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Agenda 08/26/2025 Item #16F12 (Reimburseemnt to Naples Marina Holdings, LLC for impact fees paif in association w/permit #PRMAR20250413667 for the installation of 73 marina docks)8/26/2025 Item # 16.F.12 ID# 2025-2733 Executive Summary Recommendation to approve a reimbursement in the amount of $189,913.88 to Naples Marina Holdings, LLC, for impact fees paid under Permit No. PRMAR20250413667, which were assessed in error. OBJECTIVE: To authorize a reimbursement of $189,913.88 to Naples Marina Holdings, LLC for impact fees paid in association with Permit No. PRMAR20250413667, issued for the installation of 73 marina docks on Folio #68567000051. CONSIDERATIONS: Impact fees were collected under Permit No. PRMAR20250413667 for the installation of 73 marina docks on Folio #68567000051. However, the docks under this permit were previously constructed and permitted # SDPI-2002-AR-2746, and the current project did not result in a net increase in capacity from this previously approved project. In accordance with Section 74-201(c)(4) of the Collier County Code of Laws and Ordinances, otherwise known as the Collier County Consolidated Impact Fee Ordinance, which states that “impact fees will be assessed only for the net increase in square footage, number of unit(s), intensification of land use, or any other change resulting in increased available capacity.” In this case, the structures replaced were previously constructed and permitted, and did not result in an increase from the existing capacity. Reimbursement in the amount of $189,913.88 has been requested as follows: FEE DESCRIPTION ACCOUNT STRING AMOUNT EMS 3030-140470-324208-31350.1 $1,088.43 Government Bldgs. 3034-122231-324208-31390.1 $7,220.43 Jail 3032-110430-324208-31381.1 $3,825.93 Law Enforcement 3033-110433-324208-31385.1 $4,331.09 Road 3091-163653-324208-31333.1 $173,448.00 TOTAL TO BE REIMBURSED: $189,913.88 This remittance is consistent with the provisions of the Impact Fee Ordinance and avoids the improper application of fees. Although the County typically issues credits in similar circumstances, allowing the credits to be applied to other permits or components within the same project, this development involves separate and distinct commercial and residential portions for the project. Therefore, reimbursement has been requested and is recommended for this project. FISCAL IMPACT: There is no fiscal impact as the impact fees were assessed in error. The reimbursement will be issued from the respective impact fee trust funds in the total amount of $189,913.88. GROWTH MANAGEMENT IMPACT: This reimbursement request aligns with growth management policy, as no new capacity was created and the fees were not applicable under the impact fee ordinance. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for approval. -JAK RECOMMENDATIONS: To approve a reimbursement in the amount of $189,913.88 to Naples Marina Holdings, LLC, for impact fees paid on permit number PRMAR20250413667, Marina Docks for Folio #68567000051, which were assessed in error. PREPARED BY: Gino Santabarbara, Impact Fee Manager Page 4170 of 4682 8/26/2025 Item # 16.F.12 ID# 2025-2733 ATTACHMENTS: 1. Paid Receipt - 6.10.25 2. 2002 DEP permit (for 107 to 137 expansion) 3. 2015 Davis Blvd Marina - Memo Page 4171 of 4682 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:20251327668 Transaction Number:2025-052605 Date Paid:06/10/2025 Amount Due:$189,913.88 Payment Details:Payment Method Amount Paid Check Number ACH $189,913.88 4331431706 Amount Paid:$189,913.88 Change / Overage:$0.00 Contact:Naples Marina Holdings LLC 801 E Venice Ave Venice, FL 34285 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Impact Fee: Marina EMS PRMAR20250413667 $1,088.43 $1,088.43 350-140470-324208-31350.1 Impact Fee: Marina Government Buildings PRMAR20250413667 $7,220.43 $7,220.43 390-122231-324208-31390.1 Impact Fee: Marina Jail PRMAR20250413667 $3,825.93 $3,825.93 381-110430-324208-31381.1 Impact Fee: Marina Law Enforcement PRMAR20250413667 $4,331.09 $4,331.09 385-110433-324208-31385.1 Impact Fee: Marina ROAD PRMAR20250413667 $173,448.00 $173,448.0 0 333-163653-324208-31333.1 Cashier Name:cvmanager Batch Number:14123 Entered By: JonathanThomas Page 4172 of 4682 Department of F I L E Environmental Protection South District P.O . Box 2549 Jeb Bush Governor Fort Myers, Florida 33902·2549 SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVI RONMENTAL RESOURCE PERMIT CERTIFIED MAIL NO. 700 1 2510000767099303 RETURN RECEIPT REQUESTED PERMI TTEE/A UTHORIZED ENTITY: P hi I 0' Conner c/o Todd Turrell Turrell & Associates, In c. 3584 Exchange Avenue, Suite B Naples, FL 34104 Permit/Authorization Number: 11-0173190-001 Date ofIssue: January 29, 2002 Expi ration Date of Construction Ph ase: January 29,2007 County: Co lli er Dav id 8. Struhs Secretary Project: to expand an ex isting commercial docking facility This permit is issued under th e authority of Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). The activity is not exemp t from the requirement to obtain an Environmental Resource Penn it. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62·l13, F.A.C., th e D epartm ent is responsible for reviewing and taking final agency action o n this activity. This pennit also constitute s a finding of consistency with Florida's Coastal Zone Management P rogra m, as required by Section 307 of the Coastal Management Act. The Slate of Florida h erein notifies the U.S. Army Corps of Engineers and any other int erested parties th at th is pennit is issued under the "net improvement" provision of Section 373.414(1 )(b)3, Florida Statutes, and does not cons titut e a Federal Water Certifica tion . The Tit le and Land Records Section, D epartment of Environmental Protection, has reviewed the location of the proposed project as described in the above referenced application and h as "Morc PrOlect ion. Less Process" Prinled 011 rtr:yde4 pD~'. Page 4173 of 4682 Pennittee: Phil 0 ' Conner Pennit No. 11-0173190-001 Page 2 of 19 determined that the project, as described, does not involve the use of sovereign submerged lands. Accordingly, no further authorization will be required from the Submerged Lands and Environmental Resources Program, designated agent to the Board of Trustees ofthe Internal Improvement Trust Fund, pursuant to Chapter 253.77, F.S. This permit constitutes a determination, pursuant to Section 380.0651(3)(e), F.S., that the facility is located so that it will not adversely impact Outstanding Florida Waters or Class II waters, and will not contribute to boat traffic in a manner that will adversely impact the manatee. A copy of this authorization also has been sent to the U.S. Anny Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by the USACOE. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. The above named Permittee is hereby authorized to construct the work shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached 19 General and 31 Specific Conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the workis conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit 'and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/certification! authorization, as specifically described below. ACTIVITY DESCRIPTION: The project is to expand an existing 107-slip docking facility resulting in an increase of 30 wetslips. The project will consist of four phases (Phases I-IV). Phase I will consist of the placement of a 5'-wide by 416'-long floating access walkway with three T -shaped finger piers, one L-shaped finger pier, and one 4'-wide by 20'-long finger pier for a total of 4,497 square feet of over water structure. Phase I shall also consist of placing five extensions on existing floating finger piers ranging from 17' to 30' and implementing improvements of the site drainage plan. Phase II shall consist of dredging of the canal and boat basin those sediments which are enriched and/or contaminated. Phase III shall consist of replacing the existing seawall and installing a Page 4174 of 4682 Permittee: Phil 0' Conner Permit No. 11-0173190-001 Page 3 of 18 filtration trench to collect stonnwater runoff. Phase IV shall consist of replacing the existing boathouse located in the boat basin to utilize non-CCA leaching materials and to elevate the roof to allow increased light penetration. ACTIVITY LOCATION: An artificial canal system adjacent to Rocky Creek, Collier County, Section 02, Township 50 South, Range 25 East, Class III Waters. GENERAL CONDITIONS: 1. All activities authorized by this pennit shall be implemented as set forth in the plans, specifications and perfonnance criteria as approved by this pennit. Any deviation from the pennitted activity and the conditions for undertaking that activity shall constitute a violation of this pennit and a violation of Part Four of Chapter 373, Florida Statutes (F.S.). 2. This pennit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the pennitted activity. The complete pennit shall be available for review at the work site upon request by the Department staff. The pennittee shall require the contractor to review the complete pennit prior to commencement of the activity authorized by this pennit. 3. Activities approved by this pennit shall be conducted in a manner which does not cause violations of state water quality standards. The pennittee shall implement best management practices for erosion and pollution control to prevent violations of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and pennanent control measures shall be completed within seven (7) days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the pennitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter Six ofthe Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the pennit. Thereafter the pennittee shall be responsible for the removal of the barriers. The pennittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The pennittee shall notify the Department ofthe anticipated construction start date within thirty (30) days of the date that this pennit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this pennit, the pennittee shall submit to the Department an "Environmental Resource Pennit Construction Commencement" notice (Fonn Page 4175 of 4682 Permittee: Phil 0' Conner Permit No. 11-0173190-001 Page 4 of19 No. 62-343.900(3), Florida Administrative Code (F.A.C.)) indicating the actual start date and expected completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. 6. Within thirty (30) days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The Statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations note. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase ofthis permit shall not become effective: until the permittee has complied with the requirements of condition number six (6) above, has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62-343.900(7), F.A.C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 ofthe Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District--August 1995, accepts responsibility for operation and maintenance ofthe system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase ofthe permit becomes effective. Following inspection and approval ofthe permitted system by the Department, the permittee shall initiate transfer of permit to the approved responsible operation entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(l)(d), F.A.C., the permittee shall be liable for compliance with the terms ofthe permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation ofthe permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must by completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and Page 4176 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 5 of 19 maintenance of the phase or portion of the system to a local government or other responsible entity. . 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along witH any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District--August 1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents concerning the establishment and authority of the operation entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor. does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorization from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 13. The permittee is advised that the rules ofthe South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 40E-20.302(4), F.A.C., also known as the "No Notice" rule. Page 4177 of 4682 Pennittee: PhilO' Conner PennitNo.ll-0173190-001 Page 6 of 19 14. The pennittee shall h0ld and save the Department hannless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by this pennit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this pennit or a fonnal detennination under Section 373.421 (2). F.S., provides otherwise. 16. The pennittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a pennitted system or the real property on which the pennitted system is located. All transfers of ownership or transfers of a pennit are subject to the requirements of Section 62-343.130, F.A.C. The pennittee transferring the pennit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the pennittee, Department authorized staff with proper identification shall have pennission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the pennittee shall immediately notify the appropriate Department office. 19. The pennittee shall immediately notify the Department in writing of any previously submitted infonnation that is later discovered to be inaccurate. SPECIFIC CONDITIONS': 1. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the pennittee shall submit to the Department's Fort Myers District office, P. O. Box 2549, Fort Myers, FL 33902-2549 within 72 hours of construction completion an "Environmental Resource Pennit Construction Commencement" notice (Fonn No. 62- 343.900(3), Florida Administrative Code (F.A.C.» indicating the actual start date and expected completion date. 2. The pennittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the operation of the pennitted activity. 3. Facilities other than those stated herein shall not be constructed without an approved modification of this pennit. Page 4178 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 7 of 19 4. The pennittee shall submit the following infonnation prior to commencement of any activity authorized by this pennit: 1) estimate the time needed to reduce an initial concentration of a hypothetical conservati ve pollutant to ten percent (10%) of initial. Consider that the pollutant is placed at a point in the waterway farthest from the mouth; 2) cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, of the project area; and 3) a detailed and specific description of the mean tide range amplitude and periodicity, flow amplitude at mid-tide for ebb and flood within the basin and at a location ofthe entrance to the basin. 5. The Department-approved Binding Agreement (enclosed) shall be recorded in the Public Records of Collier County within thirty (30) days from the date of issuance of Penn it No. 11- 0173190-001 and prior to the commencement of any construction authorized herein, with a copy ofthe fully executed document forwarded to the Department's South District office, P. O. Box 2549, Fort Myers, Florida 33902-2549 within five (5) days of recording. Exhibit "A" shall be recorded with the Binding Agreement. 6. If a conflict occurs between the Specific Conditions of this pennit and the drawings . attached to this pennit, the Specific Conditions will prevail. Construction 7. The pennittee shall comply with the following manatee protection construction conditions: a. The pennittee shall instruct 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 manatees. b. The pennittee shall advise all construction personnel that there are civil and criminal penalties for hanning, 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. c. entangled, entrapment. Siltation barriers shall be made of material in which manatees cannot become shall be properly secured, and shall be regularly monitored to avoid manatee Barriers must not block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idle speeds at all times while in the construction area and while in water where 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. Page 4179 of 4682 Pennittee: PhilO' Conner PennitNo.11-0173190-001 Page 8 of 19 e. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautioqs shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition. f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1-888-404-FWCC (1-888-404-3922). 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 in Vero Beach (1-561-562-3909) for South Florida. g. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least three feet by four feet which reads "Caution: Manatee Area" shall be posted in a location prominently visible to water related construction crews. A second sign shall be posted if vessels are associated with the construction and shall be placed visible to the vessel operator. The second sign shall be at least 8 112 inches by 11 inches and read: Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC (1-888-404-3922). The u.s. Fish and Wildlife Service should also be contacted in Jacksonville (1- 904-232-2580) for North Florida or in Vero Beach (1-561-562-3909) for South Florida. . Specific information on obtaining these signs may be obtained by contacting the Department or FWC at (850) 922-4330. 8. The permittee shall install and maintain a manatee informational display at a location (or locations) acceptable to the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management. The display shall inform boaters using the facility of the habitat and mannerisms of manatees and potential threat boats can impose on the continued existence of the endangered manatee. The display shall contain information making operators of vessels moored at this facility aware ofthe danger boats can cause to the endangered manatee when they are operated above slow speed in grass flats or areas shallower than four feet. The permittee shall install and maintain manatee awareness signs at a location (or locations) acceptable to the FFWCC advising boaters to exercise extreme caution because of the presence of manatees in the area. Permittee shall install and display the signs within 30 days prior to completion of construction of the permitted docking facility. Information concerning this Page 4180 of 4682 Pennittee: PhilO' Conner Pennit No. 11-0173190-001 Page 9 of 19 manatee educational program may be obtained from the FFWCC, Bureau of Protected Species Management at the following address: 620 South Meridian Street, Tallahassee, Florida 32399- 1600. The manatee caution sign(s) and manatee informational display(s) shall be maintained and replaced as necessary due to fading or damage for the life of the facility. 9. In order to provide protection to manatees during the operation of this facility, a laminated copy of the "Collier County Manatee Protection Speed Zone" poster shall be installed and maintained to educate boaters on existing manatee protection speed zones in the area. This poster shall be installed prior to the facility opening and beginning operations, shall be replaced in the event it becomes damaged or faded, and shall be maintained for the life of the facility. The location for this poster must be approved by the Bureau of Protected Species Management, Florida Fish and Wildlife Conservation Commission. This poster can be obtained, at cost, from the Bureau of Protected Species Management. 10. Best management practices (primarily turbidity screens) for erosion and turbidity control shall be implemented and maintained at all times during construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Rule 62-302, F.A.C. The Permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges. 11. Prior to the initiation of any work authorized by this permit, floating turbidity screens with weighted skirts that extend to within 1 foot of the bottom shall be placed so as to surround and isolate the active work area(s) from ambient waters. The screens shall be maintained and shall remain in place for the duration of each particular phase of project construction to ensure that turbidity levels outside the construction area do not exceed 29 NTUs above background levels. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily ami maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. 12. All material transfer from surface waters to uplands shall occur at that point noted on Sheet 23 of 24 of the attached Permit drawings. The material will be loaded onto a self- contained, watertight barge. The barge will be surrounded by floating turbidity screens with weighted skirts that extend to within 1 foot of the bottom to isolate the active work area(s) from ambient waters. The screens shall be maintained and shall remain in place for the duration of each particular phase of project construction to ensure that turbidity levels outside the construction area do not exceed 29 NTUs above background levels. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. The material will be transferred into a spoil containment area as noted on Sheet 23 of 24 of the attached Permit drawings, and dewatered as necessary. Spoil material may Page 4181 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 10 of 19 also be offloaded directly into sealed containers for transport to a self-contained upland spoil site, thereby eliminating the need for a spoil handling site on the upland. Best management practices for erosion and turbidity control, including but not limited to the use of staked hay bales and silt screens, shall be used and maintained to surround the active dredge site and that upland dredge spoil holding area as noted on Sheet 23 of 24. The permittee shall be responsible for ensuring that return water from the spoil holding area does not enter adjacent waters of the State. The Permittee is responsible for containing turbidity associated with all work authorized in this permit. 13. All CCA-treated pilings associated with the permitted structure shall be wrapped with impermeable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life ofthe facility. 14. All future authorized replacement pilings for support ofthe docking structures and for boat mooring shall be non-CCA-Ieaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments, the sleeves shall be installed concurrently with the installation ofthe pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life ofthe facility). Operations 15. The Permittee shall ensure that all boat slip users (purchasers/lessors/renters) execute (sign) a Department-approved "Brookside Marina Dockage Lease" (attached). All boat slip users shall be provided a copy of the Department-approved Brookside Marina Dockage Lease at the time the Brookside Marina Dockage Lease is executed. 16. Prior to allowing any vessels to moor in a wet slip at the facility, the permittee shall implement the procedures in the Department-approved Brookside Marina Dockage Lease. The initial Brookside Marina Dockage Lease approved by the Department is attached to this permit. Changes to the Brookside Marina Dockage Lease shall require written approval by the Department prior to implementation of the changes. 17. For the usable life ofthe facility, the permittee shall implement the procedures in the attached Brookside Marina Dockage Lease (or a Department approved modification of the same) that addresses, at a minimum, the following: liveaboards; sewage pumpout facilities; fuel spill containment; boat maintenance; solid waste; and boat slip agreements between the permittee and boat slip renters/lessees/purchasers. Page 4182 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 11 of 19 18. The pennittee shall be equipped to adequately respond to fuel spills at the marina. The pennittee shall accomplish this by: (a) installing, maintaining, and being capable of operating fuel spill equipment; (b) being a member of a fuel spill cooperative; or (c) contracting this responsibility to a fuel spill contractor acceptable to the Department. 19: No liveaboard vessel shall be moored in any boat slip at the docking facility. A liveaboard shall be defined as a vessel docked at the facility that is inhabited by person or persons for any two consecutive days or a total of seven days within a thirty-day period. 20. A dockmaster trained in all phases of marina operations shall be required to be at the docking facility at least during nonnal working hours (8:00 a.m. to 5:00 p.m., seven days per week) after completion of construction and occupancy of the docking facility. 21. Employees of the docking facility shall be trained in the proper use and maintenance of the fuel system. 22. Over-water fish cleaning stations or disposal of fish wastes in the water shall be prohibited for the life ofthe facility. 23. No fuel storage shall be allowed on the docking structures. 24. In-water boat maintenance or repair activities are prohibited for the life of the facility. Specifically prohibited are any discharges or release of oils or greases associated with engine and hydraulic repairs and related metal-based bottom paints associated with hull scraping, cleaning, and painting. Minor repairs and boat maintenance that will not cause or contribute to the release of water pollutants and which are perfonned by owners or qualified marine mechanics are allowed. Net Improvements Phase I 25. Prior to allowing any vessels to moor in the new wet slips at the facility (those slips labeled 12-39 on Sheet 1 of24), the pennittee shall implement the Department-approved improvements to the site drainage plan as noted on Sheets 1 of 24, 6-13 of 24 of the attached pennit drawings. These improvements shall be maintained in good working order for the life of the facility. Phase II 26. Prior to January 29,2004, the pennittee shall sample sediments at the locations indicated on Sheet 1 of 24. The pennittee shall collect triplicate sediment samples. The pennittee shall Page 4183 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 12 of 19 analyze two of the sediment samples for the following parameters using the specified detection limit and archive the third for analysis at the Department's request, ifthe results from the first . two samples conflict. Parameter Sample Detection Limits (mg/kg) Aluminum top 2 cm. 10.0 Copper top 2 cm. 1.0 Lead top 2 cm. 1.0 Zinc top 2 cm. 1.0 Arsenic top 2 em. 1.0 Cadmium top 2 cm. 0.05 Mercury top 2 cm. 0.01 Coprostonal top 2 cm. 0.01 Polycyclic top 2 cm. 0.5 aromatic hydrocarbons, (mg/I) All sediment data should be collected and analyzed using the procedures in the Deepwater Ports Maintenance Dredging and Disposal Manual, DEP, 1984. All sediment testing shall be sufficient to indicate the depth of the contamination/enrichment. Reporting All data shall be submitted with the documents containing the following information: (1) permit application number; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis ofthe samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and (6) documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with DEP. Page 4184 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 13 of 19 . Based on the results of the above testing, the pennittee shall remove/dredge all contaminated! enriched sediments from that area indicated on Sheet 1 of24. The pennittee shall dredge to a depth to reach cleanlnon-contaminated!non-enriched sediment or to a rock strata which ever is less. lithe area dredged exceeds -5 Mean Low Water (MLW), the pennittee shall backfill with clean (free of any deleterious substances) fill material to reach a final elevation of -5 :NIL W. All dredging operations shall be carried out in accordance with Specific Conditions Nos. 7, 10- 12,29, and 30 of this pennit. Prior to January 29,2004, the pennittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902- 2549 a detailed report describing the completed dredging and shall include as-built drawings showing bathymetry ofthe dredged area as indicated on Sheet 1 of 24. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing the entire dredged area prior to any dredging activity, the entire dredged area after any dredging activity with any overdredge areas indicated, and the areas backfilled with clean fill material free of any deleterious substances. The detailed report shall include all sediment data, a description as to the depth of the contamination/enrichment, and a statement as to the source of the fill material. If after January 29 2004, the pennittee does not perfonn the sediment testing and dredging as described above, the pennittee shall remove all structures authorized by this pennit prior to March 29, 2004. Phase III 27. Prior to January 29,2005, the pennittee shall replace the existing seawall surrounding the boathouse basin, as indicated on Sheets 1, 18-20, and 22 of24. The seawall shall be replaced at its existingJocation or upland of or within one-foot waterward of its existing location. A filtration trench shall be constructed according to Sheet 22 of24 ofthe attached pennit drawings. This trench shall be maintained in good working order for the life of the facility. Prior to January 29, 2005, the pennittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902- 2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. If after January 29,2005, the pennittee does not perfonn the seawall replacement and construct the filtration trench as described above, the pennittee shall remove all structures authorized by this pennit prior to March 29, 2005. Page 4185 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 14 of 19 Phase IV 28. Prior to January 29,2007, the permittee shall elevate the existing boathouse roof and replace all existing CCA boathouse pilings as described on Sheets 1, 18-21 of 24. The roof of the boathouse shall be elevated a minimum of 15' above that indicated on Sheets 14-17 of 24. The pilings shall be non-CCA-Ieaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sedirrients, the sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life of the facility). The permittee shall encourage the installation of boat lifts in the boathouse area. Prior to January 29,2007, the permittee shall place a sign in the Marina office, labeled "Dock Bldg" on Sheet 1 of .24, visible to marina patro.ns. This sign shall be of minimum dimensions of 11" X 17" and shall include information citing the benefits that boatlifts provide to the patron and the environment. Prior to January 29,2007, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902- 2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 1/2" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. If after January 29,2007, the permittee does not perform the boathouse roof and piling replacement and sign placement as described above, the permittee shall remove all structures authorized by this permit prior to March 29,2007. Monitoring Requirements 29. During dredging operations the Permittee shall monitor turbidity levels within 5 feet of the active work area once every four hours until project completion. The active work area shall be that area enclosed within the floating turbidity screens. Compliance samples shall be taken within the densest portion of any turbidity plume within 5 feet outside of the turbidity curtains. Ambient samples shall be taken up current at mid-depth and at no time shall the ambient sample within an apparent turbidity plume. Prior to any dredging operations, the Permittee shall submit to the Department a map indicating the ambient sampling locations with all possible sources that may generate turbidity, i.e. storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging completion and contain the following informati on: Page 4186 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 15 of 19 permit number, \ r a) b) c) dates of sampling and analysis, \ a statement describing the methods used in collection, handling, storage, and \\ analysis of the samples, d) e) a map indicating the sampling locations, and a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall also include the following information for each sample taken: a) Time of day sample was taken, b) Depth of water body, c) Depth of sample, d) Antecedent weather conditions, and e) Velocity of water flow. Ifmonitoring reveals turbidity levels at the compliance location that appear to violate the State Water quality standards, 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 South District office, SLERP Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted to the Department's South District office, SLERP Compliance and Enforcement Section, at P.O. Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (941) 332-6969. 30. The following measures shall be taken by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed state water quality standards established pursuant to Rule 62-302, F.Ke.: a. Immediately cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functioning turbidity containment devices. c. Notify the DEP South District office at (941) 332-6975 or by fax at 332-6969 "Attention SLERP Compliance and Enforcement Section" within 24 hours of the time the violation is first detected. 31. The project shall comply with applicable State Water Quality Standards, namely: 62-302.500 -Minimum Criteria for All Waters at All Times and All Places 62-302.510 -Surface Waters: General Criteria Page 4187 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 16 of 19 RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. Ifa sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because an administrative hearing may result in the reversal or substantial modification ofthis action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Under rule 62-110.106(4) ofthe Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension oftime to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension oftime. Requests for extension of time must be filed with the Office of General Counsel ofthe Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension oftime shall toll the running ofthe time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension oftime before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to Page 4188 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 17 of 19 written notice under section 120.60(3) ofthe Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, ifknown; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number ofthe petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice ofthe agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification ofthe agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This permit constitutes an order ofthe Department. Subject to the provisions of paragraph 120.68(7)(a) ofthe Florida Statutes, which may require a remand for an administrative Page 4189 of 4682 Permittee: Phil 0' Conner Permit No. 11-0173190-001 Page 18 of 19 hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. R WCfLB/CAIca Enclosures 8 pages Binding Agreement attached 6 pages ERP Compliance Checklist attached 5 pages ERP forms attached 25 drawings attached Copies furnished to: Executed in Fort Myers, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ·P!1~ Ri:i:rd W. Cantrell Director of District Management U.S. Army Corps of Engineers, Fort Myers Department of Community Affairs Florida Fish and Wildlife Conservation Commission Collier County Property Appraiser Page 4190 of 4682 Permittee: PhilO' Conner Permit No. 11-0173190-001 Page 19 of 19 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk here~rtifies that this pennit, including all copies were mailed before the close of business on /, cP,q. ,2002, to the above listed » persons. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(9), F.S., with the designated Department clerk, ~:LerebY aC~fo~i~ J- Clerk Date Page 4191 of 4682 .-t 0 0 t a f-0-a. ~ .-t 1"'\ !.!.! \. n: f'- t 0 UJ ...... oIl 0 ~ '\ APPROX. SHORELINE ------------~-----~~-==------ SLIP # SLIP SIZE 1-9 15-25' 10-39 30' APPROX. OWNERSHIP PLATfORM WITH WRAPPED LINE CCA PIUNGS AND 4-X2S' GANGWAY lHROUGH AREA CLEARED OF EXOTICS NO MANGROVE IMPACTS 1.. ... / .. /' . ...l PROPOSED DREDGE AREA 6932 C.Y. EXISTING FLOATING DOCK -PROPOSED FLOATING DOCK (663 SQ FT) (:+:+:+:+] I • I PROPOSED FLOATING DOCK (4497 SQ FT) -EXISTING COVERED BOAT SLIPS § CAUTION MANATEE SIGN I·~I MANATEE FACT SIGN 0 CORE SA~PLlNG LOCATIONS FOR CONTAMINATED MATERIALS ..... <.) -5 :J 0 :z: (f) -<t -, n: w 0 w > ~ 0 w 0 U) :>::: 0 I I 0 0:: m , Inc. W*E Marine Ilc Environmental Consulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3584.aol.com S o 50 100 290 BROOKSIDE MARINA 1 _____ ' I I DAVIS BLVD NOTE: THESE DRAWINGS ARE FOR PERMITIING USE ONLY AND MAY NOT BE USED FOR CONSTRUCTION PURPOSES -z" Page 4192 of 4682 -, ~ -... ' . • JI ,.j ,., . .,. -PERf'.t1IT 11:';'" ~ " .. , . ·0 1 7 3 f9 0 ·O~O o F P ~I 1/./, Page 4193 of 4682 .-f a 0 .1, \: 0 f 0--a. : ~ W .. "" t C'-0 l .--I £ 0 ...--l r-t CROSS SECTION A-A EXISllNG FLOATING WHARF U -c: ..... O t') C"-S -- o ? l~J ~ qo ! ',. .. ' I .... ··1 EW CONCRETE PILINGS ON EXTENSION SCALE l·~-O· U OJ ~ z: « '--, .... C €{). Cl.-· UJ, () -6' APPROX. TOP OF ~~ EXISllNG CAP EXISTING NOTE: -THESE DRAWINGS ARE FOR PERMITTING USE ONLY AND MAY NOT BE USED FOR CONSTRUCTION PURPOSES -DATUM: MLW P?-Yl PROPOSED DREDGE AREA (DOWN TO -5MLW) ~"). •••• J'.-............... . ....•.•. " .. ' ...• '- I~~ ,-N ~ '- '~ ~~".:!",~",,,., Turrell & Assocftt,tes, Inc. _''''''":..",_._ .. ,:*~''r Karlne Ii: EDvtromnental 'COJI8UltlDc 35M E:l:chaDae Ave, Suite B, Kaples, n, 33942 Phone: (941) 943-0166 Fu: (941) 943-11832 B-1IAIL: tttuna3584.aoLcom BROOKSIDE MARINA CROSS SECTION A-A DESIGN£!) IT,T.T. RE\'ISIOH DWIl. IWoIE Tcs 1>-/\ DRAWN ISAS SAS 12-12-01 SHEET 13 OF 24 DAlE 107-02-00 SCAU: 11"';-15' JOB NO, 19822 Page 4194 of 4682 r-I 0 0 .:t ~ 0 f-0'" a. ~ r-I rr\ ,,' NOTE: ioL IV J'.-I.i. CJ W .-I a., 0 r-i r-I CROSS SECTION , WIDE FLOATING WHARF / ~' ~~ .. ······,,'~··:/~··:>::.,·:>/<,··><.<."/:.··/..·~.·':,.-'7 EXISTING BOTTOM o w 1.'-1 = c:> () r- .::::J (f) o ....", ~ -s 0-l _c B-B o 7.S lSliJ jO ! ; '.,-, --p SCALE l"=l5.'!.O" « 0;: ----. '4' WIDE FLOATING WHARF PROPOSED DREDGE TO -5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF # SAMPLING SHOWS CONTAMINATED MATERIALS, DREDGE ~ :,c;> WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL x,'P +G"' WILL THEN BE ADDED TO RETURN TO -5' MLW) ~~Q ~~ ............ " ............ L .. ,.:.~:: .. " ....... " .... : ... ~ ..... :,: ....... :, ..... :~ .. ~:.: ... ::::::::: .. :~~:.:::::::::::::~~':~~~~::_:::::::.:::::.'.:~.... . .• ::::::::::: ...... :::::::::.:::::.:::: :~#/ /~~ /~9 ' ... 7~.7/ .. ,?(~ .... //:.:./ ... ~7 ... >':' .. : .. "/ .. 7 .. j .. '.-777// f.' DR~DGE LIMITS -5 MLW ~,.. / L( w o -THESE DRAWINGS ARE FOR PERMITTING USE ONLY AND MAY NOT BE USED FOR CONSTRUCTION PURPOSES -DATUM: MLW P7] PROPOSED DREDGE AREA (DOWN TO -5MLW) '~,!!:~1.'!rn!!mn:'i!:m1!tr Turrell 8c .'" -J:--... ::;:~""" Karine '" Environmental ColmllltIDg 3584 Exchanae Aft. Suite B, lI'aplell, n. 33942 PhoDe: (941) 843-0166 F"", (941) 843-8832 B-1UlL: ttlUDa3684.aol.com BROOKSIDE MARINA CROSS SECTION B-B OESIGIIED IT.T.T. RE\llSION OWG. IWoIE ICS a-a DRAWN ISAS I SAS 12-12-01 ISHEEr 14 OF 24 DATE 07-02-00 SCN..E , •• 'S' JOB NO. 11822 Page 4195 of 4682 APPROX. TOP OF BANK s-f 0 0 ~ 0 f'~ 0--a. _. ......-I NOTE: 1ft. C, t('\ !.lJ tV r-'i,M, Q w ....... CL 0 ...... r-t 1:5 ·c C"'"' ...... a.,...,. C'.I .~ Uf g a >. ('-J :E C-C o 75 15 =-: 30::) ! i '::, I~ SCALE 1·=15·~q· z: CROSS SECTION OJ. <l: . . n:: ~ Q.. . ill " L. • WIDE FLOATING WHARF '4' WIDE FLOATING WHARF { 30' -4'- EXISTING BonOM -THESE DRAWINGS ARE FOR PERMITTING USE ONLY AND MAY NOT BE USED FOR CONSTRUCTION PURPOSES -DATUM: MLW [-::2>-:>1 PROPOSED DREDGE AREA (DOWN TO -5MLW) PROPOSED DREDGE TO -5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPUNG SHOWS CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO --5' MLW) ',' ,4' ., .. ,,':~,:::: :::::::,:::, :-:::::.,::::. ,~::;.r 4' ~9 " .•. ·J.·~ .. · .. ;r~7.···.,,'·.···.···."~.···-",~.··~ .. 7.···/.·",77.'·/" DREDGE UMITS -5' MLW '\ ~. " '~::i""",,,!li!l;:"!lJr Turrell Be Associates, Inc. ." • ..,._ .• ~j>., MarIne " Environmental ConwltIDg 35M E>:clum&e Ave. SuIte B. K .. pl .... n. 331142 Phone: (lUI) 843-0166 Fu: (lUI) 843-8832 E-IIAJL: ttt1llUl35lU ... oLcom BROOKSIDE MARINA CROSS SECTION C-C DESIGNED RE\'ISiOH CS C-C DRAWN SAS '2-'2~' 5 OF 24 DATE 07-02-00 ,"-'5' JOB NO. 9822 Page 4196 of 4682 1 I I I //\::;.r\\ :\ .>{I ') = \/." ... ~1 .. / Nt£A I I I I I I I o , X 23' ACCESS RAMP XISTING WOOD PLATFORM \. " ' • N ~ 'II . IE' . ...:'- <r --, S o 35 50 100 I I ! ~ ~ .... t<. "). If.:.. Itj,.4 1.:" III 0.. NOTE: .-I 0 0 C> CJ" r-I tA. C'- .--I G ,---l r-I Q.. !.L 0 THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ~ Turrell & Marine & Environmental Consulting 3584 Exchange Ave. Suite B. Naplell,--Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3564<5aol.com BROOKSIDE MARINA EXISTING STORMWATER Page 4197 of 4682 --, I I I (/\,::,:>t\\ ~ \ .' \ I .' AREA ... \/·········::t/' , I I I, I I ENY. FRIENDLY BOAT CLEANING AND MANATEE SPEED ZONE SIGNS '----Blacktop removed area landscaped around roofline Concrete from end. Drainage area~xpanded sod placed fo drainage to existing City rmwater drain crushe~ock and Rltercloth box ~ replace Direct Outfall '--------Retention area scraped down and sod replaced W*E S ~ '-,.,..,-,' lL.l ~ .'T"..:...... <r -, o 35 50 100 I I I r-f 0 0 ,'1. \"i' a f"" 0--0- ,,~ r-f .... ~ It' e., .. L. t:;,·' I"-t.-.:,,, L~l ..-I Q ("! ~, 0 r-i NOTE:r-i THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ~ Turrell & -Marine & Environmental COnsulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 843-0188 Fax: (941) 843-8832 E-MAIL: tttuna3584eaol.com BROOKSIDE MARINA ..... () :s (f) o .s :~ ,:1) 0..: u1 a Page 4198 of 4682 r-f C) 0 {l- tt .:::::> NEW REDIRECTING SPEED ~ ;:: 0- BUMP PLACED TO GUIDE i,; ~ I.L WATER INTO RETENTION in c-4 0 AREA 0.. 0 r--i .-I W*E S ~ '-'" ;l.,.~ ill :> <,.-., Uj ! '\ o 10 20 ,,;:" 40 Z I ; ; ,¢ I ::; RETENTION AREA SCRAPED DOWN AND SOD REPLACED NOTE: THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ~ Marine lie Environmen~o~ulting 3584 Exchange Ave. Suite B, Naples. Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-I:IAIL: tttuna35844Paol.com BROOKSIDE MARINA Page 4199 of 4682 4' RETENTION AREA CROSS SECTION E-E HEDGE BORDERING BERMED REfENTION AREA ROPOSED SPEED BUMP REDIRECTS . RUNOFF INTO REfENTION AREA ASPHALT IN BACKGROUND ~. 1.1.' ;.,.,.. • N fi~. ~) VI tW 'i'lt~ S ~""" ,"" (-.., C-~ ('-I z <t ~ :..> ~f)i o ..c .,.... ::J o 00 0..: ill o 10 20 40 O· I ;; I . .. ,_............ :·.: .. :.:::~:::l -... ==.~-L.'!............ ...... . .. m..................... m .... _.m~"""m .. " •. "......... . ... :::::::--..... . ..... -.. :~-::-... -=_.j NOTE: THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE D OF BERM ,'" \~ I--"'~ '!. c.:. c: W C" t-4 0 0 C> 0'" .-i rn. f'- .-i 0 .-i r-I 0.. It.: CJ ~ Turrell & Assoqiates, Marine & Environmen~ollSulting 3584 Exchange Ave. Suite B. Naples. Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3564eaol.com BROOKSIDE MARINA BERM DETAIL DESIGNED IT.T.T. REVISION OWG. NAME IS8-DETAIL DRAWN I SAS. SHEET 9 OF 24 DATE 105-24-01 SCALE I" ~ 20' J08 NO. 10000 Page 4200 of 4682 #5 DOT CRUSHED ROCK AND FILTERCLOTH BOX TO REPLACE DIRECT OUTFALL W*E S o 10 20 ~ I I L._ I NOTE: CONCRETE REMOVED FROM END TO ALLOW DRAINAGE FILTRATION TRENCH TO BE WIDENED AND DEEPENED SEE SHEET 11 FOR DETAILS .~ \';' P- ~ .l> ~.~ J~.~ \.'j" UJ !l. r--I 0 0 0 o .... ..-i r<\ r--...... 0 r-I r-I !l 1JJ Q THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE o Turrell & Associates, Inc. Marine 8c Environmental Consulting 3564 Exchange Ave. Suite B, Naples, n. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3564.aol.com BROOKSIDE MARINA Page 4201 of 4682 PROPOSED CONDITIONS IN AREAS CONTAINING VEGETATION EXISTING/PROPOSED IN NON-VEGETATED AREAS ---3'-3"--- FILTER CLOTH PROPOSED EXCAVATION FILLED WITH #5 DOT CRUSHED ROCK 1>// 1 EXCAVATION FILLED WITH 1/5 DOT CRUSHED ROCK EXISTING VEGETATION . -., l.~ UJ * N ;.~ ~, 'II IE~~ lUJ S ~ t""'-.. = = '0-' z <l: --, o 1~ 3 1 I I I SCAlE 1"=3' ~ ... l it .. ... ( (tJ .L 't: ( {j ot: u c" 6" DIA. PERFORATED PIPING AROUND VEGETATION PARKING PROPOSED FILTER CLOTH c-f 0 0 &~ 1: 0 ~, 0 .... .. .--I '" ~ tr\ ;.' I"-" li .--I c> a c-f .-I a. lU 0 NOTE: THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ~ Turrell & Associ$tes, Marine 8c Environmental \.Qpnsulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0188 Fax: (941) 643-8832 E-MAIL: tttuna3584eaol.com BROOKSIDE MARINA FILTRA TION TRENCH DETAIL DESIGNED IT.T.T. REVISION IOWG. NAME IpC-DETAIL DRAWN I SA-So SA-So 12-12-01 ISHEET 111 OF 24 DATE 05-24-01 SCALE 1" ~ J' JOB NO. 10000 Page 4202 of 4682 , '" ., ' I .. ~~ "l. "l .~ DOCK BUILDING NOTE: "~ ; .J r-I EXISTING BOAT 0 0 ~ ~j ,'!. .-~ C> f'~ 0'" CL "- ti.~ .... r-I .... r<"\ LL' (t, ~ I'- Ul r-i Cl !'i 0 o.h W.~L S ~,. t i .-.,~ .;~ r-I r-I o 5 10 20 I I I ! ENV. FRIENDLY BOAT CLEANING AND MANATEE SPEED ZONE SIGNS BLACKTOP REMOVED AREA LANDSCAPED AROUND ROOFLINE ~ Turrell & AssociaT-es. ~nc. Marine 8( Environmental CalisulUng 3584 Exchange Ave. Suite B. Naples. Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna358461aol.com BROOKSIDE MARINA THESE DRAWINGS ARE FOR PERMIDING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE DESIGNED IT.T.T. DOCK BUILDING REVISION DWG. NAME 10K BLDG DRAWN 151\5 SHEET 112 OF 24 DATE 104-26-01 SCAlE 11" a 10' JOB NO. 18922 It) c ~ is ::l ~ c u .:i Page 4203 of 4682 I AERIAL I OF X-SECTION D-D NTS ASPHALT EXISTING CONDITIONS OF X-SECTION D-D NTS WATER ~RUNOFF ,.., .... SEAWAll Q .w .... . ",,"" o LV, CROSS SECTION D-D PROPOSED ~ o 1.5 3 6 I I I I GALVANIZED SCREEN PLACED ON END OF PIPE PROPOSED DREDGE TO (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPLING SHOWS CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO -5' MLW) NOTE: THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE -+-----Fi' -0"------WATER RUNOFF .~ * ~ 4' FILTER VISUALLY INSPECTED MONTHLY. ANNUAL CLEANOUT OR EARLIER IF NECESSARY LINED WITH FILTERCLOTH AND FILLED WITH DOT #5 CRUSHED STONE .-f 0 0 0 0" 11 .--I LL - SEAWALL ~ Turrell & KarIn.. '" Environmental ConeulUng 35M Exchange Ave. Suite B. N.,p! ..... n. 34104 Phone: (941) 843-0168 Fill<: (941) 843-6832 E-KAlL: tttWlll3584e.,o1.com BROOKSIDE MARINA PROPOSED FILTRATION TO REPLACE OUTFALL IJJ ~ Cl n. 0 r-l t-i <'·1 ~ J .-' ~..: t> :5 (f) 6 :S ::J c.8 Q" ui ci val.' \~\\ Page 4204 of 4682 I~ 26 -I ~Trrrrr>,p,~~ ._--;;:':T1~f=rf!~rJ j l I [[ I ' I I r I J J I [[! -T-]::~~~--_ c\ tJJ -,.", a:--" UJ U 1.;.1 "'",. ;-.'i ~ ." i;." ~'....I ,:<--:: ::'! f'V' o 2.5 5 '0'.· 10 I ! I ! SCALE 1"=5' ts 5 ~ Q" 1.1- e 81--4--181.. 16 .$;$--4~8,5 .-3" r-3" I~ W' '~'::::::::::::::::::::::::::::::I I.J.. 1 . .:.::::,~~_ .... :::::::" I r-f 0 0 .'" ,,< 't; 0 '" 0'" il. -....-; ~ ~ tr\ :l.L: t .. r- L~j r-I 0 C\. 0 r-I r-f "'1 ..... '\, .....•... . ............ . CROSS SECTION F-F' H.Q1E; THESE DRAWINGS ARE FOR PERMI'ITING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. 3.4 ~'I , .. _",,,';'~"'1m1il!miIH"!J!; Turrell & Associates, Inc . .. ,ul'''r.;';::,;:.....,_ .. );'W-Marine lie Environmental Consulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3584tlaol.com BROOKSIDE MARINA EXISTING BASIN SECTION F-F' DESIGNED IT.T.T. REVI::;IUN OWG. NAME I X SEC FF DRAWN ISAS SHEET 114 OF' 24 DATE 110-08-01 SCAlE 11"-5' JOB NO. 10000 CROSS !!IECIDI5 1G-08-01.DIIQ Page 4205 of 4682 0 c''. 'i.U C:-:-J > c::· (.........,~ "~ llJ ~----------------------------38 -I iV Z UJ <r. .~ -., em., .. I.. "-7 -'-" .1 "" .. -. .. m-lll' , I I l'~' 13 -I 9 I 6.7 1 .. 1 13 -I f~:>< T " -i:z 5 I -1 I' " 2 ~.------------:-..-" -.~.u. ...-j.. -,: ,~.i : ...... 0 0 ; ~. 3.5 ;. ~ 0 ~d' t-0'" ~ .--t 1"\ ~ I"- W r-i CL 0 ~ r-I \1 I CROSS SECTION G-G' HQ1E; THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. a.. lJ..' o 2.5 5 10 I I I I 0 SCALE 1"=5' "hi:,::~i:lU!:"'W!;'~"",,,, Turrell & Associates. Inc . • ) -''''-"._ .... :p'>-Marine 8c Environmental COilliulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3584llaol.com BROOKSIDE MARINA EXISTING BASIN SECTION G-G' DESIGNED IT.T.T. REVISION DWG. NAME IX SEC GG DRAWN ISAS SHEET 15 OF 24 DATE 110-08-01 SCAlE l'aS' JOB NO. 10000 CROSS SECIDIS 10-0e-0t.DIQ "'~-" v ·c .~ .f{} 0 ..c ........ :) 0 (f) Q ill a Page 4206 of 4682 o W f'~ 1 (_:, :> ("'..! 'I" .~. i ..... \...1 'V-- 46 !i:" ) _········· __ .. ····· __ ···· .. ==-;=.,····-=-········--1-Tf-==-'5.; ., ~ t 1'--' 12 -1,"1 3;t;;± 3j:1t--1" -' ~===''-~=I_·············_· ...... ·· .. ··········· .. ···m ............... -.. ~-.. ~ ''''I i _ .. _. __ ...... _ .... _ ........ _ .. __ ._ ... _ ... ___ .... _ .. _._._ ....... ~----..:~-:=t~:..: __ =::=~~=-=-~----.. -=::.::::::::====::::::::.::::::... .... . -......., __ .M 7 8 2.7 3.8 Q 2.5 5 10 t I I I I r-I 0 0 SCAlE 1"=5' ~ 'l;' C> i·· 0 .... a.. -r-I "'~ J;, r'" 1.L: e:: I'- W r-I Q Ct. 0 r-I I . ..... r-t ·······.1 •••• .. •••••• ••• 1 ) •• I!. ...... "".","""miim""". Turrell & Associates Inc . • I· ':"~:::':'-...... ~?:;i'!r Marine k Environmental Co~u1ting 3564 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3564t1aol.com CROSS SECTION H-H' BROOKSIDE MARINA EXISTING BASIN SECTION H-H' DESIGNEO IT.T.T. REVISION DWG. NAME Ix SEC HH DATE 110-08-01 DRAWN ISAS HQIE; THESE DRAWINGS ARE FOR PERMlTI'ING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. SHEET 116 OF 24 SCALE 11"~5' JOB NO. 10000 CRCISS so::mtB 10-0e-0t.DIQ Page 4207 of 4682 Ci U) ;> '"'~ Co .. ) = ("'.) -E r '- F-~~--=-~ n=-. .. 38 ···fIt··· .~ 4 -==-~ lU '~~ II d !!-,.~~ ./Y, .z: if., <r: ---, 0..: w 0 7. 8 II -13 1 .. 1 I. ,J ---....... 1 ,r'" .. ----------.---.. -.---------.. ,,-... --.... --,,-- r--« 0 0 r ·1 1 I-12 ~ a ~ 0' 0. -r--« ~ ~ I.L: Ct: f'-UJ ..-t Q 1-:> a.. 0 r--« r-I [."AI " / ,/ CROSS SEC'TION I-I' HQIE; THESE DRAWINGS ARE FOR PERMI'ITING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. o 2.5 5 10 1 " I SCALE 1"-5' 3.6 Turrell & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna35840aol.com BROOKSIDE MARINA EXISTING BASIN SECTION 1-1' DESIGNED IT.T.T. REVISION DWG. NAME 1 X SEC II DRAWN ISAS SHEET 117 OF 24 DATE 110-08-01 SCAL£ 11"-5' JOB NO. 10000 CROSS srct10NS 10-G8-01Jl111O Page 4208 of 4682 r-I 0 a ~ a ~. 0"" a. -~ "",-,?, J'C\ 1.l ~ f'- I.li r-i Q CL 0 ~ r-4 SEAWALL TO BE REPLACED. (WITHIN THREE YEARS OF ISSUANCE, EXISTING SEAWALL AROUND THE BOATHOUSE BASIN WILL BE REPLACED INCLUDING A 26--IDIrID1arI~2~ PROPOSED ROOF TO BE RAISED TO 12'-15' TO ACCOMODATE BOAT LIFTS AND TO ALLOW FOR BETTER LIGHT PENETRATION I.. 16 .. I FILTRATION TRENCH.) WITHIN FIVE YEARS OF PERMIT ISSUANCE, PAVEMENT ~ ALL EXISTING PILINGS WILL BE REPLACED "'" WITH PVC WRAPPED PIUNGS. AT THAT _____ _ T::~:o::o:~o8:::':E~~aooooJoo FILTRATION TRENCH (SEE SHEET 22 FOR DETAILS) CROSS L:::::::J I I '< I .. 14 If);;'] PILES ARE CCA WOOD WITH PVC WRAP FROM 12" ABOVE MHW TO 6" BELOW SUBSTRATE. SECTION F-F' ."". ,~ ('..) ill =-= "--:-" .~ lU (..I z LU <r.: Ot: ---, o 2.5 5 10 I I I ---------' SCALE 1'=5' GALVALUME OR EQUAL ROOF PROPOSED DREDGE TO -5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPLING SHOWS CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO -5' MLW) MHW 1 .65 NGVD MLW -0.4 NGVD "hI .. ,."",,,;:i!II!!DL~!inH!'lm,,,, Turrell & Associates, .,P:""':~:;~ ... ,, __ 1~1i.'-;';'~ Marine 8c Environmental Consulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3584.aol.com BROOKSIDE MARINA PROPOSED BASIN SECTION F-F' HQIE; -THESE DRAWINGS ARE FOR PERMITIING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. REVISION -ALL DEPTHS ARE REFRENCED TO NGVD. JOB NO. 10000 CROS! SECT10NS 10-0&-01l1lllO 1'-t.:l ·c -(f) a J:: "5 0 (f) I~ 1.lJ :J Page 4209 of 4682 U tll > <,.',) = C~ C"'.l 38_~1~ ,-.. -.......... ··-7--....-1 1=:OP05E: ROOF TO BE-RA-IS-ED-~-\11. ··········--~3 J~ .. Z <f --- r-f 0 0 , TO 12'-15' TO ACCOMODATE BOAT LIFTS AND TO ALLOW FOR BETTER LIGHT PENETRATION GALVALUME OR EQUAL ROOF -t "* 0 .,., 0-0. -r-t '<\,'.' ~ rr\ I" io!.. fl-' r-.. , Cl W .--i (1, 0 r-I r-I MHW 1.65 NGVD MLW -0.4 NGVD I ; I WIJHIN FIVE YEARS OF PERMIT ISSUANCEj ALL EXISTING PILINGS WILL BE REPLACEQ WIJH PVC WRAPPED PILINGS. AT THAT TIME THE ROOF WILL BE RAISED. I .. : 13 .. I' I.. 12 .. I Ng.;)X. :'~\< > • > • > ... , .. > .. > > .. "¥.v': .. > > > • > .. J U PROPOSED DREDGE TO '-5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPLING SHOWS . CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO -5' MLW) PILES ARE CCA WOOD WITH PVC WRAP FROM 12" ABOVE : j MHW TO 6" BELOW SUBSTRATE. ~J ~ I ',~ CROSS SECTION G-G' \1 ~:; I HQ1E; -THESE DRAWINGS ARE FOR PERMITI'ING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. -ALL DEPTHS ARE REFRENCED TO NGVD. SEAWALL TO BE REPLACED • (WITHIN THREE YEARS OF PERMIT ISSUANCE, EXISTING SEAWALL AROUND THE BOATHOUSE BASIN WILL BE REPLACED INCLUDING A FILTRATION TRENCH.) FILTRATION TRENCH (SEE SHEET 22 FOR DETAILS) o 2.5 5 10 I I I ! SCALE 1"=5' Turrell & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Ave. Suite B, Naples, n. 34104 Phone: (941) 843-0166 Fax: (941) 843-6632 E-MAIL: tttuna35840aol.com BROOKSIDE MARINA PROPOSED BASIN SECTION C-C' DESIGNED IT.T.T. REVISION OWG. NAME 1 X SEC GG DRAWN ISAS SHEET 119 OF 24 DATE 110-08-01 SCALE 11·=5' JOB NO. 10000 CROSS SECTION!I 10-0&-01.D11O 13 ·c ...... . !!2 o -C "5 o if) [L' W o Page 4210 of 4682 ,.. a 46 ]I C'.> I = <:.;::J ('..1 .-.,.. . C ---I ---~--=-~II_-... -.. __ ...... -._---1'[_ ....... -.... _ ... ,.,. __ ... l:t5~;] 5.5=1 r I PROPOSED ROOF TO BE RAISED TO 12'-15' TO ACCOMODATE :z:: -« --. r-f 0 0 ~ 0 to. 0 .... a. --r--I ..... 2-1'<\ I..L' ii, r--Q w .--I c.. 0 r--I ~ MHW 1.65 NGVD MLW -0.4 NGVD BOAT LIFTS AND TO ALLOW FOR GALVALUME OR EQUAL ROOF BETTER LIGHT PENETRATION wrTHI~ FIVE YEARS OF PERMIT ISSU~qE' ALL E ISTING PILINGS WILL BE REP CED I WI1H VC WRAPPED PILINGS. AT TH1J I TIME tHE ROOF WILL BE RAISEO. 1·1 12 !+3 -I· 5-r3 1 j. 12----+-t I~n nnnn n n n.oon n.nnn"-o.",~,,,,:::'t:;:~?~. PILES ARE CCA WOOD WITH PVC WRAP FROM 12" ABOVE MHW TO 6" BELOW SUBSTRATE. n PROPOSED DREDGE T~" ~5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPLING SHOWS CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO -5' MLW) o 2.5 5 SCAlE 1"~5· Turrell & ASSOciattE, Marine & Environmental onsufting 3584 Exchange Ave. Suite B, Naples, 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3564.aol.com BROOKSIDE MARINA H-H' CROSS SECTION DESIGNED IT.T.T. PROPOSED BASIN SECTION H-H' DWG. NAME I X SEC HH REVISION mITE; -THESE DRAWINGS ARE FOR PERMI'ITING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. -ALL DEPTHS ARE REFRENCED TO NGVD .. DRAWN ISAS DATE 110-08-01 JOB NO. 10000 SHEET 120 OF 24 SCALE 11"=5' CROSS su:notIS 10-ce-01.D11O '0 ',;:; ...- .!!? 0 ..c :5 0 (f) ,,' ..J... W 0 Page 4211 of 4682 ~, .t~~ !~ ......... ~ W (:::.--= ~ '" ..-- HJ I-38 "I C~ .... ~---=-.. jI~--=----.. . ............ -......... "'''-.. " .. "'''''''-'''''''''''''''''-'''''''''''''--'''''''''' """'-, ,-:,," ~ .~ ..... -W <{ ..,....~ --.. !-"-. 1 0 I I '-PROPOSE~ ROOF-;O BE ~,sJI-r~--\\' """""---1~--m:'1 I! TO 12'-15' TO ACCOMODATE I SEAWALL TO BE REPLACED. (WITHIN THREE YEARS OF PERMIT ISSUANCE, EXISTING SEAWALL AROUND THE BOATHOUSE BASIN WILL BE REPLACED INCLUDING A FILTRATION TRENCH.) PAVEMENT 1 1 BOAT LIFTS AND TO ALLOW FOR I BETTER LIGHT PENETRATION ; fTHIN FIVE YEARS OF PERMIT ISSUANCE, 1~L EXISTING PILINGS WILL BE REPLACBD . !ITH PVC WRAPPED PILINGS. AT THAT I 'liME THE ROOF WILL BE RAISED. '=[-13,----+-11 .. I I i I " , J '4iil'.".,.:1s::;;;::::;;:zt =======0= FILTRATION TRENCH (SEE SHEET 22 FOR DETAILS) 5;?j f;Q k;;;: r::::~J VXJ GALVALUME OR EQUAL ROOF PROPOSED DREDGE TO -5' MLW. (WITHIN TWO YEARS OF PERMIT ISSUANCE, IF SAMPLING SHOWS CONTAMINATED MATERIALS, DREDGE WILL CONTINUE TO CLEAN SOILS. CLEAN MATERIAL WILL THEN BE ADDED TO RETURN TO -5' MLW) MHW 1.65 NGVD MLW -0.4 NGVD '. ~~ 12 ., :~l" ., ., .V{, .1 .1 •. 1 .1 •. , ., ., ., • .I .•. 1. .t ., .. ~{'.J. ., .1. .1. •• ., •• ., ••• •• •• •• t .1 •• l( -3.6 r--f 0 0 ~ L ~ -"'-J., r!~ W A.. 0 0'" a.. .-l tr\ I.L: r-0 .-l 0 r-I CROSS .' ,. SECTION I-I' H.QIE; -THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. -AlL DEPTHS ARE REFRENCED TO NGVD. SCAlE 1"=5' ,",,;::::~'&~~~:':"~"', Turrell & Associates, Inc. • .Ji"·,···.",_ .... _.,j!!!i,i,...... Marine & Environmental Consulting 3584 Exchange Ave. Suite B, Naples, Fl. 34104 Phone: (941) 643-0186 Fa:J:: (941) 643-6632 E-MAIL: tttuna3564.aol.com BROOKSIDE MARINA PROPOSED BASIN SECTION 1-1' DESIGNED IT.T.T. REVISION OWG. NAIotE I X SEC II DRAWN ISAS SHEET 121 OF 24 DATE 10-0B-Ol SCALE 1"=5' JOB NO. 10000 CROSS se:notc!I 1o-a1-01JMO t) "5 en 0 .s::: ...- ::l 0 'l) I' J. U ") Page 4212 of 4682 STEEL IN EXPANSION JOINTS ENCASED IN POLYETHYLENE PIPE EMBEDDED AT LEAST 2" INTO CONCRETE AT EACH END. ALTERNATE TO DISCONTINUE STEEL AT EXPANSION JOINTS WITH 2 1/2" OF _16"-_~TOOLED CORNER 11.[; II ~~-2.5" MINIMUM • TRENCH DETAIL FILTER CLOTH DEBRIS TRAP SCALE 1"=2' . CONCRETE COVER AND NEVER WITHIN 2" OF SLAB JOINTS. ~ . .......··-#2 TIES @ 10 -:\ ~ f..--~ ,l, tl: 1JJ a.. O.c. EXPANSION JOINT AS REQUIRED 4/5 EACH -#5-/ -j f-+2 .5 " MINIMUM REBAR (MIN) ; ... -~" MINIMUM (EVERY 150'-200' I MAX) DOT #5 STONE ..... :-iI 18" 10' , ~ .... CAP DETAIL SCALE 1"=2' NOTE: GRAVEL FILTER ~"~I:i~l!:f,jjjT::.:~:·JMHWUNE CONCRETE TO BE -4000# WITH FIBER MESH, WATER/ CEMENT RATIO OF 0.45 OR LESS. AIR ENTRAINMENT OF 4% TO 8% aSTM TYPE II CEMENT OR APPROVED EQUAL. REINFORCED STEEL TO BE aSTM GRADE 60. . ~:'. I MLW UNE L;.;;,,;,o;;,~"";';"''''''' '.: , ....... ~ 3' (TYP) lit 8'MI~ FILTER FABRIC TO BE NICHOLON 40/30 A, 70/20, OR APPROVED EQUAL. f!1::: ~"'-I = = ('..J r-t 0 0 0 0" .-I r<\ f'- r-I 0 .-I r-t SECTION A MINIMUM OF 2 1/2 INCHES OF CONCRETE COVER SHALL BE MAINTAINED ON ALL STEEL. L: I ;. '~~!'. THESE SPECIFICATIONS REPRESENT MINIMUM DESIGN STANDARDS. ,'" . t. 'f',·: L_ SCALE 1"=10' CAP RE-BAR PROTECTED BY POLYETHYLENE PIPE EMBEDDED r MINIMUM 2" INTO CONCRETE I AT EACH END. o i 10 20 I ! I SCALE 1"=1' q; <t r! .. .{ I / /-3' MIN / .41-:-(; 2' MIN CROSS SECTION D-D ( I : I TYPICAL BASIN CROSS SECTIONS ...•. J " 2' ----14' MIN.------· END HOOK MIN. 12" 3-#4 REBAR EACH WAY mITE; THESE DRAWINGS ARE FOR PERMI'ITING PURPOSES ONLY AND ARE NOT ThITENDED FOR CONSTRUCTION USE. /EXISTING ROCK DEADMEN TO HAVE 0.5 cy EACH . /" J'''-__ NOTCH ROCK 12"-18" TO HOLD SEAWALL TOE "-4' MIN. PENETRATION FOR MOORING PILES - 1 0' o.c. ALONG SECTIONS OF WALL WITH NO FIXED OR FLOATING DOCKS TYPICAL SECTION SCALE 1"=6' NOTE: DESIGN MAY BE ADJUSTED TO ACCOMODATE ARCHITECTURE ON UPLANDS -LOCATION WILL REMAIN THE SAME Turrell & Associates, Inc . Marine & Environmental Consulting 3584 Exchange Ave. Suite B, Naples, fl. 34104 Phone: (941) 643-0166 Fax: (941) 643-6632 E-MAIL: tttuna3584e1aol.com BROOKSIDE BASIN PROPOSED FILTRATION TRENCH AND SEAWALL DESIGNED IT.T.T. REVISION OWG. NAME I SEAWALL DRAWN ISAS SHEET 122 OF 24 DATE 112-12-01 SCAlE II" -10' JOB NO. 10000 PROI'OSrn SEAWAlLDWG (,) ·c --if) o ..c: ....... :J o if) 0\ . L~ W a Page 4213 of 4682 ~ 7,!1 .... 0 ,-, -, C::l , .. -.. " .. -, . , }~i-. .Ii.. " 0 ~". 0" 0.. .' i;,-'" '" .' -. "l_ ~ \., ,. '" '" .. . ~ ....-l .. :".::':~, ~; .... JI ~"T"" ",' .. ~ r-C\ 1.~~ ""-:~,i·· -... :-:.,.. f'-.0 " ~~~ ~11 .--t 1~;;}I~ " 0 ~ ....-l ....-l w. 5 V-__ I 7~_ 1;;0 3~ SCAlL 1".150' lim; THESE DRAWINGS ARE FOR PERKITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. rL lSJ "-- " C ~~- ~ Turrell &: Associates, Inc. Marine .t Bnvircmmental CmuulUq :me4 babanie Aft. Sulte B. Xeplea. n. 34104 Phone: (941) MS-0188 rax (941) MS-8832 E-JIAIL: tttnneS584IIW.aam BROOKSIDE MARINA DREDGE/SPOIL CONAlNJlENT AREAS DESIGNED IT.T.T. REVISION DWG. NAME ICXlN'INIINT DRAWN IBAS SI£ET 123 Of' 24 MTE 110-31-01 SCALE II" • 11lO' JOB NO. 10000 ~~ Q ·c -0-' (.f) o .r: -,-" Page 4214 of 4682 ,Ii \-: k. I ., CROSS SECTION A-AI f.:' f: ~.,:,~=. ________ ~0~~~_ 1 ___ """""IiAYBAlE STAI<ED SllT salEEN 5roL 10 RENAlH IN 1ll1S NI£A -NO sroL RUH--oFf INTO STAlE WA1ERS NOTES: NO SPOIL RUNOFF INTO STATE WATERS l!QIE: SPOIL WIlL RENAIH 00 SIlt. IIAXIN\JII 1&O.18lW. HElGHT HOT 10 (UIE WlTHIH l' OF CREST OF 8ERII. U ill ~ 0 0 0 0-- ..--l r<'\ r-- r-i 0 r-I r-i BOTH ENDS OF THE TURBIDllY CURTAIN SHOULD EXTEND FROM THE SHOREUNE OUT TO THE WORK AREA FROM THE TOP TO THE BonOM OF THE WATER COLUMN. PLACE THE APPROPRIATE # OF ANCHORS TO HOLD THE CURTAIN IN PLACE BASED ON THE VELOCllY OF THE WATERBODY AT THE TIME OF CONSTRUCTION AND ALLOW ENOUGH SLACK FOR BOTH FLOOD AND EBB CONDmONS. 0.. Lt. 0 BARGE WILL BE WITHIN THE CONSTRUCTION AREA SURROUNDED BY THE TURBIDllY CURTAIN. TURBIDITY (NTU) WILL BE MONITORED TWICE DAILY, AT LEAST 4 HRS APART DURING ANY IN WATER WORK AT THE SITE. TURBIDITY STATIONS WILL BE LOCATED AT THE WATER'S SURFACE AND l' ABOVE THE BonOM WITHIN THE CONSTRUCTION AREA, WITHIN ANY VISISBLE TURBIDITY PLUMES AND AT LEAST 150'DOWN CURRENT FROM THE WORK AREA. A BACKGROUND STATION WILL BE LOCATED AT LEAST 100 YARDS UP-CURRENT OR AGAINST THE TIDE FROM THE SAMPLES WITHIN THE CONSTRUCTION AREA AT THE WATER'S SURFACE AND l' FROM THE BonOM. ALL TURBIDllY DATA SHALL BE DOCUMENTED AND SUBMITTED TO DEP. IF TURBIDllY LEVELS IN THE CONSTRUCTION AREA ARE 29 NTU'S GREATER THAN THOSE OF THE BACKGROUND STATION, ALL WORK MUST BE STOPPED AND DEP NOTIFlED. DEP STAFF WILL NOTIFY WHEN WORK MAY CONTINUE. CURTAIN WILL REMAIN IN PLACE UNTIL TURBIDllY LEVELS ARE NORMAL SPOIL TO BE OFFLOADED FROM BARGE TO TEMPORARY HOLDING AREA VIA VIA BARGE MOUNTED BACKHOE. SPOIL WILL BE MOVED TO PERMANENT SPOIL FlELD VIA FRONT END LOADER. TYPICAL CROSS SECTION OF TURBIDITY CURTAIN TYPICAl. TURBlDTY CURTAIN PlACEMENT DETAIL ~.:P ",':>,~ x" ~G"" ,~~"'t;)~ '"" "." ~.;! '(', .. , __ 1: , . , " . ---, LU ' .. _,," UJ 'Q~ l.. ...... ,. ('::;"-c.', r:'.: .... ~::~ .. <f -, ~~ CONCRETE ANCHOR ~:=·:::iiO···.,,·?.z·/·······-,e··/ .. ·,. /." ( .. ' " ..... -,?./ ...... ' .. ' / ..... -7 i/ 1/2 " POLY OR NYLON- FABRIC' BOTTOM (weighted) LOAD UN!:; ;: ~ . 'I .... -: ., . ~ '" '-~, DREDGE UMITS -5' MLW EXISTING BOTTOM DETAIL l/A 5/16" GLAVANIZED WIRE ROPE! ENCLOSED IN HEAVY TUBING ~ i. OVER 19 lBS/FT -.......... I ' ...... SUOYANCY ............. ", S" EXPANDED POLYSTYRE]r' "" / SHACKLED AND SOLTED ~ I ~~~O~~D S~~OR ---A > > > ):71 FABRIC CLOSURE POLYESTER REINFORCED HIGH V1SIBIUTY YELLOW IS OZjYO WEIGHT , .......... ,) ' ...... .. .... ......... /'/ /~ N.T.S. o 7.5 15 30 t I I I SCALE 1"=15'-0" DETAIL 2/A SHACKLED AND BOL'{W LOAD UNES WITH SLOTTED REINFORCED PIPE FOR FABRIC CLOSURE Turrell & Associates, Inc. Marine &0 Environmental CoDSUltlng 3584 E:<chanae Ave. Suite B, Keple., n. 33942 PhoDe: (941) 843-0166 Fex: (941) 843-8832 E-lUIL: tttUDe3684eaol.eom BROOKSIDE MARINA SPOIL AREAS CROSS SECTIONS iii' RE.VIS"", owe. HAIlE ICS B-B DESIGNED IT.T.T. DRAWN ISAS SHEET 124 OF 24 DATE 1'0-29-01 SCILE 11"-15' JOB NO.. 19822 Page 4215 of 4682 Environmental Resource Permit Compliance Checklist for 11-0173190-001 Please note: This Compliance Checklist is meant to assist you hi your compliance with the General and Specific Conditions contained within Environmental Resource Permit No. 11- 0173190-001. If there exists a discrepancy between this attachment and the Permit, the permit shall prevail. 30 DAYS AFfER ISSUANCE (February 28, 2002) ___ The Department approved Binding Agreement (enclosed) shall be recorded in the Public Records of Collier County within thirty (30) days from the date of issuance of Permit No. 11-0173190-001 and prior to the commencement of any construction authorized herein, with a copy of the fully executed document forwarded to the Department's South District office, P.O. Box 2549, Fort Myers, Florida 33902-2549 within five (5) days of recording. Exhibit "A" shall be recorded with the Binding Agreement. 48 HOURS PRIOR TO COMMENCEMENT ___ At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department's Fort Myers District office, P. O. Box 2549, Fort Myers, FL 33902-2549 within 72 hours of construction completion an "Environmental Resource Permit Construction Commencement" notice (Form No. 62- 343.900(3), Florida Administrative Code (F.A.C.» indicating the actual start date and expected completion date. PRIOR TO COMMENCEMENT __ The permittee shall submit the following information prior to commencement of any activity authorized by this permit: 1) estimate the time needed to reduce an initial concentration of a hypothetical conservative pollutant to ten percent (10%) of initial. Consider that the pollutant is placed at a point in the waterway farthest from the mouth; 2) cross-sectional view drawings on 8 1/2" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, ofthe project area; and 3) a detailed and specific description of the mean tide range amplitude and periodicity, flow amplitude at mid-tide for ebb and flood within the basin and at a location of the entrance to the basin. IF CONSTRUCTION EXCEEDS ONE YEAR ___ When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. Page 4216 of 4682 ERP Compliance Checklist Pennit No. 11-0173190-001 Page 20f6 30 DAYS PRIOR TO COMPLETION ___ The pennittee shall install and maintain a manatee informational display at a location (or locations) acceptable to the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management. The display shall inform boaters using the facility of the habitat and mannerisms of manatees and potential threat boats can impose on the continued existence of the endangered manatee. The display shall contain information making operators of vessels moored at this facility aware of the danger boats can cause to the endangered manatee when they are operated above slow speed in grass flats or areas shallower than four feet. The pennittee shall install and maintain manatee awareness signs at a location (or locations) acceptable to the FFWCC advising boaters to exercise extreme caution because of the presence of manatees in the area. Pennittee shall install and display the signs within 30 days prior to completion of construction of the pennitted docking facility. Information concerning this manatee educational program may be obtained from the FFWCC, Bureau of Protected Species Management at the following address: 620 South Meridian Street, Tallahassee, Florida 32399-1600. The manatee caution sign(s) and manatee informational display(s) shall be maintained and replaced as necessary due to fading or damage for the life of the facility. 30 DAYS AFTER COMPLETION ___ Within thirty (30) days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Pennit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.c.). The Statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of detennining if the work was completed in compliance with pennitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved pennit drawings with deviations note. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. IMMEDIATELY AFTER COMPLETION ___ The operation phase of this pennit shall not become effective: until the pennittee has complied with the requirements of condition number six (6) above, has submitted a "Request for Transfer of Environmental Resource Pennit Construction Phase to Operation Phase" (Form 62-343.900(7), F.A.c.); the Department determines the system to be in compliance with the pennitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Pennit Applications Within the South Florida Water Management Page 4217 of 4682 ERP Compliance Checklist Pennit'No.11:0173190-001 Page 3 of6 District--August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of permit to the approved responsible operation entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. PRIOR TO UTILIZATION OF THE PERMITTED DOCKING FACILITY ___ In order to provide protection to manatees during the operation of this facility, a laminated copy of the "Collier County Manatee Protection Speed Zone" poster shall be installed and maintained to educate boaters on existing manatee protection speed zones in the area. This poster shall be installed prior to the facility opening and beginning operations, shall be replaced in the event it becomes damaged or faded, and shall be maintained for the life of the facility. The location for this poster must be approved by the Bureau of Protected Species Management, Florida Fish and Wildlife Conservation Commission. This poster can be obtained, at cost, from the Bureau of Protected Species Management. ___ Prior to allowing any vessels to moor in a wet slip at the facility, the permittee shall implement the procedures in the Department-approved Brookside Marina Dockage Lease. The initial Brookside Marina Dockage Lease approved by the Department is attached to this permit. Changes to the Brookside Marina Dockage Lease shall require written approval by the Department prior to implementation ofthe changes. ___ Prior to allowing any vessels to moor in the new wet slips at the facility (those slips labeled 12-39 on Sheet 1 of24), the permittee shall implement the Department-approved improvements to the site drainage plan as noted on Sheets 1 of24, 6-13 of24 ofthe attached permit drawings. These improvements shall be maintained in good working order for the life of the facility. ___ Prior to January 29,2004, the permittee shall sample sediments at the locations indicated on Sheet 1 of24. The permittee shall collect triplicate sediment samples. The permittee shall analyze two of the sediment samples for the following parameters using the specified detection limit and archive the third for analysis at the Department's request, if the results from the first two samples conflict. Parameter Sample Detection Limits (mglkg) Aluminum top 2 cm. 10.0 Copper top 2 cm. 1.0 Lead top 2 cm. 1.0 Page 4218 of 4682 ERP Compliance Checklist Permit No. 11-0173190-001 Page 4 of6 Zinc top 2 cm. 1.0 Arsenic top 2 cm. 1.0 Cadmium top 2 cm. 0.05 Mercury top 2 cm. 0.01 Coprostonal top 2 cm. 0.01 Polycyclic top 2 cm. 0.5 aromatic hydrocarbons, (mg/l) All sediment data should be collected and analyzed using the procedures in the Deepwater Ports Maintenance Dredging and Disposal Manual, DEP, 1984. All sediment testing shall be sufficient to indicate the depth of the contamination/enrichment. Reporting All data shall be submitted with the documents containing the following information: (1) permit application number; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis ofthe samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and (6) documentation that the laboratory performing the sampling and analyses has an approved quality assurance plan on file with DEP. Based on the results ofthe above testing, the permittee shall remove/dredge all contaminated! enriched sediments from that area indicated on Sheet 1 of 24. The permittee shall dredge to a depth to reach cleanlnon-contaminated!non-enriched sediment or to a rock strata which ever is less. If the area dredged exceeds -5 Mean Low Water (MLW), the permittee shall backfill with clean (free of any deleterious substances) fill material to reach a final elevation of -5 MLW. All dredging operations shall be carried out in accordance with Specific Conditions Nos. 7, 10-12,29, and 30 ofthis permit. If after January 29,2004, the permittee does not perform the sediment testing and dredging as described above, the permittee shall remove all structures authorized by this permit prior to March 29,2004. Page 4219 of 4682 ERP Compli:r':ce Checklist Pennit'No.11-0173190-001 Pag~50f6 Prior to January 29,2004, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed dredging and shall include as- built drawings showing bathymetry of the dredged area as indicated on Sheet 1 of24. The submitted drawings shall be plan and cross-sectional view drawings on 8 1/2" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing the entire dredged area prior to any dredging activity, the entire dredged area after any dredging activity with any overdredge areas indicated, and the areas backfilled with clean fill material free of any deleterious substances. The detailed report shall include all sediment data, a description as to the depth of the contamination/enrichment, and a statement as to the source of the fill material. __ -,Prior to January 29,2005, the permittee shall replace the existing seawall surrounding the boathouse basin, as indicated on Sheets 1, 18-20, and 22 of24. The seawall shall be replaced at its existing..location or upland of or within one-foot waterward of its existing location. A filtration trench shall be constructed according to Sheet 22 of 24 of the attached permit drawings. This trench shall be maintained in good working order for the life of the facility. Prior to January 29,2005, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. If after January 29,2005, the permittee does not perform the seawall replacement and construct the filtration trench as described above, the permittee shall remove all structures authorized by this permit prior to March 29, 2005. ___ ,Prior to January 29,2007, the permittee shall elevate the existing boathouse roof and replace all existing CCA boathouse pilings as described on Sheets 1, 18-21 of24. The roof ofthe boathouse shall be elevated a minimum of 15' above that indicated on Sheets 14-17 of24. The pilings shall be non-CCA-Ieaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments, the sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life ofthe facility). The permittee shall encourage the installation ofboatlifts in the boathouse area. Prior to January 29,2007, the permittee shall place a sign in the Marina office, labeled "Dock Bldg" on Sheet 1 of24, visible to marina patrons. This sign shall be of minimum dimensions of 11" X 17" and shall include information citing the benefits that boatlifts provide to the patron and the environment. Page 4220 of 4682 ERP Compliance Checklist Pennit No. 11-0173190-001 Page 6 of6 Prior to January 29,2007, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. If after January 29,2007, the permittee does not perform the boathouse roof and piling replacement and sign placement as described above, the permittee shall remove all structures authorized by this permit prior to March 29,2007. ___ .During dredging operations the Permittee shall monitor turbidity levels within 5 feet of the active work area once every four hours until project completion. The active work area shall be that area enclosed within the floating turbidity screens. Compliance samples shall be taken within the densest portion of any turbidity plume within 5 feet outside of the turbidity curtains. Ambient samples shall be taken up current at mid-depth and at no time shall the ambient sample within an apparent turbidity plume. Prior to any dredging operations, the Permittee shall submit to the Department a map indicating the ambient sampling locations with all possible sources that may generate turbidity, i.e. storm water outfalls, etc. All monitoring data shall be submitted weekly until the dredging completion and contain the following information: a) permit number, b) dates of sampling and analysis, c) a statement describing the methods used in collection, handling, storage, and analysis of the samples, d) a map indicating the sampling locations, and e) 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 following information for each sample taken: a) Time of day sample was taken, b) Depth of water body, c) Depth of sample, d) Antecedent weather conditions, and e) Velocity of water flow. If monitoring reveals turbidity levels at the compliance location that appear to violate the State Water quality standards, 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 South District office, SLERP Compliance and Enforcement Section in Fort Myers. Monitoring reports shall be submitted 'to the Department's South District office, SLERP Compliance and Enforcement Section, at P.O. Box 2549, Fort Myers, FL 33902-2549 or by fax machine at (941) 332-6969. Page 4221 of 4682 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Re: FileNo. 11-0173190-001 Collier County BINDING AGREEMENT PhilO' Connor and the State of Florida, Department of Environmental Protection ("Department") agree as follows: 1. PhilO' Connor has submitted an application for, and the Department has issued, Environmental Resource Permit number 11-0173190-001, authorizing the modification of a 107- slip docking facility within an existing marina to expand the facility to a 137-slip facility riparian to real property described as: LEGAL DESCRIPTION -SEE EXHIBIT A 2. Such permit has been issued upon a finding by the Department that PhilO' Connor has provided reasonable assurances that the expansion to a 137-slip facility will not cause applicable water quality standards to be violated and will not be contrary to the public interest. 3. PhilO' Connor and the Department agree that such reasonable assurances have been provided only if certain general and specific conditions are met. All conditions of Permit Number 11- 0173190-001, are incorporated herein. 4. PhilO' Connor agrees and acknowledges his obligation in meeting the above-referenced water quality and public interest test, notwithstanding that the construction phase of the permit expires on January 29, 2007. He shall evidence that obligation by agreeing and adhering to the following conditions as specified in Specific Condition Nos. 8, 9, and 14-28 of Permit No. 11-0173190-001: a. Specific Condition No.8: The permittee shall install and maintain a manatee informational display at a location (or locations) acceptable to the Florida Fish and Wildlife Conservation Commission (FFWCC), Bureau of Protected Species Management. The display shall inform boaters using the facility of the habitat and mannerisms of manatees and potential threat boats can impose on the continued existence of the endangered manatee. The display shall contain information making operators of vessels moored at this facility aware of the danger boats can cause to the endangered manatee when they are operated above slow speed in grass flats or areas shallower than four feet. The permittee shall install and maintain manatee awareness signs at a location (or locations) acceptable to the FFWCC advising boaters to exercise extreme caution because of the presence of manatees in the area. Permittee shall install and display the signs within 30 days Page 4222 of 4682 FileNo. 11-0173190-001 Binding Agreement Page 2 of8 prior to completion of construction ofthe pennitted docking facility. Infonnation concerning this manatee educational program may be obtained from the FFWCC, Bureau of Protected Species Management at the following address: 620 South Meridian Street, Tallahassee, Florida 32399-1600. The manatee caution sign(s) and manatee infonnational display(s) shall be maintained and replaced as necessary due to fading or damage for the life ofthe facility. b. Specific Condition No.9: In order to provide protection to manatees during the operation of this facility, a laminated copy of the "Collier County Manatee Protection Speed Zone" poster shall be installed and maintained to educate boaters on existing manatee protection speed zones in the area. This poster shall be installed prior to the facility opening and beginning operations, shall be replaced in the event it becomes damaged or faded, and shall be maintained for the life ofthe facility. The location for this poster must be approved by the Bureau of Protected Species Management, Florida Fish and Wildlife Conservation Commission. This poster can be obtained, at cost, from the Bureau of Protected Species Management. c. Specific Condition No. 14: All future authorized replacement pilings for support ofthe docking structures and for boat mooring shall be non-CCA-Ieaching (recycled plastic, concrete, greenheart, or wrapped with impenneable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments, the sleeves shall be installed concurrently with the installation ofthe pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life ofthe facility). d. Specific Condition No. 15: The Pennittee shall ensure that all boat slip users (purchasers/lessors/renters) execute (sign) a Department-approved "Brookside Marina Dockage Lease" (attached). All boat slip users shall be provided a copy of the Department-approved Brookside Marina Dockage Lease at the time the Brookside Marina Dockage Lease is executed. e. Specific Condition No. 16: Prior to allowing any vessels to moor in a wet slip at the facility, the pennittee shall implement the procedures in the Department- approved Brookside Marina Dockage Lease. The initial Brookside Marina Dockage Lease approved by the Department is attached to this pennit. Changes to the Brookside Marina Dockage Lease shall require written approval by the Department prior to implementation ofthe changes. Page 4223 of 4682 File No. 11-0173190-001 Binding Agreement Page 3 of8 f. Specific Condition No. 17: For the usable life of the facility, the permittee shall implement the procedures in the attached Brookside Marina Dockage Lease (or a Department approved modification of the same) that addresses, at a minimum, the following: liveaboards; sewage pumpout facilities; fuel spill containment; boat maintenance; solid waste; and boat slip agreements between the permittee and boat slip rentersllessees/purchasers. g. Specific Condition No. 18: The permittee shall be equipped to adequately respond to fuel spills at the marina. The permittee shall accomplish this by: (a) installing, maintaining, and being capable of operating fuel spill equipment; (b) being a member of a fuel spill cooperative; or (c) contracting this responsibility to a fuel spill contractor acceptable to the Department. h. Specific Condition No. 19: No liveaboard vessel shall be moored in any boat slip at the docking facility. A liveaboard shall be defined as a vessel docked at the facility that is inhabited by person or persons for any two consecutive days or a total of seven days within a thirty-day period. 1. Specific Condition No. 20: A dockmaster trained in all phases of marina operations shall be required to be at the docking facility at least during normal working hours (8:00 a.m. to 5:00 p.m., seven days per week) after completion of construction and occupancy ofthe docking facility. J. Specific Condition No. 21: Employees of the docking facility shall be trained in the proper use and maintenance of the fuel system. k. Specific Condition No. 22: Over-water fish cleaning stations or disposal offish wastes in the water shall be prohibited for the life of the facility. 1. Specific Condition No. 23: No fuel storage shall be allowed on the docking structures. m. Specific Condition No. 24: In water boat maintenance or repair activities are prohibited for the life of the facility. Specifically prohibited are any discharges or release of oils or greases associated with engine and hydraulic repairs and related metal based bottom paints associated with hull scraping, cleaning, and painting. Minor repairs and boat maintenance that will not cause or contribute to the release of water pollutants and which are performed by owners or qualified marine mechanics are allowed. n. Specific Condition No. 25: Prior to allowing any vessels to moor in the new wet slips at the facility (those slips labeled 12-39 on Sheet 1 of24), the permittee shall Page 4224 of 4682 File No. 11-0173190-001 Binding Agreement Page 4 of8 implement the Department-approved improvements to the site drainage plan as noted on Sheets 1 of24, 6-13 of24 of the attached permit drawings'. These improvements shall be maintained in good working order for the life of the facility. o. Specific Condition No. 26: Prior to January 29,2004, the permittee shall sample sediments at the locations indicated on Sheet 1 of 24. The permittee shall collect triplicate sediment samples. The permittee shall analyze two of the sediment samples for the following parameters using the specified detection limit and archive the third for analysis at the Department's request, if the results from the first two samples conflict. Parameter Sample Detection Limits (mg/kg) Aluminum top 2 cm. 10.0 Copper top 2 cm. 1.0 Lead top 2 cm. 1.0 Zinc top 2 cm. 1.0 Arsenic top 2 cm. 1.0 Cadmium top 2 cm. 0.05 Mercury top 2 cm. 0.01 Coprostonal top 2 cm. 0.01 Polycyclic top 2 cm. 0.5 aromatic hydrocarbons, (mg/l) All sediment data should be collected and analyzed using the procedures in the Deepwater Ports Maintenance Dredging and Disposal Manual, DEP, 1984. All sediment testing shall be sufficient to indicate the depth of the contamination/enrichment. Page 4225 of 4682 FileNo. 11-0173190-001 Binding Agreement Page 5 of 8 Reporting All data shall be submitted with the documents containing the following infonnation: (1) pennit application number; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis ofthe samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation ofthe sampling program concerning the authenticity, precision, limits of detection and accuracy of the data; and (6) documentation that the laboratory perfonning the sampling and analyses has an approved quality assurance plan on file with DEP. Based on the results of the above testing, the pennittee shall remove/dredge all contaminated! enriched sediments from that area indicated on Sheet 1 of 24. The permittee shall dredge to a depth to reach clean/non-contaminated!non-enriched sediment or to a rock strata which ever is less. If the area dredged exceeds -5 Mean Low Water (MLW), the pennittee shall backfill with clean (free of any deleterious substances) fill material to reach a final elevation of -5 MLW. All dredging operations shall be carried out in accordance with Specific Conditions Nos. 7, 10-12,29, and 30 of this pennit. If after January 29,2004, the pennittee does not perfonn the sediment testing and dredging as described above, the pennittee shall remove all structures authorized by this pennit prior to March 29, 2004. Prior to January 29,2004, the pennittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed dredging and shall include as-built drawings showing bathymetry of the dredged area as indicated on Sheet 1 of24. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing the entire dredged area prior to any dredging activity, the entire dredged area after any dredging activity with any overdredge areas indicated, and the areas backfilled with clean fill material free of any deleterious substances. The detailed report shall include all sediment data, a description as to the depth ofthe contamination/enrichment, and a statement as to the source of the fill material. p. Specific Condition No. 27: Prior to January "29, 2005, the permittee shall replace the existing seawall surrounding the boathouse basin, as indicated on Sheets 1, 18-20, and 22 of24. The seawall shall be replaced at its existingJocation or upland of or within one-foot waterward of its existing location. A filtration trench shall be constructed according to Sheet 22 of24 of the attached pennit drawings. Page 4226 of 4682 File No. 11-0173190-001 Binding Agreement Page 60f8 This trench shall be maintained in good working order for the life of the facility. Prior to January 29,2005, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 1/2" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. If after January 29,2005, the permittee does not perform the seawall replacement and construct the filtration trench as described above, the permittee shall remove all structures authorized by this permit prior to March 29,2005. q. Specific Condition No. 28: Prior to January 29,2007, the permittee shall elevate the existing boathouse roof and replace all existing CCA boathouse pilings as described on Sheets 1, 18-21 of 24. The roof of the boathouse shall be elevated a minimum of 15' above that indicated on Sheets 14-17 of 24. The pilings shall be non-CCA-Ieaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments, the sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least l' above the seasonal high water line and shall be maintained over the life of the facility). The permittee shall encourage the installation of boat lifts in the boathouse area. Prior to January 29,2007, the permittee shall place a sign in the Marina office, labeled "Dock Bldg" on Sheet 1 of 24, visible to marina patrons. This sign shall be of minimum dimensions of 11" X 17" and shall include information citing the benefits that boatlifts provide to the patron and the environment. Prior to January 29,2007, the permittee shall submit to the Department's Fort Myers District Office, SLERP Compliance and Enforcement Section, P. O. Box 2549, Fort Myers, FL 33902-2549 a detailed report describing the completed work and shall include as-built drawings. The submitted drawings shall be plan and cross-sectional view drawings on 8 112" X 11" paper, fully scaled and dimensioned, legible, signed and sealed by a registered professional engineer, showing all structures constructed with deviations noted. This Agreement is an Order under Chapter 120, Florida Statutes, enforceable by the Department utilizing the remedies provided by Chapters 373 and 120, Florida Statutes. Page 4227 of 4682 FileNo. 11-0173190-001 Binding Agreement Page 7 of 8 This Agreement shall constitute a covenant running with the land and is binding upon PhilO' Connor and his successors and assigns who have a legal interest in the structure. These covenants shall be recorded in the public records of Collier County within thirty (30) days from the execution ofthis Agreement. A copy of the recorded Agreement shall be submitted to the Department within five (5) days of recording. PhilO' Connor hereby warrants that said property is not encumbered by any lien, mortgage, or other encumbrance which may impair the enforceability of these restrictions in the event that Phil 0' Connor becomes divested of title. This agreement is entered into in consideration of the issuance by the Department of Permit No. 11-0173190-001. STATE OF FLORIDA COUNTY OF COLLIER PhilO' Connor Title Date ACKNOWLEDGMENT Execution of the foregoing was acknowledged before me this _ day of ____ , 2002, by . They are personally known to me or provided _______ _ and as identification and did/did not take an oath. (Affix Notary Seal) Notary Public My commission expires: Page 4228 of 4682 FileNo. 11-0173190-001 Binding Agreement Page 8 of 8 ST ATE OF FLORIDA COUNTY OF LEE ACKNOWLEDGMENT Execution of the foregoing was acknowledged before me this _ day of ____ , 2002, by . They are personally known to me or provided ______ _ and as identification and did/did not take an oath. (Affix Notary Seal) ST A TE OF FLORIDA COUNTY OF LEE Notary Public My commission expires: DEPARTMENT OF ENVIRONMENTAL PROTECTION Richard W. Cantrell Director of District Management South Florida District Date ACKNOWLEDGMENT Execution of the foregoing was acknowledged before me this _ day of ____ , 2002, by . They are personally known to me or provided ______ _ and as identification and did/dip not take an oath. (Affix Notary Seal) Notary Public My commission expires: Page 4229 of 4682