01/14/2010 Backup Documents
" UNITED STATES
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Atlantic Coast:
Gulf of Mexico, Puerto
Rico, and Virgin Islands
"
2008 (36th) Edition
This edition has been corrected throul!h: 7th Coast Guard District Local Notice to
Mariners No. 14108, and the 8th Coast Guard District Local Notice to Mariners No.
14108.
Changes 1 through 38 to the previous edition (35th Edition, 2007) have been entered
into this edition.
Changes to this edition will be published in the Seventh Coast Guard District Local
Notice to Mariners, the Eil!hth Coast Guard District Local Notice to Mariners, and
the National Geospatial-Intelligence Agency (NGA) Notice to Mariners. The changes
are also on the internet at http://nautica1charls.noaa.gov/nsdlc:pdownload.htm,
u.s. Deparbnent of Commerce
Carlos M. Gutierrez, Secretary
National Oceanic and Atmospheric Administration (NOAA)
Vice Admiral Conrad C. Lautenbacher, Jr., USN (Ret), Under Secretary of Commerce
for Oceans and Atmosphere, and Administrator, NOM
National Ocean Service
John H. Dunnigan, Assistant Administrator for Ocean Services
and Coastal Zone Management
Washington, DC
for sale by the National Ocean Service and its sales agents
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NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATiON
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NOAA's OO:J,Jne Char;t Viewer
The nautical chart is a fundamental tool of marine navigation. It shows water depths,
obstructions, aids to navigation, channels, shoreline, and more - hopefully all the
infonnatlon mariners need to navigate safely.
......,.
OM's 1,OOO-plus u.s. coastal and Great Lakes nautical charts are viewable here on-lIne.
Each chart Is u~ with the most recent NotIces to Mariners. Use these on-line
charts as a ready reference or planning tool. Use one of NOM's 'J::Ln1'cd9X <jjCi,[t"LGIJiiIL:
on your voyage.
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. Preface . III
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he United States Coast Pilot is published by the National Ocean Service (NOS),
National Oceanic and Atmospheric Administration (NOM), pursuant to the Act of 6
August 1947 (33 U.S.C. 883a and b), and the Act of 22 October 1968 (44 U.S,C. 1310).
The Coast Pilot supplements the navigational infonnation shown on the nautical
charts. The sources for updating the Coast Pilot include but are not limited to field
inspections conducted by NOM, infonnation published in Notices to Mariners, reports
from NOM Hydrographic vessels and field parties, infonnation from other Govern-
ment agencies, State and local govemmentsl maritime and pilotage associations, port '
authorities. and mariners.
This volume of Coast Pilot 5, Atlantic Coast, Gulf of Mexico, Puerto Rico, and Virgin
Islands, cancels the 35th Edition.
NotIce.-Amendments are luued to ibis publkallon tbroulIb U.s. Coast Guard Local
Notk:ea to Marlnen. A subscrlption to the Local Notke to Marlnen b available upon
appBcatlon to the appropriate Coast Guard Dblrid Commander (AIds to Navigation
Branch). CoDllull: Appendix A for addresses. All amendments are also bsued In Na-
tional Geospatlal-InteDigence Agency Notice to MarIners. Mariners may also down-
load and print amelldments from the Internet at htlp:f/oauticaIcbarts.noaa.govl
nsdIcpdownload.htm.
Mariners, and others, are' urged to report errors, omissions, or differing conditions to
those found in the Coast Pilot or shown on the charts, in order that they may be fully
investigated and corrections made. A Coast Pilot Report form is included in the back of
this book and a Marine Infonnation Report fonn is published in the National
Geospatial-Intelligence Agency Notice to Mariners for your convenience. These reports
and/or suggestions for increasing the usefulness of the Coast Pilot, should be sent to
Chief, Coast Pilot Branch (NlCSS!)
Office of Coast Survey
National Ocean Service. NOM
1315 East-West Highway
Silver Spring, MD 20910-3282.
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be expected for 200 miles after leaving Dry Tortugas.
For the next 100 miles the current generally sets Eat
0.5 knot. For the next 200 miles the set is about NNE at
0.2 knot. For nearly 200 miles before reaching
Galveston the set is approximately WNW at 0,2 knot. It
is emphasized that this approximates the long.term
mean current pattern and that it may not be experi.
enced on any particular voyage. (See Loop Current, this
chapter.) Winds and storms frequently modify condi.
tions, and their effecl'i must he taken into account.
. '" I'!!idINavigatlon
(1m II Navigation on the waterways covered by this vol.
ume requires a knowledge of the channel conditions
and other factors restricting navigation. ~neral items
of interest to the vessel operator arefndicated in the
paragraphs that follow; details are given in the text.
(128J Special reguJatlODll governing the use, administra.
tion, and navigation of floodgates and locks of the
Intracoastal Waterway are given in 207.185 and
207.187, chapter 2,
Manmacht canals
(129) In addition to the numerous bayous and natural ca.
nals, thousands of manmade canals have been dredged
in the wetlands along the Gulf coast. While the original
purpose of many of these canals was for private access
to pipelines, well locations, or for other mineraJ~re-
lated activities, some are used by boaters. These canals
and bayous contain numerous obstructions including
barriers, pipes, pilings, and construction debris. Some
of these structures are permanently maintained and
have been suitably marked or lighted by their owners.
Many others appear and disappear without notice and
are uncharled, unlighled, and unmarked. Even on the
marked structures, mariners cannot rely on the mark.
ings always being maintained in good condition be.
cause of vandalism or weather damage. Therefore, all
persons using canals and bayous must anticipate the
hazards posed by these obstructions and navigate with
extreme caution, especially at night and during periods
of reduced visibility.
= '.
.... or CUrves -'
(~ ItfaOOastaI and adjoining waterways there
are many sharp bends which are dangerous to vessels
meeting or passing. On approaching a bend, a vesael
should reduce speed suffiCiently to be able to stop
within half the distance to a ship coming from the op-
posite direction. Under no circumstances should a ves-
sel attempt to overtake and pass another at a bend.
Even with suffIcienl view of the channel ahead and af-
ter proper exchange and understanding of signals, the
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Gulf of Mexico . Chapter 3 . 207
overtaken vessel may suddenly sheer from current ac,
tioo. This is even more pronounced with larger vessels
and tows,
Crosscurrents
(131) Where two streams cross, the current will have a
greater velocity in the deeper channel. This is notice,
able along the Intracoastal Waterway where it follows a
dredged canal cutting across a winding stream. Cross-
current"i will also be noticed where either an inlet from
the ocean or a drainage canal or a river enter the water-
way.
n'" Crosscurrents are especially strong along the
Intracoastal Waterway in San Carlos Bay, The
Rigolets-New Orleans Cut, Chef Menteur Pass, Vermil,
ion River Cutoff, and Brazos and Colorado Rivers.
SpoH banks
(133) Nature quickly covers her scars. This is true of the
spoil banks made by dredging. When awash, these
banks are often covered by grass, bushes, and some-
times fairly large trees.
I134J Water ilyadnth is a floating freshwater pl;mt which
infests numerous streams tributary to the South Atlan.
tic and Gulf Coasts. It has bright green leaves and a
purple flower. It propagates from seeds and suckers,
spreads quickly in most localities, and may cause com-
plete suspension of navigation if not removed. The hya.
cinths form in mals or jams and float around driven by
the wind or current. In open water these mats often re-
semble small islands. At times some of the bays and
tributaries may be changed in appearance due to hya-
cinth jams. Where the water is apt to be brackish, an at-
tempt can be made to force a boat through the mat. In
dOing so, however, care should be laken lhal any logs
that might be floating in the weeds are not struck with
force enough to damage the hull. Snakes may also be
found on the hyacinth mats. The work of removing this
growth is undertaken by the various Corps of Engi.
neers districts and the Slate of Florida by the processes
of spraying, cutting, and the use of booms.
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113S) -Three distinct types of mangrove are found In the S
section of this area. Yellow or white mangrove is found
principally on the sand flats in front of the fast land.
Red mangrove i. rooted in water romt of the time.
Black mangrove grows on sand ridges and higher
ground which cover only at very high water or storm
tides. The black mangrove sometimes grows to a height
of 50 to 60 feet. Along the coast from Cape Sable to
Everglades City, most mangroves grow from 25 to 50
feet high with some stands of red mangroves reaching
~""-'''--~'.-~
208 . Chapter 3 . Coast Pilot 5
,
above 60 feet Along the coast of Florida Bay, the red
and black mangroves generally do not exceed a height
of about 26 feet
.
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C~~mpsand~unkel1~
0361' "Reports are frequently made that vessels have
struck shoals or rocks in rivers which have later proved
to be stumps or sunken logs, Mariners are warned
against navigating too close to the banks of streams
where suhmerged stumps are known or may he ex-
pected to exist.
-
Hurricane moorings
037) On receiving advisory notice of a tropical distur-
bance small boats should seek shelter in a small wind-
ing stream whose banks are lined with trees, preferably
cedar or mangrove. Moor with bow and:stem lines fas-
tened to the lower branches; if possible snug up with
good chafing gear. The knees of the trees will act as
fenders and the branches, having more give than the
trunks, will ease the shocks of the heavy gusts. If the
banks are lined only with small trees or large shrubs,
use clumps of them within each hawser loop, Keep
clear of any tall pines as they generally have shallow
roots and are more apt to be blown down.
~nat_
~J n_. The West Indian Manatee is a marine mammal pro-
tected under the Marine Mammal Protection Act of
1972 and the Endangered Species Act of 1973. These
acts make it illegal to harass, hunt, capture, or kill any
marine mammal. The manatee is a large slow-moving
herbivorous animal that resemMes a blunt-nosed,
stubby-Ilippered seal. These animals mainly inhabit the
waters of Florida, allhough they have been sighted
from S Virginia around the Gulf coast to Texas. They
are quite docile and have no natural enemies, but are
an endangered species, mostly because collisions with
boat propellors cause a larlle number of deaths each
year. In the winter, manatees move from the cooler wa-
ters of the Atlantic Ocean and the Gulf of Mexico and
congregate, sometimes in large numbers, in warmer
freshwater rivers and streams and near the cooling wa-
ter discharge outlets of powerplants. It is during these
high concentration periods that most manatee deaths
OCCUT.
0391 The Florida Manatee Sanctuary Act has been estab-
lished to regulate motorboat speeds and operations in
critical areas of manatee concentration between No--
vember 15 and March 31 (in Withlacoochee River be-
tween March I and September 30). The rellUlaled
zones are marked by large reflective signs. In these
zones, boat operators must reduce their speed to "slow"
or flidle," and no person shall intentionally or
~---'._'-'_._""--""--"'.~
negligently annoy, molest. harass, disturb, co\lidewith,
injure, or harm manatees. Copies of the regulations are
available from the Florida Department of Natural Re,
sources,. Division of Marine Resources, 3900 Common-
wealth Blvd., Tallahassee, FL 32399. Regulated zon..
within the area covered by this Coast Pilot are in Falta
Union Bay, River, and Canal; in the Caloosahatchee
River from San Carlos Bay to the Edison Memorial
Bridge (U.S. 41); in Orange River, and at its confluence
with Caloosahatchee River; in Withlacoochee River; in
the approach to A1afia River from the main channel
through Hillsborough Bay; in the Homosassa River;
and in Kings Bay on the Crystal River, Cautlon zones.
advisory in nature and without the force of law, have
also been established in areas where manatees are
known to gather.
" ,
. ,
Tides '
,
40 _./Periodic tides in the Gulf of Mexico usually are
small and may, therefore, be greatly modified and
sometimes obliterated by fluctuations in the water sur-
face due to winds or other meteorological conditions.
(14" At Key West the mean range of tide is 1.3 feet Ex,
treme variations in the level from 1.5 feet below the
plane of reference to 4 feet above may occur in this lo-
cality.
(142) Along the W coast of the peninsula of Florida from
Cape Sable to Apalachee Bay, the mean range varies
from 0.5 to 3.6 feet. Extreme tides from 3 feet below to
6 feet above the plane of reference have been observed
on this coast.
(143) Along the N shore of the Gulf of Mexico from St.
George Sound to the Rio Grande the tide is generally
diurnal and the range is less than 3 feet. but f1uctua-
lions due Lo the wind from 3.5 feel below l04 feeL above
the plane of reference are not uncommon. During the
severe storms that occasionaJly visit this region, high
waters from 10 to 12 feet above the plane of reference
have been reported at Galveston, Texas, and 12.7 feet
has been observed at Port O'Connor, Texas.
00141 The periodic or astronomical tide, small at the
mouth of the Mississippi River, gradually diminishes as
it ascends the river until it finally becomes completely
masked by the larger fluctuations resulting from mete-
orological conditions. At New Orleans the diurnal
range of the tide during low-river stages averages about
0.8 foot. There is no periodic tide at high-river stages.
There is, however, a large fluctuation in the level due to
the condition of the river. The mean annual fluctuation
at New Orleans is about 14 feet, the water being highest
in the spring months and lowest during the autumn
and early part of the winter. An extreme fluctuation of
21 feet in the river level at this city has been reported.
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"
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Key West to rampa Bay . Chapter 4 . 237
Large apartment buildinl/S on either side of the en-
trance are prominent
'.,-
,
"um Clam Pass, about Smiles N of Naples. is a shoal
drainage canal to Outer Clam Bay. The pass is used
only by outboards in good weather. A fIXed pedestrian
bridge with a clearance of 7 feet vertically, and 12 feet
horizontally crosses Outer Clam Bay. (See 117.1
tbroullh 117.59 and 117.323, chapter 2. for draw- '
bridge regulations.)
(18) WJaiDs Pau, 4- miles N of Clam Pass, is subject to
frequent changes. The pass is used by small craft enter-
ing Cocohatcb.. RIver and the chain of lagoons and in.
land waterways that lead N to the passes in Estero Bay.
A private light marks the approach to the pass. Inside
the pass, a channel, marked by private daybeacons,
leads S to Water 1'urby Bay. There are several marinas
on the N side of the Cocobatchee River near the mouth
that prOVide gasoline, diesel fuel, water. ice. dry stor-
age, and marine supplies. Hull, engine and electronic
repairs can be made; lift to S tons.
01.' A highway leads along the coastal beach from
Bonita Beach on Little HIckory Island and crosses Big
Hickory Pass on a bridge with a 40-(001 fixed span with
a clearance of 10 feet.
(220) A microwave tower, about 7 miles inshore between
Wiggins Pass and Big HIckory ....., is reported to be
prominent. The tower, 71S feet high, is marked at the
lop by a red aircrafllight. A lighted green waler lower
on Big IUcIrory Island and a hotel between Wiggins
Pass and Clam Pass are also reported to be prominent
021) In April 1992, Big Hickory Pass was reported open
for small craft with local knowledlle. Private daybeacons
reportedly mark the channel from the pass S through
Hogue Channel. Big Hickory Bay, and Fish Trap Bay to
Imperial River and also N through Broadway Channel
to New Pass and Big Carlos Pass. Local knowledge is ad-
vised. A marina on the E side of the bridge over Big
Hickory Pass has berths with electricity, gasoline, Wa-
ter, and ice.
l22l) The highway continues N from Big Hickory Pass
over causeways on the islets in the S end of Estero Bay
with bridges over New Pass, the passjust N of Big Hick-
ory Island, and Big Carlos Pass. The bridge over New
Pass has a clearance of 30 feet, and the one over the en-
trance to the lagoon on the E side of Black Island has a
30-foot fIXed span with a clearance of 10 feet. An
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overhead power cable with a clearance of 36 (eet
crosses the entrance to the lagoon just W of the bridge.
023, In April 1982. the reported depth was 4 feet in New
Pass and in the channel leading S to the marinas and
fish camps near Big Hickory Pass. Stakes mark the
channel. In ~'ebruary 1978, a row of pilings. centered in
26022'42'N., 810Sl'S3"W.. was reported to obstruct the
channel through New Pass.
024' Big Carlos ...... marked by lighted and unlighted
buoys, is about 1.5 miles NW of New Pass. A bridge with
a SO-foot baseule span crossin!! Bi!! Carlos Pass from
Carlos Point to Black Island has a clearance of 23 feet at
the center. (See 117.1 through 117.59 and 117.267.
chapter 2. for drawbridge regulations.)
025) High-rise buildings on the S end of Botero Island
are prominent when approaching Bil! Carlos Pass from
the Gulf. other high-rise andlor lower condominiums
dot the Gulf side or Estero Island at its N end.
026) About 1 mile NW of the bridge, a 2.100-foot pri-
vately dredged cut, ISO reet wide with several canals
branching off from it, leads to a basin SOO feet long and
200 reet wide. A marina in the basin has gasoline,
electricity, water, ice, marine supplies, wet and dry
storage. and a pump-out station. Engine repairs can be
made. In March 2007. 6 feet was reported in the ap_
proach to the marina.
Q'7) San Carlos Bay, 41 miles NNW from Cape Romano,
is largely filled with shoals on which the depths vary be-
tween 1 and 6 feet, and is of importance chiefly as the
approach to Caloosahatchee River. the Okeechobee Wa.
terway, and the Intracoastal Waterway, Gulf Section.
The bay and adjacent waters are frequented mostly by
small vessels and yachts, and are popular with tourists
and flShennen during the winter.
l228J SaoIbel Island LIght (26027'1I'N" 82ooo'SI"W.),
98 feet above the water, is shown from a brown square
pyramidal skeleton tower, enclOSing a stair cylinder on
PoInt YboI, the E end of Sanlbe1lsland.
0-'" San Cadoo ~ LlgbtSC(26"25'08"N., 810S7'33"w.),
16 feet above the water, shown from a dolphin, is 3.6
miles SE of Sanibel Island Light and marks the en-
trance to San Carlos Bay.
COI.REGS Demarcation Lines
030) The lines established for San Carlos Bay are de-
scribed in BO.748, chapter 2.
Channels
031) Mab...~ (Estero) Pass opens into the SE end of
San Carlos Bay, 2.5 miles from Sanibellsland Light
--~~-- -_._~, _.......- ...-...."'...... .................
t'age 1 ot j
'Y"Ar{()(")~ ~"'A'L
("", Ie:
Letter June 9, 2009
Thursday, June 25, 20093:25 PM
From: -Blass, Susan M SAl" <Susan.M.Blass@usace.army.mll>
To: tedraia@yahoo.com
Cc: "McElwain, Tunis W SAl" <Tunis.W.McElwaln@usace.army.mil>, "Kinard, Donald W SAJ-
<Donald. W .Klnard@usace.army.mll>
Dear Mr. Raia:
Sir,
Yes, the placement of the non-Ialeral information signs and the canoe trail marken; by the Pelican Bay
Services Division does satisfy lhe requirement referred to in the Department of the Army pennit.
No, the Corps definition of navigability does not require the placement of lateral navigation signs that denote
safe passage as defined by NOAA for navigability.
Yes, Clam Bay meets the definition of navigability as defined by the Corps, All waters subject to the ebb and
flow of the tide meet the Corps definition of navigable walen;.
Respectfully,
Susan Blass
From: Theodore Rala [mallto:tedrala@yahoo.rom]
Sent: Wed 6/24/2009 5:02 PM
To: Blass, Susan M SAJ
Subject: Fw: June 9 Corps letter
Dear Ms, Blass:
I am once more requesting a response to the questions that pertain to your office and responsibilities, The
answers are either yes or no. I am not requesting an explanation although you are free to provide one.. Again:
Specifically, does the placement of the non-lateral infonnation signs and the canoe trail markers by the Pelican
Bay Services Division satisfy the requirement referred to In the Department ofthe Army pennl!? Yes or No
However, does that definition of navigability by the Corps require the placement of lateral navigation signs that
denote safe passage as navigability is defined by NOAA? Yes or No
Clam Bay is extremely shallow with variable depths measured in inches not feet, was not engaged in interstate
or foreign commerce and does not possess the potential to engage in such commerce in the future, Does
Clam Bay meet the definition of navigability as defined by the Corps because of the above? Yes or No,
The answers to these questions will clearly define the position of the Corps in interpreting the permit. If I do not
hear from you within ten days I shall proceed with a request for a Congressional Review and an inquiry by the
Inspector General why these answers are not forthcoming.
eOL (Ret) Theodore J. Raia, MD
-- On Thu, 6/18/09, Theodore Raia <tedra/a@yahoo.com>wrote:
From: Theodore Raia <tedraia@yahoo,com>
http://us.mc338.maiLyahoo.comlmc/showMessage?sMid=20&fid=Clam%2520Pass&fi1ter... 12/9/2009
, STATE OFFLORlDA.
FISHAlID WJLI)LIllECONSmVATlON COMMISSION
PELICAN BAY FOUND~TlON, me.,
}'edtioDer,
FWC Cue No. 09-0033
VI.
FLORIDA FISH AlID WlLDLDl'E
CONSEllVATlON COMMISSION,
RespoIldellt.
I
ORDY.R
Ptllitiunet". Pelican Bay FO'nvl.mOD, Jnc~ cba1Ieoged the is8\'A""" of a letter tempOrarily
authorizing the Applicant, Colli<< CouDly, to iData1l ;1>t-n (18) uuaL.iIl waterwaY waf..."" in
Clam Pass and Clam Bay. On Septembec 3. 2009, applicant :61ed its application to pIaee a series
ofpriVllle aids to uaviJI'rinn, xesul~OQ' markers, and infurmatiOD JDlIIkllnI in waters oftbis slate.
On 0cl0blIr S, 2009, the Fiah 8Dd Wildlife Conservation Cbnnia..lQn (FWC), in error, issued a
lettert""'l""81ily autboJjziDg the Applicant to place tboBe wmLlIS. On October27, 2009, the
FWC recognized this error and rescinded the t<lUJllUlar}' BUthorization letter. The FWC's
rescinding letter dheGled that the Applicant cease all worlr inBtAUing those marl,;." 8Dd RlIIIlMI
any JDlIIkllnI already installed as quickly as is feam"ble under the cir<'>..........."""'. At this timll,
Collier COUDty is not autborized by the FWC to install or maintain iD,. OD, or over the wateRI of
this state within Clam Bay, Oam Pasa. or the adjacent Gulf of Mexico lit Clam Pass any
waterway markers. including but not limited to any privllte aid to navigation; regulatory marlrer,
daDger J;IllIrlcer. or information marker.
i.
53
WJIEIlEPORJ:,
IT IS mr.Rr.RY ORDEBED:
1. The petition in this matter is D~ AS'MOOT.
2. 'Ibis dillU'i....l is withOIlt prqudice to Petitioner I~-'""'B party slIdu8 iftbe app1ic&Dt
files an IUIleIIded application, or chaIleugiDg any subrequeDtly issued wafg ....i 1IIlI1'Irec permit.
DONE AND ORDEBED in Tan..". ml, Leon County, Florida, this 20th day of
, '
November, 2009.
Assistant GemnI Couosel
Fla. Bar No.09S69S3
Florida Fish and Wildlife Conservation
Commission
620 South Meridian Street
TaU......-. Florida 32399-1600
Ftled with tbe Agency Clerk
this..asr:: day of November, 2009.
ATl'BST:
I HEREBY CERTIFY that a true and "'JUect copy oftbe furegoiDg ORDER. bas been furnished
by first-class United States Mail with proper poohogl'l tbe:rlm affixed to Robert P. DiffeIIderfer,
Esq., Lewis Longman & Walker, P.A, 1700 Palm Beach Lakes Blvd., Suite 1000, West Palm
B Florida 33401-2006 this 20th day, of November, 2009.
Assistant GenensI Counsel
2
SL/
CAC September 24, 2009
VIII-' Stall Reports
2 of 11
U.S. Departm ent of.
Homeland Security
United States
Coast Guard
Commander
Seventh eo..st Guard Dtalrict
909 SE First Avenue. Suite 406
.....ml, Fl 33131
Staff Symbol: dpW
Phone: (305) 41s.6746
Fax: (305l415-li757
16518
Serial: 08-084
02 September 2009
Pamela Keys
Collier County Division of Public Services
3300 Santa Barbara Blvd
Naples, FL 34116-660 I
Dear Mrs, Keys.
I am pleased to encl05e the-approved i'ri'fflle AitI&~ Na\iglKiol1 '\PPli"o'i= ~554)
authorizing the establishment of the Clam Pass Daybeacon I and the Clam Bay Buoys 2, 4, 6, 7,
8,9, 10, 12, 13 & Dbn 14. These Class II private aids may be charted and entered in Light List,
Volume II1- Atlantic and Gulf Coasts.
I, This office has no objection to the installation of the information regulatory markers placed
on Clam Pass Daybeacon I, Clam Bay Bridge and Clam Bay Daybeacon 14. The regulatory
markers placed on the Daybeacon must be parallel to the channel when installed.
2. You must not deviate from condi1ions of this application without prior approval. After
installation, the aids will be inspected to verify compliance with the permit. You must submit
accurate positioninl! information UDOn completion of the installation ofthe aid.
3. Discontinuance or change in ownership of the aids must also be approved by this office.
4. Authorization to establish private aids to navigation does not authorize any invasion of
private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying
with any other Federal, state or local laws or regulations.
5. Contact the U. S. Coast Guard Sector St Petersburg Navigation Officer one week prior to the
planned installation of the aids at (727) 502-1522. When you have completed installation of the
aid, advise this office as soon as possible so that we may issue Notice to Mariners information to
update the Light List and appropriate charts.
6, Private aids to navigation must be maintained in proper operating condition at all times. A
discrepancy exists whenever an aid is not displaying the characteristics as per the approved
application. Any discrepancy in the operation of an aid, at any time, shall be promptly reported
to this office so Notice to Mariners information may be issued. Discrepancies are to be corrected
at once; contact the Private Aids to Navigation Officer at (305) 415-6746 when you have done so
and follow-up with a letter confirming repair of the aid.
7. The applicant agrees to save the Coast Guard harmless with respect to any claim or claims
that may result from the alleged negligence in maintenance or operation of an aid.
CAC September 24, 2009
VIII-1 Staff Reports
3 of 11
8. This authorization is valid for one year from the date of this letter, If the aid is not installed
within 1his period, the authorization is automatically void and you must resubmit your
application.
8. When an aid to navigation is established or changed, related information is widely advertised,
included in the Light List and published to update charts. Thereafter, mariners have the right to
expect the aid to display advertised signals, Discrepancies left uncorrected may result in marine
casualties and resultant litigation.
Please ensure an adequate amount of funding will be available for emergency and routine
maintenance. The importance of ongoing maintenance cannot be overstressed.
Sincerely,
Copy: Fish & Wildlife Conservation Commission, Ms. Tara A.lford, FL.
CG Sector St Petersburg
CG A.NT St Pete
USACOE Regulatory Office
2
\:-(,)
Q'lI'1
CAC January 14, 2010
VIII-5a New Business
1 of 12
Executive Summarv
Request a recommendation and authorization from the Coastal Advisory
Committee on how to proceed with the Clam Bay Navigational Markers for
presentation to the Board of County Commissioners.
Obiective: Request direction and authorization from lhe Coastal Advisory Committee on how
to precede with the Clam Bay Navigational markers.
Considerations: At the July 2009 meeting, the Board of County Commissioners directed staff to
proceed with permitting and inslalling the Clam Bay Navigational markers.
FDEP has twice issued staff Consent by Rule based on Administrative Code to inslall
navigational markers and has dismissed the Pelican Bay Foundation request for hearings based
on this rule.
Recently however, FDEP has changed direction indicating that Consent by Rule was improperly
issued. A concern based on water depth has arisen over this being a navigational route instead of
a navigational channel. The navigational route declaration is based on water depth information
that we recently provided them. FDEP is firm on the issue and as such, Consenl by Rule does
not apply and the permit application based on Consent by Rule has been denied. A copy of the
denial is attached.
Another avenue exists with FDEP to obtain navigational marker permits within Clam Bay and
may be considered so as to exhaust all possibility of coming into compliance with the Board's
direction. Collier County can re-file for a Letter of Consent for this work. This requires Board
of Trustee (BOT) Approval and appearance in front of the governor and cabinet. FDEP staff has
indicated their support in this request. This would require a public meeting and would have
objectors and supporters. The application consists of seven (7) items. An administrative
challenge to the BOT could happen but a decision from the BOT may carry more weight than
agency action.
U.S. Coast Guard approved the Navigalional markers in writing on 9/14/09. This approval is
conditional based on Final USCG EnvironmenlaI review. Florida Fish and Wildlife (FWC) do <-
not have jurisdictional approval for navigational markers so their approval is not required.
Two options exist at this time. They are:
a. Since FDEP has denied the permit based on the fact that the Consent by Rule does
not apply, staff can provide this ruling to the Army Corps of Engineers (USACE)
indicating that our permit request has been denied by FDEP and we can't comply to
the USACE permit condition and please close out the USACE permit.
CAC January 14, 2010
VIII-Sa New Business
2 of 12
b. Re-file for a Letter of Consent for this work. As stated above, this will require a
Board of Trustee Approval and appearance in front of the governor and cabinet. This
would completely exhaust all avenues to come into compliance with the BCC
direction to come into compliance with the USACE permit by installing Navigational
markers within Clam Bay.
This item will also be presented to the Board of County Commissioners on February 9,,2010 to
seek direction from the Board on how to proceed.
Advisory Committee Recommendations: No Advisory Committees have reviewed or
contributed to this proposal.
Fiscallmoact: Travel expenses to Tallahassee, FL by two staffmembers can be expected. Staff
time to prepare and monitor this request is expected to be less than 40 hours. Out of pocket
expenses by the County can be expected to be less than $3,000. With Staff time expenses can be
expected to be less than $8,000. Funding is available from the Coastal Zone Management
Operating Fund 111-110409.
Growth Mana2ement Imoact: No impact to the growth management plan would result from
this board action.
County Attornev Findin2s: - Staff is seeking direction on how to proceed. The County
Attorney has been party to all legal issues concerning this item. - CMG
Staff Recommendations: Request that the Coastal Advisory Committee provide staff
recommendation and authorization on how to proceed with the Clam Bay Navigational markers
to review with the Board of County Commissioners.
Preoared by: Gary McAlpin, CZM Director
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('('IV
The Mangrove Action Group Inc.
PO. BOX 770404
Naples, FL 34108
2,108 signatures
The Mangrove Action Group launched a Petition drive to show that there is strong
community desire to keep the Clam Bay Wetlands in it's Natural unaltered state. This
petition reads as follows:
"We, lhe undersigned, supporl the Counly's goal to provide more beach access
al Clam Pass Park. WE OPPOSE THE CCRRENT PLANS THAT WOCLD
DEGRADE THIS SERENE NATURAL RESOURCE PROTECTION AREA
WITH SIGNIFICANT CONSTRUCTION iN UNDISTURBED MANGROVE
HABITAT, DREDGING OUT THE EBB SHOAL, INSTALLING CHANNEL
MARKERS, OR OTHERWiSE ALTERiNG ITS SHALLOW THREE BAY
SYSTEM. "
Volunteers quickly and easily collected 2. 108 signatures from people who value the
Clam Bay/Clam Pass preserve. We urge you to consider strong opposition to proposed
projects in the Clam Pass Natural Resource Protection Area evidenced by the signatures on
this petition. We urge you to responsibly consider compatible uses of this mangrove and
seagrass vegetated wetlands and wildlife preserve that includes the Clam Bay IClam Pass
shallow waterways that are critical habitat for marine. avian and terrestrial wildlife. including
Endangered. Threatened and Species of Special Concern,
Marcia Cravens. I)rt'sidenl '\Ihtll~r()vt' Action Group
Clam Pass: The Entry to a Rare Natural Resource
The Critical Need by Government to Protect and Preserve the NRPA
The Clam Bay Water System is composed of Outer Clam lJay, Inner Clam Bay, Upper Clam Bay and
Clam Pass, These very shallow, meandpring waters are home to hundreds of species of birds, fish,
marine and other animals, grasses dnd a ran.' mangrove forest. This SlO-ac.Tl' conservation area
was the first Natural Resource Pnltec:tion Area and is still the only coastal NRPA in Collier County,
HISTORIC AND MANDATED USE OF CLAM PASS
Prinlary Uses: This undeveloped Coastal Resource Barrier, that protects interior areas from
severe weather and storm surges, is an envirollmental protectioll area: a wetlzlnds hahitat, an
essential fish nursery, d mangrove forest, a safe ahode for marine animals, birds, and other wildlife.
Secondary Uses: Public recreation-s\viIlllllillg, snorkeling, wading, kayaking, canoeing, playing.
NON-NAVIGABLE WATERWAYS
US Coast Guard maps designate Clam Pass as NON'navigable, Seagate motor boaters use it at high
tide, endangering grasses and people in the water; dnd risk their boats grounding on shifting shoals.
I<ayakers and canoeists use it at an}' hour \-vith confidence of safety in its calm, shallow waters.
DREDGING PRACTICES IN THE CLAM PASS
Dredging has NEVER been done to carve a channel or assist the passage of powerboats,
Limited dredging has been done solely for the hiological health of the mangrove forest. Any sand
harvested is a by-product of such dredging and IS of questionable value for beach replenishment.
THE ROLE OF THE EBB SHOAL DELTA
The ebb shoal delta is a buffer that protects llH~ beaches from wave energy. It stabilizes the pass
and adjacent beaches and allows a natural cycle of t'rosion and accumulation of sand.
It provides an important resting place for birds, a critical contribution to their well-being.
THE QUALITY OF THE NRPA AND THE DANGER IN DREDGING OR ALTERING ITS NATURE
The NRPA is composed of a mangrove forest, shallow waterways, and a mudtlat teeming with
microorganisms and invertebrates that support juvenile fish, millions of marine creatures, birds
and animals, A recent, tlawed study attempted to (oudemn it as 'impaired' because its sediment is
rich, deuse, full of chlonlphyll and low in oxygen, That, in brief. is the definition of a swamp, This
one has an impressive biodiversity, is a wildly succc'ssful 'nursery,' and is a flourishing, rare forest.
Harvesting sand from the pass or delta for beach r'eplenishment is a costly practice, It grossly
interrupts the natural cycle and transport of sand along the coast. Dredging provokes massive
erosion in order to fill ill the harvest site, and it destroys suhmerged vegetation and marine life.
Expanded dredging of Clam Pass would significautly alter its primary and secondary uses and
endanger wetlands, mangroves, sea grasses and oyster beds, The risk of such unmerited action to
animal and bird life, to the public, to the State, to tourism is unimaginable and incalculable,
The Mangrove Action Group of Pelican 8ay
December 9, 2009
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7C\V4~ uJ~
u .S. Department
of Homeland Security
United States
Coast Guard
LOCAL NOTICE TO MARINERS
District: 7 Week: 24/09
Issued by:
Conmander, Seventh Coast Guard District
909 SE 1st Avenue, Miam, Florida 33131-3028
Telephone (305) 415-6730 or (305) 415-6751
Fax (305) 415-6757
OffICe hours 7:30 a.m - 4:00 p.m, M-F
BROADCAST NOTICE TO MARINERS
Javigation inforrmtion having been of irTIrediate concern to the Mariner, and prorrulgated by the folloWing broadcasts, has been incorporated In this
notice when still effective:
- CCG07 (07) BNM 659-09 to 668-09
- SECTOR CHARLESTON (CHA) BNM 091-09 to 120-09
- SECTOR JACKSONVlUE (JAX) BNM 115-09 to 123-09
- SECTOR MIAMI (MIA) BNM 103-09 to 103-09
- SECTOR KEY WEST (KWT) BNM 098-09 to 098-09
- SECTOR ST. PETERSBURG (STP) BNM 408-09 to 408-09
- SECTOR SAN JUAN (SJN) BNM 076-08 to 110-09
olOTES: (1) Unless otherwise indicated, rrissing and destroyed structures are presumed to be in the irrrrediate vicinity, rmrlners should proceed with
caution.
(2) The Local Notice to Mariners consists of a Weekly Edition.
(3) Inquiries, Published Articles or Inforrmtion: (e-rmil) Bernard.A.Oukes@uscg.rriI
REFERENCES: Light List, Vol. III, Atlantic and Gulf Coasts, 2007 Edition (COMOTPUB P16502.3).
U.S. Coast Pilot 4, Atlantic Coast: Cape Henry to Key West, 2008 (40th Edition).
U.S. Coast Pilot 5, Atlantic Coast: Gulf of Mexico, Puerto Rico and Virgin Islands 2008 (36th) Edition.
The local Notice to Mariners is available online at:
http://www.navcen.uscg.gov/lnmld7
The United States Coast Guard Navigation Inforrmtion Service (NIS)
Ole United States Coast Guard Navigation Inforrmtion Service (NIS), operated by the USCG Navigation Center, is staffed 24 hours a day, 7 days a
leek. The NIS provides inforrmtion on the current operational status, effective policies, and general inforrmtion for GPS, DGPS, and LORAN-C. The
NIS also dissemnates Safety Broadcasts (BNM), Local Notice to Mariners (LNM), and the latest Notice Advisory to Navstar Users (NANU). NANU
notices can be obtained via ermU subscription through the USCG Navigation Center website: http://www.navcen.uscg.gov/gps/status/default.htm
In addition, the NIS investigates all reports of degradation or loss of GPS, DGPS or LORAN service. Mariners are encouraged to report an
degradation or loss of radio navigation services to the NIS via any of the following: Phone: (703) 313-5900, Ermil:
webrmster@sntp.navcen.uscg.rriI, or on the World Wide Web at: http://www.navcen.uscg.gov
REPORT DISCREPANCIES IN AIDS TO NAVIGATION TO THE NEAREST COAST GUARD UNIT
SAFE BOATING AND SEAMANSHIP PROGRAMS: (See Enclosure Section)
Bridge Construction and Repair - Drawbridge Status - Bridge Inforrmtion: (See Enclosure NuniJer 6)
'age 1 of 34
:oast Guard District
LNM: 24/09
16 June 2009
1013 47th Ed. 01-FEB-Q8
hartTitJe: Straits of Florida and pproaches
Main Panel 379 STR ITS OF FLORID
N083
Last LNM: 17/09
NO PPRO CHES. Page/Side: N/
Terrp) CHANGE
New Ground Rocks L T to 3NM at
CGD07
24-39-59. 75SN
1400 36th Ed. 01..J N~ Last LNM: 17/09 N 083
hartTdIe: Tampa Bay to Cape San Bias
Main Panel 177 T MP B Y TO C PE S N BL S. PagelSide: N/
CHANGE
NOS
Dotted Fish Haven Label; Obstn Fish Haven (auth rTin 3 1/2 frrs) (NOS 27-43-22.500N
NW-17378)
NOS
Dotted Fish Haven Label; Obstn Fish Haven (auth rTin 31/2 fms) (NOS 28-02-59.5ooN
NW-1737S)
CHANGE
1412 44th Ed. 01..JUN~ Last LNM: 22/09 N 083
hartTitJe: Tampa Bay and St. Joseph Sound
Main Panel 175 T MP B Y NO ST JOSEPH SOUND. Page/Side: N/
CHANGE
CHANGE
NOS
Dotted Fish Haven Label; Fish Haven (auth rTin 21 ft) (NOS NW-17378) 27-43-22.500N
NOS
Dotted Fish Haven Label; Fish Haven (auth rTin 21 ft) (NOS NW-1737S) 2S-02-59.500N
1415 8th Ed. 01- UG-Q6 Last LNM: 14/09
hartTttle: Tampa Bay Entrance; Manatee River Extension
Main Panel 2981 T MP B Y ENTR NCE. Page/Side: NI
N 083
CHANGE
NOS
Dotted Fish Haven Label; Fish Haven (auth rTin 21 ft) (NOS NW-17378) 27-43-22.500N
1420 28th Ed. 01..JUL-Q5 Last LNM: 17/09
hartTttle: Havana to Tampa Bay
Main Panel 374 H V N TO T MP B Y. Page/Side: N/
N 083
Terrp) CHANGE
New Ground Rocks LT to 3NM at
CGD07
24-39-59. 75SN
1427 34th Ed. 01-M Y-Q5 Last LNM: 22/09 N 083
hartTitle: Intracoastal Waterway Fort Myers to Chartotte Harbor and Wiggins Pass
Extension 364 FORT MYERS TO CH RLOTTE H RBOR NO WIGGINS P SS SIDE B EXTENSION. Page/Side: B
NOS
CHANGE Depth Legend - HURRICANE BAY; 4 FT 2005 (NOS NW-17430) 26-28-39.700N
1430 27th Ed. 01-M R-Q9 Last LNM: 19/09 N 083
hartTltle: Lostmans River to Wiggins Pass
Extension 363 LOSTM NS RIVER TO WIGGINS P SS SIDE B EXTENSION 2. PagelS ide: B
'age 23 of 34
:oast Guard District
24109
082-26-38. 975W
24/09
OS2-5S-30.100W
OS3-00-44. BooW
24/09
082-5S-30.1OOW
083-00-44.S00W
24109
082-5S-30.100W
24/09
082- 26- 3S. 975W
24/09
081-56-39.400W
24109
LNM: 24/09
16 June 2009
DELETE
Legend; Rep non-navigable 19S2 (NOS NW-17425)
NOS
26-13-09.2ooN
OSl-49-24.500W
1434 28th Ed. 01..JUN-Q8 Last LNM: 43/08 N 083
hartTitJe: Florida Keys Sombrero Key to Dry Tortugas
Main Panel 373 FLORID KEYS SOMBRERO KEY TO DRY TORTUG S. PagelS ide: NI
CGD07
Terrp) CHANGE New Ground Rocks LTto 3NM at 24-39-59. 75SN
24/09
OS2- 26- 3S. 975W
1439 26th Ed. 01..JUL-04 Last LNM: 48/08 N 083
hartTitJe: Sand Key to Rebecca Shoal
Main Panel 356 S NO KEY TO REBECC SHO L. Page/Side: NI
24/09
Terrp) CHANGE
New Ground Rocks L T to 3NM at
CGD07
24-39-59. 75SN
OS2- 26- 3S. 975W
1441 41st Ed. 01-SEP~ Last LNM: 12/09 N 083
hartTitJe: Key West Harbor and pproaches
Main Panel 328 KEY WEST H RBOR NO PPRO CHES. PagelSide: NI
24/09
RELOCATE
Boca Chica Channel Light 8
CGD07
from 24-33-44. 904N
to 24-33-45.023N
081-43-03.905W
081-43-03.850W
1442 35th Ed. 01..J N-Q8 Last LNM: 19/09 N 083
hartTitJe: Florida Keys Sombrero Key to Sand Key
Main Panel 355 FLORID KEYS SOMBRERO KEY TO S NO KEY. PagelSide: NI
24/09
RELOCATE
Boca Chica Channel Light 8
CGD07
from 24-33-44. 904N
to 24-33-45.023N
081-43-03.905W
081-43-03.S50W
1446 32nd Ed. 01-OCT-Q6 Last LNM: 12/09 N 083
hartTitle: Intracoastal Waterway Sugartoaf Key To Key West
Main Panel 330 SUG RLO F KEY TO KEY WEST. Page/Side: NI
24/09
RELOCATE
Boca Chica Channel Light S
CGD07
from 24-33-44. 904N
to 24-33-45.023N
081-43-03.905W
081-43-03. 850W
1460 41st Ed. 01..JUL-Q8 Last LNM: 21/09 N 083
hartTitle: Cape Canaveral to Key West
Main Panel 375 C PE C N VER L TO KEY WEST. PagelSide: NI
24/09
ADD
Obstruction in Fathoms; Obstn
NOS
Chart NO.1: K41 (NOS NW-17437) 25-48-43.900N
080-05- 23. SOOW
1466 38th Ed. 01..JUN-Q8 Last LNM: 07/09 N 083
hartTltle: Jupiter Inlet to Fowey Rocks;Lake Worth Inlet
Main Panel 348 JUPITER INLET TO FOWEY ROCKS. Page/Side: NI
24/09
ADD
Obstruction in Feet; 31 Obstn (rep 2009) Chart No.1: K41 (NOS
NW-17437)
NOS
25-48-43.900N
080-05-23.SooW
1467
41st Ed.
01..JUN-Q8
Last LNM: 19/09
N 083
24/09
'age 24 of 34
:oast Guard District
LNM: 24/09
16 June 2009
Chart 11430
11/3/097:51 PM
Chart: 11430
Edition: 27
Edition Date: 311/2009
Clear Dates: NM - 6/1312009 LNM - 619/2009
Fi
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WIGGINS PASS
bject '0 frequent change.
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Chart 11430
11/3/097:52 PM
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Chart: 11430, Current Edition: 27, Print Date: 311/2009
Lostmans River to Wiggins Pass
Download RNC
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Paoer/RNC Cataloo
~lltem Name ilCharlina Label I~ ilLonaitude ilpllhliRhArl nn""mAn~ IIKaDDllRNC PanelllRNC Posted I
IDelete IILegend IIRep non-navigable 198211N 260 13' 09.200"IIW 081049' 24.500"ULNM 23/09, 7th Dist 11363 1111430 5 116/1812009 I
~ICape Romano Channel DB 2 IIR "2" Priv IIN 250 50' 46.680"11w 0810 40' 38.28o"IILNM 09/07, 7th Dist 1~11143O_3 113/1112009 I
~ICape Romano Channel DB 4 IIR "4" Priv IIN 250 50' 54.240"11w 0810 40' 34.932"IILNM 09/07, 7th Dist 1~111430 3 113/1112009 I
~ICape Romano Channel DB 6 IIR "6" Priv IIN 250 51' 08.88o"llw 081040' 24.300"IILNM 09/07, 7th Dist 1~111430 3 113/1112009 I
~ICape Romano Channel DB 8 IIR "8" Priv IIN 250 51' 21.840"11w 0810 40' 16.560"IILNM 09/07, 7th Dist 1~111430 3 113/1112009 I
i~ICape Romano Channel DB 9 11<3 "9" Priv IIN 250 51' 24.900" IIw 0810 40' 19.440"IILNM 09107. 7th Dist 1~111430 3 113/1112009 I
1~ICape Romano Channel DB 10 IIR "10" Priv IIN 250 51' 44.280"llw 0810 40' 08.100"IILNM 09107, 7th Oist 1~111430 3 113/1112009 I
1~lcape Romano Channel DB 1211R "12" Priv IIN 250 51' 55.OS0"11W OS10 40' 04.260" IILNM 09/07, 7th Dist 1~111430 3 j13/1112009 I
~ICape Romano Channel DB 1311G "13" Priv IIN 250 51' 56.76o"11W OS10 40' 07.92o"IILNM 09/07, 7th Dist 1~111430 3 113/1112009 I
~ICape Romano Channel DB 1411R "14" Priv IIN 250 52' 10.s60"11w OS10 40' 05.940"IILNM 09/07, 7th Dist 1~111430_3 113/1112009 I
~lIcape Romano Channel DB 1611R "16" Priv IIN 25052' 31.560"lIw OS10 40' 19.32o"IILNM 09/07, 7th Dist 1~111430_3 113/1112009 I
~IICape Romano Channel DB 1711<3 "17" Priv ---1IN 250 52' 44.460" IIw OS10 40' 19.140"IILNM 09/07, 7th Dist 1~111430_3 113/1112009 I
~IICape Romano Channel DB 1911G "19" Priv IIN 250 52' 59.160" IIw 0810 40' 02.s20"IILNM 09/07, 7th Dist 1~111430_3 113/1112009 I
~~ Romano Channel DB 20 IIR "20" Priv !IN 250 53' 09.600" IIw 0810 39' 42.060"IILNM 09/07, 7th Dist 1~111430_3 113/1112009 I
1~lcape Romano Channel DB 2111G "21" Priv IIN 250 53' 20.040"11w 081" 39' 27.540"IILNM 09/07, 7th Dist 1~111430 3 113/1112009 I
1~ICoon Key Shoal Daybeacon IIw Bn Priv IIN 250 53' 44.580"11w 081038' 26.220"IILNM 09/07, 7th Dist 11361 1111430_3 113/1112009 I
~ICoon Key Shoal Daybeacon IIw Bn Priv IIN 250 53' 44.5so"llw 0810 3S' 26.220" IILNM 09/07, 7th Distll362 1111430 4 113/1112009 I
ilChange IlCapri Pass Oaydeacon 8 IIR "8" ~IN 250 58' 16.177" IIw 0810 44' 35.993" IINot Yet Published 1~111430_3 113/1112009 I
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Vllhile information provided by this listing is intended to assist in the updating of nautical charts, it must not be used as a substitute for the United States Coast Guard,
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The information available on this listing is derived from the NOS Critical Chart Corrections database (CRIT), which is used as an in-house chart production tool, and
may contain some naming conventions, textual abbreviations or acronyms that are unfamiliar to the general public.
Due to ongoing development of the NOS Critical Chart Corrections database (CRIT) throughout the previous decade of the 1990's, channel tabulations, depth
legends, depth notes and chartlets may not be induded in chart update listings prior to January 2000.
Requesting this listing signifies acknowledgement of having read the above disclaimer.
TERMS AND CONDITIONS
1. The user agrees not to copy or distribute the chart updates from this listing, nor to send the chart updates from this listing to any other server or location for further
reproduction or distribution, unless the following conditions are followed: a) the NOAA Chart Update Disclaimer in its entirety is displayed to anyone who accesses the
http://ocsdata.ncd.noaa.gov/nm/resultlist.asp?Chart=11430
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