise in the water table in the sediment beneath mangroves, gasses (e.g., carbon dioxide, hydrogen sulfide, methane, ammonia) and various fluid wastes (including refactory and labile dissolved organic matter) are expelled from the sediment. Since some of these compounds are toxic, particularly hydrogen sulfide, their frequent (daily to tv,ice daily) removal is critical to the health of the mangroves. Conversely, on falling tides and a drop in the sediment water table, gases (e.g., oxygen) and nutrients present in the over-lying water are drawn into sediment. The frequent renewal of sediment oxygen is particularly important because it is required in normal root respiration which, if stopped, causes mortality. Thus in the absence of tidal pumping, metabolic wastes accumulate in the sediment and it eventually turns toxic and anoxic, meaning no oxygen. It is important to note that this critical process has nothing to do with the salinity, or absence thereof, or with the presence or absence of surface and subsudace water. Because the tidal amplitude is wholly inadequate mainly due to the restricted tidal circulation and tidal pumping within the Clam Bay system, and between the Clam Bay 16 18, system and the Gulf of Mexico, the correction provide by this portion of the Management Plan is critical to the creation of conditions required to foster mangrove grow'th in addition to improving and maintaining water quality within Clam Bay. 3.2.2.2. Interior Tidal Creeks It is important to recognize.the interrelationship between the maintenance of Clam Pass and the maintenance of the interior connecting tidal creeks. The tides in the upper reaches of Clam Bay are weak and variable. In the absence of rainfall, the tidal ranges for the Upper and Inner Clam Bay's are in the order of 15% to 19% of the Gulf tidal range. Run-off from rainfall quickly floods the upper bays and further reduces the interior tidal range. As previously noted, during Tackney's study, total rainfall of ;~a. pproximately four inches in three days was adequate to flood Upper Clam Bay to the . extent that tidal fluctuation was completely eliminated. The reduced tidal ranges in the interior bays are due to the restrictive condition of the interior connecting tidal creeks. CTackney 1996; Lewis pets. comm. 1996; Wilson, Miller et.al. 1996). These restrictions not only super-elevate the average water surface elevation within the bays but also retard drainage. The problem is exacerbated by the addition of pulsed water from the stormwater management system, which by design stores water in its detention/retention areas and then allows it to discharge into the bays. The constricted condition of the interior tidal creeks coupled with the additional water being continuously discharged into the bay can and does ~levate the 'water surface elevation in the upper bays and contributes to extending the periods of flooding beyond tolerance levels that mangroves can accommodate, particularly the black mangrove. (Turrel11995; Tackney 1996: Lewis pets. comm. 1996). The sediment th_at has a tendency to form inside the inlet is in an area protected from wave energy and is relatively significant in size. As such it affects the inlet tidal hydraulics by restricting flow. (Turrell 1995; Humiston & Moore pers. comm. 1996). This reduces the effective tidal prism, and therefore reduces inlet stability. Stated lO 18 t differently, an ancillary impact of a reduced tidal prism is a reduction in the amount of sea water that accesses the upper reaches of the Clam Bay system. As Tackney notes, "It is the enlargement of the tidal prism which is important to increasing the [tidal] flushing capacity of Clam Bay as a whole." If the constrictions responsible for these Iow tidal ranges could be reduced, then the tidal prism can be significantly increased.. This will not only aid in the maintenance of Clam Pass. but will also aid in the maintenance of more appropriate water levels in the interior tidal creeks and ponds of the upper reaches of the system as a whole. (Concurring Lewis pets. comm. 1996; Humiston & Moore pets. comm. 1996). Therefore, the second proposed remedial action of the plan will require that the interior tidal creeks be selectively reopened and in some cases enlarged in order to augment the transfer of water. (Concurring Tackney 1996). Removing the constriction to allow the present inflow of water will also enhance the outflow of water. These adjustments will, therefore, enhance the flood tide ingress and will allow for increased volume to exit on the ebb tide. [See Discussion @ Section 4.5.3] 3.2.2.3 Vanderbilt Lagoon Reconnection A third remedial option that has been suggested and has been reviewed involves the potential for reconnecting the Clam Bay system to the north end of Vanderbilt lagoon. The greater weight of the data suggest that such an undertaking would have a negative effect on the operational characteristics of the Clam Bay system by further reducing the magnitude of the tidal prism; a result that is at odds with the generally accepted notion of enlarging or enhancing the tidal prism of Clam Bay. (Tackney 1996; Turrell 1995; Humiston & Moore pers. comm. 1996). Further, it is recognized that the historical connection at this point was marginal at best, and while passable at times, it was not uniformly and consistently navigable. Further, reference to historical photography suggest that the no,hem extreme of Clam Bay, like the southern extreme of Vanderbilt Lagoon, was located at the apex or node of both tidal systems and as such the flow of water into and out of these upper reaches of the two systems was limited at best. Given this historical background and viewing it in relation to the level of development and the nature of the severing that has taken place, reconnecting the Clam Bay system to Vanderbitt Lagoon in any meaningful sense would be impractical, particularly where it offers no positive.contribution to the restoration of Clam Bay. Accordingly, it is not part of the Management Plan. 3.2.2.4 Seagate Culverts At the southern end of the property, adjustments to the operational characteristics of the Seagate culverts has the potential to augment the tidal prism and in doing so, allow for a more natural maintenance of Clam Pass. At present, the three Seagate culverts at the south end of the Clam Bay system provide between 20% and 25% of the tidal exchange for Outer Clam Bay. Flow in the culverts, however, reverses with the tides and, as a result, the net exchange, when averaged over a complete cycle, is quite small. In addition, southerly flow through the culverts results in a corresponding reduction in flow through Clam Pass to the north. (Tackney 1996). By installation of flap gates or water control structures in the three culverts (originally proposed by the USEPA'in the 1970'~) water would be retained in Outer Clam Pass on the flood tides and would exit through Clam Pass on the ebb tide cycle. Such retrofitting of the existing culverts would both increase the tidal flow volume through the pass during half a tidal cycle and pump water in one direction, between Venetian Bay and Outer Clam Bay. Under present conditions, it is estimated that this one directional discharge through the culverts would be sufficient to displace the volume of water in Outer Clam Bay within approximately 7 to 10 days. (Tackney 1996). By so doing natural scouring and maintenance of the pass would be enhanced. The anticipated result will be less frequent need for mechanical interventbn for pass maintenance. Accordingly, the third attribute of the retrof~ing of the system would require that the culverts at Seagate Road be redesigned and fitted with flap gates or a comparable apparatus to retain ebb fide flows and direct the discharge of these waters through Clam Pass. [See Discussion at Section 4.5.1] 3.2.2.5 Stormwater Management ....................... To evaluate the potential for reducing stormwater runoff into Clam Bay, Wilson, Miller, Barton & Peek (1996) was commissioned by The Pelican Bay Services Division to conduct a study of the capacity to retain additional water within the Pelican Bay stormwater management system. Their study concluded that with modification to the existing system one could add only an additional 27 acre feet of storage capacity within the system. That represents 0.7 percent of the total yearly volume of surface water flow to Clam Bay. As such there appears to be little benefit to enlarging the detention/retention areas given the cost and the physical constraints that presently exist within the Pelican Bay community, but this will be evaluated further and in relation to all other studies being undertaken under the Management Plan. The system, as presently designed, holds for discharge to Clam Bay approximately 3800 acre feet of water. Presently, the incremental benefit to be'derived frorri the minimal expansion capable within the existing land mass does not, as noted, suggest that this a cost effective option, but as suggested, it will continue to be evaluated. See Study No. 1 in Section 4.5.4.2. In this context it is also important to recognize that the development of Pelican Bay has been engineered and permitted through build out to provide water quality treatment and quantity attenua.tion to meet State of Florida water quality and quantity standards. A series of studies is proposed in Section 4.5.4 below to determine the best and most efficient way to get the right amount of water in the right place at the right time. ORO42680;l/FPl ~ 4 3.2.2.6 Upland irrigation,Water Management A related attribute of the freshwater management system of the Clam Bay ecosystem is the quantity and quality of water used within the Pelican Bay community for irrigation purposes. Irrigation water for the developed areas of Pelican Bay, including a 27-hole golf course, is obtained from an effluent re-use system. As previously noted the combined average volume, of.irrigation water, for the community is approximately 3.0 MGD or a rainfall equivalent of 26 to 28 inches per year. We hypothesize that there is high level of soil saturation in the upland areas of the Pelican Bay development and as such the continued application of this additional amount of water may serve to reduce the ability of the upland soils to accommodate abnormal rainfall volumes. This results in increasing surface and groundwater discharge which, when accompanied by extraordinary storm events and excessively wet rainy seasons, as occurred over the last several years, essentially results in a much speedier release of water to the Clam Bay system than would have otherwise been the case. An examination of the stormwater management and effluent disposal system suggest adjustments to the disposal of treated effluent within the developed area oi' Pelican Bay is required to make certain that the amount of treated effluent or water discharged does not exceed the assimilative capacity of Clam Bay. At present the assimilative capacity is not known and gaining an understanding of that going forward will be an important part of the management-undertaking'. Modifying the water consumption pattern of the Pelican Bay community and developing a phased change in the mix and type of vegetation used in the common areas of the developed community should be examined to determine, what, if any, opportunities may exist'to reduce the irrigation needs of the community. In this context consideration of the adoption of Best Management Practices (i.e. rain sensors, irrigation head modifications, watering pattern adjustments, modified planting palettes, etc.) for the installation and maintenance of landscaping and irrigation equipment will produce some benefit to the system. Additionally, improvements to the Clam Bay ecosystem will be achieved by reducing and/or modifying the amount of irrigation water used by the Pelican Bay community. VVhile the pass has closed on a variety of occasions, the system, while stressed, retained its basic health throughout all of those closures until the most recent rain events. This suggests that ~with significantly.improved tidal.flushing, the system does have the capacity to take on larger amounts of water than rainfall alone would normally contribute and to do so on a regular basis as contemplated by the stormwater management system. Improved management of the system will allow for the development of operational directives that balance these two objectives and allow for the adjustment of irrigation disposal when the level of inundation within the soil column reaches predetermined levels of saturation. This initiative should also include a review of the management practices for the administration and discharge of the first-flush stormwater runoff and the adoption of Best Management Practices to insure that such stormwater runoff will have minimal adverse impacts on the water quality of the riparian habitat adjacent to the Pelican Bay development. [See Discussion (~ Section 4.5.4] 3.3 Recreation 3.3.1 Current Recreational Component. For the most part, Clam Bay remains inaccessible to the general public. Because significant portions of the bay are and remain densely populated with mangrove vegetation, it (th.e bay) is physically difficult to traverse on foot. The three boardwalks which do cross the bay provide access to the beach and, as a general proposition, provide the level of access to the mangroves that the public demands; a visual, non- consumptive, utilization. Limits on the amount of beach access is also controlled by limiting utilization of the boardwalks to differing segments of the public. Membership or resident status within Pelican Bay is required to use both the northern and middle boardwalk, thereby providing a predictable amount of use that to date has not proved problematic. The southern boardwalk is accessible by the public at large and while it generates measurable amounts of increased traffic, the established train and foot traffic has not adversely affected either the estuary or the beach. Canoeing of the waten, vays within Clam Bay remains a popular activity for those seeking a more intimate look at the estuary, and its wildlife or those seeking solitude in the upper reaches of the bay. Fishing is also a frequent undertaking from either the boardwalks or canoes. Swimming is confined to the beach area, although there is a reasonable amount of wading in Clam Pass and back into the estuary as much as 1,000 or so feet from the mouth of the Pass. The use of motorized watercraft is not prohibited, and evidence of periodic use of such is evident from observation. For the most part, the accumulation of sediments and the shoaling that has taken place has resulted in physically limiting the accessibility of Clam Bay to deeper draft boats and particularly those equipped with engines. Most, if not all, of the motorized boat traffic is believed to originate in the Seagate residential area and be confined to the area from Outer Clam Bay to Clam Pass. 3.3.2. Proposed Recreational Component. The Management Plan would not anticipate any changes in the recreational use characteristics of Clam Bay. The contemplated widening and deepening of Clam Pass and the interior_channels leading into Outer Clam Bay will not measurably improve navigability. Earlier assumptions to the contrary have proved to be inappropriate as the channel area itself remains very confined. Further, since no dredging of Outer Clam Bay is proposed, accessability across the same will not be noticeably improved. i Presently, Collier County has enacted Ordinance 96-16 which Ordinance pro,~wdes for the utilization of the Clam 'Bay area by motorized watercraft provided that they operate with no wake and at idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FDEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats within the Clam Bay system shall be considered for imposition to insure that the ecological integrity of the Clam Bay system Is preserved. To the extent that additional constraints on the use of the Clam bay system are at any time in the future determined to be necessary to preserve the ecological integrity of the Clam Bay system, such constraints will be imposed only so long as is necessary to ensure that the damaged resources within the Clam Bay system have recovered and/or the water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons (PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total fecal and coliform bacteria. Appropriate notification, signage and policing will be provided by the County or PBSD to ensure compliance. The signage Will be strategically placed both a[ the entrance to CIam Pass and in the areas around the boat ramp located at the southern end of Outer Clam Bay. These are intended to insure that persons accessing the Clam Bay system are informed of its unique ecological characteristics, the limitations of access resulting from variations in water depth, the existence of no wake/idle speed requirements for motorized boat qperation and importantly, the necessity of staying out of areas identified as having maturing seagrass beds and potential manatee habitat. Precise locations and language to be included in the signage will be determined in cooperation with the agencies post permit issuance. Finally, the main channel will be marked in accordance 166184' with the requirements imposed by the United States Coast Guard to insure that those who use the system clearly know where the channel is and the prohibitions against operating their water craft outside the same. Additionally, the enlargement of the tidal exchange mechanism creates potentially hazardous conditions at the mouth of Clam Pass. Historically, this area has noticeable tidal movement, but is gentle.enough to .allow. free .swimming and wading. The adjustments contemplated here are likely to result in tidal movement that can be hazardous except to the strongest of swimmers. Channel depths will prohibit most wading, particularly during a high tide. Appropriate warning signs and monitoring of human use in the Clam Pass area will be required post implementation of the Management Plan to insure the safety of beach users. 4.0 IMPLEMENTATION 4.1 Approach The Clam Bay Management Plan is a guidance document that will be modified through time to address new opportunities and problems that affect the Clam Bay (See Section 1.0). The Management Plan. is based on .available technical information and was evaluated based on the goals established by the PBSD. The recommended management options involve a variety of technical disciplines and expertise, and in some situations specialized equipment will be required. Implementation and completion of the management options is the responsibility of the PBSD. The PBSD Advisory Board consists of fifteen (15) members that provide an implementation, overview and policy-making function. Implementation of each management option will require the development of a detailed action plan. The present staff, with guidance from the Advisory Board , technical assistance from their consulting engineers and scientists, and, in some instances, other specialized consultants have prepared the required action plans for the management options. Some of the management options can be completed entirely by PBSD staff. Other management options will require outside contractors to complete. 4.2 Action Plan Development The purpose of each action plan is to provide a detailed description of the work required to complete a management option. The action plans are to be used by the PBSD staff for their own guidance, to assist in the preparation of bid documents for contractors, as the deliverable element of contracts, as proposals for soliciting outside funding and as part of their annual planning process. 6 18& The action plans are set forth below and are contemplated to be permitted by applicable governmental authority. I'n the future they should be developed as part of the annual planning process, although they can be developed for unforeseen management needs at any time. An action plan should contain the following minimum information: · Project purpose; · Project benefits; · Detailed scope of work; · Expected deliverables or product; and · Schedule. Each action plan, depending on its purposes (proposal, bid document, etc.), may include permit requirements, estimated costs and evaluation criteria. The purpose of developing evaluation criteria would be to determine the success/failure/problems associated with each management option. To provide guidance in developing the action plans two important elements were evaluated. First, potential permit requirements for each management option were reviewed and second, a list of cost estimates for selected management option components were identified. 4.3 Management Plan Evaluation, Planning and Funding 4.3.1 Evaluation and Review The Clam Bay Management Plan is a dynamic document and will require review and evaluation on an annual basis. The review and evaluation of the Management Plan shou'ld include th_e following: Evaluation of past projects, successes/failures/problems; Review of work in progress; Evaluation of potential funding sources; and Selection of projects for the upcoming year. 16 1 The degree of success for a particular restoration project is generally based on percent survival of the vegetation, but in this instance the monitoring criteria specified in the Management Components (Section 4.5) should be the gauge. The environmental enhancement restoration and habitat management options discussed in Section 4.5 will require a Section 404 Permit from the Corps of Engineers and a Joint Coastal Permit from the Florida Department of Environmental Protection. These permits will specify requirements for determining overall project completion and success and more specific requirements for implementation and monitoring. The Management Components (Section 4.5) are designed to anticipate the permitting requirements for the first tier restoration effort. Successive efforts will be undertaken within the context of agreed upon permit conditions thereby allowing the PBSD to maintain the components of the Management Plan and act upon the same within defined parameters as specified in each management option and as permitted by the government. The review and evaluation process will include PBSD staff and commissioners, their consulting engineers, scientists and other technical consultants as required. The annual planning process will include not only public input, but the outcome of the process, including the establishment of the following year's goals and objectives. This review, evaluation and planning process will correspond to the PBSD fiscal year budgetary plann_ing. The process will begin in April with public meetings. This would allow the month of August for finalization of the plan, followed by implementation in October, but always subject to constraints imposed by other adverse ecological impacts or the potential for the same, such as turtle nesting season and the like. The Management Plan is to be funded initially by an assessment of the Pelican Bay resident base under the direction of the PBSD, by a contribution of $1,000,000 from WCI Communities and by Collier County. Funding priority and availability of funds will change yearly. It would, therefore, be appropriate during the annual planning exercise to closely evaluate funding availability and determine sources for both immediate and long term needs. 4.4 Implementation Schedule Established Management Plan schedules can be used as a tool for implementation and budgetary planning. Based on present information, a one year implementation schedule is proposed for all Management Plan options except those set forth in Section 4.5.4 dealing with freshwatedstormwater studies and adjustments. Figures 4.4(a) and (b) detail the anticipated schedule for both the restoration activities and the various studies described in Section 4.5.4 below. An annual review and update of the Management Plan will allow the PBSD to be more responsive to various programs needed for maintenance of the system. This schedule, as with the Management Plan, is dynamic and is expected to and should change through time. The schedule is designed around an annual review and update. The prioritization of the approved management options is based primarily on the decision matrix review discussed earlier and taking into account the complexity of the management option and the capabilities of the PBSD. 4.5 Management Components The Management Components described below are the activities to be undertaken presently in support of the goals described in Section 1.3 above. While each 16B18 component can stand alone for purposes of its individual evalualion, it is the integration and cumulative impact of all that assures reslor~tion success within Clam Bay. 4.5.1 Seagate Culverts 4.5.1.1. Existing Conditions ]6B18 The Seagate Culverts are located at the extreme south end of Outer Clam Bay and serve as the connection point to Venetian Bay to the south. The culverts allow water to be exchanged between Outer Clam Bay and Venetian Bay through three twenty-four inch diameter culverts. The culverts are topped by Seagate Drive, a private thoroughfare connecting to developed land lying adjacent to the Gulf of Mexico. (See Figure 4.5. l(a)) The culverts are organized so that they lie parallel to each other in a north-south direction. The end walls on either side consist of sand cement bags and rip rap. The present condition of the system suggests that the culverts and supporting structure is stable and reasonably well maintained. Some disruption of flow appears evident from time to time suggesting some impediments may exist in one or more of the culverts. Although the culverts are physically located much closer to Clam Pass than to Doctors Pass (the access point to the Gulf for Venetian Bay), flow in the culverts is dominated by flow through Doctors Pass. This condition results because the tidal amplitude in Venetian Bay is approximately twice' that in Outer Clam Bay. Flow measurements taken at the culverts show exceptionally high velocities, approaching in magnitude rates of up to five (5) feet per second. Volume measurements based on the tide in Outer Clam Bay and flow in the culverts indicate that between 20_% and 25% of the tidal flow for Outer Clam Bay is supplied by the culverts. Notwithstanding a surprisingly high flow rate, the culverts contribution to flushing exchange for either Clam Bay or Venetian Bay is negligible. This result occurs 0R042680; i/FPi 45 because the flood volume Js generally equal to the ebb volume and flow through the culverts simply oscillates back and forth between the two bays. 4.5.1.2 Proposed Conditions. The Management Plan intends to take advantage of the flows through the culverts on the flood cycle by retaining the volume.of.water generated on the north side of the culverts (the Clam Bay side) for discharge through Clam Pass. This is to be accomplished by the installation of Red Valve Tideflex check valves (or equivalent). This product is designed to preclude the oscillation of the tides through the culverts. This undertaking has no detrimental impacts on the Venetian Bay side of the culverts and was selected because it has the lowest head losses and requires minimal maintenance. Neither ebb flows through Doctors Pass nor water quality will be negatively impacted. Data confirms that the volume of water carried by the Seagate Culverts is in the order of 700,000 cubic feet each half tidal cycle. However, the net flow, averaged over a full tidal cycle is very small because the ebb volume essentially equals the flood volume. This means that the same volume of water carried from Venetian Bay into Outer Clam Bay on a flood tide is returned to Venetian Bay on the following ebb tide. The volume of water (tidal prism) that flows through Doctors Pass on an average tide is about 24 million cubic feet. (Tackney 1997).' Accordingly,' the Seagate Culverts carry the equivalent of slightly less than 3% of the flow through Doctors Pass. Modified as proposed, the culverts will effectively operate as a pump, pushing water from Venetian Bay to Clam Bay. Each flood tide would produce a one directional pulse of water from V_enetian Bay to Outer Clam Bay. Importantly, this pulse would not be returned to Venetian Bay, but would gradually be displaced towards Clam Pass by each successive tide. Such a system would increase the exchange rate for all of the bays 16B1 g between the two inlets and, since most days would produce two puls%s, even a modest discharge rate would be capable of replenishing the bays within a short period of time. In this context it is important to observe that Doctors Pass is a very stable inlet and the tidal prism is capable of maintaining a fixed cross sectional area. This does not mean that shoals cannot develop, but it does mean that the pass is not in danger of closure. The Doctors Pass system.has, adequate.reserve tidal prism that even a 3% reduction, which is the maximum amount that could occur from a total closure of the Seagate Culverts, would not materially affect inlet stability. Our studies suggest that the installation of flow control valves coupled with the excavation of Clam Pass can be expected to produce an approximate 2% reduction in flow through Doctors Pass. From the characteristics of the Doctors Pass system as reported in the "Doctors Pass Comprehensive Inlet Management Plan, 1994", a change of this magnitude would not produce any measurable affects on either inlet stability or shoaling pattern. (Tackney 1997). By supplementing the tidal flow volume through Clam Pass on a recurring basis it is anticipated that there will be less frequent need for mechanical intervention for pass maintenance as natural scouring of the pass will be enhanced. 4.5.1.3 Timing The Seaga[e Culverts work will proceed following the first phase of improvements contemplated under the Management Plan. This timing is necessary in order to minimize impacts on residents requiring access to their property during the construction/installation phase. The completion of the check valve work is expected to assist in the maintenance of water quality by accelerating the dilution and transport of released slurry water to the Gult' resulting from the dredging of the main Channel Cuts 4A through 4D. (See Section 4.5.2). Construction is estimated to take approximately six weeks from on site mobilization and no impediments to implementation are anticipated, once permitted. This timing assumes that the condition of the culverts will allow for the retrofitting described below. 4.5.1.4 Design The design of the improvements to the Seagate Culverts will require the replacemer of the Seagate Culverts. Additionally, the design will require a check valve that i: appropriate for the tidal conditions encountered at the Seagate Culverts and whict check valve can be installed and maintained in a cost sensitive way. As noted above the PBSD proposes to use a .tide. check .valve .manufactured by The Red Valv~ Company. The selected valve is specially designed for marine conditions, operate., automatically with a small head differential, and is Iow maintenance. The check o~ culvert valve detail is shown on Figure 4.5.1(d). The valves will not be directly connected to the culvert ends so as to eliminate the possibility of failure of the culvert barrels due to the weight of the valve. To overcome this problem, a properly anchored end wall will be constructed around the northern ends of the three culverts and the valves will be secured to the end wall. The area beneath and waterv,,ard of the end wall will be rip-rapped to provide erosion protection and to provide a sediment trap. The south end of the culverts (Venetian Bay side) will remain as is. See Figures 4.5. l(b) and (c). 4.5.1.5. Construction Construction of the improvements described above will require in the first instance the obtaining of appropriate access to the Seagate Culverts. The culverts are privately owned by the Naples Cay Master Association and in order to complete this portion of the Management Plan, an Access Easement must be obtained and recorded in the public records of Collier County, Florida. Additionally, the City of Naples must independently issue its Dredge and Fill Permit in order to implement this portion of the Management Plan. Based on preliminary submittals to both the owners of the Seagate Culverts and the City of Naples staff, appropriate approvals can be obtained. ]6B18 Construction of the improvements will require excavation around the northerly end of the culverts, placement of a coffer dam during construction of the end wall, placement of the check valves, backfilling behind the end wail, and installation of rip-rap. A backhoe will be used for excavation and coffer dam construction, a crane for setting forms, steel, and valves and a dump truck for removal of excess material. Existing plant material will be removed and preserved for reinstallation to the extent feasible. If lost, it will be replaced with like kind material to the end that upon completion of the work the road and culvert area will be fully restored to its pre-construction appearance. Any destruction of roadways will be repaired. Best management practices will be utilized during all phases of the construction and appropriate silt retention devices and the like will be used in order to minimize siltation during the construction process. (See Figure 4.5.1(el) and (e2)). 4.5.1.6 Post Construction Management Post construction operation and maintenance is not anticipated to be significant. The design of the system is intentionally passive in its operational phase and while the structural integrity of the system will be checked monthly, repairs and/or maintenance are not expected in the early years. To the extent required they will be made immediately. 4.5.1.7 Pre-Construction Monitoring Flow meters will be used to monitor two (2) complete tidal cycles prior to construction of th'e culvert modifications to determine the quantity of the water flowing through the culverts. See also Section 4.5.6.5 below. 4.5.1.8 Post-Construction Monitoring Culvert flows will be monitored post-construction through two (2) complete tidal cycles and every other month for two (2) years to determine consistent operation of the flows through the culverts and to quantify water amounts being retained in Outer Clam Bay. Subsequent monitoring of culvert flow will be evaluated following completion of the former protocol and adjustments, to.the same, will be submitted to the FDEP and the Corps as appropriate. Water quality monitoring is not undertaken independently in this location, bur. is addressed in Section 4.5.6.3 below. 4.5.2 Clam Pass 16B1 8,4 4.5.2.1 Existing Conditions The tides at Naples are classified as "mixed" with significant diurnal and semi-diurnal components. This means that most days experience two tides. On a few days each month, however, there is only one tide. The data for the Gulf tides in the project area are given below: Mean range Diurnal (daily) range MHW (Mean High Water) MLW (Mean Low Water) 2.01 fl. 2.88 ft. 1.50 ft. NGVD -0.51 ft. NGVD Although Naples is located approximately midway between the primary tide station at Key West and St. Petersburg, the tides at Naples do not correlate well with the tides at either location. Predicted tides at Naples are based on the reference station on St. Marks River (Appalachee Bay). It should be noted, however, that frequent and significant differences occur between the predicted and actual tides in the Naples area even in the absence of storm conditions. When considering the effects of tides, it is important to note that the average water- surface elevation in the Gulf of Mexico is not constant but shows significant seasonal variations. In the Naples area, the lowest average water sudace elevations occur during the months of January and February at which time the average elevation is approximately 0.7 fi. below the maximum value which occurs during September. This means that the same tidal range will produce water sudace elevations in September that are approximately 0.7 ft. higher than those produced in January and February. It is also significant to note that the annual average water level for the Gulf of Mexico is approximately 0.5 ft. above NGVD. Field studies revealed ~wo differen! conditions that ¢ont~bute to the observed mangrove mo~ialih/. The tidal creeks leading nodh from Clam Pass and the two upper bays are surrounded by a benin with a crest elevation o[ between approximately 1.4 and 1.8 fi. NGVD. Landward of this berm the ground elevations generally decrease and then rise again. As a result, the berm functions as a dike which separates the tidal creeks and upper bays from smaller embayments within the mangrove [orest. Under present conditions, normal high tides seldom exceed the crest of the berm and therefore the interior bays are effectively isolated from normal tidal exchange. However, during storm conditions and exceptionally high astronomical tides, the berm is overtopped and the interior bays are flooded. As the tide lowers, these smaller interior bays do not drain below the elevation of the surrounding berm. Moreover, these interior bays remain flooded until evapotranspiration and ground water seepage lowers the water surface elevations. Water loss from these two causes, however, is relatively slow and weeks may occur before water surface elevations within the isolated bays return to the average surface elevations of the adjacent tidal creeks and primary bays. [See Section 4.5.3 for a more complete discussion of this condition.] The second condition which contributes to prolonged periods of flooding results from the existing geometry and bathymetry of the bays and connecting tidal creeks and flow channels. The tidal creek leading north from Clam Pass is narrow and extremely sinuous. Although the average creek depth is approximately -2.5 ft. NGVD, two areas of localized constriction were noted and in one of these areas, the maximum creek depth was less than -1 ft. NGVD. In addition, the northern end of the creek connecting Inner Clam Bay and Upper Clam Bay is extremely constricted. These local constrictions are shov,,r in Figure 4.5.2(a) which is a plan view of the primary creeks, channels and bays. To determine the effects of the creeks and local constrictions on tidal exchange, tides were recorded throughout the Clam Bay system in May and June 1996 and again in January and February 1997 at the recording stations shown in Figure 4.5.2(a). The May 1996 measurements were taken about 1 month after Clam Pass was artificially reopened. By January 1997, much of the channel, excavated in reopening the pass, had shoaled, and the pass appeared to be again approaching closure. These changing conditions of the Pass and approach channels are noted because they significantly affected the tides throughout the bay system. The tide recordings also showed that the water surface elevations in the upper bays were strongly affected by rainfall and therefore the tide measurements were divided into tv,,o groups: days without significant rainfall or runoff and days with significant rainfall or runoff. For tide measurements taken without fresh water inflow in 1996, the average tidal range in the Gulf of Mexico was approximately 2.10 ft. In ~nner and Upper Clam Bays, the average tidal ranges were approximately 0.38 fi. and 0.31 ft. respectively. These values correspond to relative tidal ranges (tidal range at site divided by Gulf range) of 18% and 15%. It is interesting to note that similar water level readings taken in 1978 (Hydrographic Study Clam Bay System, Collier County, Florida, February 1978, Gee & Jenson Engineers, Architects, Planners, Inc.) indicated slightly lower tidal ranges in the upper bays. In this previous study, however, no attempt was made to identify the effects of rainfall and, had runoff effects been isolated, the observed tidal fluctuations would have been larger. It is important to note, and this study indicates, that as much as 19 years ago, the flow into the upper bays was very restricted. Days with heavy rainfall during the field studies were very limited. Between May 19 and May 21, 1996. however, four inches of rainfall occurred. Water surface readings in Upper Clam Bay showed that for the days following this event the water level remained above the normal high tide level and tidal fluctuations were immeasurable. In Inner Clam Bay, similar conditions were noted. Small (<1 inch) tidal fluctuations, however, could be identified. &B1 84 From the water surface readings, the average water surface elevations of the upper bays were found to be greater than 0.2 ft. higher than the average Gulf elevation. The effects of these conditions are illustrated in Figures 4.5.2(b). This Figure shows an approximate mean tidal cycle for the Gulf and Inner Clam Bay in mid 1996. The most obvious features of this Figure are the reduced bay tide and the large phase lag, the same being defined as the time delay between the occurrence of slack water [high or Iow tide] in the receiving waters [Gulf of Mexico] and the bay- between the Gulf tide and the bay tide. Other less obvious features include the set-up or superelevation (0.2 ft.) of the average bay elevation above the average Gulf elevation and the distortion between the flood and ebb stages of the tide. For the Gulf tide, the durations of the flood and ebb stages of the tide were approximately equivalent (6.2 + hrs.). For the upper bays, however, the average flood duration was approximately 5.7 hrs and the average ebb duration was approximately 6.7 hrs. Since the ebb discharge volume must equal or exceed the flood volume, the average flood velocities exceeded the average ebb velocities because they occurred for shorter durations. Additional tide readings were taken in January and February 1997. These readings showed that between June 1996 and February 1997, the relative tide range for Upper Clam Bay had decreased from 15% to approximately 9% of the Gulf range. The reduced tides in the upper bays are due to the high resistance to flow offered by the tidal creek and the reduced tidal range at the southern entrance to the creek. In addition, runoff from the surrounding drainage basin can exceed the drainage capacity of the tidal creeks and result in prolonged periods when the upper bays remain flooded above normal tide levels. The set-up and asymmetry between the ebb and flood stages of the tide are due primarily to the shallow characteristics of the waterways. Resistance to flow is inversely related to water depth. As a result, the same waterway will afford higher relative resistance when the water depths are shallow than when they are deeper. Since high tides in the bays are governed by relatively efficient inflow during the later stages of a flood tide, when water depths are near maximum, and low tides are 1&B18 < cjovemed by the relatively inefficient outflow during the later stages of an ebb tide, when water depths are near their shallowest, the bays may be considered to fill more efficiently than they drain. This condition superelevates the average water surface elevation in the bay and since the ebb volume must equal or exceed the flood volume, it also prolongs the duration of the ebb tides. Figure 4.5.2(c) illustrates the cumulative frequency.distributions for the water surface elevations in the Gulf and the two upper bays during the May and June 1996 field studies. The ordinate (vertical axis) shows the percentage of time that the water surface elevations exceeded specific values (referenced to NGVD) at the three stations. The most significant features to be noted are that the average water surface elevation in the bays exceeded 1.0 fl. NGVD 50 percent of the time and the water surface elevation in the bays never dropped below a value of 0.6 ft. NGVD. In reviewing this Figure, it should also be noted that the average water surface elevation for the months of May and June is usually in the order of 0.3 ft. lower than the average water surface elevation for late summer and early fail. Therefore, water levels during the normal rainy season would be expected to exceed the elevation shown in the Figure by approximately 0.3 fi. In May and June 1996, the measured tide in Outer Clam Bay was approximately 50% of the Gulf tide and by February 1997, the bay tide had dropped to approximately 35% of the corresponding Gulf tide. Although these ranges are substantially greater than the tidal ranges in the upper bays, they still represent high resistance to flow between Outer Clam Bay and Clam Pass. For comparison, it may be noted that the relative tidal range for Venetian Bay, which is approximately two miles north of Doctors Pass, is over 95%. By contrast, Outer Clam Bay which is less than ½ mile from Clam Pass currently has a tidal 'range of 35% of the Gulf range. In addition, tidal exchange to Outer Clam Bay is not restricted to Clam Pass but also occurs through three 24 inch diameter culverts under Seagate Drive. These culverts connect Outer Clam Bay to Venetian Bay. During flood tides, flow is toward the north while during ebb tides, flow is towards the south. Although the culverts are.small (<10 square feet total cross sectional area) they carry exceptionally high flow velocities. Readings taken in May 1996 indicated that flows frequently exceeded five feet per second. As a result, in May 1996, flow through the culverts contributed between 20% and 25% of the tidal exchange volume for Outer Clam Bay and this percentage has undoubtedly increased since the pass has become more constricted. It should be noted that, although the culvert flow is relatively high, it does little to improve exchange between Outer Clam Bay and the Gulf of Mexico. This is because flow in the culverts reverses with the tides and most of the water carried north during a flood tide is returned to Venetian Bay on the succeeding ebb tide. [See Section 4.5.1 for more analysJs.] Figure 4.5.2(d) shows representative water depths, referenced to NGVD, for the major bays and creeks within the Clam Bay system based on measurements taken in May and June 1996 and January and February 1997. A number of pertinent features can be noted. Except for the first approximate 800 feet of channel inside Clam Pass, the water depths between the pass and Outer Clam Bay are relatively uniform and exceptionally shallow. The average depth of the tidal creeks is approximately -2.5 ft. NGVD. In three areas, however, the creeks are severely constricted with depths in the order of -1.0 to -1.5 feet NGVD. The easiest method of illustrating the effects of water depths and constrictions on the tides in the upper bays is to consider two models for the bay system. The first model, shown in Figure 4.5.2(e), includes only Clam Pass, the entrance channel, the tidal creeks and the northern bays. In this Figure, the actual and relative tidal ranges are shown. At the southern entrance to the tidal creek, the relative range for May and June 1996 was approximately 71% and in the two upper bays the relative ranges are approximately 18% and 15% respectively. I&B18 This model is helpful in .illustrating the conditions that are responsible for ~he periodic closure of Clam Pass. This pass is an unimproved, marginally stable tidal inlet. The controlling cross section is small and variable. In 1995, this section was measured to be approximately 60 square feet NGVD, although it was enlarged to approximately 495 square feet where the pass was last reopened. By January 1997, it had shoaled to a cross section area of approximately 40 square feet. In the past 20 years, the pass has dosed on at least five occasions; the most recent of which was in January 1996. After each closure, the pass was reopened by excavation following various periods of closure. In all but the most recent reopening, excavation was restricted to the area of the inlet throat. In April, 1996, however, a channel slightly over 600 feet in length was excavated. At present, much of the excavated channel has silted in and the pass appears to be approaching closure. The reason that the pass has closed so often is that the tidal prism (volume inflow during a tidal cycle) of the inlet is inadequate to scour out sediment carried into the pass by wave generated longshore transport. Inlet stability occurs when equilibrium is maintained between the self scouring capacity of the inlet and the sediment load generated by wave activity. A necessary condition for stability is that any constriction of the inlet cross sectional area must result in an increase in flow velocities. From the closures that have occurred in recent years, it is apparent that the existing tidal prism for Clam Pass is inadequate to maintain the pass open for prolonged periods. In addition, the periods between closures appear to be decreasing indicating that the restricted condition of the interior waterways is continuing to deteriorate. It is also apparent that future efforts to reopen the pass will provide, at best, only temporary relief if excavation is restricted to the vicinity of the inlet throat.. To fully appreciate the condition of the pass, it is helpful to note a distinctive feature that makes Clam Pass different from other tidal passes or inlets. For most tidal inlets, the throat represents a relatively short section of channel with a high resistance to flow bounded on both sides by J'elatively efficient bodies of water. For Clam Pass, however, not only is the throat constricted but the approximate 2600 feet of channel leading to the primary storage area (Outer Clam Bay) is also severely restricted. A similar condition exists north of the pass but since the upper storage area is much smaller than the lower storage area, the effects are less significant. The restricted (shallow) condition of the entire channel between Clam Pass and Outer Clam Bay explain why previous efforts to reopen the pass have had only temporary success. In order to significantly increase the tidal prism of Clam Pass, it will be necessary to re-establish an efficient flow channel between the pass and Outer Clam Bay. Excavation restricted to the vicinity of the pass only addresses a small portion of the problem and is inadequate to materially improve the tidal prism. 4.5.2.2 Remedial A!ternatJves If the flooding tendencies of the upper (northern) bays are to be reduced, the hydraulic efficiency of the tidal creeks will have to be improved and openings will have to be made in the berms surrounding the isolated smaller bays (a discussion of existina proposed efforts to re-establish flow to the isolated interior bays can be found i,q Se ~':, 4.5.3 below) and an efficient flow channel will have to be maintained between Clam Pass and the southern terminus of the tidal creeks. There are, however, limitations on the extent to which these obiectives can be realized. Avoiding further damage to the existing mangroves is of paramount importance, and accordingly, the creeks cannot be randomly straightened nor widened. This limitation greatly restricts the effectiveness of creek excavation since much of the flow resistance is due to /he sinuous nature of the creeks and their relatively small cross sectional dimensions. 59 Field studies, however, identified three areas of severe constriction which can be improved by localized excavation. To enlarge these areas to average cross sectional areas of the adjacent creeks, an excavation depth of-3 ft. NGVD is required. This depth is approximately ~ fl. deeper than the average creek depth, but, since some of the constricted creek widths are narrower than the average creek width, a deeper depth is required to produce an equivalent cross sectional area. From the severe shoaling of Clam Pass that occurred in the nine (9) months since the pass was last reopened, and the further reduction of the tidal range in the primary bays. it is apparent that removing the constriction in the tidal creeks will provide only temporary relief unless the stability of the pass is also improved. As previously noted, inlet stability can be improved only by increasing the tidal prism of the inlet and this can be most effectively accomplished by excavating an efficient flow channel between the pass and Outer Clam Bay. South of Clam Pass, the channel leading to Outer Clam Bay is relatively broad and exceptionally shallow. In addition, scattered grass beds can be readily identified. Meandering through and around the grass beds, is an existing channel which contains intermittent remnants of seagrasses. Portions of this channel are of adequate width to a/Iow for excavation of an effective flow channel to Outer Clam Bay without encroaching on the seagrass beds. However, in order to achieve the desired improvement in tidal prism, some encroachment into the seagrass beds will be required. The Plan, however, minimizes those impacts by aligning the proposed excavation to avoid the most mature seagrasses within the system. An alignment of the channel is shown on Figure 4.5.2(g)(1) through (3). Importantly, the areas to be impacted represent less than 19% of the total area to be excavated and less than 1/3 of an acre of total impacts to seagrasses generally. Notwithstanding the relatively minor impacts to existing seagrasses, the PBSD recognizes the importance of the seagrasses within the Clam Bay system. As such, PBSD believes that the overall improvement in water quality and tidal exchange will insure the reestablishment of those seagrasses lost as a result of Plan implementation and will, if' after five year~ of operation of the Plan. provide for a mitigation response to reconstitute the lost sea§rasses if. they have not recovered fully in that time. Avoiding disruption to e×isting man,rove communities was also critical to the Plan and no encroachment on existing mangroves occurs. 4.5.2.3 Design The cuts which are intended to relieve the constrictions in the main channels flowing to the North from Clam Pass are identified in this Plan as Cuts I, 2, and 3. For Cut 1, which is immediately south of Upper Clam Bay, a depth of-3 ft. NGVD and a maximum bottom width of 15 feet are proposed. Field adjustments to this proposed configuration will be made in those areas where the existing creek is too narrow to allow a full 15 ft. bottom width. In these areas, the actual width of cut will be reduced to prevent undercutting the mangroves. In addition, to minimize the volume of spoil, the excavated channels are to conform with the deepest part of the existing channels. For the two cuts in the tidal creek south of Inner Clam Bay ('Cuts 2 and 3), a depth of -3 ft. NGVD is also proposed. This creek, however, carries greater flow volume than the northern creek and the maximum bottom width has, therefore, been increased to 20 feet. This will also facilitate improved tidal exchange. Sediment excavated from Cuts I, 2, and 3, as shown on Figure 4.5.2(h) and (k), is to be pumped to three areas lying between the dune line and the mangroves to the west. The spoil disposal sites will first be cleared of vegetation in preparation for receipt of fill. The sites have been chosen with a view to selecting those where the benefits of such removal is consistent with the overall goal of ecological enhancement and as such the sites' are typically overgrown with exotics and other nuisance plants. A temporary containment dike will be constructed on the eastern edge of the disposal site and buffered to the east by hay bales to retard backflow of spoil into the mangroves during pumping. The location of these disposal sites is shown on Figure 4.5.2 (k). 63. 1 In order to increase the tidal prism and stability of Clam Pass, excavation of a more efficient flow channel is proposed between the inlet and Outer Clam Bay. This channel, which is referenced as Cut 4, consists of four segments which are shown on Sheet 2 in Figure 4.5.2(I) and (1). The proposed depth for these segments is -4 ft. NGVD. The widths vary. For Segment 4A, which is to terminate in Outer Clam Bay, a maximum bottom width of 30 feet is proposed. For the short segment 4B, which will carry flow from the entrance channel to the northern tidal creeks, a maximum bottom width of 20 feet is proposed. For Segment 4C, which will carry the entire tidal prism of the system, a maximum bottom width of 40 feet is proposed. Segment 4D has been included as a contingency, to be utilized only in the event that access from the Gulf of Mexico is required for dredge mobilization. If such access is not required then Section 4D will not be excavated. Cuts 4B, 4C, and 4D conform to the existing channels and these cuts will not result in any encroachment on existing mangroves or seagrasses. The existing channel in the vicinity of Cut 4A is not well defined and the proposed alignment has been selected to minimize encroachment on the existing seagrasses. This has resulted in a somewhat meandering channel but the changes in the alignment will not create any significant increase in the hydraulic resistance of the channel. It is estimated that Cut 4A will impact approximately 113 acre of seagrasses. This level of encroachment is necessary to achieve the objectives of the project. Spoil from excavation of Segments 4A 4B, 4C and 4D consists of varying mixtures of sand and organic fines. In Cuts 4C and 4D, most of the material is relatively clean sand. In Cut 4B, the material is primarily sand but enough fines are present to give it a light gray appearance. In Cut 4A, the material varies from a relatively clean sand at the north end to dark organic fines at the south end. To accommodate this variation in spoil quality and remain consistent with direction received from the FDEP, the organic fines excavated from the south end of Cut 4A will be discharged, to a spoil disposal site located behind the dune line adjacent to the entrance to Clam Bay. See Figure 4.5.2(o) 16B1 8 and(p). This area presently, consist of predominately clean sand which will be excavated to a depth of- 1 foot NGVD to accommodate approximately 1500 to 2000 cubic yards of organic fines. Excavated beach sand from the spoil disposal site will be used for beach renourishment in part, but a portion will be stored on site for covering the fines upon completion of this portion of the excavation. Any native vegetation damaged or destroyed as a result of this excavation will be replaced with natural vegetation and natural regeneration will be encouraged. To assist in the control of turbidity during this portion of the excavation, the spoil disposition site will be diked and turbidity screens will be placed at the two points of connection into the main channel of Clam Pass. If additional disposal areas are required for the organic fines, then the PBSD in consultation with the FDEP and the Corps of Engineers will locate such additional areas in uplands behind the dune line to receive surplus fines applying the protocols for disposal of material from Cuts 1, 2, and 3 described in Section 4.5.2.3 above and shown in Figure 4.5.2(h) and (k). As an adjunct to the above analysis an examination of the condition of the offshore bottom was undertaken to determine the feasibility of various offshore disposal locations. This effort was undertaken in a study by Turrelt & Associates, Inc. in July 1995 and is incorporated here by permission. This study concluded that "sand substrate containing a thin layer of silt dominates the Gulf floor offshore to approximately 200 feet." Seaward of the sandy bottom, hard bottom and vertical relief was observed. The initial indications of vertical relief contained scattered rocks with attached gorgonians (sea whips, sea fans), and various algae. One of the two areas with the highest vertical relief was located from approximately 50 feet north to approximately 50 feet south of the Inlet and approximately 250 to 300 feet offshore. This area is known to contain the highest diversity of algae, epifauna and vertebrates. The other area with high vertical relief is opposite the Florida Department of Natural oRc~aao;[/rT[ 63 1 8 Resources monument R-39, approximately 350 feet from the shore. It however is located considerably north of the area targeted for disposal of dredge fines. These hard bottom areas were located with the use of a bottom finder (KING 1350 Model 1350A, 11-40voc). East-west transects were run using Department of Natural resources beach monuments R39 through R42 as reference points. Transects were run out to approximately 3000 feet offshore. A perpendicular (north-south) set of transects were run on approximate increments of 300 feet (from east to west) to a distance of approximately 3000 feet offshore. Examination of bottom finder returns was used to locate any hard bottom throughout this area and once located, "bounce" dives were performed to observe conditions on the bottom. Documented organisms identified in the dives are listed on Figure 4.5.2(m) and the general conditions observed are as noted above. Figure 4.5.2(n) shows the hard bottom transects and Figure 4.5.2(o) shows the areas of vertical relief and hard bottom. While there are areas suitable for offshore disposal of organic fines southwest of R42 and across the hard bottom area approximately 3000 feet from the shore, it is proposed that this disposition be targeted for the spoil disposition site described above to avoid the possibility of exacerbating naturally occurring Red Tide blooms in the area by adding nutrients and organic materials into the marine environment. Once that excavation is completed, the discharge point will be relocated to a point on the beach approximately 200 feet south of Clam Pass and located between the mean high and Iow water lines. This location was selected because the net littoral transport in this area is from North to South. The dredge spoil from the northern reaches of Cut 4A and Cuts 4B, 4C and 4D, consisting primarily of sand, will nourish the beach down drift of the pass and will have the least potential for reintroduction into the Clam Bay system. Both disposition areas will require a variance from the requirements of Ch. 62- 4.244(5) Fla. Adm. Code to allow for an adequate mixing zone and some measure of relief from established turbidity requirements. The locations of both disposition areas are shown on Figure 4,5.2(o) and (p). Figure Figures follows: 4.5.20) shows iepresentative cut cross sections from the stations shown in 4.5.2(h)(k) and (I). The dimensions of the proposed excavation cuts are as Design Depth (NGVD) Section 1 2 3 4C 4D Bottom Width 15ft 20 fl 20 fl 30 ft 20 ft 40 ft 40 ft Length 730 ft 550 ft 630 ft 2330 ft 200 ft 1070 ft 200 ft Volume (in cubic yards) 1140 1680 98O 158O0 1300 7700 1200 The estimated volumes given in the table above were obtained by calculating the differences between the existing cross sections and the design cross sections. These differences were then multiplied by the distances between the adjacent sections and the results were summed. A total of 63 cross sections were used for calculating the amount of excavation for Cuts 1 through 3 and 26 cross sections were used for estimating the channel excavations for Cuts 4A through 4D. 4.5.2.4 Construction The existing tidal creeks are too narrow and shallow for access by conventional dredge equipment. Moreover, upland access to the cut areas is not available for back hoes or upland excavation equipment. Existing conditions, therefore, restrict excavation tc either a diver operated system or a small barge system such as a "Mud Cat". 16BI. 8.i For Cuts 4A, 4B, 4C and 4D, excavation is to be undertaken with floating equipment and spoil discharge is to 'be accomplished through use of a discharge pipeline. Access will be gained either from the boat ramp at the south end of Outer Clam Bay or through the Pass at the Gulf. Access through the Gulf is not anticipated, but, if utilized, it likely would require the dredge to cut its way through the inlet shoals to gain access to the excavation areas. The sequencing of the interior Cuts (1, 2, 3, 4A through 4 D) is not critical except for the need to complete the work associated with Cuts 4A through 4D outside of turtle nesting season. Accordingly, it is anticipated that the order of excavation will be left to the contractor's discretion, subiect only to the necessity for meeting the preservation protocol's discussed earlier and the time constraint imposed by turtle nesting season. This excavation work in all sectors of the Plan is anticipated to be commenced as soon as practicable following approval of the Plan and will take, following mobilization on site, approximately 120 days to complete. There are no known constraints that would adversely affect commencement and completion of the work contemplated by this protocol once begun. Best management practices will be employed in order to insure that disruption to the existing ecology is minimized during the excavation process but as noted earlier, relief from the standard mixing zone protocol of 150 meters is required. 4.5.2.5 Monitoring and Maintenance These adjustments to the channels of Clam Bay are expected, when taken in concert with the other management protocols, to result in significantly improved tidal prism for the bays, improved transport of water and its constituents within the bay system and measurably improved flow rates through Clam Pass which will result in improved pass stability. The monitoring plans designed to quantify these response features are discussed in Section 4.5.6 below, ] 84 Over the term of the Management Plan, PBSD will be entitled to maintain the Cuts identified herein to there design profiles, when and as often as they silt over during the term of the Management Plan. No further permitting from either the Corps nor the FDFP will be required to institute maintenance operations, but prior to initiating the same, the PBSD will provide written notice to both the Corps and the FDEP detailing the nature and extent of the required maintenance, the time for doing so and the proposed method for spoil disposal.. The Corps and FDEP will, upon receipt of a request to perform ongoing maintenance on the Clam Bay system advise the PBSD of its approval or denial within forty-five (45) days of receipt of the request, specifying such additional conditions as either agency might reasonably impose. The initial request for maintenance shall include the information specified in Section 4.5.7.1 below. It is understood that PBSD shall not undertake any maintenance which requires access to the beach during turtle nesting season and no maintenance shall be undertaken until both the Corps and the FDEP have approved the same. The approval contemplated here will not involve a de novo review of the permit or permit conditions, but will focus on the nature and extent of the maintenance request initiated by the PBSD and the proposed benefit to be derived from the same. Maintenance that is consistent with the Plan and permit conditions shall be presumed authorized in the absence of a finding by either the Corps or the FDEP that a material detrimental impact to the ecology of Clam Bay is likely to or will occur if undertaken. 4.5.3 Interior Tidal Creeks 4.5.3.1 Existing Conditions The existing interior tidal creek system of Clam Bay consists of three conditions distributed throughout Clam Bay. The three conditions are: (1) nonexistent, (2) restricted or blocked, and (3) restored. The nonexistent condition is the result of significantly reduced tidal exchange and reduced velocity of water within the interior tidal creek system over a protracted period of time. Historically, the tidal creeks were maintained in an open channel condition by three factors. The first is the scouring of the channel sides coupled with peak water velocities expected twice a month at peak flood and ebb tides. The second factor is a result of the abrasive characteristics of prop roots and cable roots as they grow and extend into the intertidal zone of the tidal channel. These two factors combine with a third, which is boring isopod damage. Two species of isopods are normally found in excavated chambers in the prop roots of red mangroves and occasionally in other root tissues and peat sediments. These organisms act as filter feeders and construct burrows as hydraulic conduits to accommodate their feeding methods. The totality of the process leads to a weakening of the prop roots and drop roots of the red mangroves, with the result being that they will break off at the water line giving rise to characteristic browse-line effect which can be observed in portions of Clam Bay. All of these factors have combined to retard the function of the tidal channels with the result being that they are beginning to silt in some places and in others the tidal channels no longer exist. This has resulted in the loss of natural channel maintenance processes with the consequence being that the interior tidal channels are in many areas of Clam Bay totally filled in (nonexistent) or on a track to be totally filled in absent some effort at restoration (restricted or blocked). The third condition is restored and evidence of the potential for restoration can be observed from the implementation of Corps Permit No,199601979(LP-CC) and FDEP Permit No,112870025. See Figure 4.5.3(a). As Figure 4.5.3(a) suggests the preliminary results from the work undertaken pursuant to these permits indicates positive outcomes for improving tidal flows within the tidal creeks of Upper Clam Bay and therefore a positive contribution to the restoration component of the Management Plan. 4.5.3.2 Proposed Conditions It is proposed that an additional 32963 linear feet of restored channels of four types be constructed in Phases in Clam Bay (Figures 4.5.3(b), © and (all) and (d2). The four proposed types of restored channels are: 1. Internal Main Channels being approximately 96" wide and 24" deep for a total distance within Clam Bay of 380 linear feet (Yellow). 2. Internal Side Channels being approximately 36" wide and 12" to 18" deep for a total distance of 8318 linear feet (Light Blue). 3. Internal Lateral Channels being 6" to 12" wide and 12" deep for a total distance of 11918 linear feet (Green). 4. Internal swales being approximately 3" to 6" wide and 6' to 12" deep for a total distance of 12347 linear feet (Dark Blue). Additionally, yellow dots are used to reference areas '.'.'here existing channels will be subjected to maintenance and refurbishment consistent with the existing profile of that particular channel, but only to the extent required when examined in the sequence of the implementation protocol. The maximum contemplated linear feet of maintenance excavation is approximately 16002 linear feet. If fully implemented these construction activities will generate a total of 2281 cubic yards of material. Since it is expected that this protocol will be undertaken sequentially and based on results achieved from early efforts, it is probable that the actual cubic yards of material to be disbursed will be significantly less. In any event, the material will be disposed of on site by careful placement in adjacent mangrove areas and in such a fashion so as not to create concentrated piles of spoil nor create blockages to existing and proposed drainage. In order to prioritize the applicability of each Internal Channel cut, the Clam Bay site has been systematically divided into twelve (12) sub-management areas (Figures 4.5.3(b), (c), (dl) and (d2). Within each of these sub-management areas an examination of the existing conditions has allowed us to determine which of the identified channel cuts is most necessary within that sub-management area and which should be undertaken only as a contingent response to post restoration conditions. Examination of historical aerial photography (1940, 1960, 1973, 1984 and 1995) indicates areas where the closure of internal tidal channels has occurred. Evidence of probable positive impacts to the overall system from this activity can be observed from the opening of interior tidal channels in 1996 in Sub Management Area I. The restored channels have resulted in improved drainage within the isolated basins in this management Area and it is believed will, in time, contribute to the recovery of mangroves in this area, particularly if done in connection with the other restoration protocols set forth in this Management Plan. 4.5.3.3 Timing Attached as Figure 4.5,3(e) is a matrix setting forth the priorities(phases) and linear feet for channel excavation within Clam Bay. Phase One areas are those that are presently subject to waterlogging stress and are evidenced by dead or dying mangroves. These areas are in need of immediate repair and are located in Management Areas I and IV. In these areas there is a sense of urgency to accomplish remedial adjustments promptly in order to maximize the potential for improved drainage within this area of Clam Bay and to insure that even as the balance of the Management Plan is implemented, these areas will have improved tidal exchange and drainage capacities at the earliest possible time. 16 18 Phase Two areas are those where there are severely stressed mangroves, with some potential for expansion. 'See Figure 4.5.3(c). These are found in Sub Management Areas VI, VII, VIII and XII. These areas will be implemented as required after field examination of the results following completion of all other implementation protocols. This post development analysis will determine if inflow and ou~ow can be further enhanced by initiating this next level of excavation. Additionally, areas which were excavated in Phase One will be reconsidered for-supplemental inclusion within Phase Two, if after a minimum of one year of post implementation monitoring of the Phase One restoration, the results suggest that Management Areas I and IV can be fu~her enhanced by additional excavation. Phase Three areas are shown on Figures 4.5.3 (dl) and (d2) and are those areas where the mangroves show no present signs of stress, but where historical evidence suggest that internal channels were present, but now are closed or severely restricted. They are located in Sub Management Areas II, Ill, V, IX, X and XI. As with the Phase Two adjustments, improvements to these areas will be undertaken only after an examination of the results of the Phase One and Phase Two restoration and only to the extent then on site evaluation justifies. It is anticipated that these areas will benefit from the totality of the work being undertaken by the other protocols and that designed levels of excavation within Sub Management areas labeled as Phase Two and Three will be required, but only minimally, provided that the totality of the restoration protocols set forth in this Management Plan are completed in a timely fashion. Chief among those are the improvements to Clam Pass and the inner bay channel improvements discussed under Section ,4.5.2. 4.5.3.4 Design Attached are Figures 4.5.3(0, (g) (h) and (I) depicting the location and size of each of the proposed interior channels as required in each Management Area. The exact location of each of the proposed interior channels shall be field located by a suitably trained and experienced individual who will mark the exact location of the channel to be excavated within the mangroves and consistent with the priorities described above. Written notice of the completion of the field marking of the channels to be excavated shall be provided to the Corps of Engineers and the FDEP prior to any excavation activity being commenced and the Corps and FDEP shall have a period of forty-five (45) days within which to inspect and approve or disapprove of the field located interior channel excavations. If the Corps and/or the FDEP shall not comment on the proposed field located interior channel excavations within the forty-five (45) day review period, then PBSD shall be authorized to proceed consistent with the construction protocols and monitoring requirements set forth in this Management Plan, otherwise the PBSD will work with the Corps and/or FDEP to resolve any outstanding and unresolved issues surrounding the proposed implementation of the excavation of the field located interior tidal channels. 4.5.3.5 Construction Actual construction of the previously located and marked interior tidal excavation sites will be supervised by an environmental professional approved by the Corps and the FDEP. Construction protocols shall insure that collateral damage to existing mangroves and their understor7 is minimized and that Best Management Practices are employed in the implementation of the excavation required herein. It is anticipated that excavation will be accomplished by a combination of blasting and hand excavation. To the extent that ancillary permits are required for blasting to take place, PBSD will acquire such authorization independent of this Management Plan. All excavation requiring blasting will be under[aken with deference to and outside of the sea turtle nesting season. Excavated materials will~ be disposed of onsite they will not adversely affect the topography of the site~nor the existing and contemplated drainage on the site. Photographic evidence of both the pre and post construction activities will be undertaken from locations approved by the Corps and the FDEP. Final as-built dimensions will be measured in the field, noted in a boundary survey with the approximate location recorded by a GPS reading. Actual survey dimensions will not be required. This work can is to be undertaken as soon as practicable following the approval of the Management Plan and continually processed to completion of Phase I. It is anticipated that Phase ! can be completed within J20 days following field mobilization. 4.5.3.6 Post Construction Management and Maintenance Not later than thirty (30) days following completion of any section of the excavated interior tidal creeks a reexamination of the same shall be made to remove and/or alter any debris or channel cut that may, on further review, adversely effect the operation of the excavation work. During the term of this Plan, the PBSD is authorized to maintain the excavated interior tidal creeks at their design elevation and width, provide that the maintenance initiation protocol described in Section 4.5.2.5 above is followed. 4.5.3.7 Post Construction Monitoring Monitoring of the work contemplated under this protocol shall be as described in Section 4.5.6 below. For work previously undertaken in connection with FDEP Permit No. 112870025 and US Army Corps Permit 199601979(LP-CC)it is anticipated that those monitoring protocols will be subsumed into this Management Plan and will therefore cease. 4.5.4 Stormwater/Fres hwater Management 4.5.4.1. Existing Conditions The lands within Pelican Bay slope in an east to west direction beginning along a ridge line located roughly along U.S. 41 to the easterly fdnge of Clam Bay. Elevations along the ridge vary between 14 and 16 feet NGVD while elevations at the Clam Bay fringe are about elevation 1 foot NGVD. Accordingly, the slope across Pelican Bay is rapid, sloping at an average rate of 18 feet per mile. By contrast most of Collier County slopes from east to west at a rate of less than 1 foot per mile. Natural vegetation within the upland portions of Pelican Bay consists predominately of pine, palm, palmetto, turkey oak, wax myrtle, and rosemary. Much of this vegetation has been preserved within the landscape, but significant amounts of more tropical plant material has been incorporated into the landscape as a result of development. Historically, rainfall reaching the ground would either seep into Clam Bay via groundwater migration following the slope of the land or would be lost to the atmosphere via evapotranspirafion, Under predevelopment conditions, much of the area's rainfall was held on the surface of the land in sloughs and other Iow areas. This water would then slowly filter through the soil to recharge the shallow aquifer or through the mangrove wetlands to the bay. The storage capabilities of the land thus moderated surface water outflows, preventing the occurrence of extremely high flow rates during the rainy season and serving to maintain surface flow and groundwater flow into the bay during the dry season. Present conditions of land development have modified the watershed's natural hydrologic response to rainfall as described below. As development of Pelican Bay commenced, a freshwater management system was designed and permitted under the regulations of the South Florida Water Management District (SF-WMD) whereby a series of interconnected detention ponds and open water storage areas were built. These were designed primarily for flood protection for the residents of Pelican Bay, .but they additionally provided water quality treatment and quantity attenuation sufficient to meet the State of Florida water quality and quantity standards. As developed the water management system is divided into six water sheds each labeled as a Drainage System. Each Drainage System is self-contained. Rainfall reaching the ground either seeps into the ground or runs off to a storm water detention pond or detention area within each Drainage System. $tormwater is detained within the detention ponds for flood control and water quality treatment. 8tormwater discharge from the detention ponds is controlled by a series of weirs designed such that the post- development stormwater runoff rates do not exceed pre-development run-off rates. As a result, all stormwater discharges that are not lost to evapotranspiration or to ground water seepage are ultimately discharged down gradient through controlled detention ponds or areas with final ouffall to Clam Bay. This flow is accomplished through a series of weirs located in the berm that separates Clam Bay from the developed portion of Pelican Bay. See Figure 3.2.2.1(b). The Pelican Bay water management system also accepts runoff from areas outside Pelican Bay. These areas are shown on Figure 3.2.2.1(b). There is a total of 130 acres of lands outside Pelican Bay which flow through the water management system. This represents approximately 7.9% of the total contributing area. Irrigation water for 27 holes of golf and landscaping in Pelican Bay supplements rainfall in the amount of 3.0 MGD or approximately 26 to 28 inches per year of additional rainfall equivalent. The source of this additional water is from [he Pelican Bay Waste Water Treatment System (0.68 MGD), the Pelican Bay offsite ,/,,ell field (1.02 MGD) and Collier County's North Naples Wastewater Treatment Facility (1.43 MGD). This water, with the exception of the well water, is treated effluent which is stored and mixed with the well water prior to its utilization in the irrigation system. When added to the average rainfall for South Florida of approximately 53 inches per year, the Pelican Bay area has an effective annual rainfall approaching 80 inches. When viewed in the context of predictable storm events that tend to distort the amount of average rainfall in any given time span, this additional amount of irrigation water is significant. This is particularly so, when you consider that the 3.0 MGD (an average) "rainfall equivalent" is a daily event for Pelican Bay and therefore Clam Bay and occurs irrespective of and independent from the normal wet-dry season. Importantly, more that 41 inches, or 80% of the rainfall, occurs during the rainy season (Simpson et. al. 1979). Much of the summer rainfall occurs in the form of thunderstorms, and is typically of high intensity and shod duration. However, prolonged periods of rainfall sometimes result from continued inland air flow from the Gulf of Mexico. Hurricanes and less severe tropical depressions are at times major sources of precipitation, especially in late summer. During the winter and early spring the weather is generally clear although the sporadic passage of frontal systems during the winter can result in widespread, light to moderate rains lasting up to two to three days. (EPA 1973). It seems clear that the daily irrigation water volume enhances the saturation of the developed portion of the Pelican Bay uplands which in turn, reduces their ability to accommodate rainfall volume, thus effectively increasing surface and groundwater discharge. This results in noticeable groundwater discharge along the eastern side of Clam Bay. It is observable as a very slight sheet flow and evidences the significance of the altered capacity of the restructured uplands to accommodate the freshwater inputs as it did predevelopment. 4.5.4.2. Proposed Conditions Modifications to the freshwater/stormwater management system are constrained by the need to find solutions that meet the test of being cost effective, logistically achievable, and technologically feasible. The goal is best described as getting the right amount of water through irrigation in the right place at the right time and in the right amount. At present, the PBSD does not know what amount of water is necessary to augment rainfall in order to sustain the vegetation palette that characterizes Pelican Bay, nor does the PBSD know what modifications to that palette might be appropriate over both the short and long term to augment adjustments in water consumption. As s general proposition the PBSD accepts the notion that native vegetation utilizes less water than does non-native vegetation and that the practice of dispersing water through irrigation without regard to rainfall, evapotranspiration rates and vegetation requirements is in need of further study. However, accepting the notion that adjustments are feasible and having the power to enforce the same are not the same thing. Within the Pelican Bay community there are a variety of ownership structures which compromise the ability of the PBSD to enforce ¢ommunih/wide standards for moderating freshwater usage. This reality must be considered in developing any plan for adiustment to freshwater usage. For example, the golf course which consumes on an average day something in the neighborhood of 500,000 GPD is owned and operated by a separate legal entity. It does obtain its water through the auspices of the PBSD, but the PBSD does not have the legal authority to compel a moderation in that use. In like manner, the various individual homes, condominium associations, commercial and retail properties are all owned and operated under various associations with divergent and various interests impacting their willingness to be a participant in any effort to ameliorate water usage within Pelican Bay. The PBSD has direct responsibility for irrigating only about 68 to 70 acres of the common area within Pelican Bay, leaving the remainder of the acreage including the golf course or approximately 630 acres, to be managed by various individual homeowners, associations of homeowners. Accordingly, the Management Plan recognizes the necessity for bringing together these potentially disparate interests and attempting to create a framework which will allow them to work together toward a common goal of developing a series of revised management protocols for limiting the need and demand for freshwater. To accomplish this objective, the Management Plan contemplates a series of studies designed to determine the best and most cost effective way to better manage freshwater inputs to the Pelican Bay watershed and to that end will describe a set of targets for 16818 reporting back on the outcome of various studies and establish various timetables for implementing the results Of the same. 4.5.4.2(a) Study Number 1. Stormwater Detention Volume and Water Budget Analysis This study has been undertaken and its results are incorporated here by reference. The firm of Wilson, Miller, Barton & Peek concluded in a study undertaken in April 1996 entitled "Pelican Bay Waster Management System - Stormwater Detention Volume and Water Budget Analysis" that modification of the existing stormwater detention ponds in order to enlarge there storage capacity was not practicable, given both the constraints of existing development and the de minimis benefit to be achieved. Their analysis demonstrated that only 27 acre feet of additional storage capacity was available and that this represented only 0.7% of the total yearly volume of surface water flow into Clam Bay. (The latter estimated to be 3807 acre feet). It is worth noting that in four of the six Drainage Systems within the developed portions of Pelican Bay, the stormwater detention ponds are currently storing 7% more stormwater runoff than the permitted storage volume, lending further validity to the conclusion articulated in the study. 4.5.4.2(b) Study Number 2. Vegetation Analysis/Irrigation Requirements In order to determine the amount of water necessary from irrigation to sustain the landscape palette within the common areas and golf course of Pelican Bay it is first necessary to determine how much water is required and when, in relationship to the existing landscape. Accordingly, a first study will involve an analysis of the vegetation presently being irrigated by the PBSD and The Club Pelican Bay (golf course), its location within the community and its requirements for water in the ordinary course. This is, at its most basic, a study of the existing irrigation system utilized by the PBSD and The Club Pelican Bay, including a mapping of the existing vegetation which is subjected to PBSD and golf course maintenance. 116B1 8 This study will involve the taking of soil samples in various locations to be determined in order to ascertain the~moisture level and rooting depths of the vegetation in the various locations. During this review, the technician's will also take water measurements from the irrigation system to determine the timing and volume of water that is beincj disbursed durin9 each irrigation cycle. Comparisons will be made between actual water being used in the irrigation system presently and water that should be used for the same ve§etation palette in the same location it: the system were operating at peak efficiency. As an adjunct of Study Number 2, additional data will be collected to determine the chemical content of the irrigation water and the fertilizers, herbicides and pesticides being used within the areas managed by both the PBSD and The Club Pelican Bay. As with freshwater, the application of these chemical constituents to the vegetation and in particular to the tud grasses administered by both groups is significant to improved water quality. The same test applies: the right place at the right time in the right amount. With regard to the other key areas within the Pelican Bay community, the PBSD will convene a panel of representatives from the various homeowner associations and commercial interests with a view to conducting the same kind of analysis and to encourage the same kind of response. In that context, this group will be encouraged to adopt the Pelican Bay Yards and Neighborhood Program as the same might be modified after further review and input from a consortium of these persons. The PBSD will act as the coordinator and facilitator of these meetings, providing both technical support and data to assist the resident base in reaching the decision that the reduction of freshwater usage is necessary for the future ecological health of not only Clam Bay, but of the community as a whole. Accordingly, this study is divided into b, vo parts. The first relates to a joint undertaking by the PBSD and The Club Pelican Bay to determine the matters referenced above and to develop a response to the same. Organization and implementation of the study protocols are to be devised and implemented within six (6) months following adoption of the Management Plan. The study will be completed not later than one year following commencement of the same and the implementation protocols emanating from the study will be phased in over the life of the Management Plan, but to be completed no later than the year 2003. Targeted areas of specific inquiry and areas where there is thought to be potential for improvement involve upgrading of the irrigation system so that it calibrates both evapotranspiration and rainfall inputs as needed at any given location. This analysis also assumes the probable necessity for some adjustment in the quantity and location of sprinkler heads so that the placement of water corresponds with the areas where water is needed. Intuitively, PBSD suspects that the results of the study will demonstrate the following; first, that the system as presently operated is inefficient and tends to put too much water in some places and too little in other places; second, that the system by reason of excessive watering in some areas tends to create pockets of severe leaching into the ground water of fertilizers and pesticides; third, that the imposition of Best Management Practices in the utilization of the existing irrigation system would result in a more uniform and correct disbursal of water thereby avoiding over watering; fourth, that opportunities will be identified for the modification of the landscape palette over time that will allow a measured adjustment to the same. but with significant reduction in the amount of water required to sustain the vegetation over time; and fifth, that the irrigation system itself requires some modification and upgrading to insure that it operates with maximum efficiency. To facilitate the development of this Study, the PBSD will consult with appropriate experts, including, but not limited to the USDA Natural Resources Conservation Service to design the study protocols and define within the context of the broad goals articulated here the precise goals and methodologies required to accomplish the Study. The second part of the inquiry will involve an examination of the potential to retrofit the landscape palette of the common areas and golf courses with vegetation that demands less irrigation than is presently the case. PBSD will undertake this analysis in an effort to identify areas within the community controlled and managed by it and The Club Pelican Bay to determine what, if any, adjustments might be planned for implemented over time. The out growth of this study will be to develop a long range plan that targets areas of opportunity for replanting at various times over time. The goal is to reduce the amount of acreage subjected to irrigation by introducing plant material that requires less irrigation to support it in this environment. In like manner, the PBSD will encourage individual homeowners and associations of homeowners to follow suit, providing them with the technical expertise and support necessary to assist them in making the transition to this planting palette over time. The revised palette will be published and as and to the extent that the PBSD can enforce the same as a requirement of planting new vegetation within the community, it will do so. otherwise, it shall serve as guide to the resident base. 4.5.4.2(c) Study Number 3. Retarding Freshwater Flows into Clam Bay As an adjunct to the Study No. 2, it is also important to understand where water can be eliminated from the irrigation component. PBSD believes that the analysis being done under Study No. 2 will demonstrate that the application of Best Management Practices to the irrigation of the golf course and common areas of Pelican Bay will result in a diminished need for importing water for irrigation. In anticipation of th2, t outcome, the PBSD will initiate dialogue with Collier County to explore alternatives available over a three to five year period for reducing the quantity of treated effluent provided to the PBSD from Collier County, thereby reducing the amount of freshwater being applied through the irrigation system. 4.5.4.2.(d) Study Number 4. Reducing Flow from Perimeter Berm Area to Clam Bay PBSD believes that there exists a present opportunity to reduce flows into Clam Bay and that can be accomplished by reducing back the discharge into Clam Bay by reducing the size of the water control structures and the related discharge pipes that presently 16B18 facilitate the transport of water from the developed section of Pelican Bay to Clam Bay. An analysis will be undertaken to determine the cost/benefit of undertaking this adjustment in the water management system. The study protocols will be designed and completed within 180 days following adoption of the Management Plan, with implementation of the same to follow as soon as practicable. If, as anticipated, it is determined that this adjustment will have a. positive effect on both the water management system and contribute to limiting the flow of freshwater into the Clam Bay ecosystem, then the appropriate permits from the South Florida Water Management District will be processed and once obtained, promptly implemented. In this regard, it should be understood that the time table for processing these permit adjustments from filing to completion will be in the neighborhood of eight to nine months. Accordingly, this process wiII take approximately 14 to 16 months to complete. 4.5.4.2.(e) Study Number 5. Groundwater Flows PBSD believes that the combination of rainfall and irrigation, taken together with the design characteristics of the water management system as a whole, contributes to increased ground water flow into Clam Bay. To determine the present condition of that groundwater flow and in particular the discharge rate of ground water so that the relative contribution of ground water vs surface water can be calculated, PBSD will design and initiate a groundwater monitoring program to determine these flow characteristics. The protocols for the monitoring plan will be developed within 180 days of adoption of the Management Plan and once developed will be implemented as soon as reasonably practicable. It is anticipated that the data collection effort under this test will continue for a minimum of one (1) year or through one complete hydrological cycle. 4.5.4.2(0 Study Number 6. Utilization of Stormwater Management Lakes as Source for Irrigation An additional method of reducing both the inflow of water for irrigation and contributing to a more effective utilization of existing water resources, PBSD will analyze the feasibilib/of using the stormwater management lakes as primary source for accessing water for irrigation. At present, PBSD anticipates that this source may well be feasible pa~icularly during the wet season when the lares are typically filled to capacity. It is thought to be less likely that these facilities will be available in the dry season. Accordingly, this study is projected to develop a recommendation that the stormwater lakes be used as a part of a series of adjustments, all designed to reduce both the need for freshwater irrigation and to better manage the freshwater irrigation that has been and will continue to be a part of the maintenance mix at Pelican Bay. 4.5.4.3 Conclusion The results of the referenced studies are expected to allow the PBSD to develop a variety of additional initiatives to both manage fresh water utilization within the community and. importantly, to reduce the amount of freshwater utilized for irrigation in the community. All studies identified above must be initiated and completed within three (3) years following permitting of the Management Plan. At the completion of all studies, PBSD will prepare a comprehensive report to be submitted to the Corps and the FDEP which report shall (1) detail the results of the studies (2) articulate the conclusions which the studies suggest for modulating freshwater utilization within the Pelican Bay development and (3) set forth a plan for implementing the freshwater/stormwater management adjustments, including time lines for commencement and completion of the proposed activities. None of the proposed activities identified in the report referenced here will be commenced'until the Corps and the FDEP have approved the same following submission to the agencies as above described. Nothing contained herein shall preclude the Corps and/or FDEP from requesting further and additional data or information in the event that the report prepared pursuant to this Section is deemed incomplete in any material ,,';ay. 4.5.5 Ecosystem Enhancements 4.5.5.1 Integration and Modification of Existing Permits Historically, both Collier County and the PBSD have either individually or collectively pursued and obtained a variety of permits designed to adjust one or more conditions within Clam Bay. To van/lng degrees these permits have been obtained and implemented by the permittee. Each of these permits contains various monitoring and performance criteria for certain portions of the Clam Bay system. This restoration and management plan contains additional monitoring requirements that may overlap with those permits already issued. The plan proposes to remove any monitoring conflicts or redundancies and produce a more complete and consolidated data set for analysis and evaluation of the restoration progress of the entire Clam Bay system. The plan will amend and/or modify the below referenced permits monitoring and reporting criteria. To that end, each of the referenced permits shall, by the permitting of this Management Plan, be incorporated by reference and modified as described in this Management Plan. Reference should be had to Section 4.5.6 below for amended and restated monitoring criteria. Permits issued for specific activities in Clam Bay include the following: Permit Number Permit Name Date Issued DEP Permit No. CO-578 DEP Permit No. 11-2870025 DEP Permit No. 11-2859039 ACOE Permit No. 199502789 ACOE Permit No. 199501979 ACOE Permit No. 199500127 Portable Pumps and Pipe Wetland Enhancement Clam Pass Dredging Modification Portable Pumps and Pipes Flushing Cuts Modification Modification Clam Pass Dredging Y~97 5/1/96 4~2~96 4/10~96 1/28/97 6/26~96 8~9~96 10/31/96 4/2/96 (a) Clam Pass Dredging. 16B1 These permits allowed for the emergency maintenance dredging of Clam Pass which as previously noted has closed several times over the past few years. Because of the frequency of pass closure, an agreement was made a part of the Corps permit that a long term management plan for the Clam Bay ecosystem would be prepared and submitted prior to consideration of any additional dredging applications. The Corps has demonstrated flexibility in the application of that condition precedent by favorably reviewing and permitting an extension of the same to allow for additional excavation in calendar year 1997. However, that Inlet Management Plan prepared and submitted by Collier County has received Corps comment suggesting that the same should be reviewed in concert with this Management Plan. If this Management Plan is permitted as applied for, then the long-term maintenance dredging, to the extent required, will be administered according to this Management Plan. (b) Tidal Creeks These permits allow for the reopening of three historic main creek channels and several side channels to provide drainage of the surrounding black mangrove forest basin. Over the years, these creeks have silted in and mangrove roots and pneumatophores have choked the natural flow ways. Both the Corps and the FDEP permits applicable to this remediation effort were issued for five years, expiring in 2001. As permitted, monitoring includes: recording water level elevations through staff gauges and/or groundwater monitoring wells; recording salinity; sampling and analysis of eight vegetative plots; fixed point photography and completion of a baseline monitoring report. Subsequent monitoring reports are to be submitted on a semi-annual basis for a period of three years. Additional tidal creek improvements are proposed as a part of this Management Plan. Therefore, the adoption of this Management Plan is intended to and would supersede and replace the monitoring criteria specified in the referenced permits to the end that one comprehensive set of monitoring data may be obtained and evaluated for the entire Clam Bay system. (c) Portable Pumps and Pipes These permits allow for the installation and temporary use of two portable pumps and pipes to discharge water from Clam Bay when it reaches an elevation determined to result in high water conditions that could negatively impact black mangroves. The FDEP permit was issued for one year and the Corps permit was issued for five years, expiring 2002. It is the intent of this Management Plan, if permitted, to utilize the north portable pump and pipe to discharge water only at peak elevations and during severe storm events that are likely to overwhelm the system to the detriment of the mangrove forest. The north pump and pipe system would discharge water from the stormwater management system prior to entry into Upper Clam Bay. The south portable pump and pipe is designed to discharge water from Inner Clam Bay when that area reaches peak elevations. The use of the portable pumps and pipes will be evaluated as the Management Plan progresses. It is anticipated that the need for these improvements will be eliminated as the remainder of the restoration initiative contemplated by the Management Plan is implemented. On that basis, the portable pumps and pipes are intended as a long term contingency response to be utilized only in the most demanding of circumstances. No long-term biological or water quality monitoring was required by permit condition for these activities and none are proposed beyond the comprehensive set of protocols set forth in Section 4.5.6 below. 4.5.5.2 Withdrawal of Permit Application for Clam Bay Overflow Structure Consistent with the provision of Section 4.5.5.1 above, upon the adoption of this Management Plan, the Collier County Pelican Bay Services Division withdraws its Joint Application for Coastal Permit, Authorization to Use Sovereign Submerged Lands and Federal Dredge and Fill Permit Application entitled Clam Bay Overflow Structures filed with the Army Corps of Engineers and the Florida Department of Environmental Protection on or about April 11, 1996. 4.5.5.3 Evolution of Clam Pass Tidal-Channel Network Within the vicinity of Clam Pass is a network of tidal channels and sediment shoals of various ages and levels of evolution. Like the channels, the shoals are not permanent landscape features but instead are dynamic units that are being contiguously formed, reshaped, and eventually destroyed by normal tidal action and periodic storms. Typically, during a major storm, the sandy sediments in the channels and forming the shoals are "blown out" through inlets in the Gulf. It is following such storm events that Clam Pass and the inner tidal channels are at their deepest. Then during subsequent no-storm years, beach sand moving along the littoral beach front gets "pumped" in by tidal action through the pass and into the inner network of channels where it accumulates, Over time the channels fill in with sand and shallow shoals are formed The present situation reflects a relatively long interval since the last "blow out" and an almost continuous corresponding period of sand accumulation. It for this reason that it has been necessary in the past to dredge the pass to increase its cross section and depth for tidal exchange. Those recent dredging actions did not materially affect the sediment accumulations in the inner tidal channels with the result being the formation of three major shoal systems of differing ages and stages of evolution. At the present time there is a continuing net accumulation of sand within Clam Pass and the interior tidal channel network as a result of tidal pumping. If this sand is not removed, accumulation will continue concomitant with a decreasing flow cross section and a corresponding reduction in tidal exchange - at least until the next major storm event that either reopens 01am Pass (in ils present location) or opens a new pass (as in the past). This decreasing tidal exchange will further contribute to the deterioration of the interior mangrove forest, and, significantly reduce the probability of natural or assisted recovery of native vegetation. Accordingly, the no corrective dredging option has been rejeoted and the dredging plan is more comprehensively analyzed in ,Section 4.,.5.2 above. The determination to excavate both Clam Pass and the support channels running to Outer Clam Bay gives rise to a concomitant need to dispose of the spoil generated by such activity in a fashion that is not only respectful of the natural environment presently in place, but that will, if implemented properly, enhance ecological diversity and productivity within the Clam Bay ecosystem. Additionally, the need to dispose of spoil requires that it be done consistent with existing technology, and that the process for disposal be both logistically feasible and cost effective. It is out of these concerns that the spoil disposal plan described above emerged. 4.5.5.4 Dead Mangrove Removal and Landscape Restoration For aesthetic reasons and to facilitate restoration, the majority of the standing dead trees along the coastal development road should be removed. Removal can be accomplished with chain saws to cut the trees trunks at close to ground level and to buck (cut) the trunks and limbs into small pieces (18 to 24 inches). All of the bucked slash (cut wood) should be placed in contact with the sediment to facilitate natural decomposition - wood not in contact with the sediment will only decompose very slowly. A number of the tallest trees should be left standing to serve as perches for birds. By leaving the bucked slash onsite to naturally decompose eliminates the significant problem caused the physical removal of the trees which would necessary result in extensive sediment disturbance and compaction. In terms of tree removal intensity, all standing dead trees should be removed from within about 20 feet of the Strand road, together with 50 percent of the remaining dead trees in the area. From the road, the foreground would be totally cleared of dead trees whereas dead trees would remain in the background but these tend to visually blend in with the living forest backdrop. To accelerate restoration at minimal cost, mangrove starter islands should be established at random suitable locations throughout the area of mortality. Mangrove starter islands are irregular circles or polygons approximately 3 yards in diameter within which the substrate has been tilled and subsequently planted with a high density of older reproductively-mature (2 to 4 feet tall) potted or root-balled mangroves of several species. The substrate is prepared by tilling (literally turning over the soil with a spade to loosen it to a depth of 1.0 to 1.5 feet) to improve substrate aeration. The planting holes are then excavated, partially filled with mulch and slow-leach fertilizer and the plants planted. When the island has been planted the substrate surface is then covered with surface litter (leaves, twigs, debris) from a nearby natural forest area. The started islands are then fertilized every three months for one year. Starter islands serve several important purposes. First, they are aesthetically pleasing and provide "instant" visual landscape diversity. Second, they serve as a local propagule or seed source which results over time in a lateral expansion of the island. Finally, they serve as a microhabitat and refugia for resident and transitory arboreal and cryptic fauna. Also, from a more practical view, starter islands are a reasonable substitute for the uniform planting of large areas with small plants. VVith specific regard to the barren areas around Clam Bay, they are far removed from existing seed sources such that only the relatively small seeds of the white mangrove are capable or being transported to those areas. Thus, having starter islands with the other mangrove species would create a viable opportunity for local regeneration. The only issue concerning the location of the islands is that each should be linked, minimally with a ditch, to a nearby surface water. 6B18 4.5.5.5 Cattails In the more northern reaches of the Clam Bay system where salinities are extremely Iow, there are viable populations of cattails. Although not desirable, this type of aquatic vegetation is notoriously difficult to remove. However, in the context the broad plans to restore the hydrology of the system, it is likely that the planned increase in surface water salinity will serve as a control on cattails which are salt intolerant. Accordingly, over time the cattail population will be subjected to salt stress and eventually decline, and therefore no overt cattail eradication measure is proposed as a part of this Management Plan. 4.5.6 Monitoring The monitoring is designed to not only continue the development of the base line data that gives rise to these recommendations, but to develop additional data that will suggest alternative management options and evaluate the success of the management protocols that have been implemented. Five areas have been selected for periodic monitoring. They are as follows: Salinity Monitoring Biological Monitoring Sediment/Water Quality Monitoring Hydrologic Monitoring Seagate Culverts Flow Monitoring These five areas represent important indicators of the overall well being of the Clam Bay system and each is discussed below. 4.5.6.1 Salinity Monitoring The inflow of both freshwater and salb, vater Clam Bay is of primary importance to the biological communities and the overall health of the Clam Bay ecosystem. An important component of the Management Plan is to evaluate any changes to fresh and saltwater inflow into the Clam Bay as a result of implementing the Management Plan. A salinity data set will be developed for Clam Bay to evaluate the impact of selected management options on changes in salinity. The management options to be evaluated consist of maintenance dredging and expansion of existing channels at Clam Pass and the interior tidal 'creeks and how those impact on the distribution of salt and freshwater in Clam Bay. To better refine the salinity data set for future use and to obtain a better understanding of the fresh and saltwater distribution in the Clam Bay six (6) continuous salinity 6B18. q monitoring units are recommended. These monitoring units would provide information on, not only short-term, but long-term changes in the bay as well. The six locations for the salinity monitoring units are to be located as follows: one at the southern and northern end of Outer Clam Bay, one in the vicinity of Clam Pass, one at the northern and southern end of Inner Clam Bay and the sixth at the northern end of Upper Clam Bay. Salinity monitoring is an ongoing activity of the PBSD at three of the six locations with a fourth being managed by the Collier County. Natural Resources Department. This management protocol contemplates the continuation of these data gathering activities following implementation of the Management Plan and the addition of two more monitoring stations. The salinity monitoring protocol contemplates quarterly analysis over a period of one week. The Clam Pass station would provide information on saltwater inflow while the Upper Clam Bay units would provide information on salinity distribution in this portion of the bay. The Inner Clam Bay stations would provide an interim calculation to monitor consistency and/or deviations as seawater moves north through the system. The Outer Clam Bay station would provide insight into the effectiveness of both the enhanced tidal prism and the Seagate Culverts retrofit on salinity within the southern reaches of the system. (See Figure 3.2.3.1(a)) The recommended equipment for this monitoring function is a Micro CAT SBE - 37-SM with serial interface and memory. It will record over 100000 data points for salinity, temperature and time over intervals ranging from 14 days to over two years (10 minute sampling intervals). The desired sampling interval will be field determined. Once programmed and deployed, data can be down loaded with a lap top computer. This information would assist in further evaluation of salinity patterns and future modeling activities. This management option would be coordinated with PBSD's ongoing water quality monitoring program. 4.5.6.2 Biological Mon'itoring 16B18 To determine the long-term status of the biological condition of Clam Bay, it is recommended that several parameters be monitored on an bi-annual basis. These parameters would include the distribution of: · Seagrasses; · Wetland plant types including mangroves; · Exotic plant species; and · Selected wildlife. Seagrass distribution, abundance, and species richness appears to be tied to the dynamic behavior of the shoals, salinity, and light within the area from Clam Pass to the south and into Outer Clam Bay. It is recommended that a continuing survey program be implemented on an annual basis. The need for this work is apparent given changes in grass bed location and size proposed in this Management Plan. The kind of seagrass growing in each sub-area also' reveals long term salinity and light conditions and when coupled with the salinity monitoring results will serve as a check on those reports. Wetland types and distribution as well as mangrove types and distribution need to be monitored closely. The system is large and difficult to access, but aerial photography can be interpreted with meaning and on ground verification of the aerial photography can be undertaken selectively and with precision. The specifics of this task are linked to the modifications to the interior tidal creeks and the monitoring protocols are defined there. Another related need is the monitoring of exotic plant species encroachment into the spoil disposal sites within Clam Bay. Attention will be given to exotic infestation within these communities and to the extent encountered, appropriate steps will betaken to insure that the percent of cover is kept at or below 1% of the surface area of any one spoil disposal site. 4.5.6.3 Sediment/Water Quality Monitoring. To determine the present and prospective quaiity of the sediments in the stormwater runoff, and in particular the character of the nutdent loading resulting from the same will require that the program of sampling and monitoring of various water components as is presently being performed by the PBSD and Collier County be continued and consolidated under the Management Plan except as otherwise described herein. In this context there are four locations located along the eastern berm that separates the mangrove estuary from the developed areas of Pelican Bay, as well as, three sampling stations located in the Clam Bay area itself. The latter three are located in Outer Clam Bay, inside Clam Pass at the point where the channel cut takes the main portion of the tidal exchange to the north and at the northern terminus of Inner Clam Bay. A foudh station will be added in Upper Clam Bay. Except for the addition of salinity monitoring, the protocols tested for at each of these stations will remain as presently conducted by the PBSD. Accordingly, at the four units located within the bays, PBSD will test for salinity, Silicate, Nitrites, total Organic Carbon, Chlorophyll, Phaeophytin, temperature, pH, conductivity, dissolved Oxygen, total Phosphorous, Nitrate, Nitrate Ammonia, total Kjeldahl Nitrogen, and total dissolved solids. At the monitoring stations located along the interior berm at the eastern edge of Clam Bay, the monitoring will include each of the parameters from temperature through dissolved solids listed above. See Figure 3.2.3.3.(a)) for the location of these monitoring stations. It is anticipated that this program will be conducted on a quarterly basis during the life of the Plan with reports to be submitted semi-annually. 4.5.6.4 Hydrologic Monitoring. 16B1 8, In order to ascertain the workings and effectiveness of the improved tidal amplitude contemplated by the remedial action recommended by this report a program of hydrologic monitoring will be implemented. The movement of tidal water will be catalogued as will water levels at various times over the life of the project This monitoring will include analysis of tide.measurements, rainfall, and groundwater accessing the system in order to better understand over time both the amplitude and duration of the flood and ebb tides behavior within various parts of the geography of Clam Bay. The plan contemplates three (3) recording tide gauges that will operate continuously. They are located at Clam Pass, Outer Clam Bay and Inner Clam Bay. Additionally, Tide Staves will be field located within Clam Bay to augment the automated tide gauge readings. Locations of tide gauges and staves are shown on Figure 3.2.3.1(a). Bathymetry readings at ten (10) locations to be field located will complete the hydrologic monitoring protocol. 4.5.6,5 Seagate Culverts Flow Monitoring. In order to understand the working characteristics of the Seagate Culverts as modified, the flow velocity of the culverts both pre and post modification will be monitored by use of a flowmeter. Flow will be measured at least once every hour at the Iow tide and ending at the high tide of Venetian Bay. Time, direction and flow velocity are to be measured and from that approximate quantities of water through the culverts is to be computed. [See Sections 4.5.1] 0~.042680; :1¢~2 9.5 4.5.7 Contingency Planning The research and analysis which supports this Management Plan indicates that the increased tidal exchange and the long term modifications of freshwater inputs into Clam Bay will rectify the conditions responsible for recent mangrove die-off and restore the bays to a more productive condition, it would, however, be unreasonable to believe that all future responses of a system as complex.as the Clam Bay system could be precisely predicted. Moreover, it is expected that, once the system has adjusted to the proposed changes, areas for further improvement will become apparent. To maintain operational flexibility, the Management Plan includes provisions for future contingencies. This approach is both desirable and consistent with the overall intent of the Plan; to create operational flexibility in the long term management of Clam Bay. Accordingly, four areas of contingency planning have been identified and are discussed here. 4.5.7.1 Clam Pass/Main Channel After the completion of the initial restoration of the pdmary flow channels within the Clam Bay system, the system performance will be maintained as previously discussed. If it is found that maintenance activities are required or that further improvements could be realized by work of a character similar to that authorized in the initial restoration, such work will be considered to fall within the provisions of the Contingency Plan. Before undertaking such Contingency Work, PBSD shall submit to the permitting agencies the following data (1) plan and cross-section views of the areas proposed for maintenance, (2) calculations of excavation quantities, (3) the timing of the maintenance excavation including the duration of the proposed activity and (4) such other matters as the permitting agencies might reasonably require. It is recognized that PBSD must obtain the prior approval of the permitting agencies for the implementation of Contingency Work in the Pass and the main channel. Notwithstanding such requirement, it is not intended that the process of approva~ for Contingency Work in the Pass and/or the main channe~ v/il~ rise to the leve~ of a full Permi! review, ~l being understood that Contingent! Work within the system described in the Plan is a permitted activity, provided that such Confin§enc¥ Work is consistent with and does not exceed the design and implementation criteria specified in F'DEP Permit No. 01284B3-001-JC. 4.5.7.2 Interior Tidal Creeks The excavation of the interior tidal creeks described in Section 4.5.3 above contains the operative contingency protocol. Sub Management Areas I and IV will be restored as a first response with work in the other Sub Management Areas to be undertaken, if at all, only to the extent required to achieve the then determined field improvements. After the work Jn Sub Management Areas I and IV has been completed together with the work at Clam Pass and the main entry channels, then an evaluation of the results of the same will be undertaken in the field and recommendations made with regard to, whether or not and to what extent, additional work on the interior tidal creek system is needed. If it is determined that additional work is desirable, the PBSD will file a report with the Corps and FDEP advising them of the findings and detailing the proposed scope, location and rationale for the additional excavation. The Corps and FDEP may, at their option, comment on the proposed work, but absent a finding of material and substantial change that impairs the ecological integrity of Clam Bay or that the proposed work exceeds the contemplated scope of excavation as detailed in Section 4.5.3 above or that the proposed work, will, based upon a new finding or more current data compromise the ecological health of the Clam Bay system, the PBSD is authorized to implement the additional excavation. All additional excavation undertaken pursuant to this Section shall be in conformity with the excavation protocols set forth in Section 4.5.3 above. 4.5.7.3 Seagate Culverts 15B18. The installation of the flow control structures to the Seagate Culverts is expected to contribute to an increase in the tidal prism in Outer Clam Bay. It is not expected to have any detrimental effect on the operational characteristics of Doctors Pass or the Moorings Bay system. Therefore, as and to the extent any post installation review of the operational characteristics of the S.eagate..Culverts rev. e.a!.s a. ny level of disintermediation in the operation of the Moorings Bay System or of Doctors Pass, a reevaluation of the Seagate Culverts will be undertaken and such adjustments as are suggested by the evidence will be evaluated and, if appropriate, made in the operation of the Seagate Culvert system. This may include, among other modifications, the reestablishing of the oscillating flow characteristics that preceded the installation of the control valves. As and to the extent that the post installation data suggest a return to the pre modification condition, this modification will require the concurrent consent of the Corps and the FDEP before implementation. The PBSD will submit to the Corps and the FDEP such data as is reasonably necessary to evaluate the recommendations of the PBSD and the Corps and FDEP will evaluate the same in accordance with their established procedures. The PBSD will implement the recommendations that emerge from the review by the Corps and the FDEP. 16B18~ ATTACHMENT B: PERMIT DRAWINGS SHEET 1 6 ? 8 9 10 11 t2 13 ]6 17' 18 19 20 21 22a 22b 22c 23 2,-: 27 28 29 3O 31 32 33 34 FIGURE 1.1 1.1(b) 1.1.(c) 1.1(d) 3.2.2.1[ai 3.2.2.1(b) 3.2.2.1(c; 3.2.3.1¢a) 3.2.3.3/a) 4.4(a) 4.4(b) 4.5.1 4.5.1(b) 4.5. l(c) 4.5. 4.5.1(el) 4.5.11e2) 4.5.2(a) 4.5.2(b) 4.3.2(c) 4.5.2(d) 4.5.21e) 4.5.2(f) 4.5.2(g)(1) 4.5.2(g)(2) 4.5.2(g)(3) 4.5.2(h)(k) 4.5.2(I) 4.5.2(I) 4.5.2(m; 4.5.2(nl 4.5.2(o) 4.5.3(a) 4.5.3Ib) 4.5.3(c) 4.5.3(dl) 4.5.3(d2) 4.5.3(e) 4.5.3(f) INDEX OF FIGURES DESCRIPTION Location Map 1992 Mangrove Die-off Areas 1995 Mangrove Die-off Areas 1996 Mangrove Die-off Areas Map of Clam Bay Map of Pelican Bay Stormwater Management Map of Pelican Bay 5tormwater Management (Soulh) Salinity and Tide Gage Field Stations Water Quality Monitoring Stations Restoration Implementation Schedule Water Study Implementation Schedule Location Map - Seagate Culverts Existing Conditions - Seagate Proposed Improvements - Seagate Check Valve Detail Erosion/Turbidity Control Erosion/Turbidity Control Plan View of Constrictions Mean Tidal Cycle Water Surface Cumulative Frequencies Representative Water Depths Model 1; Creeks and Bays Model 2; Storage Areas Alignment of 4A of the Channel Sheets 1 and 2 showing Seagrass Disbursement Sheets 3 and 4 showing Seagrass Disbursement Excavation/Disposal Plan -Cuts 1, 2, & 3 Excavation Plan; Cuts 3 and 4 - 4D Typical Cut Sec"tions Organisms Offshore From Clam Pass Hardbottom Transect Locations Spoil Discharge and Mixing Zone Locations Photographs of West Side of Upper Clam Bay Phase One Sub Management Area Phase Two Sub Management Area Phase Three Sub Management ,Area Phase Three Sub Management Matrix of Channel Excavation Priorities Cross Sections of Main Channels 36 37 38 4.5.31g) 4.5.3/h) 4.5.3d) Lateral Channels and Swales Methods of' Spoil Disposal Methods of Spoil Disposal ('2) 16B184 OR0_o.9..I PAHA~A 16B18 ~ S7. AU~USTfN£ BEACH CITY PROJECT LOCATION LLIER COUNTY I I KEY WEST LOCATION MAP CLAM BAY lWILSON-~MILLER-- Figure ~.~(a) 2..?R. 6, 5-) V'a'ND£Rt~iLT ROAD 1992 OI£-OVV AREA = (7.4 ~¢.) LOCATION OF 1992 MANGROVE DIE-OFF AREAS PELICAN BAY SERVICES DIVISION { rqaure ~ILSON ~'~(~) MILLER LEWIS ENVIRONMENTAL SERVICES, INC. VAND£RBiL T ROAD 0 1995 DIE-OFF AREA = (29.6 LOCATION PROJECT: CLAM BAY OF 1995 MANGROVE DIE-OFF AREAS _APPUCANT: P~LICAN Vv' II.,S 01,4 lvtlLLER BAY SERVICES D/VIS/ON I,RWIS ENVIRONMENTAL SERVICES, INC. Figure :.l(c) 199602789 (IP-CC: APR. 6, ~ c~ ND£R CH C ~ FEB., 1996 TOTAL LOCATION OF PROJECT: OLAM 8AY ~=PUCx~: PELICAN V,;ILSON DIE-OFF AREA = (8.9 ac.) DIE-OFF = 45.9 ac. 1996 MANGROVE DIE-OFF AREAS BAY SERVICES DIVISION LE ~I_S_ ENVIRONMENTAL SERVICES, INC. Figure 1. 199602789(IP-CC) APR. 6, !99~ S~-~¥E 16B1 8.~ ;/ 16fJ~ 8 ,, ~ TIDE ~u(;E m SALJNITY 0 TIDE STAFF GAUGE 0 CURRENT SALINITY AND TIDE GAUGE FIELD STATIONS PROJECT: CLAM BAY Figure ,,u:PUCXm': PELICAN BAY.SERVICES DIVISION 5.2.3.1 (a) V, zILSON MILLER COLLIER ~A,m~.. I997 TACKNEY AND ASSOC., INC. '~'.' -- ~ ~- COASTAL ENGINEERING ~ ~ NO 102-~0~ l -~P~ P~- 79 O. T. TACY, N'-EY ~ I~Go 205-3~ Ii 199602789 (IP-CC) i ,Il :~P,. 6, z998 I 4 EXISTING AND PROPOSED WATER QUALITY MONITORING STATIONS PROJ£C'T: CLAM 8A Y ~gu?e ~Pu~: PELICAN BAY.SERV/CES DIWS/OM ~.~.~.~.(o) COASTAL ENGINEERING ~ ~ 8 tl 1! II II Il ti i i , 0 z,,L91 199602789(1P-CC) APR (~. [998 C PRO~ECT: PELICAN LOCATION MAP BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS t ,'¢Puc,~m PELICAN BAY ,SERVICES DIVISION WILSON I L L E Ri- ,, ~',, .~,,, ~2 Figure 4.5.1 .(o) 199602789(1P-CC) APR 6. 1998 PLAN VIEW SECTION PELICAN EXISTING CONDITIONS BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~PUCXNT: PELICAN BAY SERV/CES D/VISION Figure 4.5.1.(b) 199602789(IP-CC) APR 6. 1998 TUR~TY g.~l~ --~ ~ ~p£ ~ 6B 1 8~ PLAN ViEW INSTALL CONCRETE HE_ADWALL, J - ?IDEFLEX CHECK VALVES AND R/P-RAP SEDIMENT BASIN DITY BAR~fR I~oTrou [].cvxr~o~ . (-)..~o LEx C.,RN) £ ~%--------- - SECTION l' - 20' HOf~ZONT,~L N.r.s. 'WT.R'nC,4. PROJECT: PROPOSED IMPROVEMENTS PELICAN BA Y. Y~/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~PUC. X~: PELICAN BAY ~ERV/CES D/V/S/ON LSON-~ M ~ WI 'ILLER ,, Figure 4.5.1.(c) 199602789([P-CC) APR 6. 1998 43" L~"VEL I 24' RCP BALL TIDEFLEX TF-2 CHECK' VALVE N.T.S. CHECK VALVE DETAIL PROJECT: ,~Pu~: PELICAN BAY SERVICES O/V/S/ON PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS '~IL~$ON ~ MILLER COUJCR 15 4§$ 0103-081 -GO5 r~gure 4.S.1.(d) 199602789(~-CC) APR 6. 199,~ £LE~/ATtON TYPICAL SILT FENCE BALES TO 8UTT SECTION N.T.S. y ~r. mOR a~LF.S ~ 2 - 2' x 2' x 4 STAKEc PLAN 2' x ""' /" L. o0S~ SOIL PLACED BY SHOVEL ..... ~ ~ J ~_ UGHTLY COUPAC'rED ALONG ~,~t. % / UPSTREAM EDGE OF BALES · FILL SLOPE SECTION TYPICAL BALE SILT BARRIER N.T.S. EROSION/TURBIDITY CONTROL PLAN PRCk~rCT: PELICAN ~PUCx~: PELICAN BAY SERVICES D/V/S/ON BA Y/CLAM BA Y-SEAGA TE CULVERTS IMPROVEMEN?S XKJILSON MILLER COLDER 495 F~gure 4.~.i.(el) ST'ET:~HEN A. 6IE,A~S 199602789(IP-CC) APR 6. 1998 CLOSED CELL SOUl:)-t Pl~'nc FOAX~ . \ POST (OPTIONS: FL. OATATJON (6'DIA. \ 2' x 4' OR 2 I/Z' EOIV.)(12 LI~S. PER \ MIN. DIA. WOOD: STEEL J 6' MAX I .j/ -,--_, [. _uZ_.- NTU~N I I L -' =/~' POL'mRO I ~ ;; ~ _~.q.£~.c[D ~vc IfF-RoPE (600 ui / ~1 . It Il Il 7 II ~A~c (30o PsiIII eRUxIN¢ / -~l hi! ii ;; / FLOATING C~vA~rZ~ ,~ oz I-LOATING TURBiDiTY=I t t c~" STAKED TURBIDITY BARRIER~'LoN' ~ RE1NF'ORC BARRIER "J' ~ wc FAa~-~Cc (.300 PSi T~-r) CONST~U~O/~ '""TUR BIDFTY BARRIERS .J SHORE UNE AP P LICATIO N...____S TURBIDITY BARRIERS N.T.S. EROSION/TURBIDITY CONTROL PLAN PROJECT: PELICAN BA Y..~/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS AJ:'PUCAm: PELICAN BAY SERVICES D/VIE/ON Figure MILLE 199602789([P-CC) APR 6. 1998 TG-3 O. AU 8AY PASS o CL~ 18 PROJECT: TG - TS - ~;ILSON TiDE GATE ~ ~OE STAFF PLAN VIEW OF CONSTRICTIONS IN PRIMARY CREEKS, CHANNELS &:: CLAM BAY PELICAN BAY SERVICES D/VISION TACKNEY AND ASSOC., INC. COASTAL ENGINEERING BAYS Figure O. ?. FLA. ~C. 20583 199602789(IP-CC) APR 6. 1998 I I APPROXIMATE MEAN TIDAL CYCLE FOR GULF AND INNER CLAM BAY - JUNE GULF 6, 1996 1 O0 % 10% [ 0 WATER SURFACE CUMULATIVE FREQUENCIES PROJECT: CL.~M EA Y A~PLICAN'T: PELICAN BAY SERVICES DIVISION VFILSON O TACKNEY AND ASSOC., INC. '. COASTAL ENGINEERING MILLER Figure 4.5.2.(b) 4.5.2.(c) 1996o2789(IP-CC) APR 6. 1998 -Zl ]6 18~ -I.7 .INE PASS C~rER 0_~ 8AY -ij -L7 -j REPRESENTATIVE WATER DEPTHS PROJECT: C~M ~AY A~PUr_.ANT: PELICAN BAY SERVICES D/V/S/ON X~ZILSON O TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER Figure 4.5.2.(d) o. T. TACY,~L'Y FLA. R~C. 20~ 199602799(IP.CC) APR 6. 1998 P^$S ex'r R=O. JIII ley. CL/~ PASS UPPER STORA~ AREA LOWER STORAGE AREA 16B18i MODEL-1 (UPPER CREEKS &::: BAYS) MODEL-2 (STORAGE AREAS) PROJECT: CLAM BAY ¢¢PUC. ANT: PELICAN BAY SERVICES D/V/S/ON ------' . TACKNEY AND ASSOC, INC ~'~,,, ~L~,~ !"""x¢~.. ,997 MILLER ....... r[gure 4.5.2.(e) 4.~..2.(f) D. L 199602789(FP-CC1 APR 6. 1998 CLAM PASS SHEET 4 18 SHEET .3 SHEET 2 SHEET i OUTER CLAM BAY PROJECT: REFER TO CLAM BAY FIGURES 4.5.2(9)(2) AND 4.5.2(g)(3) FOR BREAKOUT SH .... ALIGNMENT OF SECTION 4A OF THE CHANNEL .o..E..,=,,.c PURIDO~£~; ONLY APPLICANT: PEL/CAN 8A Y SERVICES DIV/S/ON 1¢ZILSON O .. TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER Figure '~.5.2.(g)(l) FLA. SHEET 30-gO~ Holo~ule 60- HaloCule $0-~0,-. Ha~oc~ule 70-80:: X~gae Shot1 Cross · Uqae Coverea Restrlctea West 40-50~. ~0-5C,': Restrlcteo to West S;c~e 65-70Z HOIoOule < 20% Pa:thy PROJECT: C~4M 8A Y ..,I. A~=PLICAm: PEL/C,4N 8AY S~:_RV/CES D/V/S/ON · ' Vv'ILSON.. e '. TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER FOR m~R~JTiNC 1 PURP0_~ £$ ONLY ?icure ! 996027~9(IP.CC) APR 6. 199.S SHEET 3 ScO~re,'J <~0~. Heavity Scourea Mon~roYe < 5X Shor~ -Algo Co~erea 50-50% f0- ;SX Heavily ~hort -A/gO 60- 70:~ Scourea Short Coverco SHEET ,4... 6F l 8.4 Mono;rove 5-10, Short Coverga 6O- Scourea PROJECT: CZ.AA// 8A Y Appuc.,~'r: PEL/CAN BAY SERV/CE$ D/V/S/ON W' ON TACKNEY AND ASSOC., INC. ~~,~"~ ~_ ,d~.~.. ,,9, MILLER COASTAL ENGINEERING ~,,,~_~,,-~,_,..~.o_~ ,,~ .~ ,o-2o,. Short Scoured Sco~r~a Very Heov;~y Sco~ea ~R PER~I~,NO ONLY Figure 4.5.2.(g)(3) D. ;. TAC~N~ rt.x. R£C. 20853 199602789(IP-CC) APR 6. 1998 UPPER BAY gte Enaing Point 1Sft CH,,m,,4NEL ?,.T0 ~t LEN¢i'H Aoorox;mate Beginnin9 Point NORTH BOARO'#ALX )fox;mote (:UT ~r 2 20fl O"IANNEL 55O tt LF. NG~ AOproxlmote Beg;nning APPRox~,,m, TE LOCATION OF SPC:L OISPOSAL AREAS FOR CUTS PROJECT: SILT FENCE/~ FILTER FABRIC ,j.., CUL____~F F~ ~PICAL SECTION SPOIL DISPOSAL EXCAVATION/SPOIL CUTS 1 &: CLAM DISPOSAL PLAN 2 &: 3 FOR PERMIt';NC PURPOSES ONLY APPUC,a, NT: PELICAN BAY SERVICES D/V/S/ON ~v'ILSON e - TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER I agure ~ 4.5.2.(h) ':'""~~ ~.5.2.(;0 O. : TACK~L'9" rL~. ~EC. 2085.~ i 99G027,~9{~.C'C) ! 1, I ~ 1-~.,-:~ I I I ~ IIIii I t~t IIII III i111 III Itttl !llltll iii t tl 199602789(IP-CC) APR 6. 1998 LOCATION MAP PROJECT: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS APPUCANT: PELICAN BAY fiERV/CES DIVISION WILSON~MILLER~" ,, =~' ] "' ~ ~ 010381 P~-79 Figure 4.s.~.(a) 199602789(IP.CC) APR 6. 1998 Crr~) PLAN VIEW SECTION EXISTING CONDITIONS ~o~[c~: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ,~Pu~: PELICAN BAY SERVICES D/VISION COLLIER IS 495 0103-081-005 Figure 4.5.1.(b) 199602789(IP-CC) APR 6. 1998 ~ 3 - TIDEFLEX CHECK VALVES . ~ RIP-RAP 5EDIMENT BASIN T~ OF ~p-~ _PROJE~: PELICAN BA~/C~M BAY-S~GATE CULVERTS IMPROVEMENTS ~gure ~Pu~: PELICAN BAY .SERVICES [?/VISION 4.5.1.(c) ILSON t~ M ~ L L -- 199602789(IP-CC) APR 6. 1998 ~6~1 '~WATE:R LEVEL. ~///////////////~ ~////////////// 43' C 1 24' RED BALL TIDEFLEX ~ N.T.$, CHECK VALVE DETAIL ~ROO~CT: PELICAN BAY/CLAM BAY-SEAGATE CULVERTS IMPROVEMENTS ~,uc¢~: PELICAN BAY SERVICES DIVISION 'gVIL~$ O~~N ~ M IL L E ~ kl~ Ill, IMek~ ~ MIM,-M,e? ~ {~,il! ke--4444 ~ (Nil COU.]ER r03-081-005 15 Figure 4.5.~.(d) 199602789(IP-CC) APR 6. ! 99~ POST -~J_ 6' UAX. £LE~/^T~ON POSITION ,1 ~ C PLE PO'ST ~L~*// Posrr,o. (c.~rED ;,----~ 2~ ~ow~ r~o~ 'I ~ /CONFORM, A~CE WITH ' ~) ~SEC. gas FDOT SPEC.) ) ~ ~ ~LTER F~R)C JjJj J~ ~SiL~OW , I~----~ . ~~ BURIED DEPTH II U- TYPICAL SILT FENCE SECTION ~ N.T.S. ANCHOR BALES WITH 2 - 2' x 2' x 4' STAKES PER BALE FLOW PLAN PROJECT: PELICAN STAKE ~/UPSTREAM EDGE OF ELALES SECTION TYPICAL BALE SILT BARRIER EROSION/TURBIDITY CONTROL PLAN N.T.S. BA Y/CLAM BA Y-SEAOA TE CULVERTS IMPROVEMENI'S ~PUC~rr: PELICAN BAY SERVICES DIVISION WILSON M E 495 O l OJ-O~ l -O0$ PE'I?- Tg U,C.R. 16 ¢v d8 Figure 4.5.1.(el) 199602789(IP-CC) APR 6. 1998 " CLOSEO CELL SOLID m . PL,~-nC ro,,~,~ · \ ,: POST (.OPTIONS: F'LOATATION (6"' DIA. \ 2' x 4 OR 2 1/2' EQIV.)(12 LBS. PER \ MIN. DIA. WOOD: S-F. EELI = .... I --r-. / /'~-~a oz. N'n,.ot~ .~ / Ra.rORCEO ~'C I-ff/-ROPE (600 LB. / OI . I/ II II 7 I I r~R~C (ZOO PSi /11 I]R~KING / =1.... "r'nl / Il i~ / II 'rEST) ~nm L~,aN¢ 14.1 smENm'~) / "'/ ":::' I/ '.] ~l / FLOATIN c~v~,z[o -- '--,a oz ~ ~u~~°]tI c~. S~AX~D ~u~rry ~A~~o.' ~ ~ l: z REINFORCED _BARRIER ~ F/~IRI¢ (300 PSl TEST) CONDUCTION SHORE UNE BARRIER APPLICATIONS TURBIDITY BARRIERS N.T.S. EROSION/TURBIDITY CONTROL PLAN PROJECT: PELICAN BAYz/'CLAM BAY-SEAGATE CULVERFS IMPROVEMENTS · ~PU~: PELICAN BAY SERVICES D/VISION XVILSON ~ MILLER COLDER 4g$ 0105-081-005 Figure 4.5.1. (e2) 199602789(FP.CC) APR 6. 1998 TG - T1DF GAT~ TS - T/OF STAFF IN 16B1 / C~ BAY OUTER CLA~ BAY PLAN VIEW OF CONSTRICTIONS PRIMARY CREEKS, CHANNELS & BAYS PROJECT: CLAM _A.'='~UCA~: PELICAN BAY SERVICES D/V/S/ON ~VILSON TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER. Figure 4.2.2.(0) O.T. 199602789(LP-CC) APR 6. 1998 GULF LOW I ;I BAY LOW f BAY HIGH 6B18 ' i 14:00 I~" O0 16:00 17:00 APPROXIMATE MEAN TIDAL CYCLE FOR GULF GULF AND INNER CLAM BAY - JUNE 6, 1996 I00~., 50% 0 ~ UPP~ ~co %~, INNER CLAU BAY -I.0 0 BAY 1.0 2.0 WATER SURFACE CUMULATIVE FREQUENCIES PROJECT: CLAM BAY ~Puc,~rr: PELICAN BAY SERVICES O/VISION WILSON ~l~ .. MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING I .~2...13 495 2~'~ I NOlO2-OSO-OOl-f'Rp~lff~ _ I LI, l.B./918 J I9 =r ~ Figure 4.5.2.(5) 4.5.2.(c) O. T. T~,I~ 199602789(1P-CC) APR 6. 1998 UATCH LINE MA' CLA~ PASS -J INND:J .-Zl -La -IJ ~2 ,,.I.~ -Zl -IJ -LO REPRESENTATIVE WATER DEPTHS PROJECT: CLAM BAY ~gure A~PUCXNT: PELICAN BAY SERVICES D/V/S/ON V~ILSON TACKNEY AND ASSOC., INC. · . COASTAL ENGINEERING MILLER. COLUER ~/E~R.. 1997 4.5.2.(d) O. T. TACF, N~'Y 20 ~ 38 n.A. REG. 20_~t_3 1 199602789(lP-CC) APR 6. 1998 I~% INNER 0 PASS UPPER STORAGE AREA LOWER STORAG~ AREA PASS R-2.01f~ MODEL-1 (UPPER CREEKS & BAYS) PROJECT: CL~M gA Y N, tODEL-2 (STORAGE AREAS) Figure APPUCANT: PELICAN BAY SERVICES D/V/S/ON WILSON O TACKNEY AND ASSOC., INC. " COASTAL ENGINEERING MILLER COLLIER 495 4.5.2.(e) 4.5.2.(f) D. T. TAO~L'Y ~ R~:C. 20~..~ 199602789(IP-CC) APR 6.1998 16B18 SHEET 4 CLAM SHEET 3 ~0 SHEET 2 REFER TO FIGURES 4.5.2(9)(2) AND 4.5.2(g)(3) FOR BREAKOUT SHEETS ALIGNMENT OF SECTION 4A OF THE CHANNEL - ~J~POSE$ ONt. Y Figure .... APPLICANT: PELICAN 8AY SERVICES DIVISION 4.5.2,(g)(1) co.~n~. COLLIER At~R., WILSON TACKNEY AND ASSOC., INC. =,., --- '~ ,~,~. COASTAL ENGINEERING ~2~ ~r ,,.~"/'7 -- t./d.B./gI8 22o ~v ·' 199602789(IP.CC) APR 6, 1998 N~ 24, t~7 - 14.~4:24 O.~0w~--~0~03~,mKTT~22L4wl ~ r~ ~ 40-.~0~ ".'0.? // ' ~ Fiqure - 4.~.2:(g)(2) ~u~: PELICAN BAY SERVICES DIVISION "~[~O~'. ~ACEN~ AND ASSOC. NOIO2-~O-~I-ERPAP ~ER- 79 199602789(IP-CC) APR 6. 1998 24, 1~g? - ~0:.04,~8 D,~DWG~OIO3~l~OTg22C.4~/ .... Scoure~ . t Uonc~rove Heov~ly \ Sc°ure~ 60- Scoured On~rOv~ Heo~ty Scoure ~oJ~c~: C~M ~A Y ~Pu~: PELICAN BAY ~E~V/CE~ D/V/~/ON , TACKNEY AND ASSOC., INC. -=,,~ COASTAL ENGINEERING ~ ~ ,~ : ' 199602789(IP-CC) · :i' APR 6. 1998 10:.04-.21 8 UPPER AoDroximote £ncllng Point CHANNEL rt I.fJ~G~ ~¢~proxlmote Bcg;nning Point NORTH A~PROXIMATE LOC~TION OF SPOIL OlSPO~$d. AREAS FOR CUTS 1. 2 ~ 3 INNER CLAM )fOx;mole Enoin9 Point CUT t 2 20f! C~ANNEL -- ApprOximate Point GULF /DUNF ~ BEACH TYPICAL SPOIL SILl' FENCE/ S SECTION FOR DISPOSAL PROJECT: EXCAVATION/SPOIL CUTS 1 &: DISPOSAL PLAN 2 & 5 CLAM BAY FOR PERMITTING PURPOSES ONLY APPLICANT: '-WILSON MIL~LER PELICAN BAY SERVICES D/V/S/ON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 4.5.2.(h) 4.5.2.(k) r~. REC. 199602789(IP-CC) APR, SHEET 1 SHEET 2 ' .//./ :~....~ CUT !~ o , EXCAVATION PLAN FOR CUTS 3 & 4A THROUGH 4D PURPOSES ONLY ~PROJECT: C~M BAY · J ' Figure PPLI~NT: PELICAN BAY SERVICES D/V/S/ON J 4.5.2.(i) ~ : WILSON.. ~ co,~r~ ~.. ,~ T~CKNEY AND ASSOC. INC. ~,.* '. COASTAL ENGINEERING ~ ~. . ~o~o,-o~o-m~-r~ ~r~-~ ~ MILLER ~,,-~ L.~.B./918 24 ~J8 , r~ 199602789(1P-CC) L~w~on Ch;les Governor Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 16B18 V,rgm~a R, '~'etherell Secretary CONSOLIDATEI) .JOINT COASTA, L I'I'~I,L~IIT ANI) S(')VEI,[EI(;N SUB~IERGEI) LANDS AUTIIORIZATION PER.\IITTEI.YA I./Ti I()RIZED ENTITY: Collier County- Pelican Bay Services Dis'. c/t~ Ted Brown. Esquire Akerman. 5;entcrfilt. & Edison. P.A. 255 S~)uth Oran:.:'e Avenue Orlandt). Florida '" ' Pcrmit/Authoriz;mon Nt).: Ill 2,~463-t }(11-I(' (Previously 1131149919) Date of Issue: July 06. 19{/8 Expiration Date: July {)6.2o(18 County: Collier Project: Clam Bay Restoration and LonL2-Tcrn~ Marlagcnmnt Thl, permit ~s ~ssued Luldcr Ille aulhorilv iff Chapter 161 and Part IV tJl' ('lmptcr 373. F.5.. ,md 'I'lllc 62. Fh~r~dd Administrat;vc ('ode IF.r{.('.). The aclivitv is not cxerllpl from the rcquiren~cnt t~ t~htain a Joint Coastal Permit. Pursuant [o Open/ting Agreements executed hctxvccn Iht Dcparm~ent and thc water management districts, as relercnced in Chal~lcr 62-t 13. F .S.C.. the Department is responsible lot rcviewin~ and takine J]llaJ a~cllcv aclion on this ~clivitv. This permit also constilutes a finding tff omsistcncv with Florida's Coa.stal Nlanagemcn{ Pn~gr;m~. as required hv Section 307 oI' the C~astal .M,UliI~e~IldIll .-SCI: ccrtil]cali~m compliance with water quality standards under Section .li)~ ~I' thc ('Jc;lll 33 U.S.C. 1344. ThJs dclivilv also requires a propriclary authorization, lis thc activltv is located tm s~,'.'¢r¢i.gn ',ubmcrged lands owned by the Board ~I' Truslecs of lhe Intcrnal'lmprm.'cmcnt Tru~,t [:ur~d. pursuant to ..\rlicl¢ X. Scclioli I I of thc Flurida Con.stitulion. and Sections 253.(1(}2 arid 253.77. F.S. Thc activity is not exempt lhm] the need lo obtain a pn>prictarv aulhorizalion. Thc Department has the responsibility lo review and 1;tko final action on this req[~est For proprietary ;iulht~rtzi:tum tn acc,~rtlance with Section 18-21.(}1}51. and the Operating Agreements exectttcc~ between thc Dcp,trtmcnt and lhe water management districts, as referenced in Chaplet 62-113. F.A.(j. [I1 i:dd~lmn to the abjure, this proprio~,try authorization has I~cn reviewed in accordancc w~d~ Chapter 253 and Chapter 25R. F.S.. Chapter 18-2~}. Chapter 18-21. and Scclhm 62-343.075. F.:X.C.. dnd dlc pt>l~c~os ~t' thc Board of 'Fru.qoc.~. A.', .',lei f to tile Board of Truslees. tile Departnl.,2tll has reviewed lhe aclivit;' described beJt)w. ;Hld ha.s dctem~ined that the activity requires a Consent of Use for lt1{2 use of tilt)Se Iai'ids. FI)E'P Permit No.: 0128463.001..JC tPreviously 113049919) Page 3 of 2J 16B 8 recommendatiuns based ,n the results of the studies: and. implement the Upland Water Discharge Reduction Plan in accordance with it.,,; terms. PROJECT LOCATION: The project i.,,, located in the Clan'~ Bay Natural Resource Protection ,-\re:l and .surroundinL: developments in C,Ilier County. Sect,ms 4.5. g. 9.32. ,.~: 33 of Township -1.9 S~t~th. Range 2.5 East. Cia.ss I1 waters, not approved for shellfish harvesting. GENERAL CONDITIONS: I. All act;vitics authorized by thi.s permit shall be implemented a.s .set forth in the plans. specifications, and attached drawings approved a.s a pa~ of this permit, and ail c()nditions and rcquircmencs of thi.~ permit. The permittee shah nolifv thc Department in writinu ~)I' any anticipated deviation from the permit prior to implementation so that the Department can determine whether a n:odil'icamm ~)I' the permit is required. 2. If. for any reason, the permittee docs not comply with any ctmtlition or ]im~lali~m specified in Ibis permit, the permittee shall immediately' provide the Bureau of Beaches and C~astal Systems/BureauJ and the appropriate District office of the Department with a wr,tcr~ report containing the following information: a description of anti cause t~l' n~mc~)mpliance: the period of noncompliance, including dates and times: or. if not corrected, the anticipated the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent reL'tlrrericc ~)1' tile nonc'on]pli;~nce. 3. This permit th~es not eliminate the necessity to obtain any ,ther applicable liccn.sc.s (,. pcrmils which may he r~quircd by I'~d0ral. Mate. h~cal or special di.qrict laws and regulations. This pem~it is m)[ ;l waiver or approval of any other Department permit or atllhorJ/.ali(}n that may be required for other a.specks i)l' the total project which are not addressed in this permit. 4. This pem~it conveys m) title to land or water, does not constitute State rec¢~gnition ,,- acknmvledgment ~)I' title, and does not constitute authority for the use t)f sovcreientv ]and o1' Fl,rida seaward ~t' the mean high-water line. or. if eslablfshed, the en)si~)n control line. un]e.s~ herein provided and the necessaD' title, lease, easement, or other form t)l' consent authorizink: thc proposed usc has t~een ~btained from the State. Th~ permittee is responsible for obtainin~ any nccessaD, authorizati~ms ]'r~)nl the Board of Trustees of the Internal Improvement Trust Fund prior ~o commencing activity on sovereign lands or other state-owned lands. 5. Any deJinealion of the extent (ifa wetland or other surface water submitted ;is part t)f thc pcrnlit application, including plans or other supportine documentation, shall imt he c(msidcrcd specifically approved unless a specific condition of th'~s pern~it or a l'orn'lal determination umlcr section 373.421 (2 ~. F.S.. provides otherv.'ise. 16g18 FDEP Permit No.: 0128463-flgI-.IC (Previously 113¢`}49919) Page 4 of 2 i 6. This permit does not con`.'ey to the pcrmittee or create in the. permittce any property right. or any interest in real property, nor does it authorize an.,,' entrance upon or activities on pr{ipcrty which is nt)t owned ()r controlled by the permittee. The issuance of this permit does not c{mvev any `.'ested rights tlr an.,,, exclusive privileges. 7. This permit or a ct>py thereof, complete with all conditions, attachment.,,;, pl~ms and specifications, modifications, and time extensions shall be kept at the work site of Ifc permitted activity. The permittee shall require the contractor to review the complete permit pri{~r to commencement ~ll' the activity authorized by this permit. 8. The permittee, by accepting this permit, specifically agrees to allmv authorized Department pers~mnel with proper identification and at reasonable times, access to the premises ,,','here the permitted activity is located tlr conducted for the purpose of ascertaining compli~mce with the terms of the permit and with the rules of the Department and to have access to ired ct~py an.,,' records that must be kept under conditions of the permit: to inspect the facility, equipment. practices, or t~peratitms regulated tlr required under this permit: and to sample t)r nmnimr any substances or parameters at any l{Ication reasonably necessary to assure compli~mce with this permit ~r Department rules. Reasonable time may'depend on the nature of tile cmlcern invest/gated. 9. At least fi~rty-eight (48) hours pr/or ltl commencement ~ll' activity autht~rizcd by this permit, the permittee shall submit to the Bureau and the appropriate District ol'l'icc oI' thc Department a written mltice of ctmlmencement of crmstruction indicating tile acttml start date and the expected c~mlpleti~m date. l t.}. Il' historical ~lr archaeological artifacts are discovered itt an,,, time tin tile pm. iect site. thc permittee shall immediately notify the State Historic Preservatitm ~D/'ficer and the Bure;m. I I. Within 3() days after completitm of construction tlr ct~mplctitm of a subsc¢ltmnt maintenance event authtlrized by this permit, the pernlittee shall submit to thc Bureau of Bc;tchcs and Ct~astal Systems and the appropriate District office of the Department a written statement c(mlpletion :md certil'icatit~n by a licensed profcssi~mal engineer registered in the state {it' Flt~rida. This certil'ic;~ti~m stroll state th~at: all l{)caticms and elevatitms specified by the permit have vcrilied: the acti~'ities auttmrized by, the permit have been performed in compliance with tile plans and specil'icatitms approved as a part of the permit, and all c~mditions of the permit: tlr .shall describe any deviations from the plans and specificatitms. :md all ctlnditions et' the pernlit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies of as-built drawings submitted ltl the Department. FDEP Perm//No.: I}128463.001-.IC (Previously 113049919) Page 5 of 2 i SPECIFIC CONDITIONS: I. Prior to commenc'ement of the activities authorized by this permit, the permittec .,;hall ensure the following activities are conducted and information provided: a) b) At least 3¢) days prior to each construction event, the pcrmittce shall identify a qualilicd biologist/v,'¢tland scientist{s) familiar with ecosvstems of Florida and submit their qualifications to the Department for approval. "{his individual v, ill serve as the supervising scientist that oversees the biological componcnb; of this restoration proicct and ',,.'ill halt construction il' he/she suspects that violations of the permit ha'cc occurred. At least 30 days pr/or to commencement of construction, the "Proposed Scope of Work" described in the Biological Xlonit{~rint, .~ction of this permit shall be submiued [o the Department for approval. ' c) Prior to omlmencement ol'constructmn, the construction plans and bid documents showing the work area contemplated to be constructed shall be submitted to the Department t() he verified/approved by Department staff. Excavation work aulh(~ri/cd hv this permit shall he administered in accordance with Specific Condition I.(g) hch}w. the fullest extent possible, the smallest, lightest mechanized equipment and smallest work are~ adequate to conduct the activities authorized by Ihis permit shall be used minimize adver.~ impacts m natural resources and the suhstrate where mangrove rcgeneratmn is encouraged. Prh)r t~) omm'~cnccment of each dredszint~ event authorized by this permit, a pre- construction conference shall be held allltlnt, the contractor, the owner or authorized agent, thc wetland scientisttsL the marine turtle permit holder, the USFWS. and a Stal'l representative oI' the Department to establish an understanding among thc parties as the items specified in the General and Specific conditions ~I' the permit and the ~lonitoring requirements. At least 1(1 days advance notice shall he provided prior to conducting this meeting. The Pcrmittee shall submit the project specifications as required under Specific Condii,,n I.(g) below to BPSM for review and approval relative to the project specilications' probable mlpacB on marine turtles. If the type el'dredge proposed hms the potential adversely impact marine turtles its determined by BPSM staff, additional conditions protect marine turtles may be required by the Department az pan of this permit. Il' blasting is proposed, a blasting plan shall be submitted lo the Bureau of Beaches and Coastal Systems and the Bureau of Protected Species ,Management in Tallahassee for approval w. least 30 days before the proposed blasting event. Additional conditions rela~ine to the proposed bla.stin,2 activities mav be needed and added to this permit hv the Department. - . FI)EP Permit No.' 0128463.0t}1-jC IPreviouslv 113049919) Page 6 of 2 i I6B1 8 At lea~st l'{~rtv-l'ive. 145~ days. prior t~ Ihe initial dredging event and anv.~,uh maintenance dredging event authorized by. this permit, the pcrmittce shall submit to Lhc Department's Bureau of Beaches and Coastal Systems in Tallahasscc detailed project specificatmns, including but not limited to plan view and cross section drawings, which detail the dredge and fill limits at thc dredging and disposal sites, the mcth~d construction and construction schedule, and a processing tko as specified by Rule F.A.C. Additionally. thc work area of thc authorized excavation shall be c[earlv marked in thc licld by the wetland scientistlsl to allow the Department staff lo verify, and appr()ve Ibc locat,m of the excavation. ~e Department may request addilional informalion necessary ~n order to review each proposed dredging event. Written approval from thc Burmm of Beaches and Coastal Systems in Tallahassee shall be ~hlaincd proceeding with each dredging evenl. Department approval for individual clrecl~in~ events may be contingent upon the pcrnlitlcc's acceptance of addimmal c~mdilions, such as Imbiditv and/or water quality monitoring, which may. bc determined h} hc approl~r~atc based ~m data submitted to the Deparllncnl in support of :t dredging rcqucsl ,}r ttp~m thc resuhq iq' previous dredging. 2. The folh)v.'ing clmditit)ns are required to mmmll/e impact,; to mannc turtles: a) N't) constrl, lCti()n, operation. Irans, pt)rtati()n ~r storage of eqtllpnlent t)r miitct~,d~ ,ftc authorized scawigd ()1' the dune crest during the marine Italic nesting semisim INlay 1" through (kto~r 31" ). ~is includes dredging of the main pass and disposal ~1 dredged material seaward of the dune crest, including the intertidal z~me. 'H~e other activities landward of the dune crest may be conducted during the marine turtle nesting season provided Ibc neccssa~' nle~sures are taken to protect marine turtles, n~ Fill material placed on the beach shall be sand that is sinlilar to that ahcadv cx~.qm,.:' beach site in bt)Ih c~dorafion and grain size. All such till material shall be ]roe ~l' construction dcbrl3, rocks. {~ther Ibreig~ matter a~d shall not contain, on average. than I(1 percent fines {i.e. silt and clay} passing a No. 21111 sieve amt shall lltq c{~lllain gravel t)r cohhle.s fexclusive ~I' .shell malcriall retained by a Ni). 4 sidvo. c) Fill material shall not exceed a I0:1 h{~rizontal to vertical slope and shall be placed bch,:v .MIg, V. Il' fill disposal result.,.; in a barrier tlr depression in the beach profile that interferes with marine turtle nesting, the permitte¢ shall be required to rem{we that l'c',~ture upm~ request tw thc · · Department. d) Reports on all nesting activity is currently provided to the Department by Collier Ctmntv Deparm~ent ~)t' Natural Resource Protection. Thc Pem'fittee shall ensure that the prepared by tile Collier Cuuntv Department of Natural Restmrce Protection shall ira.'lt~tk, thc collection of data specific ti) the project area for the initial nesting season f~dlowing thc FI)EP l'ermit No.: 0128463-001-.IC (Previoush,' 113049919) Page 7 of 2 i el g~ completion ~t' construction, and fi)r a minimum t)l' two additional nesting selksons, unlc~s waived as herein provided. Monitoring during the additional seasons may ~ waived if the permittec can demonstrate that the fill material is no hmger present in the'project area. t,t' that tunic nesling the first seasoi1 p~)st-construction w~s not adversely affected compared It~ an appropriate control area. Monitoring shall include daily surveys and any addili{mal measures for turtle protection authorized hv the Dep~tment. Reports shall'be submilted Io thc Deparlment in accordance with current prott~ols with the C{)llier (;ountv Department <~1' Natural Res~mrce Prt)tecti()n. but im soon ~$ practicable after the completi(m'{ff all monitoring activities, and shall include daily report sheeu noting all activity, nestin~ success rates, hatching success of all relocated and in situ nests, and names'rff all pc~{mncl involved in IIOM surveys and relocation activities. All nesting surveys and nest rclocali~ms shall he c{mducted ~mly by wrsons with prior experience an~ training in these activities and duly auth~rized to conduct such activities through a valid pcm~it issued by tt~e Department. Division of Nlarine Resources. pursuant to Florida Administrative Code Rule 62R- I. Il' heavy equipment is required to transporl equipment or materials on the tlr,,' beach (aN)ye .x. il tW). the path of the equipment ',,.'iii be tilled to 36" to avoid cl)nl[')acliotl impacb; prior to thc following nesting seiL,;on. Visual surveys for escarpments or barriers alone the pro. jeer area shall he made immediately after completion of the project an~ prior to May I in any year beach quality material is placed on the beaches adjacent to (Ylam ['as~s [mless inspcctitm the disposal area indicales that the dredged material has been removed hy natural pr{~ccsscs. in which case this permit condition shall not apply. Results ~)1' the surveys shall be faxed to lhe Bureau of Protected Species Nlanaucmcnt. ~85{1) 921-4369. pm)r to any action being taken. Escacments d~at intcrl~rc ,,,hh sca turtle nesting or thai exceed 18 inches in height lbr a distance <~I' I(x) l~ct sh;tll be leveled to the natural beach contour by Nlav I". ~]le Dcparlnlcnt ~hall be contacted immediately ~f subsequen~ reformalion of escarpments ~at can inlerl~re with sea turtJe nesling exceed I g inches in height lbr a distance of I1~0 l~et ~'curs durin< the nesting ~nd hatching season ~o delermine d~e appropriate action Io be taken. ~ each yea~wherc escarpment su~'ev is conducted, a Mllllnlalw of tho survov and ilcli~ns taken shah bc submitted ~o the Departmenl. During thc marine tunic nesting and hatching sea.,;on, all lighting ikssociated with pro. jeer activities landward of the dune crest and visible from the beach shall be limited tt, thc immediate area of active construction only. Stlch lighting shall ~ shielded low prcssure sodium vapor lights lo minimize illuminatitm of the nesting beach anti nearshore waters. Ill tile ev0n[ ;ltl unmarked nlarinc turtle nest {}r a dead. in. jured, or sick marine turtle ~s discovered during collslrtlclion activities, the marine turtle permit holder and thc Burcat~ ~1' Protected .Species Xlanagcment shall be notilied immediately such that apprt~priatc FI)EP Permit No.: 0128463.1101..1C (Pr:.viouslv 1131149919) Page :.t of 2 i conscrvati~)n rr~ea.sures Call be taken. 3. The folh)v.'ing conditi(>ns are required t{) mirfimize impacts t() manatees: a) The permittee shall instruct all personnel associated with the project el thc potential pre.~nce of manatees and the need to avoid collisions with manatees. ,.\ll c()nslructio~l personnel arc responsible for observing water-related activities for thc presence (~l' manatccls~. b) The permittee shall advise all construction personnel that there are civil and criminal penalties l'(~r harn]in~z, harassint:, or kJilin~2 manatees which are protected under the Marine ~lammal Protection Act of I97' The Endangered Species Act (~fl)/~. and the Fh)rida .~lanatee Sanctuar,,, Act. c) Siltati{m harriers, ii' used. shall he made of material in v,'hich manatees c;mm)t hcc()me entangled, are properly secured, and arc regularly monitored t() av()id manatee entrapment. Barriers must not block manatee entry to or exit l'rl)n) essential habitat. d) All vcs.;els associated with the construction project shall c)perate at "m) wake/idle" ,,,1 cods at all times while in thc construction area and while in water where thc draft of Ibc vessel provides less than a four-foot clearance From the bottom. All vessels will l'olh)w ri)utes of deep water v.'henever possible. c) Il' manatee(.,,/arc seen within 10() yards ()f thc active daily constructiort/dred~in,., operati(m (~r vessel m()vement, all appropriate precaution's shall be irnplcmc[;tc~ t() ensure protection ()f Ibc manatee. These precautions shall include thc operation ()l' all m()vin,.2 equipment no ch)set than 50 feet (ifa manatee. Operation ()f an,,, equipment closer th:m 50 feet ti)it manatee shall necessitate immediate shutdown t)l' that equipment. Activities will not resume until the manatee(s) has departed the project area ()l' its own vo]ititm. 11 An,,' collisi~m with and/or injury to a m:matee shall he rep()rtcd immcdi:lielv lo thc Florida Nlarine Patrol at I-8[IO-DIAI. FMP (1-80{1-342-5367). Collision ;.tnd/t)r initlrv sh()uld also he reported to the U.S. Fish and WildJife Service in Jacks(mviile (1 258¢D l'()r north Fh.)rida or Vero Beach (I-4(17-562-39(191 in s(m[h Florida. g) Tempurary signs concerning manatees shall be posted prior t() and durin,.., all constructi(m/dredging activities. All signs are to be renmved by the pcrmittee upon completitm {~l'the project. ,.\ sign measuring at least 3 ft. hv 4 l"t. which r¢:tds Caufir,n: ,t[amm'c ,4rca will be p{)sted in a location prominently visilqe to v.'ater related construction crews. A second si~n should be posted il' vessels are associalcd with thc construction, and shtmld be placed visible to the vessel operator. The sec(md Fl)El' Permit No.: 0128463-00 I-JC {Previously 113049919) Page 9 of 2 i sign .,,t,)uld be at least ,',; I/2" by I I" which reads ('atttion: .[fanatcu//(thitat. spcvd i.s rcquircd if operating a ve.s.s'el in the cnn.~'trttction area. All cq/t/))nwnl mtt.~t l)u .dltlltb)Jvn ifa tnanalcc conte.s within 5Of cci nf tq)eratitm. ,4nv colli.~ion and/t,r Jl~jiu)' Io il I111111[1I~'~' shall bc reporl~d imlnedJalelv In lhe ~"JoritJa ,il[IrJlw J'air(~l al J-,W)(~-OZ4L J'~UP [ 1-800-342-5J~7). The U.S. FJ.¥h and WildliJ? .dmuhl It/so l)e contactt, tl in Jack.~'mn'ille (!-904. 232-25,W)) jbr n~)rth tVorida ~,r l ~u', Bcach tl-407-562.3909)fi)r .~outh Florida. h; Permanent manatee informatmnal signs, such a.s those shown m the enthused exampk, sheeL,;, sllall be installed and maintained at the canoe bout ramp at the southern end el Outer Clam J]av following completion of Ihe initial dredging event. 4. Pursuant lo the Florida Deparlnlent of Slate. Division of Historical Resources tI)OS-DHR~ regulations, no heav.v equipment, land clearing, or ground disturbing activities shall be ~tl~,.,,'ed sites gCR476, gCR547, and 8CR576. unless ,';ubjected to prior les,me by ii qualified archaeoh),..4ist and approved by the DOS-Df IR. See the atlached permit drawin,.:s lot tile locations of these historically significant areas to he avnided. 5. Tile C/am Bay ecosystem c~mtains waterways that are difficult to navim~te due to shalh)w water depths and meandering channels lined with protruding mangrove branches alld rt),)t.s. prelect the significant natural resources and water quality of the C'lam Bay ec,,,vslem, and It, provide prolection to the public safety (boaters u,lizing these watersl. IhtJre shaSl be an idle speed/no wake restriction ~n motorized vessels used in the system {as stJpuhited Jn (.'utmty Ordinance No. 96.16). The existing reslricfions placed upon boating activities within the ('lam Bay system by Cotmty Ordinance No. 96-16 shall remain active and enforceable Ior the life of this pcrmi, Additionally. two Florida ,Marine Patrol approved signs that state. "Idle Speed- Wake" and "Caution- Shallow Water and Natural Resources Present- Tilt Mott~r Up To Prevent Prop Dredge- Damage to ~';alural Resources Sub. leer lo Fines. Pursuant to Ch. 370. F.S." shall placed at the following locations following completion of the initial dredging event: 1) One within the entrance of Clanl Pass l'acint~ boaters enlerin,.], the 2) One at the entrance 1o Outer Clam Bay/'acing north and easily legible Io boater~. entering Outer Clam Bay: 3) One at the entrance to Inner Clam Bay facirlg south and easijv leeible [(~ entering Inner Clam B,y: 4) One at lhe enmmce to Upper Clam Bay facine south and easily legible m entering Upper Clam Bay: and. ' 5) One within the upper reaches o~' Outer Clam Bay t'acin~ .southeast .nd ca.~ilv boaters leaving Seagate. ' 6. %} protect tile suhnlcrged nattH"al resources (soagrasses and ~L','stcr hods) adj,ccnt to thc channels [o he dredged, wei,.:'hted turMdity screens that extend (o Ihe holloa1 o1: tile waterbodv 16g18 ', FDEP Permit No.: I}128463.1}01-.IC (Previously 1131}49919) Page I 0 of ,~ 1 shall be installed between the natural resource and the dredge to effectively isolate the natural resource from the active dredge and prevent adverse impacts to the natural resource via suspended particle settlement. The turbidity screens ,,viii onh,, need to be placed ~m the dmvn current side between the natural resource and the dredge to assist the contractor in ir2entifyin,d tile significant natural resource areas anti to protect the natural resources from Ire dredge and temporarily elevated turbidity levels. 7. A minimal an'taunt of trimming and removal of mangroves v.'i]l be needed to conduct authorized activities in thc smaller interior channels. These activities arc to he supervised by the Department approved wetlands scientist described in Specific Conditi{m I abm.'e. 'Fc~ ensure that the hJcfiogJcal health and productivity of the mangroves are not adversely impitctcd m a significant extent. Ire f~llo,,vine m:mt~ro,.'e trimming pr{)cedures must be ft)llowed, pursuant Sections 4()3 93' 1-4()3 9'13-'t ~,,,-;,~ ,'c ........ ......... r ...... a o~amtcs, ertl one ..... · ' , · needed Itl ccmduc e ;i,.lit. i~;,,c ..... ,-..-- ..... Y g per .,,car trimming ul thc mangroves t th ............. aUtllU[IZe(.l ny th~S permit, and t,> maintain the camm Irails is allowed: no trimming of mangroves to create tlr enhance views within this ecosystem is alh,,vcd. Prior to trimming, or rcmovine any mangroves, the species of the tr'c.' must ' ta,..'~cd bv a qualified biolo~2i~, wetland scientist(s), or botanist andCv~ be identified and rifled by staff frm'n thc Department's South District Office in Ft. Myers, or the Bureau ~1' Beaches and Cuastal Systems in Tallahassee. All trimmed mangrove part.,~ greater than one inch in diameter shall he rcm~vcd and cc)mposted on thc uplands Icl prevent further restriction of tidal l]ov., within the intcrit~r channels: L i ye .X ! a n rzro ye Trim mi n ~ P roced u re.g a. ~X, laximum Diameter. No white mangrove tree with a si~:gle trunk diameter greater th;m twelve inches dhh (diameter at breast hcieht= thc diameter {~I' the lrcc at 4.5 l'ect above the substratc) may be top trimmed. No'lack mangrove tree with a single Irunk diameler greater than eieht inches dbh may he lop trimmed. No red man,.z'rove lr,:e with a single trunk diameler ~2reatcr than one inch may he top trimmed. b. Top Trimming- White and ~lack mangrove trees v,'itifin the specified trunk diameters may be trimmed Icl a height of four feet aba)ye substrate. The limit c)f top trimming for red n~angroves within thc specified trunk diameters is 6 linear feet above thc suhstrale. Top trimming shall not occur from May I through September 30. Nc) m~re than hall' of the canupy of the tree shall be trimmed. No white and black man~2rc~vc trees less than 4 linear feet in height shall be trimmed. No red mangrm'es less lh;.ti'l 6 linear feet in height shall he trimmed. c. Removal o£Laterai Branches. For white and black mangrove trees, h~teral bram.'hcs c~riginatinL.., between four and fifteen feel above the substrate may be remcwed frmn a trunk of any dbh. Fur red mangroves, up to fifty percent of the lateral branches originating between .six and lit'teen feet above the substrate may be removed. In multiple trunk trees, the trunk havin,2 the greatest dbh is designated as the primary trunk: others are designated as latcra~ branches. 16B18 ' FDEP Permit No.: 0128463-11111-.! C (Previously 1131149919) Page 11 of .41 General Prohibitions- 11 N~ herbicides tlr chemicals may be used to alter mangroves. 2) No burning may be used to alter mangroves. 3} N~ deliberate damage to prop roots, pneumatophorcs, and regular mob;. 4} N,~ cutting ~l' any mangrove that serves as breeding, nesting, or roosting area for colonial water birds: or is used by endangered species, threatened species. and species of special concern for breeding, or which is routinely used. bv endangered species, threatened species, or species ~I' special c<mcern, a.s listed in Rule 19-27. F.A.C.. and 511 CFR IT11-12: or contains a nest or nests protected solitary nesting birds ms defined in Rule 39-12.t~02 or 39-27.(XI2. F.A.C.. except where a permit hms been issued by the Fh~rida Game :md Fresh Water Fish Commission. tlr, where appropriate, thc U.S. Fish and Wildlit'e Service. lo renl{)ve the nest tlr nests. Dead 3langro,,e Trimming tlr Removal Procedures a. Due to tile large numbers of dead mangroves within certain areas ~I' this ec{)svslem. up [{) 5IF:; t,l' the dead trees may he remt~ved within the areas m' massive dic-[ffl'.s tt~ facilitate rccol{mization by mangroves. b. Ft~r public safety, all dead mangroves within 2() Iket ~}t'thc existing paved roads may c. Pnt~r tt~ return'lng any dead mangroves, the ~ecs shall he inspected and tagged for rcmt>val by the approved wetland scientist(s). Prior to their removal, these taeecd trees sh;dl be approved for removal by staff from the Department's South Dish'ct Office in Ft. Myers. or from the Bureau of Beaches and Comstal Systems in Tallahassce. Thc larger, sturdier dead trees suitable I't~r rm~sting and nesting shall remain. d. Dead mangroves approved l'~r removal shall be removed at the substratc level with care nt~t to damage or disturb surrounding, living vegetation. c. Thc removed dead trees shall be compt~slcd t~r disposed on thc uplands to prevent further restrictions of tidal flow within the interior channels. 8. As part of the restt}ratit)n and long-term management uf this ecosystem, activities shall be o ctmducled to remove the nuisance exotic vegetation (including Australian pine and Brazilian pepper) within tile Clam Bay Natural Resource Protection Area. These activities shall be conducted with the ?al in mind to renm,.'e all nuisance cxolic '.'e~etatitm from thc area wid~ actual percentage t~l' nuisance exotic ,.'egetati~m not exceedine I G~t~l' thc total vc,.2etated area. \\'hen rem{wing the nuisance exotic vegetation, care shall be taken to not harm tile surr{mnttin,_' native vegetati{m..Mechanical removal shm~ld remove as much of the r{mL~, of thc exmic :ts - possible fcfllowcd by hand removal, or chemical treatment of ;in,,' suckers. If chemical treatment is used. ~mlv envirtmmentally safe chemicals, such as~~2arlon an~ roundup, shall be used with special care taken to not spill/spray ;in), in tlr on the water or native vegetation. 16gl FI)EP l'ermit No.: 1~128463-11111.JC (Previously 1131}49919) Page 12of21 9. Within seven days of completion of the authorized activities (including the man?we alterations, interior channel excavations, and removal of nuisance exotic vegetationl thrtmght)ut the Clam Bay ecosystem, the contracted cre`.vs shall return to each work area .'~nd remove the trimmed hr:roches and trees (dead trees approved for removal) greater than I inch in diameter appropriate upland h~cations. The crews shall also regrade any splfil pile or berm that may have been created as part ~I' the excavation work. such that there is nil impediment Itl sheet flow :md no created uplands as a result {it' the project. IlL Small charge cxph)sivcs may be used to restore tidal l]ow in thc interior channels where thc use ~l' mechan~/cd and hand-held equipment is m~t feasible. The areas designated for the usc ~t' explosives shall be marked by the v,'etland scientist(s) and these marked areas shall he appm,.'ed by Department staff pri~r to the use of the explosives. The explosives shall be carefully placed and detonated only in areas where their use ,.,,'ill have minimal adverse impacts m si~nil'icant natural resin]roes...\ Florida licensed cxph~sives expert shall install and detonate all explosives asst~ciatcd with the project. I 1. T~) devch)p a data set to understand the impact of freshwater discharge into thc Clam Bay ec~}.~ystem mm'~ the developed uplands, the perm(tree shall submit detailed plans for the following primal' studies v.'ithin i 21) days following permit issuance to the Department for approval. These studies are designed to identify existing water sources and water needs, and pmp~se feasible methods to meet these water needs while concurrently reducing water discharges into thc Clam Bav ecosystem (see the Clam Bay Restoratmn and Management Plan for tile details and specifics {il'each study): S~udv I- Ve'.2etati{m Analvsifl lrri,_,ati{m Requirements: Study 2- Retarding2 Upland Waler Fh~ws into Chm'l Bay: Study 3- Reducin,.2 FJmv l'mm Perimeter Berm Area to Clam Bav: Study 4- Groundwater Flows: Study 5- Utilization of St<~rmwater Manaeement Lakes its Sm~rcc l'{~r [rri,..'ati{m: and. anv additional studies that may be needed to generate the information required to l'ullv understand the impact Ill' fresh,.vater discharge into the Clam Bav ecosystem from tile developed uplands. The study plans shall include detailed descriptions and maps. activities to he c~mducted. moth,Ids, and qualified personnel involved for each study. The perm(tree shall begin implcn'~cntatitm l)1' the Department approved studies within 18(I days l'ollt~wing permit issuance. 12. The perm(tree shall ctmduct the studies required by Specific Ctmdition No. 11 for tip tt~ three .,,'ears following permit issuance. However. il' the data generated from the studies suggest that additional data gathering will not materially aid the perm(tree and the Department in understanding the impact of freshwater discharge into the Clam Bay ecosystem, thc perm(tree may request the Department for authorization to terminate one ~r mare of the studies and proceed tt'~ thc analysis and recommendatitm phase as described in the CBRMP and this c{mdition. 16B181 FI)Et' l'ermit No.: 0128463-00 I-JC (Previously 113049919) Pagel3of~l Following this stud.',' period, the permittee shall analyze the data gathered, l'on'nulate recommendations based on the data. and to the extent suggested by the data: design a plan to reduce v.'ater discharges into the Clam Bay ecosystem from the developed uplands l"Upland Vv'ater Discharge Reduction Plan" or UWDRP). Ifa UWDRP is required ms a result oF an analysis of the data by the permittee and the Department. then the pcrn',ttee ,.,.'ill submit to the Department's Bureau of Beaches and Coastal S','stems in Tallaha_,~see and the Department's South District Oflice in Ft. Nix'ers the UWDRP for approval. Once thc U',.VDRP ,s approved by the Department. the permittee shall implement the UWDRP as provided for therein, but in rlt~ event later than five years f. lh)wing permit issuance unless a modification or waiver of that time frame is agreed to bv thc permittee and the Department. The implen'~ented activities to, reduce upland discharge el water shall be monitored in accordance with tile terms of the UWDR[:' following completltm of their implementation. It is anticipated that all activities described here and in Section a.5.4 of the CBRMP ,..,'ill be compleled within the ten (IO) year permit term. but ri.thing ,.,.'ill preclude the Department v,'ith the consent of the permittee, from extending the time for implementation of an.,.' portion of the UWDRP it' the interest of the ccolot, v ,f thc system would be improved bv doin,.z' .so. The pem'uttce ,.,.'ill. as suggested in the CBR.',.IP. ~mplcmcnt ~n ctmnccti.n with till.,; pcmlit a program of community involvement to help ensure the maximum am,,unt of community paHicipati.n possible Stlould the studies de.,,cr~bed in the CB RMF'. and required here..',uggest the need for one or more UWDRF's. In this contexL the Department recognizes that thc decision to require one or more U\VDRPs will be dependent .n the ~mtcon~c of the studies described in the CBRMP and required here. The following time-table summari/e.,; the anticipated schedule for the activities associated the .studies required above: ACTIVITY SCI IEI) UI.E Submit detailed plans of each primary study t,~ the Department I',r approval. Begin implementation tit' the approved primary studie:,;. Conduct thc primary studios and gather data. Develop as required bv lbo data one or more "Upland \Vater Discharge Reduction Plan" based upon results/ recommendations ,t' primary studies and submit to Department for approval. Within 1211 days from permit issuance (anticipated to be Oct~ber 22. 19981. \Vithin 18{I da,cs from pem'~it issuance (anticipated to be December 22. 199Sl. [:~r tip to 3 years; following permit issuance {anticipated to be July 22.21}{}1 ~. UWDRPs .',hall be submitted by April 22. 21}113. to the [:DE[" and ,,,,'ill be implemc~tcd in accordance v.'ith their terms. 16B18 i FI)EI' Permit No.: 0128463.00 l-J C (Previously 113049919) Page 14 of 21 Implementation and monitoring of the "Upland Water Discharge Reduction Plan". Submission of monitoring report for the "Uphmd Water Discharge Reduction Plan" that includes an}' noted modifications tlr corrective actions needed. To be completed within thc permit tenn. To be submitted in accordance with thc term of the UWDRPs. 13. The permittee shall conduct the studies, gather the information, and submit thc reports stipulated in the "Monitoring Required" ~ction of this permit. If the monitoring reveals adverse impacts have occurred as a result of conducting the authorized activities, the permittee shall cooperate with thc Department to develop and implement such remediallcontigency plans as may be desirable to effectuate the purposes of this permit. The Permittee shall not be liable for damages or costs resulting from adverse impacts to the ecosystem unless those adverse impacts arc a direct and proximate result of the intentional or negligent act(si of the Permittee in thc implementation of the activities authorized by the permit. ,XlONITORIN(; REQUIREI): !. Water Quality Monitoring Turbidity monitoring during dredging and discharge, and ;ts neccssau' prior to Ibc rcmox'al t~l~ turbidity control devices. A. Dredge Site Frequency: Twice daily, at least four hours apart, beginning at least two hours after drcd,.e'ing begins and continuing during thc dredging activities. Location: Backt~round: At least 200 meters upstream of the project site outside of any visible turbidity plume, at mid-depth. .Compliance: Dmvnstream of the turbidity curtains which separate the dredge from the natural resources on the resource side of the curtains. When the natural re:;aurces are more than 15¢1 meters downcurrent of the dredge, the compliance zone shall be no more than 151} meters downcurrent of the dredge v:ithin thc densest port/on of any visible turbidity plume, at mid-depth. 16B181 FI)El' l'ermit No.: 11I28463.0t}I-.JC (Previously 113049919) Page 15 of 21 B. Disposal Sites Frequency: Twice daily. ;it least Ikmr hours a[);Irl, begirming at lc;sst two II(ml's al')er dredg~nc begins and continuing during the dredging activities. L{x;ation: Back,'round: At least 21)~) meters upstream of the project site (in the nearsh~re zone of the Gulf of Mexico) our',tide of uny visible turbidity plume, at mid-depth. Compliance: ,,\t no more than l.l,'{ff) meters downstream of the discharge p~int in the intertidal zone (between lhe mean high and mean l,w water lines) and 61 meters 1201) l~et) offshore (from the mean low water line), within the densest p{wtion {)f any visible turbidity plume, at mid-depth. All monitoring data shall be submitted within one week of analysis v.'ith documents containin,z the following info, rrna)ion: (I) permit number: {2) dates of sara'piing and analysis: (3)a .',taten~cnt describing the methods used in collection, handling, storage and am, lvsis of the samples: 14},~ map indicating the sampling locations: and (5) a statement bv the individual responsible For implementation of the sampling program concerning the autl~enticity, precision, limits detection and ;sccuracv of thc data. Nhmitoring reports shall also include the following irH0rmation for each sample that is l;.tkcn: (h~ (d~ time of day samples taken: tidal stage and direction of depth of water body: depth iff .sample: antecedent weather conditions. The compliance locations given above shall he considered the limits of the temporag' mixm,..: zrme for turbidity allowed during construction. If monitoring reveals turbidity levels :st compliance sites greater than 29 NTUs above background turbidity levels ~t the corresponding background sites, construction activities shall cerise'immediately and not resume until corrective measures have been taken and turbidity has returned io acceptable levels. An',' such occurrence shall also be immediately reported to ~he Department's office in Ft. .Nib'ers. ,Monitoring reports shall be submitted It) the Department's office in Tallahassee and to Ibc S~>tllh District Office in Ft..Myers. Failure to submit reports in ii timely manner constitutes ,.zround.,, for revocation of the permit. \Vhen submitting this information to )De Department~ pleas~ clearly include, at the top {bt' each page tlr as a cover page to the submittal: "This informntion beth.,.1, 16 1 8 FDEP Permit No.: II 128463.00 l-J C (Previously 113049919) Page 16 of provided in partial fultiilment of tile monitoring requirements in Permit No. 11128463-111}1- JC (Previously 113049919)." 2. ttydrographic,lonitoring To generate the data needed to adequately assess the potential impacts of opening up thc restricted channels of the interconnected waterways as authorized by this permit, the hydrographic monitoring program shall include the following: Topographic survevs of Clam Pass and surrounding 5(Xl Iket zone. The surveys shall hc conducted immediately prior m and following completion of the authorized excavation. Additional surveys of Clam Pass shall be required as often as the perm;tree seeks to conduct maintenance exca,,'atmn within Clam Pass tlr the main channel excavated pursuant to this permit and identified in the CBRMP as Cuts 4A. 4B. 4C. and 4D. In such circumstances, thc survey produced shall meet the standards sci forth in paragraph "B" below. Within seven i7,} days of cmnpletion of the authorized excavati{m of the interior channels. and thereafter as frequently as may be required for the duratiun of the permit, the chh:meed interior channels shall be surveyed at a minimum of I(XI feet cross-sections to ensure that the desired elevations have been attained. It is anticipated that these surveys ,,,.'ill he initiated as and when it appears to tile Perm;tree and its wetland sc;ant;sirs/that maintenance excavation of these channels may he required to maintain the integrity of thc system. A copy of the survey, certilied by it registered land surveyor, shall bc submitted to the Department as a part of a request for authority to conduct maintenance excavation pursuant to Specific Condition l.(g) above, or if the survey reveals no present need for additional excavation, it ,,,,'ill nonetheless be submitted to thc Department its additional data within thin)' (30) days (If completion ill' thc excavation. Any survey stihnlittcd pursu;mt to this section shall contain :i n()te, based upon the sup,'ey(Ir's examination hi' the excavated area which indicates whether the surveyed crnss-seclions reasonably rellcct the silo conditions for the entire area excavaled. The petal;tree shall submit an engineering report and survey maps summarizing thc monitoring data and project perfomlance to the Bureau within 9(} days ill' templet;un o1' each survey. The report shall include an analysis of the .,,cdiment characteristics of Clalll Pass and any changes observed in the pass. identify erosion and accretion patterns altmt, the pass and adjacent beaches, and identify any adverse impacts which wnuld be attributable to the activities authorized by this permit. If survey data of the pass is submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format and the data shall be arranged according to the FDEP/DBS specifications so zig to include all of the informatilm required by the FDEP/DBS specifications. FDEP Permit No.: 1}128463.111)1-.JC' (Previously 113049919) Page 17 of 'J 1 '6B1 do Nhmimring statmns shall be established ;it representative sites (as sh{)wn m~ the permit drawings as reflected in the CBRMP) through{~ut Upper. Inner. and Outer Clam Bay m record the folhm.'ing hydrological parameters: !) time i~l' day samples taken: 2) water temperature i°C and 'F): 3) depth ~l'water body: 4) depth et'sample: 5) antecedent weather conditions: 6) water quality, including salinity, silicates, nitrites, tmal or~2anic carb{m, chhm~phyll. phaeophytin, pi-t, crmductivity, dissolved oxygen, total ph~}sphorus, nitrate, nitrale ammonia, total k.jeldahl nitrogen, and total dissolved s{flids: 7) scdimentati~m levels: 8) rainlhll: 9) tidal stage and direction ~I' llt~xv: 1()) t}thcr influential l]tm,'s, such as tmmndwater and stormwater fh~ws: I I) wind direction and veh~cilv: ant~. 12) identit'icali<)n t~f the sample location which c~}rrcspimds m thc number shi)wn t}n sampling location maps. These ;,nalyscs shall he made immediately prior t~) and follt~wing ctmstructi(m, and monthly thereafter, with tile exceptilm ~}t' the water quality analysis (number 6 above). which may be ctmducted on a quarterly basis. Stal'l'gages shall be installed at these stations in i~rder t{> measure the relative tide range at each station. In I}rdcr to measure eft'eot of the dredging on the tidal rant, e. {}ne station should be located adjacent to within the degraded mangrove area. :'Fhis station should be equipped with a tide capable ~)1' c~mtinmms readings iff tide stage. ]'he mtmitoring required by this set~tit'~n will provide valuable data crmcerning the effects the reslorali{m project is expected t~ have on the hydrology [>I' the Clan) Bay ¢c~)system. This infommti~m is crucial fl)r future management decisions for this important natural resource, therefore, this nmnimrint2 shall continue fi~r the life of the permit. The data collected from this mt)nitorin,.2, shall he'listed. analy×cd, and submitted to the Department in annual ltydrographic Moniti'~ring Rcp~}rts. 3. Biological 3, lonitoring As required in Specific C{mdititm l.b), at least 3¢1 days pril~r m c~m'lmencement iff constructitm. tile pem~ittee shall provide a "Proposed Sci}pc of Wt)rk (PSOW)" l'mm the Department approved wetland scientistts), or from ant}tiler qualified environmental organization with experience c~mducting research tm Florida's ecosystems. Tile PSO\V will include it list el' scientifically accepted methods that ,.','ill be clmducted, and when. and by whom. to adequately assess the Clam Bay cci)system I,.v~th a priman' l'l}cus i)n the maneri}ve and seagrass conlmunities) bet't/re and after the activities authorized I~v this pem'~it are c{mducted. The PSOW shall include the FDEP Permit No.: i'}128463-1}01..IC (Previously 1131149919) Page 18 of 21 1 6B1 following infi~rmation plus any additional inl'om'~ation or scientific methc}ds deemed appropriate by the contracted scientists: a. Flight-dated aerial photography of the Clam Bay ecosystem before and after the activities autht~rized by this pem'~it are conducted. The aerials shall be taken during Jul,.' t~l' each year and .,,ubmittcd to the Department annually for the duration t~l' the permit. Thc aerials must he color, vertical aerial photographs, controlled and rectified at a scale appropriate for pc~st-prnduction digitilization and a scale sufficient to delineate differing habitat/ones and dtm'~inant species within each zone. The flight line shall include all oi' tile Clam Bits' Natural Res~mrce Protection Area and the nearshore zone to at least 400 feet {~l'fsh~re {from the mean high water line). h. As concurrently as possible with taking the aerial photographs, ground-trothing activities shall be ctmducted in areas of special concern within the Clam Bay ecosystem, including areas of widespread dead and dying mangroves. Inner. Upper. and Outer Clam Bays. the areas receiving water discharges from the uplands, and areas contiguous with the main pass. The gmund-truthing activities shall include the use of the latest accepted scicntil'ic methods m sun'ey the types of habitats of concern within the Clam Bay cc~systcm. including mangrove and seagrass dominated habitakq. These surveys shall include a listing t)t' species present, percent coverages by species, size ranges and averages, and overall health./bitdogical trends for each fixed quadrat, transect, or ph)t studied.. These surveys and an.,,' associated drawings/mapping shall be conducted prior to c~mducting the dredging activities and trace each year fin July) thereafter for the life of the permit. c. Annual hmlogicat monitt)ring reporcs (BMRs) shall be submitted beginning tmc ,,'car following permit issuance. The first annual BMR shall contain the time-×em c{mditim~s ~I' the Clam Bay ecosystem existing prior to ctmlmencement of the permitted activities and a progress report of the activities clmducted since permit issuance. Thereafter. each BMR shall contain a progress report of the activities completed since the previous BMR and nil the data c{fllected pursuant to a. and b. above. Each BMR shall include graphical representation and ~}verlays of the c{fllected data on computer generated drawings {d' the aerials, and ground-level c{flor panoramic pht~tos ~l' each study area at fixed stati{ms. The annual B,XlRs shall also contain an analysis of the collected data and nlak¢ conclusions and recommendatitms concerning the impacts the permitted activities have had t)n the Clam Bay ecosyslem based on the analysis of the da~a collected, includin,._, the hiol{)gical monitoring data. the hydrographic monitoring data. 'and the water quality monitoring data. .XlONITORING SUMSIARY: Turbidity m~mitoring during construction: hydrographic/water quality mt~nitoring t~l' Clam the interior waterbodies, the ad. iacent beaches, and the Seagate culverts: bitflt~gical monitoring associated with marine turtle and manatee protection: and. iong-tern~ bi~fi{>gical mtmimring the Clam Bay ecosystem via fixed vegetative and benthic surveys. 16B18 FDEP Permit No.: 0128463-111}I-.IC (Previously 1131149919) Page 19 o1"~ 1 COMPLIANCE TIL.\CKING SU~IMARY: Commencement of Actiritv Notice- Due at lea.st 48 hours prior to commencement of activity, per General Condition 9. Project Completion and Certification - Due within 311 days folhawing subsequent dredging e','encs from a Florida registered engineer, per General Conditi{m I !. Preconstruction Conference- At least I0 days prior to commencement of itctivitv, per Specific Conditi~n I.d). ~larine Turtle Monitoring Reports- Reports due annually that include compaction measuremenLs, escarpment survey results, antl daily survey resulLs, per SpeciFic C~mditi<m Written Dredging Requests- At least 45 days prior to e;:ch event per Specific Ctmdilitm Xlangrove Tagging Verilication by Department Staff- Nlu.st be done prior to trimmin~ or removing any mangroves, per Specific Condition 7. Stud.,,' Plans- Due within 1211 days following permit issuance, per Spccil'ic Condition 11. Upland Water Discharge Reduction i'lan- Due within 3 years following permit issuance, per Specific Condition 12. Turbidity 5lonitoring Report.s- Ti} be conducted twice daily during ct,l.,,truction ;.tile[ submitted weekly, per Mtmitoring Required section. Water Quality Nlonitoring Reports- Due annually, per Monitoring Required .section. llydrographic ,Monitoring Reports- Due annually, per Monitoring Required section. Biological ~lo,itoring Reports- Due annually, per Monitoring Required secti{m. A(;ENCY CO31glENTS: Fh~rida Department ~1' Con~munitv Affairs- May ,3. 1997- No ob. jcclit~ns. Fh)rida Deparlmen[ ~I' Slate- Division t~l' tti.slorical Re.sources-June 23. 1997- Pr{)¥idcd spccil'ic conditions £o protect potentially historic sites ,'qCR476.8CR547. and 8CR576. City of Naples- July 8. 1997- Supptms the project. PARTIES REQUESTING NOTICE: Man,.'r~ve Action Group, Inc. Save the Bavs Association. Inc. The Ct}nservancv of S~mthv.'esl Fh>rida FDEP Permit No.: 0128463.001-JC (Previously 1131149919) Page 20 of ~1 Executed in Tallahassce. lqorida. STATE OF FLORID,'\ DEPAR I, IEN I OF ENVIRONMENTAL PROTECTION Kirby. B.G~een Deputy Secretary. Copies furnished Itl: Bob Brantly. Bureau of Beaches and Coastal Systems Jon Iglehart. DEP- South District Oflice- Ft. Myers Kalani Cairns. U.S. Fish and Wildlife Service George Percy. FI. Dept. of State Keri Akers. FI. Dept. of Community Affairs Andrea.s Mager. U.S. Dept. of Comn'~ero2 Susan Gray. SFWMD Staccy Cowley. DEP. Office of General Counsel Estus \Vhitlicld. Governor's Office of Environmental AITairs Chip Clough. U.S. Army Corps of Engineers Mac Hatcher. Collier County Government Collier County- Pelican Bay Services Division David Gu~enheim. The Conservancy of SW Florida Dan Spina. Save the Bays. Association Kay Potter. Mangrove Action Group. Inc. [tilburn I liltestad. Environmental Consultant- Arvida Dorothea Zysko. \Vilson. Miller. Barton & Peek. Inc. Karen .Moody, DEP- Bureau of Protected Species Management John lliff. National Marine Fisheries Service Eric Staats. Naples Daily News Johll Mac'kie. Booker & Poliakoff. P.A. Permit Information Center 16B1 FI)EP Permit No.: 0128463.1}1}1-.IC (Previously 113049919) Page 21 o1'21 FILING AND ACKNOWI..EDG*IENT ,{).5-. Florida Statutes, with the FILED. on this date. pursuant to Section 1~ '~ designa)ld Department Clerk. receipt of which is hereby acknowledged. Clerk Date Recommended and written by: pages attached. ,o o North" Historical Sites to Avoid During Construction Clam Bay Restoration Project FDEP File No.: 0128463 PERMANENT MANATEE SIGNS INSTALLATIOI",I PROCEDURES SLER 0818 There are t',,,.s t/pea cf - -'-" ' ' " ' re=n...=_ s;cns t,~at may be required, I) Caution Manatee Ares"; ,.,.l=n,=te_ Informational Displays" (see attached exampies). The b/Fica[ and 2) ..... -' l,,,,.,r,,,=,cn=I Displays inc!ude ",,," c.':-,. __. , , .......... a'M=.natee Fact Sh::*'' and ~aslcs for Boaters'. These sicns are intended to increase the awareness cf boaters of the manatees in the area sndcfthepctentialthreatboa'ts pose to the animals. Cust:m- c__,= .... signs are allc'.vable ~r the br~sic specifications and information are czmparaz[e. but must be apsrove= by the D__:,,,,,=.,. These signs are ncn-regufatocy in -" - Procedure for 4, oorov2,-I: i. The noel/cant., shculd ',,.,,,,,~. ~'~ a Fr-~:-,'""'. .,,=~:'- plan, with the ~'/Fe and locat~cns mr' spgns' '~,~ ~,e Bureau of P,o' '=~=d Sc...=::~:-' Manacemenk Depadment cf Environmental 3~00 Ccmmcnv,'eaP. h Ecule,.,ard. Mail S,=,.,n 245, Tallahsssae. Ficrida applicant should also include a chon indiczfing the location cf the facilib/ ir, re!orion "-*,,=.=. ........ ,,=zs =, ,~ csun~/location, and the PermR and/or L==~e . pr~ 2. T'ne Bureau cf Prcte~ed Spec[es t,.1-nagement wiil reviev/the l::rcposed site sign plan. The ~ ~'-" --' .--~.~Hc,:,,,, '.vfll be notified '"vi:hin ,30 days h,' the signs and Iccaticns proposed by the appli~nt=-r.= unacce:~ble.. Ccrresccndence. ,..,'iii be sent to offer sucaestions_, on the t'7.~ _-. number and locations cf sign(s). If "-~,,= applicant has not re,'=;v=d a response within days, the ,' .-. c-," .c, c,,c_=, signs and th=Pr locations should be csnsidered approved. '~ If during a site '~:' ' .-. vi.,,, apFrcved signs and their locations are'found not to be accordance with the instructions ~i'.,en in this document, failure to follow these directicr',s may' require re!ocaticn or addition cf " REcEiVED . FEE 1 ',c.95 ' ATTACHMENT - M~rch 15, A:.:ac:-.r..~n-: ~, Pace 1 PERMANENT MANATEE SIGNS INSTALLATION PROCEDURES (continued)' instructions for location and ~ SLER 0818 8 FACILITY I"YP F__JSIZE SIGN REQUIREMENT Private, Commercial, or Public facility <I0 ',",,et or dr/slips, for permanent mooring No Signs Required Private, Commercial, or Public Facility with 5 or more slips for temoorarv mooring (in association with upland se.,vice restaurants, chaders, etc.) IManatee Informational Displays Private, Commercial, or Public facility with 10-19 ',,;et, dr'/, tern.corer/or i::ermanent ,"" Caution Manatee A.~ea Signs Required Private, Commercial, or Public facilib/ with >20 slips (',,,'et, dr/, temporr-,r7 cr permanent) Caution Manatee Are_: Signs and M,.-r,,-,,=_ h,,o,,,,,-,don.-,t Disp;a'/s Boat Ramp, Prwate cr Pubiic Manatee In, c,m=d,.n,~t Displc-ys I,,,..,r,,,.-,~,.,,,~l Oisctays must be located in a prominent location, such as near Manatee ": .... '~ , waikv/ays, dcckmaster offices, restrcoms cr foot traffic access pcir, ts to piers/docks f:.: ma>dmum visibiiit'/. Caution Manatee Signs for docking facilities should be placed on land, walkways cr docks. These signs should be oriented so that the boaters using this facility will be reminded to watch for manatees Wile boating. These signs are not required to be placed in viewfcr the general boating public. If a facilib/has separate docks with separate access walkways, a Caution Manatee Sign should be installed near each walkway or dock. Permanent manatee signs should not be installed on pilings in water or be attached to navigational markers, or in any way impede navigation. RECEIVED FEB 1 5 1996 = · SUB L,t"~;DS & EN?. ~tES. ~.t t achmen~, ATTACHMENT - March 15. SLER 6B18 INSTALLATION REQUIREMENTS for Permanent Manatee Signs (continued) ", ,Aporoved Sion Suooliers: Bo~h types of signs are Available through the companies listed below and may also be avaiIable from other local suppliers throughout the state. Permit/lease holders, marinas, and boat docking/launching facilities should contact sign companies directty to arrange for shipping and billing. Caution and lnfcrmation8l $icns: Cape Coral Signs & Designs inc. 1311 Del Prado Boulevsrd CaFe Coral, Florida 33990 1-800-813-9992 813-772-9992 FAX 8'; 3-772-9-592 JADCO Signing Inc. 708 Commerce Way Post Office Box 911 Jupiter, Florida 33458 1'o800-432-3404 407-747-1055 FAX 407-744-298,5 Municipal Supply and Sign CcmF~ny Pest Office Box 17 Na,cles, Ficrida .3393_c-1755 1-800-329-5355 813-252-4539 FAX 813-252-45z5 Information ~Cicns f'only) Ne,,,.' City Sign Company 2245 Central Avenue St. Petersburg, FL 33713 813-323-7897 FAX 813-323-18.97 RECEIVED FFg .-. SUB LA,';8S & [!~V. RES. :. A..achment ATTACHMENT - March ¢5, ~9c. 5 2ac. e 3 WEST INDIAN MANATEE FACT SHEET. :.:a:.a:ee !nf:_...zti_na!~ , D___._=::¢-~-'. (l c-- 2) SLER 0818 MANATEE BAS ICS FOR BOATERS ~~TU~:r ' '-;:;.-::... I 16 .;-.:; ',. :) .... ;' ;: RECENED Cau:icn :.;ana~ee~'.rea 18 ATTACHMENT 06. 1~7 - $1~:0.I O:\(TwG~010.?~PR079~i~.~i IODlu UCUSTINE ~~,~i,' LOCATION MAP PROJECT: C~M BAY Figure .~Pu~: PELICAN BAY SERVICES DIVISION ~.~(~) WILSON ~ MILLER ~'.'-="~*~ -~ ~o~ ~ ~ ~ ~~k~ ~O~02-080-~-ERP~ r~ER_ t~IL H ROAD LOCATION OF 1992 MANGROVE DIE-OFF AREAS PROJECT: C~M ~A Y Figure ~PLI~NT: PELICAN BAY SERVICES DIVISION 1.1 (b) LEWIS ENVIRONMENTAL '~,.~ '- ~ -- ~.M.~./918 2 ~ J8 r~ REC. 56644 VANDERt~iLT ROAD 0 1995 DIE-OFF AREA = (2g.6 ac.) LOCATION OF '1995 MANGROVE DIE-OFFAREAS PaOJ£CT: CLAM BAY Fig ute A~PUC~T: PELICAN BAY SERVICES DIVISION 1.1 (c) ~v~ILSON MILLER LE]¥IS ENVIRONMENTAL SERVICES, INC. I cr~,~'m COLLIER [~R., 1997 4.9 Z,2..Z,3 495 25~ ~ I 1 g7 I HOIO2-OSO-OO;-ERPAp P~R-Tg STEPHEN k4 [,A.N S Fl~m RE(;. 36644, Hc, v 06. Igg7- ,, I o1~.!_ U ~8£ACH RO~D ~ FEB., 1996 DIE-OFF AREA = (8.9 ac.) TOTAL DIE-OFF = 45.9 LOCATION OF 1996 MANGROVE DIE-OFF AREAS P~o~[c~: C~M BAY ~PU~T: PEL/CAN BAY 5ERV/CE5 D/V/E/ON F;gure ~[LSON ~ co,,~ "'~., ,~ ~. ~ (d) 52.55 49S 252 ~I/g7 M I L L E R ~o,o~-~o-~,-e~ ~-7~ G<t-? OF FIGurE 3.2.2.:.¢ _1 t 16B18,~ · T:DE GAUGE [] SAUNITY 0 TIDE STAFF GAUGE 0 CURRENT SALINITY AND TIDE GAUGE 'FIELD STATIONS PROJECT: CL~M Figure ~PLI~: PELICAN EAY SERVICES D/VISION ~.2.~.~ (o) TAC~NgY AND ASSOC., COASTAL ENGINEERING ~o,o~-o8o-oo,-~ ~- LM.B./918 8 ~ J8 r~ ~. 20~ D~c I0, 1997 - I1:~.01 O;\Dw~olO$~PRO79.~.Og.d~.g ..... /11 7 P~S 9 BAY 5 4 3 2 EXISTING PROJ£CT: CLAM AND PROPOSED WATER MONITORING STATIONS QUALITY PELICAN BAY SERVICES D/V/S/ON WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 3.2.~.~.(o) O. T. I'AOXN~t' FLA. RE(;. 20~3 .,_~. ii iitl!li ill i{{!{{ il i Ii ~ 'i I ill 'illli Ill '~', iitl ill '1i~ t i~' I ~o~ i I~i Li ~'" ~~[ iii iii {,i llii ~.- 0~-- 0 ~_~ { ~0 ~ _ }0 ~{_~ , 0 ~_ ?~,{ ~~ tt tl c -'LOCATION , o , j 0 I LOCATION MAP ~OUECT: PELICAN BAY/C~N BAY-SEAGATE CULVER[S IMPROVEMENTS F~gure ~u~t: PELICAN BAY SERVICES DIVISION Su ~ OlOJ8 ~ P[R- 7~ R~'ORC[D ~N VIEW ........... ~ ~ ...... , ,, ............... :: 1 SECTION EXISTING CONDITIONS PROJECT: PEL/CAN BAY/C~M BAY-SEAGATE CULVERTS /MPROVEMENTS Figure ~¢u~T: PEL/CAN BAY ~ERV/CES D/V/S/ON 4.5.1.(b) LSON MILLER' ~ ~' 18 49S 25~ 0103-081-~5 PER- 79 16F918 BARRIER , INSTALL CONCRETE HEADY/ALL, ~ .~ - TIDEFLEX CHECK VALVES . lA ND RIP- RAP SEDIMENT 8A SIN BOI'tOU E LEV A T K:) ,a ? ~ .......... ~ :=m ~ ~ ~ ......... ~ ( T YPlC~ ) c~,~,,, c-).~ SECTION 1° ' 20' HO~IZONT,~,, PEOPO ED I PEOVEMENTS ~od[c~: PEL/CAN ~AY~C~M ~AY-EEACATE CULVERTS Figure ~u~: PEL/CAN ~AY SERF/~ES D/V/S/O~ ~.5.~.(c) S ~ 0103-081-~5 PER- 79 14 ~ 38 ~ REC. VWATER LEVEL ~:: o M~ B~NDING lNG 24' RCP 516 STNNLESS RED ~ALL TIDEFLEX (IF-2) CHECK VALVF N.T.S. CHECK VALVE DETAIL PROJECT: PELICAN BAY/C~M BAY-SEAGATE CULVERTS IMPROVEMENTS Figure ~PU~T: PELICAN BAY SERVICES D/V/S/ON · 4.5.1.(d) WILSON ~ M I L L E R ~,, .c°'"~,,, . .~'~°~/"~ 25E S~~~--~~~ 0103-081-005 PER- 79 OPTIONAL POS]' POSITION · ~1 __ ~PRINCIPLE POST ~I_ZL~:/// POSITION (CANT£D "~L I ~c]'"""~ 20" TOWARD FLOW) , ~J /-FILTER FABRIC (IN 5! ~- ) qll ~ !! ~sEc. 9~5 r~oT s~[c.) I V ~FILTER FABRIC O --~ ------ ~' ~ .,ELEVATION TYPICAL SECTION SILT FENCE N.T.S. ~ ~CHOR ~ES ~ 2 - 2' x ~ x 4' STAKES ER ~E ~.I r~o~ BALES ~ BU~ PLAN LOOSE SOIL P~CED ~ SHOVEL 2" x ~"~ ~ LIGHTLY CO~PACTEO ~ONG - SECTION TYPICAL BALE SILT BARRIER N.T.S, EROSION/TURBIDITY CONTROL PLAN ~RO~ZCT: PELICAN BAY/C~M BAY-SEAOATE CULVERT~ INPROVEMENT~ Figure ~U~T: PELICAN BAY ~ERVICE~ DIVISION 4.5.~.(e~) . CLOSED CELL SOLID--~ PLASTIC FOAM \ POST (OPTIONS: FLOATATIO~ (6' DiA. \ 2' x 4' OR 2 1/2' EOrV.)(12 LBS. PER ~ MIN. D~ WOOD: STEEL I -' M ' ~ ( REINFORCED WC .'~ROPE (600 LB. I ~ '[ JJ I 7 ~ TEST) ~ ~CINC ~ STRENGTH) ~LOAIING TURBIDI~ ~ ~ E~, STAKED TURBIDI~ BARRIERN=LON' -- I REINFORCED (300 PSI TEST) SHORE UNE TURBIDITY BARRIERS EROSiON/TURBIDITY CONTROL PLAN ~o~[c~: PELICAN BAY/C~M BAY-EEA~ATE CULVERTS IMPROVEMENTS F~gure ~PU~: PELICAN BAY SERVICES DIVISION 4.5.~. (e2) ~ 16 49S 25E ~ 1/g7 0103- 081 - 005 PER- 79 N4ATCH LINE 1 m m m P~ TS- TS - TIDE STAFF PLAN VIEW OF CONSTRICTIONS IN PRIMARY CREEKS, CHANNELS & BAYS PROJECT: C~M BAY-'vF;~ure ~PLI~T: PELICAN BAY SERVICES D/V/S/ON 4.5.2.(o) TACKNEY AND ASSOC., INC. ~"~ i+zo '" ~ "',..., .. I+1'5 _ _ ..~....e , i : ,'. = BAY H[GH i i+1'0 '"'"" " ..... ~ ............ 7'T . ........... , .... +0.5 ~..~.1,~z ~Y LOW ~ ". J ~ CU~ LOW "". / I I ' I l j -, APPROXIMATE MEAN TIDAL CYCLE FOR GULF GULF AND INNER CLAM BAY - JUNE 6, 1996 ~;~,~ ~x,co , ~_~, ~0~ I IN~ER CLMA BAY 0 4 ..... - 1.0 0 1.0 2.0 3.'0 WATER SURFACE CUMULATIVE FREQUENCIES ~ao~cT: C~M BAY Figure ~PLI~T: ~LJC~N B~Y ~RVJC~ D/V/SION 4.5.2.(b~ WILSON ~ co~u~ ~'~.. ,~ ~.5.2.(c) TACKNEY AND ASSOC., INC. ~'.~ 32.33 4~ 25E 11/97 LF HIGH' i _ _ ...?,,e , '~ · .,*"" i- ,' BAY HIGH ............. 7'T'~'." ............. -. .. °%% . *.,~,.. ........ j..,.?~,.,..,~. .,.: el t "' ,*,/. ~'or z~,~/L .... ~'-,-, · ,"' ~. ' ~'~i-CutlLeveI j __ ._.., .',Z BAY LOW :il ": LF HICH' j +:2.0 · -.'" +1.5- - ..~....e +1.0 "".*. -* ** · ,-""'"~"~ ....... ........... '~ -... .... :.' ...... ~- -:- ..... ,-"" :"T , ,.~ so,~.., L .... ---.' +0.5---~-.--"'1'~'' BAY LOW j '""~ GULF LO'// j '.. J I I ' ' ' ' ~.00 10,00 11:00 12'-00 I,,T: O0 14;00 1..~ O0 1~:00 17:00 I&O0 19:01~, 20'.00 21:00 I I i I I I I J I EL~ATIONS ~E REFERENCED TO 1929 N~D REPRESENTATIVE WATER DEPTHS .... Figure ~ COLLIER ~R.. 1997 HO ~02-080-~ I -ERP~ ~ER- 79 -- L.~.B./glB 20 ~ J8 r~ ~EC. 20~ · ~ CL PA o ¢ ,¢'..-~ o PASS R=2.01~ ODEL-1 MODEL-2 (UPPER CREEKS ~ BAYS) (STORAGE AREAS) PROJECT: C~M BAY Figure ~PLI~T: PELICAN BAY SERVICES D/VIZ/ON . 4.5.2.(e) ~ CO~UE~ ~'~., ~gz 4.5.2.(f) ~I~SO~ TAC~N~% AND ASSOC., INC. COASTAL ~GINE~RING ~ ~ ,,~ LM.~.~I~ 2~ a j~ r~ a:G. 208S3 Nov 06. ~0B181 CLAM PASS SHEET 4 SHEET 3 SHEET 2 LL SHEET 1 OUTER CLAM BAY REFER TO FIGURES 4.5.2(g)(2) AND 4.5.2(9)(3) FOR BREAKOUT SHEETS ALIGNMENT OF 4A-AD PROJ£CT: CLAM BAY A~PLICANT: PELICAN 8A Y SERVICES D/V/S/ON WILSON '--- MIL~LER CHANNEL FOR PERIJITTINC PURPOSES ONLY Figure 4.5.2.(9)(1) O. ?. TAC~NEY 20-30 ~ ~0 - 50% / P~OuEC~: CLAM BAY F~gure ~PU~T: PELICAN BAY ~E~VICES DIVISION 4.5.2.(g)(2) '~; CO~LIf~ ~R.. 1997 ~ILSON TACKNEY AND ASSOC., INC. COASTAL ENGINEERING ~ ~ ,~,. M I L L E R I Illllll II III IIIIIIII IIIIIII ~ - ' /)~/ ' ' s~T 4 S~our S ~,~ ~on~r~e on~r~ 22'! ~ 5- Figure ~Pu~f: PEL/CAN BAY SERVICES D/V/S/ON 4.5.2.(¢(3) ~AC~NE~ A~D ASSOC., INC. 32~ 49B ~ Il/g7 COASTAL ~NG~N~R~NG ~ ~ ' NO I O2-~O-~ I-~Rp~ D~c 10, 1997 - 12:05:41 UPPER R-~'5 ~ro~irnate Ending Point CHANNEL fl LENGTH Po;hi NOR TH BOAR. O'~'ALK R-.lg APPROxI~,~ATE LO,CATION O.r' SPOIL DISPOSAL ARF~A$ FOR CUrS I. 2 & 3 A~$D APPROXH/ATE LOCATION OF' Oh'R ~ONUU. ENFS SILT fENCE/ ~ FILTER FABRIC ~ GULF ~AY ~ALES EXCAVATION/SPOIL DISPOSAL PLAN C U TS 1 &: 2 &: 3 Fo~ PURPOSES or,fLY Figure ~PUC~T: PELICAN BAY SERVICES DIVISION 4.5.2.(h) W'ILSON 4.s.2.(~) MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING O. f. FLA. Fl O-IANNI:L CUT ~'4B I1 L~GTH / 20II CHANNEL -~. J 100 JJ J.Jr.~GTH CLALI ~ ouae. I I X / CUT i 4A b_ p o BAY ~PROXIUA/E SPOIL O~SPO~ LO~TION FOR C~ P~ (SEE SHEET 28 OF 38 - ~IGUR[ 4.5.2(0) ~OR OgNL) EXCAVATION/SPOIL DISPOSAL PLAN PURPOSES O~Y PROJECT: C~M SAY Figure ~PU~: PELICAN BAY SERVICES DIVISION ., 4.5.2.(i) TAC~NgY AND ASSOC., INC. ~*," ~ COASTAL gNG[NggR[NG ~ ~ CUT 1 ~ ~ o' N¢'~) / · --.--/--. - ~ H CUT 2 & ,.3 -- --~-4 ft 40 ft ,.~ CUT 4A ':=a, CUT 4B _ ~7 O' Nero NOTES: I. EXISTING SECTIONS VARY. 2. D{)E SLOPES O A~GiE OF REPOSE (ASSU~E0 CUT 4C TYPICAL CUT SECTIONS SEE NOTE-2 SCALE 24 68 ~0 PROJECT: CLAM ~A Y Figure 4-.5.2.(0 APPLICANT: PELICAN BAY SERVICES DIVISION WILSON e TACKNEY AND ASSOC., INC. COASTAL ENGINEERING MILLER D. T, FL,A. RE6. CUT 1 V O' NGVD %,-o,;! J '- CUT2 ~ O' NGVO 40 fl CUT 4A -.3 ft CUT 4B ~7 O' NCVO NOTES: 1. EXISTING SECTIONS VARY. 2. SIDE SLOPES 0 ANGLE OF REPOSE (ASSUUEO 30') CUT 4C TYPICAL CUT SECTIONS SEE NOTE-2 SCALE 24 6 B l0 PROJECT: CLAM £A Y Figure ~PUC~T: PELICAN BAY SERVICES DIVISION 4.5.2.(0 WILSON MILLER D. t. TACK,NEY fLA. REG. 20853 N<~ 06. 1~g7 - 15:~g:52 0;\C:n~0103~PROT~S2$.d.,9 ,, INVERTEBRATES OBSERVED OFFSHORE ALGAE OBSERVED OFFSHORE Porifera CirtacAy-rella alioclada r ;~ I r h Cn~daria (cora~s) UI~ ~c~ia ~o~ a~c~ Codiu~ $~~a ~ Hy~a Polychaetes D~i ~ia ~ei~ ca~tala *Species believed to be correct. Fab~ l~obala Tun;cotes St~la spp. Mollusks ~qhtlnq conchs Si~b~ Pen shells AL~ Echinoderms Beaded sea st~r Asim~cte~ sp~ Long-sp;ned black urchin ~~ Netted sea star L~ Nine-armed sea stcr l~ Var;able urchin L~echi~ ~ve-holed keyhole urchin ~eliila ~thropods 'Stone crab Me~ip~ ~e~ Horseshoe crcb Lim~ Spider crab Libi~ VERTEBRATES OBSERVED OFFSHORE Fish Leather jackets Oii~{Je$ Sea robin ~l~ Sand perch ~eci~m ToodEsh Opsa~ beta Uger golby Cob~so~ ~c~ ~NFORMAT~ON PRODDED BY Sheepshecd A~sarg~ ~baloce~ TURRELL & ~SOC~TES. INC. Pinfish ~go~ r~mbei~s Nurse shork Cingi~sio~ DOCUMENTED ORGANISMS IDENTIFIED OFFSHORE FROM CLAM PASS PURPOSES ONLY PROJECT: C~ ~ Y F~gure ~PU~: PELICAN BAY SERVICES DIVISION 4.5.2.(m) ~ COLLIER I ~R., I997 ~I~SO~ TACKNEY AND ASSOC. INC. ~,.~ COASTAL ENGINEERING ~ ~ . ~M.B./918 26 16B18 : lO00 BOTTOM TR~,NSECT LOC/~ ~rIONS Figure 4.5.2.(n) Turrell Il A~3oc~ate~. Inc M&rll3e & £rtWlronmenLA~l Con~,ultlnI ~Chinf~ A~e Suite B. Nep CLAM PASS ]{ARD BOTTOM T~NSECT LOCATIONS 7 45 L78 ~ 4S ~ 22 SPOIL DISPOSAL ?.?a 5~s SCALE: I' = 40' 7.5g ~ ~ 4 4~ - B~ v EW _ SPOIL DISPO~L ~EA r 4 3 - 2 - I - EXISTING EL~ATION 0 -- PROPOSED EL~AT~ON PROPOSED SPO~L (~ROXI~TELY ,OT~: SECTION D-D ~oo - ~soo c~) EXCAVATED D~CH QU~LI~ .,, ~ APPROXIMATELY 2 ~. ~D ~LL BE REL~ATED S~LE: 1' = 40' C~ OF CLaN ~D TO GULFS~DE FOR B~CH RENOURISH~ENT ~D/OR ~ PROPOSED EXCAVATION P~EME~ O~R SO~L (SEE NOTE) DISPO~ ~ TEMPO~ R~NING , BERM PURPOSES ONLY PR~ECT: C~ Figure COASTAL BNG]NBER]NG '~' ~. _ : L.~.~./~8 ' 280 ~ 38 ~ ~EG. 20853 07. ~98 - '13:~742 D.~OwG'~OlOJ~l~qo?gs~8.d~g ; :; .,. . ~oo TO ~oo ) ~// u~xz~c ZONE ~O- --, ~ ~ // / o~s~o~ ~ FO~ I / // ~1 ( 600 TO 800 FEET). J ~ / H,CH ~0 LOW ,,~ ~ ~ OUTER SPOIL DISPOSAL LOCATION eu~os~s o,L~ CRO~ECT: C~M ~A Y Figure ~PU~T: PELICAN BAY SERVICES DIVISION 4.5.2.(o) .~. ~.~ ~ILSO~ ~ oo~ur, ~,.. ~ TACKNEY AND ASSOC., INC. ~'" ' COASTA~ ENOINBBR[NG ~" ~ 1 6 B 1 8 Photo I. The west side of Upper Clam Bay looking SOuth from the top of the Contessa, November 1995. (Photo by Roy R. "Robin ~ Lewis IlL Lewis E.'rvironmental Service& [nc,. Tampa. Florida.) Photo 2. The west side of Upper Clam Bay looking south from the top of the Contessa, December 12, 1996. (Photo by Roy t[ "Robin" Lewis Ill, Lew~s Environmental Services. Inc.. Tampa. Florida.) FIGURE 4.5.3(a) Sheet 29 of ~ B(::~JNrt*~R~ES O¢ k~NGROVE MANAG EMI~T UNITS RESTORED CHAN t,'ELS I~.~ ~'FOR A TI ON PHASE ONE Ill PROPOSED LATERAL RESTORATION PROPOSED SWALE RESTORATION PROPOSED MAINTENM, ICE PROPO~D MANAGEMENT AREAS MLSON N $ MILLER PER-79 Sheet 30 of 38 Figure 4.5.3.(b) ~ E M~/,i"r UI~T lDO S*'rl~lO RF~5'TORED PROPOSED PC:tOC~OSED SIDE RESTORATIOtt PHASE TWO CONTINGENCY PLAN MILLER PER-79 Sheet 31 of 38 Figure 4.5.3.(c) 16B18 PHASE THREE (a). CONTINGENCY PLAN. PROPOSED LA'rEIgN. C~NNINEL RE,5'rORATION PROPOSED ,i'WAt. E RESTORATION $ MILLER PER-79 Sheet 32 of 38 Figure 4.5.3.(dl) 16BI 84 PHASE THREE (b) CONTINGENCY PLAN P'RO~:)~D LATER ,,U.. CHANNEL REb*~ORATION PROJ::~)SE.D SWA/~£ RE~*TORATION PRC~'OS~D MNNTEN,~.~CE OF E)gSTIN~ CHAPELS WILSON MILLER PER-79 Sheet 33 of 38 Figure 4.5.3.(d2) J ij6B1 B >_. uJ ~ ! i i o Lu> n I '~0 z I 0'~ I I I i ~ ~ ~>- '_ - o ~o <~<~ .~ z~. ~ ~ ~ i Z~ -_~ Z , ~1 ~ i : Figure ~PUC~: PELICAN BAY SE~Y/CES DIVISION ~.5.5.(e) S ~ NOIO2-OSO-OOI-ERP~ PER-7~ INTERNAL MAIN CHANNEL RESTORATION EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION idHW - 1.50 FT. NGVO. MLW - (-)0.51 FT. NGVD (GULF TiDE ELE~'ATIONS " ! PER D,T. TACKNEY, P.E.) EXISTING PROPOSED SECTION Y-Y SECTION Z-Z TYPICAL EXISTING AND PROPOSED CROSS- SECTIONS, HISTORICAL MAIN DRAINAGE CHANNELS AND SIDE DRAINAGE CHANNELS. N,T.S, PROJECT: C~,~M. BAY Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.3.(f) WILSON co, , ,~, ' ~"~:R., .~ LEWIS ENVIRONMENTAL ,,~, ,. ~. '~ ~,~ SERVICES, INC · NO~O2-OSO-OO~-ERPA~ PER-Y9 L.M. 8./918 ~5 ~J8 fLA. RIG. 36644 16B18 INTERNAL LATERAL CHANNEL RESTORATION EXISTING PROPOSED ~N INTERNAL SWALE XX-XX RESTORATION MHW - 1.50 FT. NGVD. MLW - (-)0.51 rt. NCVO (GULF T~DE ELCVATIONS PER D,T. TACKNEY, P.E.) SMALL LATERAL CHANNEL AND SWALES N.T.S. PR0U£CT: CLAM BAY F;gure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.}.(g) ~V'I LS Ol'q MILLER ~ I997 LEWIS ENVIRONMENTAL -- SERVICES, INC ........ f ~" ~...~ ..... ~-- Dec 12. 1997 - 12:34:54 16B]L 8 ALL SPOIL DISPOSAL AS THIN LAYER OF BIODEGRADABLE ORGANIC MUCK. P~T AND P~T DEBRIS RESULTING FROM EXPLOSIONS. NO SPOIL PILES. BERMS OF UPLANDS TO BE CRATED. TOTAL DEBRIS AS SPOIL WILL NO7 EXCEED xxx CU. YDS. INTERNAL MAIN CHANNEL RESTORATION (CHANNEL "A" ONLY) EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION (CHANNELS B,C,D,1A-6A & lC) EXISTING PROPOSED SECTION Y-Y SECTION Z-Z d L~NUAL AND EXPLOSrVE ~XlUUM 225 CU. YDS. OF 8OTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS d M ANUAL AND EXPLOSIVE I~IAXIMUM 1,.386 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS MHW - 1.50 Fr. NORD. MLW - (-)0.51 FT. NGVD (GULF TIOE ELEVATIONS PER D.T. TACKNEY. P.E.) METHODS OF SOIL DISPOSAL *(1) N.T.S. PROJECT: CL~M BAY Figure APPLICANT: PELICAN BAY SERVICES D/VISION WILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. STrl:h,l£ N uEAHS rL~ REG. 36644 INTERNAL LATERAL CHANNELS ! ~ MANUAL ~"1 CLEARING MAXIMUM 441 CU. YDS. OF I I I Z' MAN UALLY L L DISTRIBUTED DESR:S EXISTING PROPOSED SECTION XX-XX INTERNAL SWALES ' DEBRIS EXISTING PROPOSED SECTION YY-YY MHW - 1.50 FT. NGVD. ULW - (-)0.~ ~. NOVO (GULF TIDE EL~ATIONS PER 0.T. TACKNEY. P.E.) METHODS OF SOlE DISPOSAL *(2) N.T.S. Figure APPLICANT: PELICAN BAY SERVICES DIVISION 4.5.~.(i) WILSON " ~' co,,~ ~.. ,~ LEWIS ENVIRONMENTAL ~ ~,.~ ~ ~ ~ 3~.33 49~ 252 1~/97 SERVICES, INC. ' ~ ~ ,~ ~ ~o,o~-~o-~,-~,~ ~-~ t.~.B./918 38 ~ 38 r~ RKC. 36644 PASS £no~ng Point cur /'3 2cfr CHANNEl. A~pr oz;n-.ote 8eqinn~nq Point UIDDI F CLAM PASS CUT 14B CUT CUT OUTER CLAU BAY SHEET 2 CUT ~ 4A 3orr CHANNEL 2330 It IFNC;TH SOU TH BOARDWALK PROJECT: CLAM BAY EXCAVATION 5 &: 4A PLAN FOR CUTS THROUGH 4D FOR PERMII'rING PURPOSES ONLY APPUCANT: "~/ILSON, PELICAN BAY SERVICES D/V/S/ON MILLER r ~gure 4.5.2.(I) REG. 20853 199602789([P-CC) CUT 1 ~ V O' NC~ / ,, $ CUT2 &3 ~ O' NOVD zO fl CUT 4A 2. PROJECT: CUT 4B ~ o' NCVD CUT 4C EX~STiNG SECTIONS VARY. DOE SLOPES 0 ANGLE OF REPOSE (ASSU~ED TYPICAL CUT SECTIONS CLAM 8AY ~£ NOF~- 2 0 2 ~ 6 8 10 HOffiZC~FI~L A~PLICANT: PELICAN BAY SERVICES D/V/S/ON WILSON MILLER TACKNEY AND ASSOC., INC. COASTAL ENGINEERING Figure 4.5.2.0) rT.A. ~£c. 199602789(IP-CC) APR 6. 1998 INVERTEBRATES OBSERVED Por~fera Cnidaria (corals) ~c~ ~c~ Polychoet~ F~ t~bat~ Tunicotes St~ sp~ Mollusk~ ~ghtlng conchs Pen shells [ch;noderms Beaded sea Long-s~ined black u~ch~n NeHed sea star Nine-or~ed sea st~r Vo6oble urchin ~ve-holed keyhole urch;n ~thropods Stone crab ~e~(p~ Horseshoe crab Spider cr~b L~n~ Leather jackets Sea robin Sand perch Toadflsh ~ger golby Sheeoshea~ Pinfis~ Nurse shark DOCUMENTED OFFSHORE Astropecter~ spp. Hell ita quir~qu~spe"r forata ALGAE OBSERVED OFFSHORE 16B18 : n '~ n I r h Acetab~l~ria spp. Ca ~lerT~= sm'~ ula ?'io i. d. e s Ca ~lerp~ UI~ Codi~ t ;v; ; nrh ~h * C~~ 'H~ spp r wn ; ; ; n h · Species believed to be correct. INFORMATION PROV1DED ETY TURRELL & ASSOCtATES. INC. OFFSHORE ORGANISMS IDENTIFIED FROM CLAM PASS PURPOSES ONLY PROJECT: CLAM BAY ~gure 4,5.2.(m) APPUCANT: PELICAN WILSON MILLER BAY SERVICES D/VIS/ON ~ COLLIER ~PR. 1997 TACKNEY AND ASSOC., INC. ~ COASTAL ENGINEERING 199602789(IP-CC} APR 6. 1998 0 2~o ~o 6B18 io~x~ COLL ~'R C 0~.4 I'¥.----./ IO&~OwzL~ HARD BOTTOM TRANSECT LOC~, TIONS C£AM PA SS Figure 4.5.2.(n) HARD BOTTOM TRANSECT LOCATIONS 199602789(IP-CC) APR 6. 199g Oo HARD BOTTOM At £2 ... I:Xscharg~ ~ for s~x~tl~m sections of C~I 4A. k~.atlon to be ~(errnlr~d by and alvtslo~) ,° ,INDICATES HARD1 BOTTOM AREA 16B 18 iooo Dtsci~rge pipe for northern IlClJortl of Cull 4A,4B.4C. end 40. {Si>eclflc k)catk>n to be ,l::lItelmr~ll"~,e.d by co~tractor and Pelican Bay Services DlvisiorL) /l, ppt~xlmale discharge Iocatlo~ and mixing zone fo,- r~ll-~m s~tlons of Cuts 4A.4B.4C and 40 (between MHW a~d MLW). Approxlmale Iocztlor~ of m|x|ng zor~ for sect|on o! Cut 4A. l~rrc[l &: A~soct&t.e-~. Inc. C£A M PA SS AREA OF VERT/CA£ RELIEF APR 6. 1998 6B1 8 Photo I. The wes~ s|d~ ofU1:~' sottth f-win th~ top of the Contessa, November 15, FIGURE 4.5.3(a) Photo 2. The west side of Upper Clam, Bay looking south from the top of the Contessa, December 12, 1'996. (?hoeo by Roy g. "Robin ~ Lawi, III. Lawis Environmental Services. Inc.. Tampa. Fl~rida. J 199602"/g9(IP-CC) APR 6. 1998 Sheet 29 of 38 18B18 PHASE ONE ~TZ~ON MILLER ~ ,.4 PER-79 Sheet 30 of 38 Figure 4.5.3.(b) P'ROPO~,ED ~N RF.b"'T ORATIO/,I PHASE TWO CONTINGENCY PLAN MILLER PER-79 Sheet 31 of 38 Figure 4.5.3.(c) 8 PHASE THREE (a) CONTINGENCY PLAN PROPO~-D M,UNTE~ANC£ OF EX~T~N~3 C~,,u~HELS VrTL~ON MILLER PER-79 Sheet 32 of 38 Figure 4.5.3.(dl) E~GST1HG R ESTORE~ ~ M~N RE,~'TORAllO/~ RESTO~ATIOH PHASE THREE (b) CONTINGENCY PLAN MILLER PER-79 Sheet 33 of 38 Figure 4.5.3.(d2) Z YZ Ld~- ZL~ 1,1 o~- ~z PROJECT: C~fl, M ~:~A Y ,~Pu~: PELICAN BAY'SERVICES D/V/S/ON Figure 4.5.3.(e) ~"D:~HEN u~d~tS ~ R[C. 56644 199602789(IP-CC) APR 6. 1998 INTERNAL MAIN CHANNEL RESTORATION ) EXISTING PROPOSED SECTION X-× 16B1 8 INTERNAL SIDE CHANNEL RESTORATION EXISTING PROPOSED S E____~_CTION y-y TYPICAL EXISTING AND SECTIONS, HISTORICAL CHANNELS AND PROJECT: CLAM BAY PROPOSED SIDE MAIN DRAINAGE CROSS- DRAINAGE CHANNELS. N.T.S. ~PUC~T: PELICAN BAY SERVICES DIVISION WILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. Figure 4.s.3.(0 199602789(IP-CC) APR 6. 199g 8 INTERNAL LATERAL CHANNEL RESTORATION EXISTING PROPOSED SECTION XX-XX INTERNAL SWALE RESTORATION PROJECT: SMALL CLAM BAY LATERAL CHANNEL AND SWALES N.T.S. ~PUC. X~: PELICAN BAY" MILLER SERVICES DIVISION LEWIS ENVIRONMENTAL ~ SERVICES. INC. ~,~,~,_~,~,. __:_ "" I ~ '-...'". ,~'./.~ ." o ~ Figure 4.5.5.(g) ~'l'ICPIHEN. I, LF.A,~S 199602789¢IP-CC) APR 6. 1998 ALL SPOIL DISPOSAL AS THIN LAYER OF BIODEGRADABLE ORGANIC MUCK. PEAT A.ND PLANT DEBRIS RESULTING FROM EXPLOSIONS. NO SPOIL PILES. BERMS OF UPLANDS TO BE CREATED. TOTAL DEBRIS AS SPOIL WILL NOT EXCEED XXX CU. YDS. INTERNAL WAIN CHANNEL RESTORATION (CHANNEl. "A"/ON'Ly)'' EXISTING PROPOSED SECTION X-X INTERNAL SIDE CHANNEL RESTORATION (CHANNELS B,C,D,1A-6A & 1C) EXISTING PROPOSED SE___CTION Y-Y 16B18: C~MANUAL AND EXPLOSNE NG U, AXtI. IUI~ 225 CU. YDS. OF' BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS dMANUAL AND EXPLOSIVE _~ING MAXIMUM 1,586 CU. YDS. OF BOTH MANUAL AND EXPLOSION DISTRIBUTED DEBRIS PROJECT: METHODS OF SOIL DISPOSAL *(1) CLAM BAY APPUCAm': PELICAN BAY 'SERVICES DIVISION . ~v'ILSON LEWIS ENVIRONMENTAL '~ ' SERVICES, INC .......... ".~. ..... "" Figure 4.5.3.(h) 5'rLrr~EN UEA~S ~ REG. 36844 APR. 6, 1998 ~NTERNAL LATERAL CHANNELS EXISTING PROPOSED SECTION XX-XX O~MANUAL C~ING MAXIMUM 441 CU. YDS. OF DISmlB~ED DEBRIS EXISTING INTERNAL SWALES ~l CLEARING MAXIMUM 229 CU. YDS. OF 1,4ANUALLY DISTRIBUTED DEBRIS PROPOSED S__E~TIO N YY-yy PROJECT: NtETHODS CLAM BAY OF SOIL DISPOSAL *(2) N.T.S. APPUCANT: P£L/CAN BAY SERVICES D/V/S/ON F~gure ~v'ILSON MILLER LEWIS ENVIRONMENTAL SERVICES, INC. COLUD~ 4§$ 5'TEP~EN NrA,NS 199602789 (IP-CC) APR. 6, 1998 DEP ATTACHMENT C: SPEC I FIC CONDIT IONS Page 8 1 I. Within 30 days after completion of construction or completion ora subsequent maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems and the appropriate District office ofthe Department a written statement of completion and certification by a licensed professional engineer registered in the state of Florida. This certification shall state that: ali locations and elevations specified by the permit have been verified; the actMties authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions ofthe permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies ofas-built drawings submitted to the Department. SPECIFIC CONDITIONS: Prior to commencement of the actMties authorized by this permit, the permittee shall ensure the following activities are conducted and information provided: At least 30 days prior to each construction event, the permittee shall identify a qualified biologist/wetland scientist(s) familiar with ecosystems o£Florida and submit their qualifications to the Department for approval. This individual will serve as the supervising scientist that oversees the biological components of this restoration project and will halt construction if he/she suspects that violations of the permit have occurred. At least 30 days prior to commencement of construction, the "Proposed Scope of Work" described in the Biological Monitoring section ofthis permit shall be submitted to the Department for approval. Prior to commencement of construction, the construction plans and bid documents showing the work area contemplated to be constructed shall be submitted to the Department to be verified/approved by Department staff. Excavation work authorized by this permit shall be administered in accordance with Specific Condition 1.(g) below. To the fullest extent possible, the smallest, lightest mechanized equipment and smallest work areas adequate to conduct the activities authorized by this permit shall be used to minimize adverse impacts to natural resources and the substrate where mangrove regeneration is encouraged. Prior to commencement of each dredging event authorized by this permit, a pre-construction conference shall be held among the contractor, the owner or authorized agent, the wetland scientist(s), the marine turtle permit holder, the USI~VS, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the General and Specific conditions of the permit and the Monitoring requirements. At least 10 days advance notice shall be provided prior to conducting this meeting. The Permittee shall submit the project specifications as required under Specific Condition l.(g) below to BPSM for review and approval relative to the project specifications' probable impacts on marine turtles, If/he type o£dredge proposed has the potential to adversely impact marine turtles as determined by BPSM stall', additional conditions to protect marine turtles ma)' be required by the Department as part ofthis permit. If blasting is proposed, a blasting plan shall be submitted to the Bureau of Beaches and Coastal Systems and the Bureau of Protected Species Management in Tallahassee for approval at least 30 days before the proposed blasting event. Additional conditions relating to the proposed blasting activities may be needed and added to this permit by the Department. At least forty-five (45) days prior to the initial dredging event and any subsequent maintenance dredging event authorized by this permit, the permittee shall submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee detailed project specifications, including but not limited to plan view and cross section drawings, which detail the dredge and fill limits at the dredging and disposal sites, the method of construction and construction schedule, and a processing fee as specified by Rule 62B-49, F.A.C. Additionally, the work area ofthe authorized excavation shall be clearly marked in the field by the wetland scientist(s) to allow the Department staffto verify and approve the location of the excavation. The Department may request additional information as necessary in order to review each proposed dredging event. Written approval from the Bureau of Beaches and Coastal Systems in Tallahassee shall be obtained before proceeding with each dredging event. Department approval for individual dredging events may be contingent upon the permittee's acceptance of additional conditions, such as turbidity and/or water quality monitoring, which may be determined to be appropriate based on data submitted to the Department in support ora dredging request or upon the results of previous dredging. 2. The following conditions are required to minimize impacts to marine turtles: a) No construction, operation, transportation or storage o£equipment or materials are authorized seaward of the dune crest during the marine turtle nesting season (Ma.,,' 1st through October 31st ). This includes dredging ofthe main pass and disposal of dredged material seaward of the dune crest, including the intertidal zone. The other activities landward of the dune crest may be conducted during the marine turtle nesting season provided the necessary measures are taken to protect marine turtles. b) greater contain coarse Fill material placed on the beach shall be sand that is similar to that already existing at the beach site in both coloration and grain size. All such fill material shall be free of consm~ction debris, rocks, other foreign matter and shall not contain, on average. than 10 percent fines (i.e. silt and clay) passing a No. 200 sieve and shall not gravel or cobbles (exclusive of shell material) retained by a ,; No. 4 sieve. c) Fill material shall not exceed a 10:I horizontal to vertical slope and shall be placed below Mt-BV. If fill disposal results in a barrier or depression in the beach profile that interferes with marine turtle nesting, the permittee shall be required to remove that feature upon request by the Department. d) Reports on all nesting activity is currently provided to the Department by Collier County Department of Natural Resource Protection. The Permittee shall ensure that the reports prepared by the Collier County Department of Natural Resource Protection shall include the collection of data specific to the project area for the initial nesting season following the completion of construction, and for a minimum oftwo additional nesting seasons, unless waived as herein provided. Monitoring during the additional seasons may be waived if the permittee can demonstrate that the fill material is no longer present in the project area, or that turtle nesting the first season post-construction was not adversely affected compared to an appropriate control area. Monitoring shall include daily surveys and any additional measures for turtle protection authorized by the Department. Reports shall be submitted to the Department in accordance with current protocols with the Collier County Department of Natural Resource Protection, but as soon as practicable atter the completion of all monitoring activities, and shall include daily report sheets noting all activity, nesting success rates, hatching success ofall relocated and in situ nests, and names of all personnel involved in nest surveys and relocation activities. All nesting surveys and nest relocations shall be conducted only by persons with prior experience and training in these activities and duly authorized to conduct such activities through a valid permit issued by the Department, Division of Marine Resources, pursuant to Florida Administrative Code Rule 62R-I. e) If heavy equipment is required to transport equipment or materials on the dry beach (above MI%V), the path of the equipment will be tilled to 36" to avoid compaction impacts prior to the following nesting season. f) Management, sea leveled immediately if Visual surveys for escarpments or barriers along the project area shall be made immediately after completion ofthe project and prior to May I in any year that disposal of beach quality material is placed on the beaches adjacent to Clam Pass unless inspection ofthe disposal area indicates that the dredged material has been removed by natural processes, in which case this permit condition shall not apply. Results of the surveys shall be fa_xed to the Bureau of Protected Species (850) 921-4369, prior to any action being taken. Escarpments that interfere with turtle nesting or that exceed 18 inches in height for a distance of I00 feet shall be to the natural beach contour by May 1 st. The Department shall be contacted subsequent reformation of escarpments that Can interfere with sea turtle nesting or that exceed 18 inches in height for a distance of I00 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. In each year where the escarpment survey is conducted, a summary of the survey and actions taken shall be submitted to the Department. g) During the marine turtle nesting and hatching season, all lighting associated with project activities landward of the dune crest and visible from the beach shall be limited to the immediate area of active construction only. Such lighting shall be shielded Iow pressure sodium vapor lights to minimize illumination of the nesting beach and nearshore waters. h) Bureau appropriate In the event an unmarked marine turtle nest or a dead, injured, or sick marine turtle is discovered during construction activities, the marine turtle permit holder and the of Protected Species Management shall be notified immediately such that conservation measures can be taken. The following conditions are required to minimize impacts to manatees: The permittee shall instruct all personnel associated with the project ofthe potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. Siltation barriers, ifused, shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. All vessels associated with the construction project shall operate at "no ~vake/idle" speeds at all times while in the construction area and while in water where the draft ofthe vessel provides less than a four-foot clearance from the bottom. Ail vessels will follow routes of deep water whenever possible. e) If manatee(s) are seen within 100 yards ofthe active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation ofany equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. Page g 6818 Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL FMP (I-800-342-5367). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Veto Beach (I-407-562-3909) in south Hofida. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. Ail signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted ifvessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 8 i/2" by I 1" which reads Caution: Manatee Habitat. Idle speedis required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL I:7VIP (1-800-342-5367). The U.S. Fish and Wildlife Serwce shouM also be contacted in Jacksonville (1-904- 232-2580)for north Florida or in Vero Beach (l-407-562-3909) for south Florida. Permanent manatee informational signs, such as those shown in the enclosed example sheets, shall be installed and maintained at the canoe boat ramp at the southern end of Outer Clam Bay following completion of the initial dredging event. 4. Pursuant to the Florida Department of State, Division of Historical Resources (DOS-DHR) regulations, no heavy equipment, land clearing, or ground disturbing activities shall be allowed at sites 8CR476, 8CR547, and 8CR576, unless subjected to prior testing by a qualified archaeologist and approved by the DOS-DHR. See the attached permit drawings for the locations of these historically significant areas to be avoided. 5. The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow water depths and meandering channels lined with protruding mangrove branches and roots. To protect the significant natural resources and water quality of the Clam Bay ecosystem, and to provide protection to the public safety (boaters utilizing these waters), there shall be an idle speed/no wake restriction on motorized vessels used in the system (as stipulated in County Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam Bay system by County Ordinance No. 96-16 shall remain active and enforceable for the life of this permit. Additionally, two Horida Marine Patrol approved signs that state, "Idle Speed- No Wake" and "Caution- Shallow Water and Natural Resources Present- Tilt Motor Up To Prevent Prop Dredge- Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S." shall be placed at the follov, Sng locations following completion of the initial dredging event: One within the entrance of Clam Pass facing boaters entering the bays; One at the entrance to Outer Clam Bay facing north and easily legible to boaters entering Outer Clam Bay; r One at the entrance to Inner Clam Bay facing south and easily legible to boaters entering Inner Clam Bay; One at the entrance to Upper Clam Bay facing south and easily legible to boaters entering Upper Clam Bay; and, One within the upper reaches of Outer Clam Bay facing southeast and easily legible to boaters leaving Seagate. 6. To protect the submerged natural resources (seagrasses and oyster beds) adjacent to the channels to be dredged, weighted turbidity screens that extend to the bottom of the waterbodv shall be installed between the natural resource and the dredge to effectively isolate thc natural' resource from the active dredge and prevent adverse impacts to the natural resource via suspended panicle settlement. The turbidity screens will only need to be placed on the down current side between the natural resource and the dredge to assist the contractor in identifying the significant natural resource areas and to protect the natural resources from the dredge and temporarily elevated turbidity levels. 7. A minimal amount of trimming and removal of mangroves will be needed to conduct the authorized activities in the smaller interior channels. These activities are to be supervised by the Department approved wetlands scientist described in Specific Condition I above. To ensure that the biological health and productivity of the mangroves are not adversely impacted to a significant extent, the following mangrove trimming procedures must be followed, pursuant to Sections 403.9321-403.9333, Florida Statutes. Only once-per-year trimming of the mangroves needed to conduct the actMties authorized by this permit, and to maintain the canoe trails is allowed; no trimming of mangroves to create or enhance views within tiffs ecosystem is allowed. Prior to trimming or removing any mangroves, the species of the trees must be identified and tagged by a qualified biologist, wetland scientist(s), or botanist and verified by stafffrom the Department's South District Office in Ft. Myers, or the Bureau of Beaches and Coastal Systems in Tallahassee. All trimmed mangrove parts greater than one inch in diameter shall be removed and composted on the uplands to prevent further restriction of tidal flow within the interior channels: Live Man~rove Trimming Procedures Maximum Diameter- No white mangrove tree with a single trunk diameter greater than twelve inches dbh (diameter at breast height= the diameter of the tree at 4.5 feet above the substrate) may be top trimmed. No black mangrove tree with a single trunk" ~' diameter greater than eight inches dbh may be top trimmed. No red mangrove tree with a single trunk diameter greater than one inch may be top trimmed. Top Trimming- White and black mangrove trees within the specified trunk diameters may be trimmed to a height of four feet above substrate. The limit oftop trimming for red mangroves within the specified trunk diameters is 6 linear feet above the substrate. Top trimming shall not occur from May I through September 30. No more than half of the canopy of the tree shall be trimmed. No white and black mangrove trees less than 4 linear feet in height shall be trimmed. No red mangroves less than 6 linear feet in height shall be trimmed. Removal of Lateral Branches- For white and black mangrove trees, lateral branches originating between four and fifteen feet above the substrate may be removed from a trunk of any dbh. For red mangroves, up to filly percent of the lateral branches originating between six and fifteen feet above the substrate may be removed. In multiple trunk trees, the trunk having the greatest dbh is designated as the primary trunk: others are designated as lateral branches. General Prohibitions- No herbicides or chemicals may be used to alter mangroves. No burning may be used to alter mangroves. No deliberate damage to prop roots, pneumatophores, and regular roots. No cutting of any mangrove that serves as breeding, nesting, or roosting area for colonial water birds; or is used by endangered species, threatened species, and species of special concern for breeding, or which is routinely used, by endangered species, threatened species, or species of special concern, as listed in Rule 19-27, F.A.C., and 50 CFR 17.11-12; or contains a nest or nests of protected solitary nesting birds as defined in Rule 39-12.002 or 39-27.002, F.A.C., except where a permit has been issued by the Florida Game and Fresh Water Fish Commission, or, where appropriate, the U.S. Fish and Wildlife Service, to remove the nest or nests. Page 12 .Dead ,Man~rove Trimmin~z or Removal Procedure.~ Due to the large numbers ofdead mangroves within certain areas of this ecosystem, up to 50% of the dead trees may be removed within the areas of massive die-offs to facilitate recolonization by mangroves. For public safety, all dead mangroves within 20 feet ofthe existing paved roads may be removed. Prior to removing any dead mangroves, the trees shall be inspected and tagged for removal by the approved wetland scientist(s). Prior to their removal, these tagged trees shall be approved for removal by staff from the Department's South District Office in Ft. Myers, or from the Bureau of Beaches and Coastal Systems in Ta/lahassee. The larger, sturdier dead trees suitable for roosting and nesting shall remain. Dead mangroves approved for removal shall be removed at the substrate level with care not to damage or disturb surrounding, living vegetation. The removed dead trees shall be compostcd or disposed on thc uplands to prevent further restrictions of tidal flow within the interior channels. 8. As part ofthe restoration and long-term management of'this ecosystem, activities shall be conducted to remove the nuisance exotic vegetation (including Australian pine and Brazilian pepper) within the Clam Bay Natural Resource Protection Area. These activities shall be conducted with the goal in mind to remove all nuisance exotic vegetation from the area with the actual percentage of nuisance exotic vegetation not exceeding I% of the total vegetated area. When removing the nuisance exotic vegetation, care shall be taken to not harm the surrounding native vegetation. Mechanical removal should remove as much of the roots of the exotic as possible followed by hand removal, or chemical treatment of any suckers. If chemical treatment is used, only environmentally safe chemicals, such as garlon and roundup, shall be used with special care taken to not spill/spray any in or on the water or native vegetation. 9. Within seven days of completion ofthe authorized activities (including the mangrove alterations, interior channel excavations, and removal of nuisance exotic vegetation) throughout the Clam Bay ecosystem, the contracted crews shall return to each work area and remove the trimmed branches and trees (dead trees approved for removal) greater than I inch in diameter to appropriate upland locations. The crews shall also re,grade any spoil pile or berm that may have been created as part of the excavation work, such that there is no impediment to sheet flow and no created uplands as a result of the project. l 0. Small charge explosives may be used to restore tidal flow in the interior channels where the use of mechanized and hand-held equipment is not feasible. The areas designated for the use of explosives shall be marked by the wetland scientist(s) and these marked areas shall be approved by Department staffprior to the use of the explosives. The explosives shall be carefully placed and detonated only in areas where their use will have minimal adverse impacts to significant natural resources. A Florida licensed explosives expert shall install and detonate all explosives associated with the project. 11. To develop a data set to understand the impact of£reshwater discharge into the Clam Bay ecosystem from the developed uplands, the permittee shall submit detailed plans for the following primary, studies within 120 days following permit issuance to the Department for approval. These studies are designed to identify existing water sources and water needs, and propose feasible methods to meet these water needs while concurrently reducing water discharges into the Clam Bay ecosystem (see the Clam Bay Restoration and Management Plan for the details and specifics of each study): ,Study I- Vegetation Analysis/Irrigation Requirements; Study 2- Retarding Upland Water Flows into Clam Bay; ud 3- Re u 'n Flowfr mPerim terBe Ar at lamBa ; Study 4- Groundwater Fl0ws; S ud 5- tilization f t rmwat r Maria en k as urce for lrri,ation; and, any additional studies that may be needed to generate the information required to fully understand the impact of freshwater discharge into the Clam Bay ecosystem from the developed uplands. Page 13 The study plans shall include detailed descriptions and maps, activities to be conducted, methods, and qualified personnel involved for each s~dy. The permittee shall be~in implementation of the Department approved studies within 180 days followinl~ permit issuance. 12. The permittce shall conduct the studies required by Specific Condition No. I I for up to three years following permit issuance. However, ifthe data generated from the studies suggest that additional data gathering will not materially aid the permittee and the Department in understanding the impact of freshwater discharge into the Clam Bay ecosystem, the permittee may request the Department for authorization to terminate one or more ofthe studies and proceed to the analysis and recommendation phase as described in the CBI~MP and this condition. Following this study period, the permittee shall analyze the data gathered, formulate recommendations based on the data, and to the ex'tent suggested by the data, design a plan to reduce water discharges into the Clam Bay ecosystem from the developed uplands ("Upland Water Discharge Reduction Plan" or UWDRP). Ifa UWDRP is required as a result oran analysis ofthe data by the permittee and the Department, then the permittee will submit to the Department's Bureau of Beaches and Coastal Systems in Tallahassee and the Department's South District Office in Ft. Myers the UWDRP for approval. Once the UWDRP is approved by the Department, the permittee shall implement the UWDRP as provided for therein, but in no event later than five years following permit issuance unless a modification or waiver ofthat time frame is agreed to by the permittee and the Department. The implemented activities to reduce upland discharge of water shall be monitored in accordance with the terms of the UWDRP following completion oftheir implementation. It is anticipated that all activities described here and in Section 4.5.4 of the CBRMP will be completed within the ten (10) year permit term, but nothing will preclude the Department with the consent of the permittee, from extending the time for implementation ofanv portion of the LRVDRP if the interest ofthe ecology of the system would be improved by doing so. The permittee will, as suggested in the CBRMP, implement in connection with this permit a program ofcommunity involvement to help ensure the maximum amount of community participation possible should the studies described in the CBRMP, and required here, suggest the need for one or more UWDRPs. In this context, the Department recognizes that the decision to require one or more UWDRPs will be dependent on the outcome of the studies described in the CBRMP and required here. The following time-table summarizes the anticipated schedule for the activities associated with the studies required above: ACTIVITY Submit detailed plans of each primary stud.,,, SCHEDULE Within 120 days from permit issuance to the Department for approval. Begin implementation of the approved primary studies. (anticipated to be October 22, 1998). Within 180 days from permit issuance (anticipated to be December 22, 1998). Page 14 · Conduct the primary studies and gather data. Develop as required by the data one or more "Upland Water Discharge Reduction Plan" based upon results/ recommendations of primary studies and submit to Department for approval. Implementation and monitoring of the "Upland Water Discharge Reduction Plan". 6. Submission of monitoring report for the "Upland Water Discharge Reduction Plan" that includes any noted modifications or corrective actions needed. 7 For up to 3 years following permit issuance (anticipated to be July 22, 2001). 'UWDRPs shall be submitted by April 22, 2003, to the FDEP and will be implemented in accordance with their terms. To be completed within the permit term. To be submitted in accordance with the term of the LFWDRPs. 13. The perm/tree shall conduct the studies, gather the information, and submit the reports stipulated in the "Monitoring Required" section of this permit. If the monitoring reveals adverse impacts have occurred as a result of conducting the authorized activities, the permittee shall cooperate with the Department to develop and implement such remediagconfigency plans as may be desirable to effectuate the purposes oftNs permit. The Permittee shall not be liable for damages or costs resulting from adverse impacts to the ecosystem unless those adverse impacts are a direct and prox/mate result of the intentional or negligent act(s) of the Permittee in the implementation of the activities authorized by the permit. MONITORING REQUIRED: I. Water Quality Monitoring Turbidity monitoring during dredging and discharge, and as necessary prior to the removal of turbidity control devices. A. Dredge Site Frequency: Location: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. ~: At least 200 meters upstream of the project site outside of any visible turbidity plume, at mid-depth. Compliance: Downstream of the turbidity curtains which separate the dredge from the natural resources on the resource side of the curtains. When the natural resources are more than 150 meters downcurrent ofthe dredge, the compliance zone shall be no more than 150 meters downcurrent of the dredge within the densest portion of any visible turbidity plume, at mid-depth. B. Disposal Sites Frequency: Twice daily, at least four hours apart, beginning at least two hours after dredging begins and continuing during the dredging activities. Location: Background: At least 200 meters upstream of the project site (in the nearshore zone of the Gulf of Mexico) outside of any visible turbidity plume, at mid-depth. (~ompliance: At no more than 1,000 meters downstream of the discharge point in the intertidal zone (between the mean high and mean Iow water lines) and 61 meters (200 feet) offshore (from the mean low water line), within the densest portion of any v/sible turbidity plume, at mid-depth. All monitoring data shall be submitted w/thin one week ofanalysis with documents containing the following information: (I) permit number; (2) dates ofsampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations; and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy ofthe data. Monitoring reports shall also include the follow/ng information for each sample that is taken: (a) (b) (c) (d) (e) time of day samples taken; tidal stage and direction of flow depth of water body; depth of sample; and antecedent weather conditions. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance sites greater than 29 NTUs above background turbidity levels at the corresponding background sites, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to the Department's office in Ft. Myers. Monitoring reports shall be submitted to the Department's office in Tallahassee and to the South District Office in Ft. Myers. Failure to submit reports in a timely manner constitutes grounds for Page 161 Page 17 revocation of the permit. When submitting this information to the Department, please clearly include, at the top of each page or as a cover page to the submittal: "This information being provided in partial fulfillment of the monitoring requirements in Permit No. 0128463-001-JC (Previously 113049919)." ::., Hydrographic Monitoring To generate the data needed to adequately assess the potential impacts of opening up the restricted channels of the interconnected waterways as authorized by this permit, the hydrographic monitoring program shall include the following: Topographic surveys of Clam Pass and surrounding 500 feet zone. The surveys shall be conducted immediately prior to and following completion of the authorized excavation. Additional surveys of Clam Pass shall be required as often as the permittee seeks to conduct maintenance excavation within Clam Pass or the main channel excavated pursuant to this permit and identified in the CBRMP as Cuts 4A, 4B, 4C, and 4D. In such circumstances, the survey produced shall meet the standards set forth in paragraph "B" below. 18 Within seven (7) days of completion of the authorized excavation of the interior channels, and thereafter as frequently as may be required for the duration of the permit, the enhanced interior channels shall be surveyed at a minimum of I00 feet cross-sections to ensure that the desired elevations have been attained. It is anticipated that these surveys will be initiated as and when it appears to the Perrnittee and its wetland scientist(s) that maintenance excavation of these channels may be required to maintain the integrity of the system. A copy of the survey, certified by a registered land surveyor, shall be submitted to the Department as a part ora request for authority to conduct maintenance excavation pursuant to Specific Condition l.(g) above, or ifthe survey reveals no present need for additional excavation, it will nonetheless be submitted to the Department as additional data_ within thirty (30) days of completion of the excavation. Any survey submitted pursuant to this section shall contain a note, based upon the surveyor's examination of the excavated area which indicates whether the surveyed cross-sections reasonably reflect the site conditions for the entire area excavated. The permittee shall submit an engineering report and survey maps summarizing the monitoring data and project performance to the Bureau within 90 days ofcompletion of each survey The report shall include an analysis of the sediment characteristics of Clam Pass and an~ changes observed in the pass, identify erosion and accretion patterns along the pass and adjacent beaches, and identify any adverse impacts which would be attributable to the activities authorized by this permit. If survey data of the pass is submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format and the data shall be arranged according to the FDEP/DBS specifications so as to include all ofthe information required by the FDEP/DBS specifications. Monitoring stations shall be established at representative sites (as shown on the permit I I drawings as reflected in the CBRMP) throughout Upper, Inner, and Outer Clam Bay to record the following hydrological parameters: time of day samples taken; water temperature (0C and OF); depth of water body; depth of sample; antecedent weather conditions; water quality, including salinity., silicates, nitrites, total organic carbon, chlorophyll, phaeophytin, pH, conductivity, dissolved oxygen, total phosphorus, nitrate, nitrate ammonia, total kjeldahl nitrogen, and total dissolved solids; sedimentation levels; rainfall; tidal stage and direction of flow; other influential flows, such as groundwater and stormwater flows; wind direction and velocity; and, identification of the sample location which corresponds to the number shown on sampling location maps. These analyses shall be made immediately prior to and following construction, and monthly thereafter, with the exception of the water quality analysis (number 6 above), which may be conducted on a quarterly basis. Staffgages shall be installed at these stations in order to measure the relative tide range at each nation. In order to measure the effect of the dredging on the tidal range, one station should be located adjacent to or within the degraded mangrove area. This station should be equipped with a tide gage capable of continuous readings of tide stage. The monitoring required by this section (e.) will provide valuable data concerning the effects the restoration project is expected to have on the hydrology of the Clam Bay ecosystem. This information is crucial for future management decisions for this important natural resource, theref6re, this monitoring shall continue for the life of the permit. The data collected from this monitoring shall be listed, analyzed, and submitted to the Department in annual Hydrographic Monitoring Reports. 3. Biological Monitoring As required in Specific Condition l.b), at least 30 days prior to commencement of construction, the permittee shall provide a "Proposed Scope of Work (PSOVO" from the Department approved wetland scientist(s), or from another qualified environmental organb'~tion with experience conducting research on Florida's ecosystems. The PSOW will include a list of scientifically accepted methods that will be conducted, and when, and by whom, to adequately assess the Clam Bay ecosystem (with a primary focus on the mangrove and seagrass communities) before and ~er the activities authorized by this permit are conducted. The PSOW shall include the following information plus any additional information or scientific methods deemed appropriate by the contracted scientists: Flight-dated aerial photography of the Clam Bay ecosystem before and ader the activities 8 '' :~ : Page 8 year and sub~tted to the Department annu~y £or the duration o£the pe~:. ~e aeMals must be color, venk~ aeM~ photo~aphs, ~nt~ollcd ~d r~cd at a sclc app~opMatc for post-production distillation ~d a sc~e ~cient to delineam d~eMng habitat zones and dominant species ~thin ~ch zone. ~e fli~t line Sh~l include ~1 of the Clm Bay Natur~ Resource Protection Mea ~d the ne~shore zone to at least 400 feet offshore (from the me~ N~ water line). As concu~ently as possible ~th t~ng the ae~ Ph°;;gra~'hs, ~ound-tmthing a~ivities shall be conducted in ~e~ ofspeci~ ~ncern ~tNn the Clam Bay ecosystem, including ~eas of~despread dead ~d d~ng m~oves, I~er, Upper, ~d Outer CI~ Bays, the ~eas receMng water disch~ges ~om the upl~ds, ~d ~e~ conti~ous Mth the main pass. The ~ound-tmtNng actMties sh~l include the use of the latest accepted scientific methods to sumey the types of habitats of concern x~tNn the Clm Bay ecosystem, including m~grove ~d seagrass dominated habitats. ~ese sumeys sh~l include a listing of species present, percent coverages by species, size r~ges ~d averages, ~d overall he, tN biolo~c~ trends for each fixed quadrat, trisect, or plot studied.. These su~eys and ~y ~sociated draMngW mapping sh~l be conducted prior to conducting the dredging activities ~d once ~ch y~ (in July) ther~er for the life ofthe pe~t. ,~nual biolo~c~ moNtofing reports (B~) sh~l be sub~tted begi~ing one year following pemit ism~ce. The first ~u~ B~ sh~l contort the time-zero conditions of the Cfm Bay ecosystem e~sting prior to co~encement ofthe pe~tted actMties ad a progress repoa of the actMties conducted since pe~t issu~ce. ~ere~er, tach BN~ sh~l contort a pro~ess repoa of the amMties completed since the pr~ous BMR ~d ~1 the data collected pursuit to a. ~d b. above. Each B~ sh~I include ~aphic~ representation ~d overlays of the collected data on computer gen~at~ drax~Sngs of the aerials, and ~ound-level color p~oramic photos ofmch study ~ea at f~ed stations. The ~nu~ BN~ sh~l ~so cont~n ~ ~ysis of the collected ~ta ~d m~e conclusions and recommendations concerning the impacts the pe~tt~ actMties have had on the Clam Bay ecosystem based on the ~alysis of the data coII~ted, including the biological monitoring data, the hydrograpNc moNtofing data, ~d the water quality monitoring data. MONITORING SUMMARY: Turbidity monitoring during construction; hydrographic/water quality monitoring of Clam Pass, the interior waterbodies, the adjacent beaches, and the Seagate culverts; biological monitoring associated with marine turtle and manatee protection; and, long-term biological monitoring of the Clam Bay ecosystem via fixed vegetative and benthic surveys. COMPLIANCE TRACKING SUMMARY: .. - Commencement of Activity Notice- Due at least 48 hours prior to commencement of activity, per General Condition 9. - Project Completion and Certification - Due within 30 days following subsequent dredging events from a Florida registered engineer, per General Condition 11. - Preconstruction Conference- At least 10 days prior to commencement ofactivity, per Specific Condition l.d). - Marine Turtle Monitoring ,Reports- Reports due annually that include compaction measurements, escarpment survey results, and daily survey results, per Specific Condition - Written Dredging Requests- At least 45 days prior to each event per Specific Condition l.g). - Mangrove Tagging Verification by Departmenl Stag- Must be done prior to trimming or removing any mangroves, per Specific Condition 7.:i . - Study Plans- Due within 120 days follOwing perrnit issU~ce, per Specific Condition 11. - Upland Water Discharge Reduction Plan- Due within 3 years following permit issuance, per Specific Condition 12. ::: - Turbidity Monitoring Reports- To be conducted twice daily during construction and submitted weekly, per Monitoring Required sectionJl ' 'i - Water Quality Monitoring Reports- Due annually, perMonitofing Required section. - Hydrographic Monitoring Reports- Due annually, per Monitoring Required section. - Biological Monitoring Reports- Due annually, per Monitoring Required section. AGENCY COMMENTS: Florida Department 0f¢ommuni.tY Affair,,;- May 23, 1997- No objections. Florida Department of State- Division 0fHistorical Rescurceg. June 23, 1997- Provided specific conditions to protect potentially historic sites 8CR476, 8CR$47, and 8CR576. .City of'Naples- July 8, 1997- Supports the project. PARTIES REQUESTING NOTICE: Mangrove Action Group, Inc. Save the Bays Association, Inc, The Conservanc?,_, of S0uthwel;t Flgrida Executed in Tallahassee, Florida. STATE OF FLORiDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Kirby B. Green Deputy Secretary,. ATTACHMENT, MANATEE D~ CONDITIONS 8 STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS FOR AQUATIC-RELATED ACTIVITIES Thc pcrmittee/grantee/lessee shall ensure that: The contractor instructs all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s), and shall implement appropriate precautions to ensure protection of the manatee(s). ' All construction personnel are advised that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The permittee and/or contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. .Prior_ to commencement of construction, the prime contractor involved in the construction activities shall construct and display at least two temporary signs (placard) concerning manalees. For all vessels, a temporary sign (at least 8 1/2' x 1 i") reading 'Manatee Itabimt/Idle Speed In Construction Area' will be placed in a prominent location visible to employees operating the vessels. In the absence of a vessel, a temporary sign (at least 2' x 2') reading 'Warning: Manatee Habitat' will be posted in a Iocation prominently visible to land based, water-related construction crews. 2.. A second temporary sign (at least 8 1/2' x 11") reading 'Warning, Manatee llabitat: Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL-FMP' will be located prominently adjacent to the displayed issued construction permit. Temporary notices are to be removed by the permittee upon completion of construction. Siltation barriers are properly secured so that ~nanatees cannot become entangled, and are monitored at least daily to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. o All vessels associated with the project operate at 'idle speed/no wake' at all times while in the construction area and while in waters ,,,,'here the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS (continued) If manatees are seen within 100 yards of the active daily construction/dredging operation, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. o Any collision with and/or injury to a manatee shall be reported immediately to thi: Florida Marine Patrol (IoS00-DIALFMP) and to the Florida Department of Protection. Office of Protected Species Management at (904)922-4330. The contractor maintains a log detailing sightings,: collisions, or injuries to manatees should they occur during the contract period. A report summarizing incidents and sightings shall be submitted to the Florida DepartmentO£ Protection, Office of Protected Species Management, Mail Station 245, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 and to the U.S. Fish and Wildlife Service, 3100 University Boulevard, Jac'k.sonville, FL 32216. This report must be submitted annually or following the completion of the project if the contract period is less than a year.