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CAC Agenda 04/08/2010 R Collier County: AprilS, 2010 Page 1 of2 April 8, 2010 MEETING AGENDA & NOTICE MEETING AGENDA 8< NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, APRIL 8,2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) SJlO--5:h!ne_Law on Aaenda OuesMRS PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. MIDJ;b. ;l1~ ~ VII. Staff Reports 1. _t;X:RiID.d..e.c! Revenue ReDOrL~".Gilr)"...McAIDin 2. Proiec.l..C_QJ!il.BePQf.t-.:__Garv McAlpin VIII. New Business 1. Emergency Truck Haul Project - Doctors Pass and Park Shore a.l;ngil1eerina Statusl Permit b. CQm;:~Dtual Constntttion.Pla.n 2. Fiscal Year 10/11 Budget Discussion a. EiscatY-.ei'LJ,Q111 BudDet AnjlJy.sis b. fund 195 10 Ye_iLPJjffi c.Eis..!:OiJLyear 09/10 Granl,ADDlications wAI19J1mtGJ.Lid.eJl!:1e..5. d.FJscal Year 10/11 Grant ADDlications wlttLGrant Guidelines 3. Wiggins Pass Inlet Permit Application Update a. RAI ~Qmm.entL:- FDE~_ b. Inlet_~~II~gement Plan al:tcl,_t;!1JlkQnment~L:(ITI-R~C~ Study_ 4. Uncompleted Word Awarded on BVO Contracts a. N~~h Coulll.Y:-.E'~~ses_-=- CP8tE 5. tt....IJ:~Restoration_G.r~!1t.Proaram Poli~YJ~J:9RQS.ill a. Gr~nt.ADDlicationJrOJIlPark Shol]:~ IX. Old Business 1. Clam Bay Subcommittee - Update a. A.!1t!Jooy.,pires e_::'Jn_i;ijl$__d~_l;e_d.3/2711J! anc:t31 1.911JttQ._Steve FeldIJQ\t!i Reaardin--9JN'ork5_b2R~ b.fiflal Version .e.rOPQ$.al to PDSjt~~eLRe:Yiew_ X. Announcements XI. Committee Member Discussion http://v.ww.colli ergov .net/index. aspx ?page=2 907 4/7/2010 Collier County: AprilS, 2010 Page 2 of2 XII. Next Meeting Date/Location May 13, 2010 - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/index.aspx?page=2907 4/7/2010 OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires, Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee Colleen M. Greene, Assistant County Attorne~0 March 18,2010 FROM: DATE: RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary, the answer is no. The Sunshine Law Manual (2009 Ed. Vol. 31) provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting; if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014,1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February I, 20 I O. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17,2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March II, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 www.colliergov.nct www.twitter.com/CollierPl 0 www.facebook.com/CollierGov March 17,2010 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COASTAL ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, APRIL 8, 2010 Notice is hereby given that the Collier County Government Coastal Advisory Committee will hold a public meeting on Thursday, April 8 at I p.rn. at the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples. Two or more members of the Pelican Bay Services Division Board may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Pelican Bay Services Division Board meeting. Two or more members of the Tourist Development Council may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Tourist Development Council meeting. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright (239) 252-2966. -End- CAC April 8. 2010 VI~1 Approval of Minutes 1 of 10 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, March 11,2010 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires Murray Hendel Jim Burke Ted Forcht Victor Rios Robert Raymond Joseph A. Moreland John Arceri ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples CAC April 8, 2010 VI-1 Approval of Minutes 2 of 10 I. Call to Order Chairman Sorey called the meeting to order at I :02 P.M. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll Call was taken with a quorum established. It was noted this is Mr. Forcht's last meeting as a member ofthe Coastal Advisory Committee and Chairman Sorey recognized his service to the Committee. Mr. Hendel moved to appoint Mr. Arceri to the Coastal Advisory Committee. Second by Mr. Rios. Carried unanimously 8- O. IV. Changes and Approval of Agenda Gary McAlpin, Director, Coastal Zone Management noted the following additions to the Agenda: Item VllI.9 - CAC Workshop with Pelican Bay Workshop Item VllI.IO - Consulting Services with James Lee Will Associates Item VIII. IO.a. Backup Material Item VllI.l1 . Vanderbilt Beach Parking Services Item VIII.II.a - Backup Material Mr. Arceri recommended the following items be deleted from the Agenda, as the PBS&J Report and related recommendations have already been acted on by the Clam Bay Subcommittee, the Coastal Advisory Committee and the Board of County Commissioners. Item IX 2. - Wanless Report Item IX2.a - Marcia Cravens e-mails Item IX2.b - Wanless review of PBS&J Report Mr. Pires objected noting he requested the item be placed on the Agenda for informational purposes since the Clam Bay issues are still relevant to the Committee. Mr. Rios agreed. Chairman Sorey polled the Committee on Mr. Arceri's recommendation and requested members who did not want to hear the item indicate by declaring "no." Mr. Arceri, Mr. Forcht. Mr. Raymond, Mr. Iiendel, Mr. Burke and Mr. Moreland voted "no." Mr. Rios and Mr. Pires voted "yes. " The items were removed from the Agenda. Mr. Hendel moved to approve the Agenda as amended. Second by Mr. Rios. Motion carried 8 yes. 1 no. Mr. Pires voted "no." V. Public Comments CAC April 8, 2010 VI.1 Approval of Minutes 3 of 10 Mike Field, Gulf View Beach Club Assoc. appeared in front of the Committee providing photos and testimony regarding a severe beach erosion problem from an area South of Doctors Pass to the frontage of the Beach Club. The problem has intensified since January of this year until now. He expressed concern if the area continues to erode, there will be property damage. Bill West, Indies West provided photos and testimony of a similar problem on the beach frontage area at Indies West. Gary McAlpin noted the area was last subject to maintenance in 2005 when a major re-nourishment of County beaches was completed. The area was re-nourished to a width of 100 feet and is now severely eroded. The County is aware the area is historically a "hot spot" (area subject to high erosion). It is intended to address the issue during the next Re-nourishment Cycle. If directed by the Committee, an intermediate maintenance plan may be developed. It would take approximately 6-9 months to implement a plan which would rcquire engineering studies, Florida Department of Environmental Protection approvals, etc. Margaret Grant, Indies West verified the comments ofMr. Field and Mr. West and added the surge caused by the last two hurricanes was less than what has been experienced this winter. In addition, the Sea Oats planted have been lost due to the erosion. Discussion occurred on the ramifications of waiting until the next Re-nourishment Cycle as property damage may occur. Chairman Sorey is extremely concerned as the erosion is the worst he has seen. The area by the Naples Beach Hotel is suffering the same erosion. He recommended the item be placed on the next Agenda. Gary Strauss, Le Parc Condominium Complex addressed the Committee noting there is a similar problem north of Doctors Pass to Clam Pass Beach. It is affecting the public beach access due to the lack of beach width and recommended immediate maintenance be undertaken or the public access be closed off. Discussion occurred on the ramifications of undertaking an emergency repair without properly addressing the problem over a long-term basis. Mr. Hendel moved to direct Staff to prepare a preliminary emergency maintenance plan including identification of the root cause of the problem, the alternative solutions, the cost of the alternative solutions, the length of time the alternative solutions would address problems and an analysis of future conditions of the area should no maintenance be undertaken at this time. The item to be placed on the next meeting Agenda. Second by Mr. Pires. Carried unanimously 9-0. VI. Approval ofCAC Minutes GAG April 8, 2010 VI-1 Approval of Minutes 4 of 10 1. January 14,2010 Mr. Rios moved to approve the minutes of the January 14, 2010 meeting subject to the following changes: . Page 2, Item VI.I line 5 - from "County Clerk" to "County Clerk as interest income to the Office according to the Florida Statute. " . Page 8, paragraph 5, and bullet point #3 - from "The PBS&J Report and the three recommendations..." to 'The PBS&J Report was reviewed and their three recommendations..:' Second by Mr. Forcht. Carried unanimously 9-0. Vl1. Staff Reports Gary McAlpin noted, in relation to Doug Finlay's concern outlined at the previous meeting on the Jetties at Doctors Pass, the permit is valid for 1-2 more years and he will address the concern at next months meeting. PBS&J has updated their Report on the Clam Bay System and requested Committee members submit their comments to Staff. 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009 - 2010" updated through February 2010. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/2010 TDC Category "A: Beach Maintenance Projects" updated through March I, 20 I O. Vl1I. New Business 1. Appointment of Marco Representative to CAC - This item was heard directly after Roll Call 2. Appointment of CAC Member to the Clam Bay Subcommittee Mr. Sorey moved to appoint John Arceri to the Clam Bay Subcommittee. Second by Mr. Forcht. Carried unanimously 9-0. Speaker John Domenie, Pelican Bay Resident addressed the Committee offering Mr. Arceri a guided tour of the Pelican Bay Community with its relation to the Clam Bay System. 3. AprilS, 2010 Agenda Item: Fiscal Year 2011 Proposed Budget Plan; Grant Gary McAlpin presented the Executive Summary "Application Presentation; Forecasted Revenue Fiscal Year 2011 Update the Coastal Advisory Committee on Revenue/Budget items scheduledfor the AprilS, 2010 CAC meeting" dated March 11,2010. He noted the item is provided as a primer to next months meeting when the budget will be presented for review. CAC April 8, 2010 VI-1 Approval of Minutes 5 of 10 Mr. Hendel requested an update on the Grant funding the re-vegetation proposed for the condominium complexes of Park Shore, Le Parc, etc. Gary McAlpin noted the Grant application is being prepared by Pam Keyes of Coastal Zone Management and he recommended Mr. lIendel contact her regarding its status. Most of the plantings occur east of the erosion line, on private property, and are not required of the landowner. The landowners provide easements to the County for the plantings and the Program is a benefit to the County in protecting the beaches from storm erosion. 4. FEMA Reimbursement Update and Status of our Mandatory Reserve Accounts Gary McAlpin presented the Executive Summary "FEMA Reimbursement Update and Status of our Mandatory Reserve Accounts" dated March 11, 2010. a. Backup Material The document "Tropical Storm Gabrielle. hurricanes Katrina & Wilma storm impact re-assessment report 1995-1996 Collier County beach nourishment project" Prepared for: Collier County Coastal Zone Management, Prepared by: Coastal Planning & Engineering, Inc." dated January 2010 was presented for review. lie noted the item was for informational purposes and the FEMA re- imbursements are intended to be utilized for the County's Beach Re- nourishment Program. 5. Wiggins Pass Subcommittee Update/Status Gary McAlpin presented the Executive Summary "Wiggins Pass Subcommittee Update/Status" dated March 11, 2010. a. Backup Material Correspondence with State Agencies and minutes from the Subcommittee meetings. lie noted: . The Subcommittee has met 3 times . The JCP (Joint Coastal Permit) application for the proposed improvements to the Pass has been reviewed extensively, and submitted to FDEP and the USACE. Agency comments are expected within 30 days. . The Florida Park Service is not supporting the permit application at this time and is in the process of outlining concerns to be addressed. . FDEP is now requiring a complete rewrite to the Inlet Management Plan as part of the permit application. . Staff has applied for FDEP cost sharing funding to help pay for this activity, which is expected to cost $250,000. CAC April 8, 2010 Vl-1 Approval of Minutes 6 of 10 . A work team to address the rewrite of the Plan is being proposed for the CAC and BCC consideration. . A meeting with CDES was held to determine the requirements for issuance of a "consistency letter." Gary McAlpin noted the issues with the Florida Park Service revolve on remedial improvement actions to be undertaken to protect the Delnor- Wiggins State Park property should certain events occur following the improvements (remedial dredging may need to occur if certain conditions dictate, etc.) 6. Wiggins Pass Inlet Management Plan Work Team Recommendations Gary McAlpin presented the Executive Summary "Recommend that the Coastal Advisory Committee approve the structure of the proposed Inlet Management work team for Wiggins Pass as recommended hy the Wiggins Pass Suhcommittee" dated March 11,2010. He noted it is Staffs recommendation to appoint the following members to the Work Team: Joe Moreland - Chairman of this commillee and Collier County representative on the CAC Victor Rios - Marco Island representative on the CAC Bob Raymond - Naples representative on the CA C Nicole Ryan - Representative of the Conservancy ofSW Florida Dick Lydon - Representative of the Vanderbilt Beach TBD - Representative of the Boating Community Tom Crowe - Representative of the Friends of Barefoot Beach Jeff Raley - Representative of the Florida Park Service (DWSP) Jack Kindsvater - Representative of the ECA Mr. Moreland confirmed Staffs recommendation is consistent with the direction provided by the Subcommittee. It was noted the Work Team will operate in accordance with the Sunshine Law. Mr. Moreland moved to recommend the Board of County Commissioners appoint the Work Team to develop the Wiggins Pass Inlet Management Plan as outlined by Staff Second by Mr. Rios. Carried unanimously 9-0. 7. Clam Bay Subcommittee Update/Status Gary McAlpin presented the Executive Summary "Clam Bay Suhcommillee Update/Status" dated March 11, 20 I O. a. Backup Material Minutes from the March 1,20 I 0 Subcommittee meeting. He noted the Subcommittee has met one time, developed a Mission Statement and defined the boundaries of the "Clam Bay Estuary System" (CBES). CAC April 8, 2010 VI-1 Approval of Minutes 7 of 10 Chairman Sorey recommended in addition to a written definition of the CBES, a map be developed delineating the area, Speaker Marcia Cravens, Mangrove Action Group noted the Clam Bay Conservation Area and Natural Resource Protection Area (NRP A) detine the Coastal Barrier Resource Area (FL64P) meeting a criteria as "undeveloped," In addition it is identified as an "Otherwise Protected Area" which is the NRP A. The CBES defined by the Subcommittee on February 1,2010 was the NRPA. The NRPA has never been maintained or managed for navigation. She submitted a copy of an email from Gary McAlpin to Colleen Greene on "how to get over the Pelican Bay Covenants and restrictions" and how to dredge the area for navigation for review by the Committee. Rick Dykman, Seagate Homeowner addressed the Committee noting the community's number one priority is health and safety of the system and requested the County continue to move in that direction. Mr. Pires noted the permitted uses in the NRPA by definition include "boat trails and boat docks not to exceed 500 square feet per dock." Gary McAlpin noted the email referenced by Ms. Cravens was a request for a legal opinion dealing with dredging within Clam Bay. 8. Best Value Offer (BVO) Payment Issues with Clerk of Courts Gary McAlpin presented the Executive Summary "Bva Payment Issues with the Clerk of Courts "dated March 11,20 J O. a. Backup Matcrial Submitted. He noted the item is for informational purposes and the County Clerk has ceased payments on contracts involved in the BVO process. Any consultants affected have been issued a 'Stop Work Order." The Order directly affects the work being conducted on the Clam Bay Management Plan and County's physical monitoring of beaches. Speaker Marcia Cravens, Mangrove Action Group expressed appreciation to County Clerk Dwight Brock whose responsibility it is to scrutinize contract processes including if the BVO is a "legal process." 9. CAC Workshop with Pelican Bay Community Gary McAlpin noted he and Chairman Sorey have determined a public "Workshop Meeting" may be beneficial to all involved to ensure accurate information is being disseminated to the public regarding the actions taken by the CAC April 8, 2010 VI-1 Approval of Minutes 8 of 10 Coastal Advisory Committee in relation to the management of the Clam Bay Estuary System. Staff will attempt to schedule the Workshop in April. A similar Workshop may be held for the Seagate Community as well. Mr. Pires left at 2:53 pm 10. Consulting Services with James Lee Witt Associates Gary McAlpin presented the Executive Summary "Recommendationjor the CAC and TDC to approvefunding in the amount of$25, 000 with James Lee Witt Associates, to provide consultant support to facilitate the resolution ofFEMA payments for beach damages during Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wi/ma"dated March 11,2010, a. Backup Material "Task Order No. 06-4056.1- Statement of Work/or PW Facilitation and Closure" - James Lee Witt Associates, dated February 11, 2010. Mr. Rios moved to approve (the recommendation in the Executive Summary for the CAC and TDCto approve funding in the amount of $25, 000 with James Lee Wilt Associates, to provide consultant support to facilitate the resolution of FEMA payments for beach damages during Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma)." Second by Mr. Forcht. Motion carried unanimously 8-11. Mr. Pires returned at 2:54 pm Break: 2:54 pm Reconvened: 3:00pm 11. Vanderbilt Beach - Beach Park Facilities Gary McAlpin presented the Executive Summary "Vanderbilt Beach - Beach Park Facilitiesfor Sharing and Discussion" dated March 11,2010. a. Backup Material "Landscape Construction Plans for Concessions + Restrooms - Vanderbilt Beach, Collier County Florida - 50% Complete Drawings" Gary McAlpin outlined the County's proposal of constructing new restrooms and concessions stand and related facilities for Vanderbilt Beach at the west end of Vanderbilt Beach Road highlighting the following: . In accordance with FEMA guidelines, the structure for the concessions stand, viewing deck, shade structure and storage area etc. will be elevated approximately 10- II feet above the elevation of the beach. . The structure is 3,800 square feet in size meeting handicap standards and funded by the Tourist Development Council via the Beach Park Facilities account. CAC April 8, 2010 VI-1 Approval of Minutes 9 of 10 . The Pelican Bay Foundation is required to approve the project. They have contacted the Vanderbilt Residents Association and Ritz Carlton who indicated they are opposed to the project. . The Associations and Ritz Carlton feel the deck is too large, opposed to concessions and the facility will be an attractive nuisance to wildlife in the area. . The proposed facility would be consistent with the existing facilities at Clam Pass Park, Barefoot Beach and Tigertail Beach. . The proposed facility is substantially smaller than the similar beach facilities provided in the area by the Pelican Bay Services Division and Ritz Carlton. The item is for informational purposes for the Coastal Advisory Committee and scheduled for review by the Board of County Commissioners on April 13, 2010. IX. Old Business 1. Naples Outfall Pipes Permit Compliance Gary McAlpin presented the Executive Summary "Nap/es Outfall Pipes Permit Compliance - Update" dated March 11, 2010 a. Backup Material The report "City ofNap/es Beach Outfall System Coasta/Impact Assessment & Management Plan" Prepared by Humiston & Moore Engineers February 2010. He noted the existing FDEP permit requires the adoption of a Management Plan addressing the removal of the outfall pipes on the Naples beach. The outfalls need to be addressed to FDEP's satisfaction before FDEP will issue a Notice to Proceed for additional re-nourishment activities. A plan has been submitted requesting the permit condition be lifted due to it is "financially unfeasible" and the structures are not causing environmental degradation. Chairman Sorey noted the City of Naples is still committed to removal of the outfalls and is investigating feasible alternative solutions. Speaker Marcia Cravens, Mangrove Action Group commended the City of Naples for addressing the issue. 2. Wanless Report a. Marsha Cravens e-mails b. Wanless review of PBS&J Report This item was de/etedfrom the Agenda. X. Announcements None CAG April 8, 2010 VI-1 Approval of Minutes 10 of 10 XI. Committee Member Discussion Mr. Forcht thanked Gail Hambright, Gary McAlpin and Committee members for their assistance during his tenure on the Committee. Mr. Pires noted the Request for Additionallnfonnation for the Joint Coastal Permit application for Clam Pass has been completed by PBS&J who confirmed to the FDEP the application is not intended to revise the existing "dredge template." Gary McAlpin noted the County has filed a permit application for a "Letter of Consent" for the aids to navigation in Clam Bay. XII. Next Meeting Date/Location April 8, 2010 - Government Center, Administration Bldg. 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Tamiami Trail Naples, FL 34112 Subject: Collier County, Florida, Small Beach Berm Restoration Project Scope of Work Dear Gary: Enclosed is a scope of work and fee proposal for the small berm berm restoration project for Collier County, Florida. The hourly not to exceed cost for these services is $41,075. The services include a wading depth survey, preparation of plans and specifications, construction management using the Coastal Zone Management inspector and a conceptual plan to address the two hot spots during the next beach nourishment. If you have any questions regarding this scope of work, please call me. Sincerely, COASTAL PLANNING & ENGINEERING, INC. Stephen Keehn, P.E. Senior Coastal Engineer cc: Sheri Dindial, ePE f:marketing/proposalslfl counties/collier/201 0/20 10 cc small truck...Icover letter GAG AprilB, 2010 VIll-1-a New Business 2 of? Small Beach Berm Restoration Project Collier County, Florida Scope of Work In response to the hot spot erosion at two locations within the Collier County Beach Nourishment Project area, engineering and permitting of a small berm restoration project is proposed. The project would extend along approximately 1000 feet of the Park Shore shoreline near Seagate Drive (R45-R46) and 1200 feet south of the Doctors Pass groins (R58A-R58). The hourly not to exceed fee for these services is $41,075. I. Survey CPE will use existing surveys conducted in October 2009 supplemented with wading depth surveys at 200 to 400 foot intervals. The surveys will be conducted using the same control and procedures defined for the annual monitoring surveys. The survey will be conducted in conjunction with another regional survey 2. Berm Desil!D Berm Design Section Development: The berm design will be based on the design established in the last nourishment project and be sufficient to restore the protective and recreational quality to the beach. Historic profiles will be analyzed to identifY the range of natural berm elevations, crest widths and slopes. Survey profiles will be used to develop the shape and positioning of the cross-sections for a project along the shoreline that will work in synergy with the existing beach structures. The initial designs will be coordinated with the Coastal Zone Management Department. The planform layout of the final berm section will be developed for each reach using recent aerial photography and beach profiles surveyed in I above. The likely sand source for this project will be an upland sand mine or local aggregate supplier. Sand suppliers will be contactcd and representative sand samples or descriptions will be obtained by CPE. Sand samples will be sieved and analyzed to determine the quality of sand available from potential sources, or sand descriptive tables and curves will be analyzed for compatibility. The sand quality guidelines developed for the on-going County beach project is the desired standard. If the industry cannot support this standard, an alternative will be proposed for review and approval by the Coastal Zone Management Department and permit agencies. Transportation of sand to the project site will probably be by trucking. Sand stockpile areas and construction access points will need to be identified. With assistance from the Coastal Zone Management Department, CPE will hold discussions with prospective sand suppliers and contractors to develop the most efficient construction procedure. Access routes, staging areas and construction methods will be coordinated with owners through the Coastal Zone Management Department. The engineer will make a site inspection and be available to meet with owners at a meeting coordinated by the Coastal Zone CAC April 8, 2010 VIII-1-a New Business 30f7 Management Department, if desired. The use of conveyor systems will be considered to place sand will be considered. Construction costs for the project will be estimated based on the project design volumes, sand source locations, sand characteristics, and construction procedures. Cost may depend on the competitiveness in the industry. CPE will assist the County with the identification of potential easement areas and the County will provide construction easements or permission from the upland owners and assist in securing a truck route through the development to the beach. 3. Permit Application and Processine: A CCCL permit (62b-33, F.A.C.) is required from the Florida Department of Environmental Protection (FDEP) prior to construction of the berm. Since work will be limited to above Mean High Water, a permit from the Jacksonville District U.S. Army Corps of Engineers (USACE) will not be required. Construction activity will occur outside turtle nesting season, avoiding comprehensive coordination with FFWCC and FWS on turtle issues. It is not yet known if the existing 80 will be sufficient for the project. Thc Engineer will apply to the FDEP and provide project documentation. Items contained within the initial application will include design details, project justification, construction fill volumes, and sand characteristics. The Engineer will develop one response to requests for additional inf()rmation (RA\) from the permit agencies. Upon receipt of a draft permit, the Engineer will review state permit requirements with the County. The Engineer will use his best effort and experience to obtain permits from the FDEP. Factors beyond the Engineers control, such as Governmental policy changes or Section 120 State Administrative Hearings may prevent the issuance of permits. The permit fee will be paid for by the County. 4. Preparation of Construction Plans & Specifications Construction plans and technical specifications will be prepared for the project. The construction plans will include plan views and representative cross-sections sufficient for the construction of the project. The plans will provide survey monumentation information which will allow the contractor to control and construct the berm project. Cross-section will be identified on the plans, along with a baseline for the profiles. The plans will delineate construction staging areas and access points, and will be based on previous plans for the area. Technical specifications and a suggested bid form will be developed for the project which can be attached to the County's front end documents for bidding. CPE will prepare the Technical Provisions and Environmental Protection specifications. Technical Provisions will describe the berm fill layout, mobilization and demobilization from the project area, clean-up requirements and other issues related to construction of a truck haul project. It will identify the method of payment to the contractor and the CAe April 8, 2010 VIIl-1-a New Business 40f7 clauses for liquidated damages, if necessary. The bid form will be developed with this section. The sand quality standard approved by the County and the permit agencies will be included in the specification. The design and pay qualities will be based on tonnage, the unit of measure used for upland sand sources. The specifications will identify the equivalent approximate yardage. The specifications will require the contractor to take pre- and post-construction surveys of the fill area at specified intervals. to verifY placed location and volume. The survey will be limited to the dry beach. A section on Environmental Protection will be included within the technical specifications. This section will identify the important clauses contained in the permits, including a copy of the permits received for the project. The contractor will be advised that he is required by law to abide by all the conditions provided by the State permit for the project. Issues to be addressed in this section include protection of environmental resources, restoration of landscape damage, maintenance of pollution control facilities and a requirement for an environmental protection plan. The Engineer will provide up to four (4) sets of plans and technical specifications for use by the County, along with copies in Acrobat format. 5. Contractor Biddin2 and Construction Phase I - Bidding The Engineer wi II assist the County in the selection of a contractor for the berm restoration project. The County's purchasing department will manage the bidding process with assistance from thc Engineer and Coastal Zone Management Department. The Engineer will provide a list of eligible contractors to the County for bidding purposes. In conjunction with the County, the Engineer will attend a pre-bid conference by telephone if required. The pre-bid conference will provide an opportunity to describe the project and to solicit questions from potential contractors. The conference will be conducted at the location determined by the County and a tour of the project area should be conducted with the potential contractors to address any additional questions. County representatives may be present to address issues related to infrastructure, County requirements and any other issues affecting the local government. The potential contractors will be provided thirty (30) days to submit a bid for the project. The Engineer will answer questions during bidding and issue addenda as required. The Engineer will assist the County in reviewing the bids and evaluation of the low bidder, taking into consideration the capability of the contractor (low bidder) in constructing the project. The Engineer will provide the County a recommendation concerning the selection of the contractor. The Engineer will assist the County in negotiating with the low bidder. The berm restoration project is a truck-haul sand project that can take up to sixty (60) days. The management team will be centered around the County observer/inspector. The County inspector will be supervised by the Collier County Coastal Zone Management CAC April 8, 2010 VIII~1~a New Business 5of7 Department and supplemented by the CPE engineer. The construction is expected to last no more than sixty (60) days depending on the final size of the project. The quantity of the fill will be approximately 10 cubic yards per linear foot. The purpose of the construction services is to observe construction, collect weight tickets, verify fill volume placed and coordinate between the local community and the Coastal Zone Management Department. This project is broken down into three phases. This scope of services has been developed to support Coastal Zone Management Department's supervision of a truck-haul project. CPE is available to back up the Coastal Zone Management Department's coastal projects manager. In addition since the project length, duration and volume may be modified during construction, the project is proposed as an hourly contract. Phase II - Pre-Construction Services The pre-construction services will consist of a pre-construction meeting in Naples with all the interested parties. The meeting will include the contractor, the County, CPE and the County observer. The meeting will review the construction methods and constraints and be an opportunity to train the inspector on his duties for the County. In support of the construction plan, CPE will prepare a QA/QC plan for the project along with a daily observation checklist for use by the inspector. Contractor surveys will be taken prior to the beginning of the project which will be observed by the County observer. Based upon these surveys, the plans will be updated including a new volume distribution to mitigate for the erosion since the contract plans were developed. The updated information will be provided to the contractor and will be the basis for construction of the new beach and berm by the contractor. Phase 1Il - During Construction Services The construction period is assumed to be thirty (30) days on site. The observer time is at County expense. That schedule is expected to vary based upon the needs at the site and the support required by the projects manager for the Coastal Zone Management Department. The daily observations will include collecting weight tickets from the arriving trucks, spot checking the quantity material in the dump trucks before placement, collecting sand samples from each truck and observing the placement is within the lines and grades specified on the plans. The observer will carry out tasks as assigned by the projects manager and Coastal Zone Management Department. This proposal assumes that the required otlice support from CPE during construction is minimal and tailored to support the needs of the Coastal Zone Management Department. CPE will provide advice and technical support to the observation team during the construction period. CPE will make three (3) visits to the project during the construction period. In addition, four (4) random sand samples will be collected as part of the observation plan for analysis to ensure that the contractor is providing the sand specified in his proposal. CAC April 8, 2010 VI1l-1-a New Business 6of7 The contractor will submit a pay estimate monthly. The engineer will review and provide a recommendation concerning the monthly pay request based on the observers reports and weight tickets. Conditions may change during the construction period. One new design updated is provided in the scope of work. Phase IV - Post-Construction The post-construction activities will consist of a final project observation by all the observation team members and the preparation of post-construction report of the as-built conditions of the beach. This document will be used for permit reporting and supporting FDEP reimbursement (if available) based upon approved grant agreements. The post- construction report and contractor post-construction survey will be a method for final verification of the construction volumes placed by the contractor. The report will contain volumes and cross-sections ofthe constructed project along with a construction history. Phase V - Update Conceptual Design Study with Hot Spot The two hot spots in the vicinity of R46 and R58 are typical in the project area adjacent to structures. The problem and conceptual solution will be developed and added to the design study, along with the recently completed City of Naples study on their long term objectives for addressing the drainage outfalls on their beach. f:marketinglproposalslfl counties/collier/2010/2010 cc small truck.../cc small berm restoration project w W ID 0.:= ~ w 00 NeD ai~ "Ez Oom << , ... ~~O U>... ....'" "W !!j" 05 0:0: n.w z'" 0" i=~ O!ffi ow ....z :fia o:ffi "'-' ffi~ "'" :1:" ,,0 "" ~g ~u. z-' ::>" olB "n. 0:0 wo: ::in. -'w ow "u. .... "' o u ~ u w ~ C . .ri-g~ '" ",lij ~"'~ -c~F ~ fl1S ~;; o21il !il . 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'" w '" Z o ~' ~ ~- ~ .;oga::i: ~-" 8~0:~ ;c:!~~Z; <C ~ o. ~ 01).....;;; 00 "I:;:;;; """<ON ~~ :~ 00 ~ g iSi. :J;:! 80 "'"~~ ~~ 00 ~g~ ~~ O~ ~ d"'. .....Si~ '<l"iN ,- O~ om .......-;~ ,,~o w;;; o o~ .....,..;0> m- -~ ~ ~ .~ ,~ !~-, :-i ~ ~. :~ i " , o I .8~~ ..5a::u s.8.8 o . . ~~~ ~ 00 .m -.; ~ O~ 1Z.~ a~ ~ ... 0, ;;: .. o " <> " . ~ ~ w ~ ~ - E - . " ~ . o U ~.:- w"' 00 Uu ,,~ Ou 5~ o ~~ ~~ 00 ~~ I-' '" o " -' << .... o .... CAC AprilS. 2010 VIlI-1-b New Business 1 of 10 MEMORANDUM To: Gary McAlpin, Director, Coastal Zone Management, Collier County Comm. No.:8500.69 From: Stephen Keehn, PE, Senior Coastal Engineer, CPE Date: April 5, 2010 Re: Emergency Truck Haul Project for Hot Spots South of Doctors Pass and Park Shore: Engineering & Permit Status and Conceptual Plan. 1. There are two hot spots in the Collier County project area that need emergency sand fill. The areas lie south of the Seagate groin (near R46) and south of the Doctors Pass groin (vic R58A). 2. This memorandum describes the results from the analysis of two hot spots within the 2006 Collier County Beach Renourishment Project. The areas of interest, or hot-spots, are located in Park Shore and Naples Beach. The Park Shore hot spot is located near Florida Department of Environmental Protection (FDEP) Monuments R-45 and R-46. The Naples Beach hot spot is located directly south of Doctors Pass at R-58A and R-58. 3. The area of analysis for the northern hot spot in Park Shore extends from R45+600 to R- 46+900. Overall since construction, this area has lost approximately -3.3 cubic yard per foot per year, which was most likely acerbated by the 2004/2005 hurricane season and nearby groins. When comparing the erosion rate from 2007 to 2009, the area had a density change of +0.5 cubic yard per feet per year. The largest amount of erosion since construction occurred at R45+ 100, which had an erosion rate of approximately -4.1 cubic yards per foot per year. This area is located 200 feet directly south of the Seagate groin. Monuments further south of the groin experienced decreasing erosion rates. 4. The proposed fill area for this hot spot ranges from R45+600 to R46+400 (see attached figure). The proposed fill area has lost a total of 16,528 cubic yards since construction. However, in the past two years the erosion rate has decreased. If the erosion rate from 2007 to 2009 is used, it will decrease the amount of fill needed. 5. The area of analysis for the Naples Beach hot spot extends from R57+ I 00 to R58. Overall since construction, this area has lost approximately -5.9 cubic yard per foot per year. This erosion rate is slightly higher than the Park Shore hot spot. Erosion is high due to response to the 2004/2005 storm season, changes in inlet management (new disposal areas), and the influences of structures such as groins. The proposed fill area falls within the same limits as the area of analysis and has lost 19,301 cubic yards since construction (April 2005). Similarly to Park Shore, the total erosion rate for the past two years has decreased for the area of interest. CAe April 8, 2010 VIlI-1~b New Business 2 of 10 Photograph 1. Park Shore hot spot area showing Le Pare and Meridian Club south of the groin. Photograph 2. Naples Beach hot spot area showing Indies West, Gulf View Beach Club, and The Chateau of Naples south of Doctors Pass. 6. In order to alleviate the erosion that has occurred in the two proposed fill areas, approximately 4,000 to 8,000 cubic yards of fill should be placed within the proposed fill limits to achieve affordable protection. A larger portion of the fill should be allocated to the Naples Beach area due to the higher rates of erosion that have historically occurred. With the CAC April 8, 2010 VIII-1-b New Business 3 of 10 supplemental fill, the shoreline should have additional storm protection for the next two to three years. The area south of Doctors Pass may need a more permanent erosion control solution that should be addressed with the next major renourishment project. Structural modifications or additions may be needed to improve the situation, The current proposed fill will mitigate for recent milder erosion. 7. In order to facilitate a truck haul project within the two areas, a conveyor system will be needed to aid the transport of the sand from the dump trucks to the beach area. The conveyor system is less intrusive on the environment and can fit easily in small areas that the dump trucks cannot pass through. The system may need to be staged within one of the private developments that will benefit for the project. Photographs 3 and 4 illustrate the conveyor system in action. Photograph 3 and 4. Example conveyor system 8. The cost of placing sand by conveyor is illustrated in three recent projects, The Deerfield Beach Truck Haul Project in early 2009 cost $28.44/ton or $39.82/cy using a conversion of 1.4 cy/ton, In 2008, the same project cost $37, 19/ton when fuel prices were higher. A recent project on Sanibel Island cost $31.30/ton. Discussions with Eastman Aggregate (561-719-9146) indicated that a project would cost between $28 and $32 per ton, depending on a number of factors. There might be a mobilization charge if the volume is just a few thousand cubic yards in size. Eastman has improved their efficiency and sand pit cost with experience. The use of Ortona Sand will make the project more acceptable to the permit agencies because of the Ortona's long recognized quality sand, The use of truck haul without conveyors can be cheaper ifthere is an acceptable and useable route onto and along the beach to the hot spot area. 9. There are three legal ways to implement an emergency hot spot restoration project, but only one of them is applicable to the two hot spots in Collier County, The other permit types are not useable since the sand must be placed in the water to build up an acceptable beach cross section. A JCP permit is required if sand is placed seaward of the MHW. A modification to the existing County's JCP permit is the fastest mean to permit the project. The modification will include the sand source and the means of delivery. We are assembling the drawings and will be able to mail a request within a day of approval of the concept by the County. It will likely take at least 30 days for the State and Corps to review the pennit modification request, since they normally do not accelerate their work. It will take 4-6 months to permit the project, based on our discussions with FDEP this week. The conditions and monitoring requirements called for in the CAC April 8, 2010 VIII.1-b New Business 4of10 current permitted project will prevail, but we will request that they be waived or integrated into the existing monitoring program to the greatest degree possible. 10. We are planning to request a permit modification to the existing beach nourishment permit for fill placement within the permitted tcmplate using Ortona like sand by trucks or trucks/conveyors systems, similar to the recent Deerfield Beach or Sanibel projects. The size of the 2005-6 permit template is larger than the contemplated project, and the project will be sized to provide about 2 years of protections in an economical efficient manner. Ortona sand is the most acceptable upland sand source in Peninsular Florida. The project size will be between 4,000 and 8,000 cy with more placed to the south. CAC April 8, 2010 VUI-1-b New Business Z o ~ o ;: . I- Z W (/)0- W-> Il:!(Z ::El,)~ 1l::Jll. Wll.W 1lIll.1l: >-<0 I-I-J: Z:i!(/) :Ill:>: OWIl: l,)ll.< Il: ll. W :J oJ o (.) LEGEND: A R-46 FDEP MONUMENTS HARDBOTTOM CPE 2003 BASELINE STATIONING U ! i ci' Ii z < ii ~ w w z I; z w .. " 0 Z I iL ~ 6~ ~ .J :c ~ '0 ~ i! I ~~! 3 O"g ! " I. COORDINATES ARE IN FEET BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM 1983, (NAD 83). DATE OF AERIAL PHOTOGRAPHY: 9/25/2009. DA TE OF SIDESCAN SONAR SURVEY: FEBRUARY 2003. LANDWARD LIMIT OF FILL IS THE 5' NGVD (3.7' NAVD) CONTOUR, OR THE SEAWARD EDGE OF VEGETATION, SEAWALL, OR DEVELOPMENT 4/01/10 Y: NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY Y AS OMM NO. 8500.63 HEET: 2 o ~ . STEPHEN KEEHN P.E. NO. 34857 DATE CAC April 8, 2010 VIII.1-b New Business z o ~ o ~z> mO> w-w ~~- ~<> ::EUz O:::i<l: wo..J III 0. 0. )-<m ~~w z-.J ::l::Eo. 00::< O~z 0:: w :i .J o U FDEP MONUMENTS MAP SPOT HARDBOTTOM CPE 2D03 U ! .; z i w w z i; z w .. co 0 Z I iL Z ," :I.! 1 .. Ii I ~ Ii ' =~! ~ o ~ g ~ u!. , NOTES: 1. COORDINA TES ARE IN FEET BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83). 2. DA TE OF AERIAL PHOTOGRAPH: 9/2S/2009. 3. DATE OF SIDESCAN SONAR SURVEY: FEBRUARY 2003. 4. LANDWARD LIMIT OF FILL IS THE 5' NGVD (3.7' NAVD) CONTOUR, OR THE SEAWARD EDGE OF VEGETATION, SEAWALL, OR DEVELOPMENT. . DAlE: 4/01/10 Y: NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY y AS Ot.1t.1 NO. 8500.69 HEET: STEPHEN KEEHN P.E. NO. 34857 DATE CAC April 8, 2010 VIII-1-b New Business 7 of 10 McAlpinGary From: Sent: To: Cc: Subject: Attachments: Steve Keehn [Skeehn@coastalplanning.net] Tuesday, March 30, 2010 737 PM McAlpinGary Nicole Sharp Deerfield Beach Truck haul project City of Deerfield BeachOB09 summary. doc The attached is a summary of the Deerfield Beach Truck Haul Project in early 2009. The project used conveyors and cost $28.44/ton or $42.66/cy based on 1.5 cy/ton. A conversion of 1.4 cy/ton would provide a price of $39,82/cy. The price in early 200B,with higher fuel prices, was $37,19/ton. Orlona Sand is considered among the best quality upland sands in the state. tit.,,"." 9<.."", PE Senior Coastal Engineer Coastal Planning & Engineering. Inc Office: 561-391-8102, Fax 9116 Mobile 561-441-5499 GAG April 8, 2010 Vllt-1-b New Business 8 of 10 City of Deerfield Beach, Florida North Deerfield Bcach Beach and Dune Restoration Project CPE was retained by the City of Deerficld Beach to provide a beach and dune restoration project for the northern portion of the City's public beach, The beach had eroded during the 2007 tropical storm passages and had qualified for FEMA funding for restoration. CPE utilized a topographic survey providcd by the City to design a 7300 cubic yard (11,000 tons) nourishment project. The project was pennitted by the FDEP under the CCCL program (62b-33, PAC) which restricted the fill placement to above the mean high water line. At the City's direction, fill placement was limitcd to publicly owncr beach parcels which resulted in two private property gaps in the project. Beach compatible sand was placed to repair deficiencies in the berm and a small dune toe enhancement at the hack of the berm. The project specified that sand was to be provided trom the E.R. Jahna Sand Mine in Ortona. This quarry has produced beach compatible sand for several beach nourishment projects including the City's south dune project in 2008. The project was designed and permitted in 2008 and construction occurred in January and February 2009. CPE provide construction engineering services for the City with particular emphasis on sand quality compliance. The project is eligible for FEMA reimbursement. CPE will be providing the required docwnentation in early 2009 for thc City to receive reimbursement from FEMA for construction and design expenses. GAG April 6, 2010 VllI.1-b New Business 9 of 10 CAC AprilS, 2010 VIlI-l-b New Business 10 of 10 FY10/11 -195 Fund Budget and Analysis FY 09110 Carry Forward Projected FY10lll Revenue Revenue - FDEP Cost Share Contract Revenue - FEMA Reimbursement PW 1609 - T5 Gabrielle (Net and Estimated) PW 2700 - Hurricanes Katrina and Wilma (Net and Estimated) Fund 194 Transfer Tourist Tax Revenue for Beaches/Inlets Tilling and Cleaning Revenue Projected Expenses 1. Projects NOT Funded - Required FY 09110 Doctors Pass Jetty Rebuild ($700K-FY09/10) Park Shore Emergency Dredge Engineering Emergcy Truck Haul - Park Shore/Doctors Pass Wiggins Pass Intermediate Dredge Engineering Wiggins Pass Inlet Management Plan and EIS Unencumber Biological Monitoring Funds Unencumber Hideaway Funds 2. Regulatory and Permit Compliance. FY 10f11 Sea Turtle Protection Program Beach Tilling Physical Beach Monitoring - Entire County Biological Monitoring 3. Planned Projects/Future Projects - FY 10/11 \l\liggins Pass Intermediate Dredging Clam Pass Water Quality Modeling FY12/13 County Beach Analysis and Design FY12/13 Marco Beach/B'water AnalysislDesign 4. Beach Maintenance. FY 10/11 Collier County/Marco Island City of Naples Vegetation Repairs/Exotic Removal Naples Pier and Dock Maintenance 5. Administration Fee's - FY 10/11 Fund 195 Administration Indirect Administrative Costs Tax Collector Fee's (2.5%) 6. Other Expenses - FY10/11 Renourishment and Emergency Reserves Revenue Reserve (5%) Category D Pier Reserve Revenue FY 09/10 Request FY10/11 Request Sub-Total Sub.Total Sub-Total Sub-Total Sub-Total Total Expenses Sub-Total Fund Balance Total $0 $40,000 $375,000 $20,000 $125.178 -$175,000 -$400,000 $164,600 $17,500 $260,000 $0 $750,000 $50,000 $300.000 $150,000 $135,000 $75,850 $75,000 $55,000 $511,100 $117,700 $104,863 $13,500,000 $209,700 $79,000 CAC April 8, 2010 VIII-2-a New Business 1 of 1 $50,000 $0 $2,842,000 $0 $4,194,531 $1,500 -$14,822 $442,100 $1,250,000 $340,850 $733,663 $13,788,700 $12,466,500 $7,088,031 $16,540,491 $16,540,491 $3,014,040 ~ ~ ~ c.!: ~ ~ o~ Na:l cO~ :Cz ~-9 N- u . _ <C == 0 U>~ '" Z o "' o OJ ~ o 0: .. Q Z ::> ~ ~ ~ ~ >- 0: o " I!! " o ~ . ~ , . , I ~ I " ] ~ ~ j > ~ 2 , ~ < - o - ~.HHO~", ;;:q~~p p :; ~ '" UHU~.III .. .... 'I~ "' 1>l ~N ~ 'T1~1 . o - ~ >- . . o >- . o > . > . ii i: " ii > . 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"' . ;;.oW "' ~ ggg '" 0 0 <::I ~HIi ~ oo"~. 000 000 OON iiH;i i;: .o~ 000 ~ ~~~ i1i :i: g III i;: ,.:~ 000 000 OON ~ ~-~:- , ,:"," ggg 00- ~~~ .,..vitSi " ggg 000 ~ ~~~" ~ wi"; i: 8g2 :~fg~ ~ on 0 i::"'-N oog g . D '" o , . 0 i;: .,; 000 000 00. ciei....- 00' ~ ~~ . ggg ; oo".n ~ S~.... i: 000 = g g g i ~~~ ,";.0 . . ~ . ~ 0: l ~ o . :E . . . , , , I . I . I . ""~ ~'Ci g.~1L . ~ . . . c S .s ~ . 0 0 Uo~ &!<;;; ~u .. . g Ii o ::i M ~ :if . ,.; o ~ 8. " ~ ii :l o o N .. ~ ," ! ~ ; o ~ .; ! :i ~ ~~ ~ ~ . :i . . , .; ~ :i o o o g :; . , :c' '. ; o g ::! . , . ~ ,.; . i o g .,; , o .,; . ~ .. . . :; ~ " , o :i . . ". ~- " o o o ,; , . :f il ~ ,.; o g a :i ~ " " M . . , . . ~ . . 'S ~ o ~ ~ o . 1 '" . ~ . . . 0: " ~ CAC April 8, 2010 VIII-2-c New Business 1 of 19 EXECUTIVE SUMMARY Share TDC Category "A" Grant Applications not budgeted in FY 09/10. OBJECTIVE: To share Category "A" grant applications and requests for projects not funding in Fiscal Year 09/1 O. CONSIDERATIONS: Received TDC Category "A" Grant Applications as follows: PR JE TIDE RIPTI N: AMOUNT REOUESTED 1. Proiects NOT funded - Reuuired Fiscal Year 09/10 Doctors Pass Jetty Rebuild ($700,000 - FY 09/10) $ -0- Park Shore Emergency Dredge Engineering $ 40,000 Emergency Truck Haul - Park Shore/Doctors Pass $375,000 Wiggins Pass Intermediate Dredge Engineering $ 20,000 Wiggins Pass Inlet Management Plan and EIS $125,178 SUB-TOT AI. $560,178 Unencumber Biological Monitoring Funds ($175,000) Unencumber Hideaway Funds ($400,000) SUB-TOT AI. ($575,000) TOTAL ($14,822) o C SC o COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. STAFF RECOMMENDATIONS: 1. Proiects NOT funded - Required Fiscal Year 09/1 0 - Staff recommends approval of these projects. FISCAL IMPACT: The funding for these projects is available in Category "A" Tourist Development Taxes Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the CAC recommend approval of the attached Tourist Development Category "A" grant applications not budgeted in FY 09/1 0 in the amount of $560,178 for current Fiscal year 09/1 O. PREPARED BY: Gail Hambright, CZM Accountant GAG April 8, 2010 VIII~2-c New Business 2 of 19 (Revised) TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Ca/ezorv A Fund. To finance beach park facilities of beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access, as these relate to the physical preservation ofthe beach, shoreline or inland lake or rive. (Cod or Ordnance, Division 3. Sec. 126-83.) 2. Source of other fundI': Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation offunds and maintenance of reserves. a. Catastrophe reserves shall be accumulated in the budget with $1 M in 2004 plus $0.5M per year thereafter (up to a maximum of $1 OM). In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. b. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as a November 2003; projected to start settiug aside funds in FY 2006). c. Beach park facilities (including beach access property acquisition) shall be funded at an average of$2M per year. This funding allocation shall be adjusted annually in an amount equal to one-third of the TDC Category "A" revenues. d. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Elizibilitv: Eligible beach areas qualify for Category "A" funding. An "eligible beach area" is: a. Accessible to the public; and b. No more than one-half mile from a beach park facility, public access point, hotel or motel and if at least 80% of the entire beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. /nelizible beach areas: a. Beach areas not meeting the criteria for eligibility of paragraph 4. above, are not eligible for Category "A" funding. Renourishment or maintenance of these beach areas are the responsibility of adjacent property owners and must be privately funded. b. An area of an ineligible beach that is subject to high erosion, with the recommendation of the Coastal Advisory Committee and determination by the Board of County GAG April 8. 2010 VIII.2-c New Business 3 of 19 Commissioners as being in the public interest, may have erosion control structures installed, with Category "A" funding. 6. Inlet Sand Bvoassini!. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing, the dredging of the pass or inlet is recommended by the Coastal Advisory Committee meets the inlet funding policy criteria and is approved by the Board of County Commissioners as being in the in the public interest. No TDC Category "A" funding will be approved for dredging non-beach compatible material except in situations where significant channel alignment and depth changes are required to correct and deviate from routine maintenance dredging past practices. 7. Shore vrotection structures and vroiect svonsorshiv. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interest, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). Grant AvvlicatlOn Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TDe. These submissions will coincide with the annual Collier county budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of Countv maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendation for approval, denial or modification to the BCC. via the TDC, consistent with the BCC established policy for use of these funds. CAC April 8, 2010 VIII-2-c New Business 4 of 19 Evaluation/Approval Guidelines for TDC Category A Yearly Grant Requests by the Coastal Advisory Committee Yearly grant requests to the Coastal Advisory Committee will be evaluated, prioritized and funded based on the following criteria. 1. Grants associated with the completion of a previously approved project that are required to complete that project. 2. Grants required to meet Permit Regulatory Compliance. Examples of these grants would be Physical and Biological monitoring, turtle monitoring, shorebird monitoring and tilling. 3. Safety related activities and projects, which are the responsibility of the CAC. 4. Commitments covered by inter-local agreement and lor projects previously approved/identified in the 10 year plan. Examples would be the dredging of Clam, Wiggins, Doctors, Caxambas and Capri Passes and the 10-year cycle of beach re-nourishment. 5. Projects or studies that improve or have a high probability of improving our beach efficiency, the preservation ofCAC capital or save us money. These projects would have to have a undisputed payout. Items that would fall into this category would be engineering or studies that could lengthen times between dredge events or re-nourishments. 6. Grants associated with the maintenance and upkeep of our beaches. Examples of these activities that preserve the quality of the beach experience are beach cleaning, raking and grading. 7. Projects that outside funding or third party funding can be obtained on that offset the capital cost. Examples would be FDEP funding, FEMA funding or third party grants. 8. Necessary or required projects would be next. Examples of this type of projects would be Doctors Pass Rip-Rap replacement. 9. New projects not required by law or consent decree would follow. CAC April 8, 2010 VIII-2-c New Business 5 of 19 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Park Shore Emer!!encv Dred!!e En!!ineerin!! 1. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner Bid!!. 3301 East Tamiami Trail, Suite 103 NaDles. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht, Accountant Address: W. Harmon Turner Bid!!. 3301 East Tamiami Trail. Suite 103 City NaDles ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: See attached. 5. Estimated project start date: ADril5, 2010 6. Estimated project duration: 7 Months 7. Total TDC Tax Funds Requested: $40.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) GAG April 8, 2010 VIII-2-c New Business 6 of 19 Collier County Tourist Development Council Category "A" Grant Application Page 2 Park Shore Emerl!encv Dredl!e Enl!ineerinl! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ 40.000.00 $ $ $ TOTAL $ 40.000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 40.000.00 $ $ $ $ $ 40.000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8. 2010 VIII-2-c New Business 7 of 19 March 17,2010 Gary McAlpin Collier County Government W. Harmon Turner Bldg., Suite 103 3301 E. Tamiami Trail Naples, FL 34112 Subject: Collier County, Florida, Small Beach Berm Restoration Project Scope of Work Dear Gary: Enclosed is a scope of work and fee proposal for the small berm berm restoration project for Collier County, Florida. The hourly not to exceed cost for these services is $41,075. The services include a wading depth survey, preparation of plans and specifications, construction management using the Coastal Zone Management inspector and a conceptual plan to address the two hot spots during the next beach nourishment. (fyou have any questions regarding this scope of work, please call me. Sincerely, COASTAL PLANNING & ENGINEERING, INC. Stephen Keehn, P.E. Senior Coastal Engineer cc: Sheri Dindial, CPE f:marketinglproposalslfl counties/collier/2010/2010 cc small truck...Icover letter CAC April 8, 2010 VII1~2~c New Business 8 of 19 Small Beach Berm Restoration Project Collier County, Florida Scope of Work In response to the hot spot erosion at two locations within the Collier County Beach Nourishment Project area, engineering and pennitting of a small berm restoration project is proposed. The project would extend along approximately 1000 feet of the Park Shore shoreline near Seagate Drive (R45-R46) and 1200 feet south of the Doctors Pass groins (R58A-R58). The hourly not to exceed fee for these services is $41,075. 1. SurveY CPE will use existing surveys conducted in October 2009 supplemented with wading depth surveys at 200 to 400 foot intervals. The surveys will be conducted using the same control and procedures defined for the annual monitoring surveys. The survey will be conducted in conjunction with another regional survey 2. Berm Desil!D Berm Design Section Development: The berm design will be based on the design established in the last nourishment project and be sufficient to restore the protective and recreational quality to the beach. Historic profiles will be analyzed to identify the range of natural berm elevations, crest widths and slopes. Survey profiles will be used to develop the shape and positioning of the cross-sections for a project along the shoreline that will work in synergy with the existing beach structures. The initial designs will be coordinated with the Coastal Zone Management Department. The planform layout of the final berm section will be developed for each reach using recent aerial photography and beach profiles surveyed in I above. The likely sand source for this project will be an upland sand mine or local aggregate supplier. Sand suppliers will be contacted and representative sand samples or descriptions will be obtained by CPE. Sand samples will be sieved and analyzed to determine the quality of sand available from potential sources, or sand descriptive tables and curves will be analyzed for compatibility. The sand quality guidelines developed for the on-going County beach project is the desired standard. I f the industry cannot support this standard, an alternative will be proposed for review and approval by the Coastal Zone Management Department and permit agencies. Transportation of sand to the project site will probably be by trucking. Sand stockpile areas and construction access points will need to be identified. With assistance from the Coastal Zone Management Department, CPE will hold discussions with prospective sand suppliers and contractors to develop the most efficient construction procedure. Access routes, staging areas and construction methods will be coordinated with owners through the Coastal Zone Management Department. The engineer will make a site inspection and be available to meet with owners at a meeting coordinated by the Coastal Zone CAC April 8, 2010 VIII-2-c New Business 9 of 19 Management Department, if desired. The use of conveyor systems will be considered to place sand will be considered. Construction costs for the project will be estimated based on the project design volumes, sand source locations, sand characteristics, and construction procedures. Cost may depend on the competitiveness in the industry. CPE will assist the County with the identification of potential easement areas and the County will provide construction easements or permission from the upland owners and assist in securing a truck route through the development to the beach. 3. Permit Aoolication and Processine A CCCL permit (62b-33, F .A.C.) is required from the Florida Department of Environmental Protection (FDEP) prior to construction of the berm. Since work will be limited to above Mean High Water, a permit from the Jacksonville District U.S. Army Corps of Engineers (USACE) will not be required. Construction activity will occur outside turtle nesting season, avoiding comprehensive coordination with FFWCC and FWS on turtle issues. It is not yet known if the existing 80 will be sufficient for the project. The Engineer will apply to the FDEP and provide project documentation. Items contained within the initial application will include design details, project justification, construction fill volumes, and sand characteristics. The Engineer will develop one response to requests for additional information (RAI) from the permit agencies. Upon receipt of a draft permit, the Engineer will review state permit requirements with the County. The Engineer will use his best effort and experience to obtain permits ITom the FDEP. Factors beyond the Engineers control, such as Governmental policy changes or Section 120 State Administrative Hearings may prevent the issuance of permits. The permit fee will be paid for by the County. 4. Preoaration of Construction Plans & Soecifications Construction plans and technical specifications will be prepared for the project. The construction plans will include plan views and representative cross-sections sufficient for the construction of the project. The plans wi II provide survey monumentation information which will allow the contractor to control and construct the berm project. Cross-section will be identified on the plans, along with a baseline for the profiles. The plans will delineate construction staging areas and access points, and will be based on previous plans for the area. Technical specifications and a suggested bid form will be developed for the project which can be attached to the County's front end documents for bidding. CPE will prepare the Technical Provisions and Environmental Protection specifications. Technical Provisions will describe the berm fill layout, mobilization and demobilization from the project area, clean-up requirements and other issues related to construction of a truck haul project. It will identify the method of payment to the contractor and the CAC April 8, 2010 VlII-2-c New Business 10 of 19 clauses for liquidated damages, if necessary. The bid form will be developed with this section. The sand quality standard approved by the County and the permit agencies will be included in the specification. The design and pay qualities will be based on tonnage, the unit of measure used for upland sand sources. The specifications will identify the equivalent approximate yardage. The specifications will require the contractor to take pre- and post-construction surveys of the fill area at specified intervals, to verify placed location and volume. The survey will be limited to the dry beach. A section on Environmental Protection will be included within the technical specifications. This section will identify the important clauses contained in the permits, including a copy of the permits received for the project. The contractor will be advised that he is required by law to abide by all the conditions provided by the State permit for the project. Issues to be addressed in this section include protection of environmental resources, restoration of landscape damage, maintenance of pollution control facilities and a requirement for an environmental protection plan. The Engineer will provide up to four (4) sets of plans and technical specifications for use by the County, along with copies in Acrobat format. 5. Contractor Biddinl! and Construction Phase I - Bidding The Engineer will assist the County in the selection of a contractor for the berm restoration project. The County's purchasing department will manage the bidding process with assistance from the Engineer and Coastal Zone Management Department. The Engineer will provide a list of eligible contractors to the County for bidding purposes. In conjunction with the County, the Engineer will attend a pre-bid conference by telephone if required. The pre-bid conference will provide an opportunity to describe the project and to solicit questions from potential contractors. The conference will be conducted at the location determined by the County and a tour of the project area should be conducted with the potential contractors to address any additional questions. County representatives may be present to address issues related to infrastructure, County requirements and any other issues affecting the local government. The potential contractors will be provided thirty (30) days to submit a bid for the project. The Engineer will answer questions during bidding and issue addenda as required. The Engineer will assist the County in reviewing the bids and evaluation of the low bidder, taking into consideration the capability of the contractor (low bidder) in constructing the project. The Engineer will provide the County a recommendation concerning the selection of the contractor. The Engineer will assist the County in negotiating with the low bidder. The berm restoration project is a truck-haul sand project that can take up to sixty (60) days. The management team will be centered around the County observer/inspector. The County inspector will be supervised by the Collier County Coastal Zone Management CAC April 8, 2010 VIII-2-c New Business 11 of 19 Department and supplemented by the CPE engineer. 1be construction is expected to last no more than sixty (60) days depending on the final size of the project. The quantity of the fill will be approximately 10 cubic yards per linear foot. The purpose of the construction services is to observe construction, collect weight tickets, verify fill volume placed and coordinate between the local community and the Coastal Zone Management Department. This project is broken down into three phases. This scope of services has been developed to support Coastal Zone Management Department's supervision of a truck-haul project. CPE is available to back up the Coastal Zone Management Department's coastal projects manager. In addition since the project length, duration and volume may be modified during construction, the project is proposed as an hourly contract. Phase 11- Pre-Construction Services The pre-construction services will consist of a pre-construction meeting in Naples with all the interested parties. The meeting will include the contractor, the County, CPE and the County observer. The meeting will review the construction methods and constraints and be an opportunity to train the inspector on his duties for the County. In support of the construction plan, CPE will prepare a QA/QC plan for the project along with a daily observation checklist for use by the inspector. Contractor surveys will be taken prior to the beginning of the project which will be observed by the County observer. Based upon these surveys, the plans will be updated including a new volume distribution to mitigate for the erosion since the contract plans were developed. The updated information will be provided to the contractor and will be the basis for construction of the new beach and berm by the contractor. Phase III - During Construction Services The construction period is assumed to be thirty (30) days on site. The observer time is at County expense. That schedule is expected to vary based upon the needs at the site and the support required by the projects manager for the Coastal Zone Management Department. The daily observations will include collecting weight tickets from the arriving trucks, spot checking the quantity material in the dump trucks before placement, collecting sand samples from each truck and observing the placement is within the lines and grades specified on the plans. The observer will carry out tasks as assigned by the projects manager and Coastal Zone Management Department. This proposal assumes that the required office support from CPE during construction is minimal and tailored to support the needs of the Coastal Zone Management Department. CPE will provide advice and technical support to the observation team during the construction period. CPE will make three (3) visits to the project during the construction period. In addition, four (4) random sand samples will be collected as part of the observation plan for analysis to ensure that the contractor is providing the sand specified in his proposal. GAG April 8, 2010 Vlll*2-c New Business 12 of 19 . The contractor will submit a pay estimate monthly. The engineer will review and provide a recommendation concerning the monthly pay request based on the observers reports and weight tickets. Conditions may change during the construction period. One new design updated is provided in the scope of work. Phase IV - Post-Construction The post-construction activities will consist of a final project observation by all the observation team members and the preparation of post-construction report of the as-built conditions of the beach. This document will be used for permit reporting and supporting FDEP reimbursement (if available) based upon approved grant agreements. The post- construction report and contractor post-construction survey will be a method for final verification of the construction volumes placed by the contractor. The report will contain volumes and cross-sections of the constructed project along with a construction history. Phase V - Update Conceptual Design Study with Hot Spot The two hot spots in the vicinity of R46 and R58 are typical in the project area adjacent to structures. The problem and conceptual solution will be developed and added to the design study, along with the recently completed City of Naples study on their long term objectives for addressing the drainage outfalls on their beach. f:marketinglproposals/fl countieslcollierl2010/2010 cc small truck.../cc small berm restoration project ~ ~ ~ 0" - ~ 00 NeIl ~~ OZ ~y~ U~O <(=('<) u>_ , ' 1-<11 Uw Wu d> 0:0: o.W Z<ll 011 h OW I-Z ~~ :E-J ffi~ ",<II "'C!i Uu ;lio: "'0 p ::><l\ 00 Uo. 0:0 wO: 3~ OW uu. ~ 1l " ~ ~ Z; ~ e ~ ~ " ~ . ~ :-: ~~. ~B ~ :~ <'Ii o{" ~O~ ~ Ill: , "I L 0- ! I t; - ~ Ii .. s ~ii$~ ~H~ w- , ;~' M ! "~- ~. ~ . 3 ~ ~" w ~.- HI I' ~:~I ~]= o w' >-! ~' o < I~' t::' ,~ ~! ~, ~, Ii:: ~ ~ :E:~ i:i ll.o'O S' ~~8 fIl.~ ;z Z,- 0 ,~,~ ~, ilo.': :t 0", ll:; :~z ~I :i=ii :5; :~:~ ~! :~ ~ @! 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I- ..0 g ~~ Eg 'co c ~ ~.. ~&!8 ! . . ~~3 CAC April 8, 2010 VIIl-2-c New Business 14 of 19 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Emere.ency Truck Haul - Park Shore/Doctors Pass 1. Name and Address of Project Sponsor Organization: Coastal Zone Manae.ement W. Harmon Turner Bide.. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person. Title and Phone Number: Name: Gail Hambrie.ht. Accountant Address: W. Harmon Turner Bide.. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: Emere.ency renourishment of Doctors Pass area and Park Shore areas (approximately 2.000 LF Total). Pricine. based on $40/cy at 9.000 cy - 10.000 Cy's. 5. Estimated project start date: April 5.2010 6. Estimated project duration: 7 Months 7. Total TDC Tax Funds Requested: $375.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIll-2-c New Business 15 of 19 Collier County Tourist Development Council Category "A" Grant Application Page 2 Emerl!encv Truck Haul - Park Shoreilloctors Pass PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDe Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ 375,000.00 $ $ $ TOTAL $ 375,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 375,000.00 $ $ $ $ $ 375,000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII.2.c New Business 16 of 19 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Wi!!!!ins Pass Intermediate Dred!!e En!!ineerin!! 1. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner Bid!!. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht. Accountant Address: W. Harmon Turner BId!!. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organizatiou's Chief Official aud Title: Fred W. Covle. Chairmau Board of Countv Commissiouers 4. Details of Project- Descriptiou and Location: A new permit from FDEP will need to be obtained on the same basis as the expired permit to allow intermediate dred!!in!! of Wi!!!!ins Pass. 5. Estimated project start date: April 5,2010 6. Estimated project duration: 7 Months 7. Total TDC Tax Funds Requested: $20.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VI1l~2-c New Business 17 of 19 Collier County Tourist Development Council Category "A" Grant Application Page 2 Wie:e:ins Pass Intermediate Drede:e Ene:ineerine: PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested CitylTaxing District Share State of Florida Share Federal Share $ 20,000.00 $ $ $ TOTAL $ 20,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 20,000.00 $ $ $ $ $ 20,000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII-2-c New Business 18 of 19 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Wil!l!ins Pass Inlet Manal!ement Plan and EIS I. Name and Address of Project Sponsor Organization: Coastal Zone Manal!ement W. Harmon Turner Bldl!. 3301 East Tamiami Trail, Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambril!ht. Accountant Address: W. Harmon Turner Bldl!. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: An Inlet Manal!ement Plan and Environmental Impact Study is now reQuired bv FDEP for the new Wil!l!ins Pass permit. 5. Estimated project start date: April 5. 2010 6. Estimated project duration: 7 Months 7. Total TDC Tax Funds Requested: $125,178.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIIl-2-c New Business 19 of 19 Collier County Tourist Development Council Category "A" Grant Application Page 2 Wil!l!ins Pass Inlet Manal!ement Plan and EIS PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ 125,178.00 $ $ $ TOTAL $ 125.1 78.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 125.1 78.00 $ $ $ $ $ 125,178.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree tbat my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date GAG April 8, 2010 VIII-2-d New Business 1of35 EXECUTIVE SUMMARY Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY -10/11. OBJECTIVE: To share Category "A" grant applications and requests. CONSIDERATIONS: Received TDC Category "A" Grant Applications as follows: 2009/10 P OJECT/DESCRI TION R P : AMOUNT REOUESTED GRANTED l. Re"ulatorv and Permit Comnliance Sea Turtle Protection Program - Collier County $164,600 $162,959 Beach Tilling ~ Collier County $ 17,500 $ 40,000 Physical Beach & Pass Monitoring Collier County Beaches $260,000 $125,000. SUB-TOTAL $442,100 $327,959 2. Planned Proiects Wiggins Pass Intermediate Pro~ram - En~ineering & Dredge $750,000 Clam Pass Water Quality Modeling $ 50,000 FY 12/13 Beach Analysis/Model With Hot Spot Solutions $300,000 FY 12/13 Marco Island Analvsis/Model with B W Engineering $150,000 SUB-TOTAL $1,250,000 $0 3. Beach Maiutenance Beach Maintenance - Collier County!Marco Island $135,000 $ 135,000 Beach Maintenance ~ City of Naples $ 75,850 $ 73,460 Vegetation Repairs/Exotic Removal- County Wide $ 75,000 $ 75,000 Naples Pier Annualized Repair & Maintenance - City of $ 55,000 $ 55,000 Naples SUB-TOTAL $340,850 $338,460 4. Administration Fee's Fund 195 and 183 Administration - Collier County $511,100 $500,000 Indirect Administration Costs $117,700 Tax Collector Fee's (2.5%) $104,863 $104,863 SUB-TOTAL $733,663 $604,863 5. Other Exnenses . $14,500,000 Renourishment and Emergencv Reserves Revenue Reserve (5%) $ 217,800 Category 0 Pier Reserve $ 79,000 SUB-TOTAL $14,796,800 $0 TOTAL $17,563,413 $1,271,282 CAC April 8, 2010 VIII~2-d New Business 2 of 35 COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. STAFF RECOMMENDATIONS: I. Regulatorv and Permit Comoliance All these items are required by FDEP permit and required by law. 2. Planned Proiects: > Wiggins Pass Intermediate Program - Engineering & Dredge - Intermediate Dredging of Wiggins Pass for Fall 20] 0 > Clam Pass Water Qualitv Modeling - this will fund specific water quality parameter modeling in detail after circulation modeling and general water quality modeling is completed. > FY 12/13 Beach Analvsis/Model With Hot Soot Solutions - Beach Analysis and modeling to determine renourish plan including Hot Spot permanent solution for Fiscal Year 12/13 renourishment. > Marco Island Analvsis/Model with BW Engineering .- Beach analysis and modeling including breakwater solutions to aid in beach longevity for a ]2/13 beach renourishment. FISCAL IMPACT: The total amount of grant applications for FY 10/11 in the amount of $17,563,413 is in the proposed budget for Category "A" Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the CAC recommend approval of the attached Tourist Development Category "A" grant applications and request in the amount of$17.563,413 and approve all necessary grant agreements per County Attorney's approval. PREPARED BY: Gail Hambright, CZM Accountant CAC April 8, 2010 VIII-2-d New Business 3of35 (Revised) TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY I. Use of TDC Catei!.orv A Fund: To finance beach park facilities of beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance, shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access, as these relate to the physical preservation of the beach, shoreline or inland lake or rive. (Cod or Ordnance, Division 3. Sec. 126-83.) 2. Source of other funds: Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation of funds and maintenance of reserves. a. Catastrophe reserves shall be accumulated in the budget with $1 M in 2004 plus $0.5M per year thereafter (up to a maximum of $1 OM). In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. b. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as a November 2003; projected to start setting aside funds in FY 2006). c. Beach park facilities (including beach access property acquisition) shall be funded at an average of$2M per year. This funding allocation shall be adjusted annually in an amount equal to one-third of the TDC Category "A" revenues. d. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Elii!.ibilitv: Eligible beach areas qualify for Category "A" funding. An "eligible beach area" is: a. Accessible to the public; and b. No more than one-half mile from a beach park facility, public access point, hotel or motel and if at least 80% of the entire beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Inelii!.ible beach areas: a. Beach areas not meeting the criteria for eligibility of paragraph 4. above, are not eligible for Category "A" funding. Renourishment or maintenance of these beach areas are the responsibility of adjacent property owners and must be privately funded. b. An area of an ineligible beach that is subject to high erosion, with the recommendation of the Coastal Advisory Committee and determination by the Board of County Commissioners as being in the public interest, may have erosion control structures installed, with Category "A" funding. CAC April 8, 2010 VIll-2-d New Business 4of35 6. Inlet Sand Bvoassini!. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing, the dredging of the pass or inlet is recommended by the Coastal Advisory Committee meets the inlet funding policy criteria and is approved by the Board of County Commissioners as being in the in the public interest. No TDC Category "A" funding will be approved for dredging non-beach compatible material except in situations where significant channel alignment and depth changes are required to correct and deviate from routine maintenance dredging past practices. 7. Shore oroteetion structures and oro/eet soonsorshio. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding for eligible beaches. However, 'ownership' responsibilities must rest with an entity other than 'Tourist Development Taxes" - i.e. there must be a project sponsor (private interest, taxing districts, municipalities or County Departments other than those funded with Tourist Development Taxes). Grant Aool1eation Review. The Coastal Advisory Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC) for their consideration and approval, via the TOe. These submissions will coincide with the annual Collier county budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of Countv maintained beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both advisory boards will make recommendation for approval, denial or modification to the BCC, via the TDC, consistent with the BCC established policy for use ofthese funds. CAC April 8, 2010 VIII~2-d New Business 5 of 35 Evaluation/Approval Guidelines for TDC Category A Yearly Grant Requests by the Coastal Advisory Committee Yearly grant requests to the Coastal Advisory Committee will be evaluated, prioritized and funded based on the following criteria. I. Grants associated with the completion of a previously approved project that are required to complete that project. 2. Grants required to meet Permit Regulatory Compliance. Examples of these grants would be Physical and Biological monitoring, turtle monitoring, shorebird monitoring and tilling. 3. Safety related activities and projects, which are the responsibility of the CAe. 4. Commitments covered by inter-local agreement and lor projects previously approved/identified in the 10 year plan. Examples would be the dredging of Clam, Wiggins, Doctors, Caxambas and Capri Passes and the 1 O-year cycle of beach re-nourishment. 5. Projects or studies that improve or have a high probability of improving our beach efficiency, the preservation ofCAC capital or save us money. These projects would have to have a undisputed payout. Items that would fall into this category would be engineering or studies that could lengthen times between dredge events or re-nourishments. 6. Grants associated with the maintenance and upkeep of our beaches. Examples of these activities that preserve the quality of the beach experience are beach cleaning, raking and grading. 7. Projects that outside funding or third party funding can be obtained on that offset the capital cost. Examples would be FDEP funding, FEMA funding or third party grants. 8. Necessary or required projects would be next. Examples ofthis type of projects would be Doctors Pass Rip-Rap replacement. 9. New projects not required by law or consent decree would follow. CAC April 8. 2010 Vlll-2-d New Business 6of35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Collier County Sea Turtle Protection Program/Environmental Compliance 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation Department North Collier Regional Park 15000 Livingston Road Naples, FL 34109 2. Contact Person, Title and Phone Number: Name: _Barry Williams, Director Address: _15000 Livingston Road City _Naples ST FL ZIP 34109 Phone: _239-252-4035 FAX: _252-530-6538 Other: _239-280-7035 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation Department 4. Details of Project- Description and Location: The following activities require coastal construction permits from the State of Florida and thus a sea turtle monitoring program. 1. Beach nourishment; 2. Construction, excavation or maintenance of coastal inlet and related shoals; 3. Beach cleaning and grooming activities landward of the mean high-water line. 4. Beach cleaning following a red tide or storm event. The following excerpts from current regulations (Chaptcr l6B-41 Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41.00l Scope This chapter provides the requirements and procedures for thc issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction permits. In this Chapter Coastal Construction is defined as "any work or activity on or encroaching upon CAC April 8, 2010 VII1-2-d New Business 70f35 sovcreignty lands of Florida, below thc mean high-watcr line of any tidal watcr of the state, which is likely to have a matcrial physical etIect on existing coastal conditions or natural shore and inlet processes." 16B-41.0055 Protection of Marine Turtles (Florida Administrative Code) (I) In keeping with the Departments Authority to protect marinc turtles pursuant to Section 370.12, Florida Statutes, any application for a permit under this Chapter for coastal construction that affects marine turtles shall be subject to the conditions and requirements for marine turtle protection as part of the permitting process. (2) The Department shall requirc appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to rcduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. The Parks and Recreation Department, marine turtle permit holders for Collier County, monitor the following beaches for sea turtle activities as State and federal permit requirements for beach renourishment, beach raking, allowance for the use of vehicles on the beach for surveys, beach cleanup following a red tide or storm event and special events. Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area ofinfluence of Wiggins Pass; 1 mile north of Pass south to Wiggins Pass); pass material disposal location (renourishment); beach cleaning following a storm event and red tide Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Wiggins Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water line. Park Shore: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Clam Pass and Doctors Pass). Upland sand temperature studies as required by the State. City of Naples: beach nourishment; construction, excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass) City of Marco Island: construction, excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. The duties and associated costs of the oroeram are as follows: I. Administrative/permitting 2. Reconnaissance and beach zoning including installation and maintenance of DNR location reference monuments for CZM and Sheriff department 500 feet increments along 26 miles of beach 3. Daily monitoring (7 days/wk./beach -April Ol-May 01 depending on renourishment schedules through Oct. 3 I ) 4. Evaluation, mapping and data entry CAC April 8, 2010 Vlll-2-d New Business 8of35 5. Responding to sea turtle disorientations (associated with renourishment and beach profile, as required by thc State) 8. Reports (Sea Turtle Protection Plan- Annual Report; special reports per each beach nourishment and T-groin units, Index Nesting Beach Reports (Vanderbilt); State Productivity Reports, Beach Compaction Reports) 9. Mobilization/demobilization- 10. Vehicle maintenance- A TV's, penetrometers, data loggers 11. Supplies- acquisition, maintenance, inventory 12. Sand studies including beach compaction, sand temperature and ground/surface water studies and associated reporting requirements 13. Dune vegetation monitoring and exotic removal 14. Nest relocation in construction areas 15. Monitoring and reporting of escarpments 16. Additional studies required as required State/Federal permits (Florida Statute Chapter.161-053 F.A.C. Chapter 62b-33) 17. Stranding reports and removal of injured, sick and dead sea turtles from all County beaches (average 50-IOO/yr). 18 Public awareness- news media and public speaking upon request. 19. State mandated beach lighting compliance inspections and follow-up 21. Assist with maintaining rope and posting along the dunes 22. Other duties as requested by CZM Department 23. Provide technical assistance and respond to data requests from coastal engineering consultants upon request. The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: One (1) year 7. Total TDe Tax Funds Requested: $ 164,600 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X) CAC April 8, 2010 VllI-2-d New Business 9of35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Collier County Sea Turtle Protection Program/Environmental Compliance (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested CityfIaxing District Share State of Florida Share Federal Share $ _164,600_ $ $ $ TOTAL $ PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) $_149,600_ $_12,000_ $ 3,000_ $ $ _Personnel _ Operatinf! _Capital-l (one) replacement ATV_ TOTAL $ _164,600_ I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. ~/~/; 6 Date SIgnature fSponsor Organization's Chief Official GAG April 8. 2010 VIlI-2-d New Business 100135 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Beach TilUn!! 1. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner BId!!. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht. Accountant Address: W. Harmon Tnrner BId!!. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: Beach tillin!! is required by FDEP permit and is performed directly prior to turtle nestin!! Season. TilUn!! is paid on an acre basis for re-nourished beaches. 5. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $17.500.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIlt-2-d New Business 110f35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Beach TilliD!! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityffaxing District Share State of Florida Share Federal Share $ 17,500.00 $ $ $ TOTAL $ 17,500,00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) $ 17 ,500,00 $ $ $ $ $ 17.500.00 Contractual Services TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria, Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII-2-d New Business 12of35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Phvsical Beach and Pass Monitorin!! of Collier County Beaches l. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner Bid!!. 3301 East Tamiami Trail, Suite 103 Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht, Accountant Address: W. Harmon Turner Bid!!. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: This is reQnired to satisfy FDEP permit reQuirements on an annual basis for the Vanderbilt, Park Shore and Naples Beaches and passes that were renourished in 2005 and includes sonar verification, !!ronnd truthin!! the hard bottom ed!!e and FDEP aerials. 5. Estimated project start date: October 1,2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $260,000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) GAG April 8, 2010 VHI-2-d New Business 13 of 35 Collier County Tourist Development Conncil Category "A" Grant Application Page 2 Phvsical Beach and Pass Monitorin!! of Collier County Beaches PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 260,000.00 $ $ $ TOTAL $ 260,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 260,000,0 $ $ $ $ $ 260,000.00 TOTAL I have read the Tonrist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date GAG April 8, 2010 VIII-2-d New Business 14of35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Wieeins Pass Intermediate Proeram - Eneineerine & Dredeine 1. Name and Address of Project Sponsor Organization: Coastal Zone Manaeement W. Harmon Turner BIde. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrieht. Accountant Address: W. Harmon Turner BIde. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: Intermediate dredeine ofWieeins Pass for Fall 2010. 5. Estimated project start date: October 1.2010 6. Estimated project dnration: 12 Months 7. Total TDC Tax Funds Requested: $750.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No() CAC April 8, 2010 VIIl-2-d New Business 15 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Wil!l!ins Pass Intermediate Prol!ram - Enl!ineerinl! & Dredl!inl! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 750,000.00 $ $ $ TOTAL $ 750,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 750,000.00 $ $ $ $ $ 750,000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria, Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII~2.d New Business 16 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Clam Pass Water Ouality Modelin!! I. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Tnrner Bid!!. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht. Accountant Address: W. Harmon Turner BId!!. 3301 East Tamiami Trail. Snite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle. Chairman Board of County Commissioners 4, Details of Project- Description and Location: This will fund specific water Quality parameter model;n!! in detail after circulation modelin!! and !!eneral water Quality modelin!! is completed. 5. Estimated project start date: October 1. 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $50.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No() CAC April 8, 2010 VIII-2-d New Business 17 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Clam Pass Water Quality Modelinl! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityffaxing District Share State of Florida Share Federal Share $ 50,000,00 $ $ $ TOTAL $ 50,000,00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineerinl! Fees $ 50,000,00 $ $ $ $ TOTAL $ 50,000,00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria, Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIIl-2-d New Business 18of35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance FY 12113 Beach Analysis/Model with Hot Spot Solutions 1. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner Bid!!. 3301 East Tamiami Trail, Suite 103 Naples. Florida 34tl2 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht, Accountant Address: W. Harmon Turner Bid!!. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle, Chairman Board of Connty Commissioners 4. Details of Project- Description and Location: Beach analysis and modelin!! to determine renourish plan includin!! hot spot permanent solution for Fiscal Year 12/13 renourishment. 5. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $300,000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (Xl No ( l GAG April 8, 2010 VIII.2-d New Business 190135 Collier County Tourist Development Council Category "A" Grant Application Page 2 FY 12/13 Beach AnalvsislModel with Hot Spot Solutions PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ 300.000.00 $ $ $ TOTAL $ 300.000.00 \ PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 300,000.00 $ $ $ $ $ 300.000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII-2-d New Business 20 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Marco Island AnalysislModel with BW En!!ineerin!! 1. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner BId!!. 3301 East Tamiami Trail, Suite 103 Nanles. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambri!!ht. Accountant Address: W. Harmon Turner BId!!. 3301 East Tamiami Trail, Suite 103 City Nanles ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Coyle. Chairman Board of County Commissiouers 4. Details of Project- Description and Location: Beach analysis and modelin!! includiu!! breakwater solutions to aid in beach lon!!eyity for a Fiscal Year 12/13/ beach renourishment. 5. Estimated project start date: October 1.2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $150.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) GAG April 8. 2010 VIII.2.d New Business 210f35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Marco Island AnalvsislModel with BW Enl!ineerinl! PROJECT BUDGET PROGRAM ELEMENT AMOUNT TOC Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ 150,000.00 $ $ $ TOTAL $ 150,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Engineering Fees $ 150,000.00 $ $ $ $ TOTAL $ 150,000,00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VI1l-2-d New Business 22 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Beach Maintenance for Collier Connty/Marco Island I. Name and Address of Project Sponsor Organization: Coastal Zone Mana!!ement W. Harmon Turner Bid!!. 3301 East Tamiami Trail. Suite 103 Naples. Florida 34112 2. Contact Person. Title and Phone Number: Name: Gail Hambri!!ht. Acconntant Address: W. Harmon Turner Bid!!. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: Collier County and Marco Island beach clean in!!. 5. Estimated project start date: October 1. 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $135.000.00 8. If the full amount requested cannot be awarded. can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIIl-2-d New Business 23 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Beach Maintenance for Collier County/Marco Island PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 135,000.00 $ $ $ TOTAL $ 135,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Em~dneerim! Fees $ 135,000.00 $ $ $ $ $ 135,000.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date . GAG AprilS, 2010 Vlllw2~d New Business 24 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Naples Beach Maintenance 1. Name and Address of Project Sponsor Organization: City Of Naples 735 Eighth Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: Address: David Lykins, CSD Director 280 Riverside Circle City: Naples State: FL Phone: 239/213-7110 FAX: ZIP: 239/213-7130 34102 Other: dlvkinsliilnaDlesl!ov.com 3. Organization's Chief Elected Official and Title: Hon. Bill Barnett City Mayor 4. Details of Project- Description and Location: Description: This is an on-going TDC funded project for support of maintain on local beaches. The City in recent years has taken over the upkeep and grooming of TDC eligible beaches from the County. Under this project, the City removes litter, accumulation of algae, and rocks along public access beach portions of the Gulf within the City's jurisdictional limits. This is a benefit to both residents and tourist populations, and is beneficial to the preservation of the sand beach and shoreline. This year's request includes equipment operator's salary and benefits; equipment fuel and maintenance, contractor and equipment. Location: Signification coordination of effort continues between the City and Collier County concerning beach maintenance. The project boundary location is from southernmost State- permitted beach cleaning area within the City's jurisdictional boundary to Clam Pass in Collier County. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $75,850 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No() Collier County Tourist Development Council Category "A" Grant Application - Page 2 Beach Maintenance_ (Project Title) PROJECT BUDGET PROGRAM ELEMENT TDC Funds Requested Cityrraxing District Share State of Florida Share Federal Share TOTAL PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) _Salaries _Equipment Fuel and Maintenance___ _Beach Cart - Gas wI Manual Bed Lift_ _Two Beach Trash Compactors at Pier_ TOTAL CAC April 8, 2010 VIII-Z-d New Business 25 of 35 AMOUNT $ _75,850 $ $ $ $ _75,850 $_48,000 $_6,000__ $_11,850 $_10,000 $ _75,850 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. ~ ,tT, /J-iL /^i/.>/J ~William Moss, City Manager "5//8' lit) Date .' . CAG April 8, 2010 VIIl-2-d New Business 26 of 35 EXHIBIT A ADDITIONAL INFORMATION ELIGIBILITY: Beach Maintenance activities will take place on beach area that are least 80% classified as eligible under the TDC guidelines. The project boundary location is from southernmost State-permitted beach cleaning area within the City'sjurisdictional boundary to Clam Pass in Collier County. ORGANIZATIONAL CAPACITY: The City of Naples will be the primary recipient and lead agency for controlling and completing all aspects and activities proposed in this grant application. The City will remain the lead agency for the duration of funding and will be the sole point of contact for all matters related to this proposal. The City has the managerial and financial capability to ensure proper planning, management, and completion of the project described in this application. BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is involved simultaneously in two or more projects, the staff will not be compensated for more than 100% of their time for any such dual involvement. PROJECT LOCATION MAP: c.-"",,",~""";II"""'~ Leaend ";'$f~l't\k~4U:, CAC April 8, 2010 VIIlv2vd New Business 27 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Vee:etation RepairlExotic Removal County Wide 1. Name and Address of Project Sponsor Organization: Coastal Zone Manae:ement 3300 Santa Barbara Blvd Naples, Florida 34116 2. Contact Person, Title and Phone Number: Name: Gail Hambrie:ht, Accountant Address: 3300 Santa Barbara Road City Naples ST FL ZIP 34116 Pbone: 252-2966 FAX: 353-4061 3. Organization's Chief Official and Title: Donna Fiala. Chairmau Board ofCouuty Commissioners 4. Details of Project- Description and Location: Dune plantiue: and exotic removal e:reatlv contribute to a healthv beach environment. Each fiscal vear the county sets aside $75,000 to repair dune vee:etation and remove exotics on all our county beaches. Condo dune plantine:s to be capped at $15.000 and awarded out of this Grant. 5. Estimated project start date: October 1. 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $75.000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VllI.2-d New Business 28 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Vee:etation RepairlExotic Removal County Wide PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 75.000.00 $ $ $ TOTAL $ 75.000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Planting/Removal $ 75.00.00 $ $ $ $ TOTAL $ 75.000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date GAG April 8, 2010 VIII.2-d New Business 29 of 35 ; COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Naples Pier Annualized Repair and Maintenance I. Name and Address of Project Sponsor Organization: City Of Naples 735 Eighth Street South Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: Address: David Lykins, CSD Director 280 Riverside Circle City: Naples State: FL ZIP: 34102 Phone: 239/213-7110 FAX: 239/213-7130 Other: dlvkins(al,naplesl!ov.com 3. Organization's Chief Elected Official and Title: Hon. Bill Barnett City Mayor 4. Details of Project- Description and Location: Description: The activity description for this project includes labor and material for the upkeep and safety of the pier, The pier is a pubic access beach facility as a tourist attractor and destination. The pier structure has a shoreline erosion control and beach preservation effect. Additionally, the public safety through the continued maintain of the pier is of paramount importance. Repair and maintenance issues include responsibility and public safety of pier structure, wooden deck, restrooms and storage facilities as well as water and electrical systems related to the pier's use as a fishing, tourist and beach preservation structure, Location: The project location is at the 12 A venue - South terminus beach end. Please refer to Project Location Map found in Exhibit A. 5. Estimated project start date: October 1, 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds 'Requested: $55,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No() CAC April 8, 2010 Vlllv2vd New Business 30 of 35 Collier County Tourist Development Council Category "A" Grant Application - Page 2 _ Naples Pier Annualized Repair and Maintenance_ (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested Cityrraxing District Share State of Florida Share Federal Share $ _$55,000 $ $ $ TOTAL $ _$55,000___ PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salaries and Material $_$55,000 $ $ $ $ TOTAL $ _55,000 I have read the Tourist Development Category "An Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. v. A J\ /~b-VJ ~ lUiam Moss, City Manager "3///1 //// Date GAG April 8, 2010 VIII-2-d New Business 310f35 EXHIBIT A ADDITIONAL INFORMATION ELIGIBILITY: The pier structure is no more than one-half mile from a public beach facility, public access point, and hotel or motel facilities and is on a beach area classified as eligible. BUDGET ASSURANCES: Dual Compensation: If a City project staff member or consultant is involved simultaneously in two or more projects, the staff will not be compensated for more than 100% of their time for any such dual involvement. PROJECT LOCATION MAP: CAC April 8, 2010 Vlll~2-d New Business 32 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Fund 195 Admiuistration 1. Name and Address of Project Sponsor Organization: Coastal Zone Manae:ement W. Harmon Turner Bide:. 3301 East Tamiami Trail, Suite 103 Naples, Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrie:ht. Accountant Address: W. Harmon Turner Bide:. 3301 East Tamiami Trail, Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle, Chairman Board of County Commissioners 4. Details of Project- Description and Location: This item includes a total of 5 emplovees for personal services totaline: $456.100. office operatine: expenses totaline: $50,000. capital expenses totaline: $5,000 for a total of $511.100. 5. Estimated project start date: October 1,2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $511,100.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIII-2vd New Business 33 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Fund 195 Administration PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 5] 1.1 00.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ --- TOTAL $ 511.1 00.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Personal Services Operating Expenses Capital $ 456,100.00 $ 50,000.00 $ 5.000.00 $ TOTAL $ 511.1 00.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date CAC April 8, 2010 VIII-2-d New Business 34 of 35 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Fund 195 Administration - Indirect Administrative Costs I. Name and Address of Project Sponsor Organization: Coastal Zone Manae:ement W. Harmon Turner Bide:. 3301 East Tamiami Trail, Suite 103 Naples. Florida 34112 2. Contact Person, Title and Phone Number: Name: Gail Hambrie:ht, Accountant Address: W. Harmon Turner BIde:. 3301 East Tamiami Trail. Suite 103 City Naples ST FL ZIP 34112 Phone: 252-2966 FAX: 252-2950 3. Organization's Chief Official and Title: Fred W. Covle. Chairman Board of County Commissioners 4. Details of Project- Description and Location: This item includes various indirect administrative costs provided bv the County totaline: $117,700. 5. Estimated project start date: October 1. 2010 6. Estimated project duration: 12 Months 7. Total TDC Tax Funds Requested: $117.700.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes (X) No ( ) CAC April 8, 2010 VIII-2-d New Business 35 of 35 Collier County Tourist Development Council Category "A" Grant Application Page 2 Fund 195 Administration - Indirect Administrative Costs PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested City/Taxing District Share State of Florida Share Federal Share $ 117,700.00 $ $ $ TOTAL $ 117,700.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Personal Services $ 117.700.00 $ $ $ $ 117,700.00 TOTAL I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor Organization's Chief Official Date GAG April 8, 2010 VIIl-3-a New Business 1of26 Florida Department of Memorandum Environmental Protection DATE: March 24, 2010 TO: Dr. Merrie Beth Neely Bureau of Beaches & Coastal Systems Mail Stop #300 FROM: Jeff Raley ~:< Bureau of Natural & Cultural Resources Mail Stop #530 SUBJECT: Collier County's JCP application, File No. 012538; Wiggins Pass Thank you for the opportunity to provide input to the Joint Coastal Permit appiication for the Wiggins Pass Maintenance Dredging and Navigation Improvement Project. Collier County's Coastai Zone Management section has involved Florida Park Service (FPS) staff with this project (along with other Wiggins Pass stakeholders), from participation in the "Wiggins Pass Modeling Evaluation Work Group" (April 2008 to February 2009) to recent review of draft dOGuments that are now included in this JCP application. As such we have been provided input direGtly during project design phase serviGes by Coastal Planning and Engineering (CP&E). This memo is intended to summarize our general comments and project concerns that we have discussed direGtly with County staff and consultants and other stakeholders. FPS staff feel the project goals have considerable merit According to the modeling results that have been shared, implementation of this project would reduce the frequency of Wiggins Pass maintenance dredging events, result in safer navigation through the pass, and reduce the erosional impacts to Barefoot BeaGh. The proposed design appears very Gompetently engineered and refined through advanced coastal modeling teGhniques-to accomplish these goals without the use of "hard" Goastal structures, We defer to engineering staff of the Bureau of Beaches and Coastal Systems (BBCS) to assess the validity of the modeling assumptions and accuracy of the results. 81so, we appreciate BBCS staff diliQence to ensure beach quality sediments would be placed on state lands. FPS is charged with maintaining a safe and enjoyable park experience to over half a million visitors each year to Delnor-Wiggins Pass State Park (DWSP), to preserve and protect the resourGes and natural communities of the park, and to proteGt the publiG's investment in the land and facilities. As such, FPS staff have looked very carefully for potential negative impacts in these areas. Please consider the following comments on the project and requests that we feel will help improve the project success for all stakeholders. fJ] First, we request that projected Mean High Water Lines are delineated on a recent aerial map of the park area to more clearly illustrate the project expectations from the modeling results. I suggest the current MHW line is shown along with the estabiished hydrographic survey lines. MHW lines projeGted for post-Gonstruction plus a month, and projected for each year after construction would also be shown AGcording to the projected erosion and accretion levels that the project's modeling results indicate, we feel that implementation of the project would not have adverse erosion effects to Page I of3 GAG AprilS, 2010 VIII-3-a New Business 20f26 the park. If re ulator staffs a ree that potential adverse im acts from the roject are minimized FPS st ff r . t. owever, despite all con I ence in the careful design and modeling efforts that are demonstrated here, we feel that implementation of the project could have unforeseen conse ences to ark mana ed lands. The project's engineering report (presente in attachment 33a 0 t e permit) discusses how the "Sediment Budget" has changed over reGent history. The projeGt design includes dredging the flood shoal llnd throuah hard substrates adjacent to park lands along the proposed template. What If thiS unintentionally causes another sh1T11n me semmel'll bUdget, and adverse cnanges to erosion levels along the park shoreline? We understand there is not a way to Gompletely absolve this unGertainty. Rather, we would like to work with all parties early on--to establish permit conditions and monitoring plans that wouid be acceptable if the project otherwise qualifies tor JCP. In coordination with all parties, we Gould: . Identify acceptable threshold levels of erosion loss (beyond that projected) along the project established survey lines, . Establish simple field GPS traGking methods to monitor shoreline advances and recessions along these surveys lines . Establish that if erosion beyond a threshold level persists for over a set period (documented by field tracking), then additional timely surveys and study will be required to determine all causes and to quantify the extent of losses (volume of sand, land area, and resources) from all causes . Require timely mitigation to slow adverse migration of the dredged channel cuts . Establish terms of responsibility to restore land area and vegetation that is lost (if erosion losses are determined to be project related). During our involvement with the Wiggins Pass Modeling Work Group meetings, we discussed a few specific concerns that do not seem to be addressed with the permit application package. . The referenced engineering report concludes that "sand bypassing to the north should be increased by approXimately 2.65 times the south." Also, it is summarized that the new pass alignment is expeGted migrate slowly northward, and this is "manageable and desirable for. avoiding impacts to the shoreline along Delnor Wiggins State Park." Even so, we request that DWSP beaGhes are not be conside d" econda dis osal are "in the inlet management plan up a es or t e permit documents. Conditions may change. We ask that ongoing analysis of pre-dredge, project monitoring, and post-storm survey data should be used to determine the levels of sand backpass and bypass In our opinion, the permit application as submitted is /overlY limited. We desire that the placement of beach Quality sand from the project should be in the areas of Qreatest need rather than by the current sediment budget ratios. During work group meetings with County and CP&E staff, we discussed potential projeGt actions or impacts especially to the northwest and northeast segments of park beach. We would like to see the permit sketches and other permit documents inclurlA pntAnti~1 nA~r~hnrA ~nrl bA~r.h placement areas at these 10Gations. The permit sketches show the "secondary disposal area" Doundary north boundary at R-17.7. We would like to see the permit drawings include potential beach or nearshore placement north and west along the park's shoreline (to approximately station C3). This area has significantly eroded since the 2002 dredging event. and was formerly popular habitat for least terns and other shorebirds. Sand placement in this area may become necessary to mitigate erosion Gaused by storms or unexpected results of project dredging. Also, we discussed potential effects from dredging the "fillet" close to the northeast boundary of the park. This fillet is shown on the permit drawings as a cut to round the corner from the proposed south channel cut to the pass. If this cut causes additional loss of beach and mangroves along this northeast park boundary, we desire to leave permit document options open to mitigate these losses. If these sand plaGement areas are not included as basis of biological opinions, we feel that delays in mitigating adverse erosion trends may result. Page 2 on CAC April 8, 2010 VIH-3-a New Business 30f26 Inclusion of beaGh or nearshore disposal along the park's beaches should not imply that these sites can be used for disposal of dredged materials without FPS Gonsent by formal Use Agreement. Please note that the legal boundary of the park extends to 300 feet offshore along the area labeled as "secondary disposal". The primary pass cut is intended to cut through the accretional "sand wave" that exists along the pass shoreline of the park, Also, the north east park boundary in the project area extends to the centertine of the south channel cut. These boundary issues will need to be formally addressed in Goordination with the FPS and the Bureau of State Lands. FPS requests the right of refusal for any dredged materials to be placed on or nearshore to the Park's beach for each dredging or mitigation event. In some cases, we feel that alternate sources of beach quality sand may be called for if there is a requirement to mitigate erosion losses. As eaGh dredging or mitigation event is Gontemplated by the County. we request full FPS involvement in the planning, and quality assurance of sand to be placed along park beaches. We request that the timing of each dredge project or sand placement event is carefully Goordinated to minimize impacts to natural systems and visitor services or events at the park. Finally, we acknowledge that this project opens up some great opportunities to enhance shorebird and wading bird habitat along beaches of the project area. We feel that quality shorebird habitat may be shifted away from the park beaches somewhat due to the project. However it appears that habitat may be greatly enhanced in other areas, espeCially along the proposed sand dike fill areas for Barefoot Beach. We encourage the Gounty to work with FPS and FWC staff to designate and preserve some of these areas for protected shorebird habitat. And we ask that cooperative programs are further developed on each side of Wiggins Pass to expand public knowledge on the shorebird conservation needs. I hope this memo is received in the spirit of cooperation intended, Please do not hesitate to call us to discuss this project or these requests further. JRljp Page 3 of 3 GAG AprilS, 2010 VIII-3-a New Business 4 of 26 Florida Department of Environmental Protection Charlie Crist Governor Jeff Kottkamp Lt. Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Michael W. Sole Secretary March 24, 2010 Collier County 3301 E. Tamiami Trail Naples, FL 34112 c/o Stephen Keene Coastal Planning and Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 REOUEST FOR ADDITIONAL INFORMATION (RAI # I) JCP File Number: OI42538-00S-JC, Collier County Applicant Name: Collier County Project Name: Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Dear Mr. Keene: This letter is to acknowledge receipt of your application for a Joint Coastal Permit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes; and authorization to use state-owned submerged lands, pursuant to Chapter 253 and 25S, Florida Statutes. Preliminary evaluation of your proposed project leads Bureau staff to the conclusion that the placement options for the non-beach compatible material to be dredged from the channel expansion cannot be recommended for approval. Specifically, the placement of clay and peat into the existing inlet channel meander and/or tbe nearshore waters of the Gulf. Special handling is required for disposal of this material in an appropriate upland location outside the coastal zone. Also, this does not imply that the staff will recommend approval of the excavation of the clay and peat substrata. The consolidated material beneath the inlet bottom acts to maintain the inlet at this historical location along the coast and its removal could lead to inlet migration and erosion of the adjacent Park lands. Additional information is requested below regarding this potential adverse impact. In any case, the staff does not anticipate a recommendation for approval of a permit that includes disposal of the clay/peat in the coastal zone. While this is by no means final agency action or notice of intent thereof, it does represent the staff review of your application and considerable experience in permitting matters. We "Afore PrOh'Clion, Le.,,'.\' Process" www.dewsfale.jT.us GAG April 8, 2010 VIII-3-a New Business 5of26 Request for Additional Information (RAI # I) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 2 of23 are sending you these comments at this early stage of the processing to allow you to assess fully the fnrther commitment of financial resources for design dependent on permit issuance. Please be advised that your permit application is considered to be incomplete as provided for by Chapter 120,60, Florida Statutes, and Rule 62B-49, Florida Administrative Code. Receipt of information listed below is required. The items of information are numbered to correspond with the item numbers on the application form. When replying to this Request for Additional Information (RAI), please address your response to my attention (the undersigned permit processor). Please keep your RAI response separate from Scope of Work (SOW) submittals to the Project Manager in the Bureau's Beach Erosion Control Program. Misdirecting your response or combining your response with SOW matters will delay the review of your application. Please feel free to courtesy copy any other individuals with your response, but only responses addressed to the permit processor will be reviewed as part of your permit application. Please submit three (3) hard copies of your response. Also, please prepare and submit one (1) electronic copy of your response (response document text, all attachments, and drawings) and submit it on a CD in Adobe Acrobat Reader<l!l (.pdt) format. 5. Describe in general terms the proposed activity including any phasing. Total estimated volume to be dredge is 80,000 cy. Please provide estimates of the dredge volumes to be placed in each of the material placement areas stated above. The dredge depths noted on the cross-section vary from the table in Attachment 5. Please clarify the maximum dredge depths for the entire channel, noting the maximum dredge depths on a drawing for each subarea of the channel. Of the 80,000 cy proposed to be dredged from the channel, what volume will be placed in the existing channel meander, the beach disposal sites, and nearshore disposal sites? What portion of the total volume is expected to be unsuitable material? Of that unsuitable material volume, what is the volume ofthe rock, peat, organic clay, and silty sands? What portion of the total volume is expected to be beach quality sands? 7. Describe the purpose and need of the proposed activity including any public benefits. Please provide information to justify the navigational need for straight interior channel as opposed to the recreational boating access that has been provided by the natural interior channel. Information may include a record of reported accidents and navigation advisories. r'More Protection, Less Pn)(.:ess ,. wwwdep,sfule.jl.us GAG April 8, 2010 VIII-3-a New Business 6 of 26 Request for Additional Information (RAI # 1) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 3 of23 11. Have you obtained approval from the Department of State, Division of Historical Resources? If yes, provide a copy of the letter of approval. We have requested this information on your behalf but it has not yet been received. No further action is required of you at this time, however, you application will remain incomplete until the information is received. 13. A copy of the Division of State Lands title determination. If you do not have title determination, department staffwill request that the Division of State Lands conduct a title check. The title information check on your project reveals two existing easements (No. 30353 (5] 65- II)) and 29908 (5265-11)) and two existing leases (No. 3869 to Collier County for Barefoot Beach State Recreation Center, and No. 2514 to DEP Division of Parks and Recreation for De\nor Wiggins State Recreation Area) in the project area - as well as state owned submerged lands. There is a concern that the new channel template may encroach onto Park land. Your project will require a "letter of no objection" from the other easement/lease holders, and the applicant is required to obtain and submit those letters to FDEP. See also Item 14 below. 14. Satisfactory evidence demonstrating that the applicant has sufficient control and interest in the riparian upland property, as described in Subsection 18-21.004 (3)(b). Florida Administrative Code. Governmental entities that qualifY for the waiver or deferral outlined in this rule must provide supporting documentation in order to be eligible. If the applicant is not the property owner, then authorization from the property owner for such use must be provided. It is unclear from your response (attachment 14) if you are invoking the governmental waiver of this requirement. If you are, please submit evidence to show you qualifY for the waiver. If you are not requesting the waiver your response it not satisfactory in response to this Item - please provide the required information. 17. A legal property description and acreage of any sovereign submerged land that would be encompassed by the requested lease or easement, plus two (2) prints of a survey prepared, signed and sealed by a person properly licensed by the Florida State Board of Land Surveyors. Once the design has been finalized and the easement area has been determined we will required your sketches to be subm itted and official notice of the proposed easement to be sent to all affected property owners within the 1000 foot (500 foot radius) ofthe easement area. The official notice template is attached. Noticing can occur after the permit has been issued, however, the easement package cannot be processed by the Department and the Division of State Lands until the permit is issued and the green cards (or attempted delivery notices) have been submitted. Construction may not begin until the easement has been recorded Please ensure your "More Protection, Less Process" wlvw_dep_slale.jl. us GAC AprilS, 2010 VIII-3.a New Business 7 of 26 Request for Additional Information (RAI #1) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 4 of23 sketches meet the required 10 year public easement survey standards of the Division of State Lands. Your application will remain incomplete pending receipt of the required survey sketches 19. Written evidence, provided by the appropriate governmental agency havingjurisdiction over the activity, that the proposed activity, as submitted to the Department, is consistent with the state-approved Local Comprehensive Plan. Please provide this information when it is available. Your application will remain incomplete pending your respon5e. 23. Complete sets of construction plans and specificationfor the proposed activity, certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes, The plans shall clearly distinguish between existing and proposed structures and grades, and shall include the following: a. Plan view of the proposed activity depicting the mean high-water line, any easement boundary and the erosion control line (if applicable) within the area of influence of the proposed activity. Identify the boundaries of significant geographical features (e.g., channels, shoals) and natural communities (e.g., submerged grass beds, hardbOllom or mangroves) within the area of influence of the activity. Include a north arrow and a scale bar on each drawing. Show the mixing zone and OFW limits on the plan view drawings (please make sure they are shown together, along with the resources, on at least one plan view drawing). b. A sufficient number of cross-section views of the proposed activity depicting the slopes, the mean high-water line, any easement boundary and the erosion control line (if applicable) within the area of influence of the proposed activity. Identify the boundaries of significant geographical features and natural communities in the area of influence of the proposed activity. Elevations indicated on the cross-sections shall be referenced to the North American Vertical Datum of 1988 (NA VD 88). Please provide any missing cross section views (03+00, C-4, etc). Please provide longitudinal cross sections of the channel for all areas (C26 to ]2+00, C33 to C29 and CN35 to C29). On sheet 30, why are there two colors shown on the fill cross-section of the scarp repair area- does this just delineate the MHWL elevation? Or does it have more meaning? What is the plan for stabilizing the areas above MHW in this cross section? Why is construction to this elevation (+3.7 feet) necessary? How was this elevation chosen? Is it only temporary as a result of the containment dike construction? See also Item 28. ,. ,\fore Protectio/1, L(!ss I'rocess" www.depslate.ft.us CAC AprilS, 2010 VIIl-3-a New Business 8of26 Request for Additional Information (RAI #1) Permit No. 14253S-00S-JC W ig8ins Pass Navigation Channel Expansion and Maintenance Dredging Page 5 of23 c. Details of construction, including materials and general construction procedures and equipment to be used (e.g., construction access, dredging method, dredged material containment, pipeline location). The Construction Document (Attachment 23c) should identify those reaches and placement options such that triggers are set to change the placement option as necessary. This is particularly important to address the dredging of organic clay, peat, silty, and rocky layers that have been identified through the geotechnical investigation and provide the Department with reasonable assurance that non-beach compatible material will not be placed on the beach, in the nearshore, or in the channel meander, and potentially impact resources both during construction and in the near future. (This is important for areas such as the organic clay layer seen in vibracore WPYC-09-06 and those materials from the flood shoal and tributaries currently proposed for placement in the channel meander.) Please clarify what is meant on page 5 of Attachment 5 where it states: "In keeping with a small project, the material can be disposed by sidecasting to the area 1,000 feet north of the inlet. There is no hardbottom north of the inlet and the nearest hardbottom is approximately 1,200 feet south of the inlet. Since this is a short term solution to lengthen navigation, sand returning quickly to the channel is not the major concern." This is also mentioned again in Attachment 23c. This narrative (attachment 5) also states: "Full periodic and intermediate maintenance dredging will be target for the low wave season during the late spring to early summer (during sea turtle nesting season), but with no on beach disposal or construction activity. Construction requiring beach placement of sand will take place outside sea turtle nesting season." What is the fate of material dredged during the periodic and intermediate maintenance dredging? Do you also intend to limit the placement of dredged material in the nearshore to between November 1 and April 3D? The narrative under Attachment 23c states: "Turbidity will be addressed similar to existing requirements." Please elaborate on these methods as this is an insufficient explanation to provide reasonable assurance that state water quality standards will be met during and after construction (see also Item 33d). The placement ofsilty/organic material in the existing channel, even if 'capped' by coarser material will potentially lead to chronic turbidity problems (and the associated natural resource concerns) if the filled existing channel eroded again in the future (see also Items 27 and 33b). Pay particular attention to describing how you will meet the OFW turbidity standards of 0 NTU's above background at the edge of the mixing zone during construction in some parts of the project area and particularly where constructing the proposed dikes and associated infilling of the channel and the Delnor Wiggins beach and nearshore placement areas (see also Item 33d below). "More Pr()ll!diol1, Less Process" www.dep.slate.fT.us GAC April 8, 2010 VIIl-3-a New Business 90f26 Request for Additionallnfonnation (RAI #1) Penn it No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 6 of 23 Please elaborate on the project design and construction details for the 'scarp repair area' shown in Figure A of Attachment 5 and the same area of Barefoot Beach called out as 'South Point Restoration' shown on sheets 3 and 5 ofthe plan view drawings and cross sections C-5, C-8 and sheet 30. Pay particular attention to describing how you will meet the OFW turbidity standards of 0 NTU's above background at the edge of your mixing zone (see also Item 33d below). What are the details of your plan to install new, or revise the locations of the existing, Aids to Navigation in the affected area? How will you update the appropriate Agencies navigational maps, Notice to Mariners, etc.? Have you coordinated with the US Coast Guard on your planned activities? If not, please do so, 24. In addition to the full-size drawings requested above, the information required under Paragraphs (20). (22) and (23) above shall be provided on 8 II2-inch by II-inch paper. certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes, Each drawing shall include an accurate scale or dimensions, and all information shown on the drawing shall be clearly legible. Please provide a fully annotated plot of the longitudinal cross-section of the proposed design of the channel cut, superimposed with the current bottom profile of the channel at Wiggins Pass and depicting the upper horizon of the limestone/peat/clay substrata. See also Item 23 above. 25. An aerial photograph or map with a scale of 1" = 200', showing: the project boundaries, DNR Reference Monument locations, major county landmarks, boundaries of significant natural communities (e.g., submerged aquatic vegetation. hardbOllom or mangroves) and special aquatic or terrestrial sites (parks, sanctuaries, refuges, Outstanding Florida Waters, aquatic preserves, etc.) within the project boundary and a minimum of I,OOOfeet in both shore parallel directions of the project boundary. This aerial does not meet the size requirement specified for this item; please submit expanded and updated resource maps for the dredge and fill regions that meet the proper scale requirements. Show the OFW boundaries and hardbottom resources on the map(s). Show the project area plus 1000 ft. in either direction on the map(s). See also Item 28 below regarding the identification of natural resources on this graphic that differ from the resource locations shown in Passarella - Exhibit I (2007). 26. A proposed construction schedule. The current maintenance dredging application is expired and the construction schedule you propose is ambitious, particularly in light of the proposed channel straightening. Has avoidance of snook spawning season been accounted for during the construction schedule, as with previous ",,1.101'1:: Prolt!ction, Li1sS Process" www.Jep.slute.j7.us GAG AprilS, 2010 VIII~3-a New Business 100f26 Request for Additional Infonnation (RAI #1) Pennit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 7 of23 maintenance dredging events? If not please discuss this in an updated schedule. This item is complete, but provide an updated construction schedule after the final project design is achieved. 27. Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated and the existing or native material at the beach fill site: a. Site plans showing the location of all core borings and the boundaries of the area to be excavated. Please provide a figure with the showing maximum dredge depths for each subarea of the channel with the locations of the vibracores and jet probes superimposed. Please provide a drawing(s) of the best estimate of the extent of the rock and organic clay layer that underlie the ebb shoal and current channel mouth. Both the rock and the organic clay layer (as seen in WPVC-09-06) are noted in Attachment 27, but no figure is provided other than the extent of the rock ledge noted previously by CEC. On Figure I in Attachment 27, the locations of four possible peat areas (labeled 2009 Possible Peat Areas) are noted on the map. How were these located? Is this something observed in the field? Was the areal and/or vertical extent mapped? How much of the material to be dredged do these peat locations represent? b. Core boring logs of all cores taken throughout the area to be excavated and surrounding area. Logs should extend at least two feet below the proposed bottom elevation. The depth of each visible horizon in the log should be reported relative to NA VD (88) and the material in each stratum classified according to grain size. Please provide the jet probe logs and other supporting geotechnical information gained from the collection of the jet probes. (Were samples collected? Field notes made that may help define the extent of rock and/or the organic clay layer underlying the ebb shoal? A brief discussion was provided in the geotechnical report with the application, but the supporting documentation is being requested.) f A sediment QA/QC plan that will ensure that the sediment to be usedfor beach restoration or nourishment will meet the standard~ set forth in paragraph 62B- 41.007(2)(j), FA.C. Please provide a sediment QA/QC plan required in Chapter 62B-41.008(1)(k)4.b. The template Sediment QNQC plan and guidance document for offshore borrow areas is available for guidance for this project on the Bureau's website (http://www.dep.state.fl.us/beacheslpublications/tech-rpt.htm#Geotechnical- Table). "Afore f'roleclion, Less Jlrocess" www.dep.stute.ft.us GAG April 8, 2010 VIII-3-a New Business 11of26 Request for Additional Information (RAI #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 80f23 Please submit a Word version of the plan so that changes from the template document can be easily seen and comments can be sent back to you (as necessary) using Track Changes feature in Word. 28. Using an established natural community classification system, describe each natural community within the area ofirifluence of the proposed activity and include: a. Acreage. b. Identification of the flora and fauna to the lowest taxon practicable, c. Characterization of dominant and important flora and fauna and estimates of percent biotic cover. d Sampling locations, date of sampling or measurements and methods used for sampling. Appendix 28-1 was missing Figure 2 and the map of the numbered resource Areas listed in Table 1 - and some of the appendices referenced in this report. Please provide at least an electronic version of the complete report. The black and white resource map by Passarella - Exhibit 1 submitted in the narrative under attachment 28-IB (page 6), based on natural resource surveys performed in 2007 seems to indicate more resources and in different areas than shown on the aerial submitted in Attachment 25. Since this is black and white it is difficult to read - please provide a color version of this figure and at a larger scale. Discuss the sometimes dramatic differences in resources and locations identified in the project area in just a year. Are you confident that the recently performed CPE field survey visited all the areas identified in this map and confirmed those resources do not exist today? As a result of this discrepancy between the statements in the narrative under Attachment 33d and 28-1 B we must inquire for clarification on direct impacts. Please also elaborate on indirect and cumulative impacts, including potential sloughing of channel walls, which may impact the adjacent seagrass beds. What type, by species, and acreage(s) of benthic natural resources (seagrass, hardbottom, and oyster reefs) will be directly and indirectly impacted by filling in the old existing channel? By dredging the new alignment to the channel? By disposing of the material in the nearshore off Den lor Wiggins and Barefoot Beach? What acreage of new intertidal habitat suitable for colonization of these resources will be created? Do you intend to transplant seagrasses into the newly created intertidal habitat where the channel is infilled? Will you maintain the diked areas that may be supratidal for some time period to ensure that no exotic invasive plant species colonize them? Hardbottom exists directly south of the inlet and this edge was mapped during the Collier County nourishment project. A pre-construction update (baseline survey for this project) will be required. The project description states there is no hardbottom north of the pass (off Barefoot Beach "disposal" area which is suggested as the priority of the two placement areas). Is this ",.'\.lol'c Protection, Less Proass" wwwdep,state,jl.us CAC April 8, 2010 VIII.3vB New Business 120f26 Request for Additional lnfonnation (RAI # 1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 90f23 based upon a prior survey? If so, provide the data from this survey in support of Item 28. The hardbottom south of the pass was mapped; the volumes of placement, equilibration of the toe of fill of the beach and nearshore placement material, etc. should be discussed in your response in relation to the existing hardbottom resources here. Biological monitoring will be required at all hardbottom locations (either ephemeral or persistent) adjacent to the Pass. A recent baseline natural resource survey, conducted during the summer months, and a draft biological monitoring plan are required to be submitted as a completeness items (we acknowledge the 2009 survey, but nonnally our requirement is that the survey must be less than I year old. This is open to negotiation). Differentiate between ephemeral (less than 30cm of sand depth coverage) and persistently exposed nearshore hardbottom in these surveys. The applicant/agent is advised to contact Dr. Kosmynin about the current requirements of the post-construction biological monitoring plan and the baseline survey prior to conducting this surveV in the field, The previous Collier County project can be used as a basis for developing a similar protocol even if the specific transect and quadrat locations will differ. 30. Results of available wildlife sUl1leys that have been conducted on the site, and any comments pertaining to the proposed activity from the Florida Fish and Wildlife Consel1lation Commission. In accordance with Florida Statute 379.2431 (I), the following additional infonnation is required for FWC to complete their review of this project. a. Please provide a detailed map showing the location of all gopher tortoise burrows within 25 feet of the area that is proposed to have scarp repair at the southern end of Barefoot Beach. These gopher tortoise burrows may need to be relocated prior to construction. Please check with your regional gopher tortoise conservation biologist. b. Weare concemed about the ratio of sea turtle false crawls to nests in the proposed till area on Delnor- Wiggins State Park (R 17 -R 19) for the 2008 and 2009 sea turtle nesting seasons. Can you please explain the high ratio of sea turtle false crawls to nests for the past two nesting seasons in the proposed fill area? c. The table depicting the marine turtle nesting data shows the number of nests and false crawls for Barefoot Beach between R 13 and R 16. Does the nesting data include the area south ofR-16 and the proposed South Point Restoration area? If not, please provide the marine turtle nesting data that has occurred south of the R- 16 marker on Barefoot Beach. d, Although your application states there are none, please identify all derelict structures that will be removed prior to beneficial beach disposal (restoration) of "More Protecfion, Less Process" wwwdep.Sfafefl.us GAG AprilS, 2010 VIII-3-a New' Business 13of26 Request for Additionallnfonnation (RAl # I) Pennit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 10 of23 dredged material- or re-confinn there are no derelict structures, outfalls or mangrove stumps to be removed along these shorel ines. e. It has been noted that piping plovers have been observed on Barefoot Beach. Are winter shorebird surveys being conducted on Barefoot Beach and Delnor-Wiggins State Park for piping plovers and other shorebirds? If so, how often? It has been noted that no shorebirds have nested within Delnor-Wiggins Pass State Park since the] 980's. Are nesting shorebird surveys being conducted on Delnor-Wiggins State Park and Barefoot Beach each year? f. Creation of an elevated beach benn can expose marine turtle hatchlings to lights that were not visible prior to the beach project. Under existing state requirements, marine turtle nests cannot be relocated due to lighting. Prior to construction, the local govemment should ensure that appropriate measures are in place, such as a lighting ordinance, within the project area. We acknowledge a copy of the lighting ordinance for Collier County which includes Barefoot Beach has been provided. Is Delnor-Wiggins State Park under the same lighting ordinance? If it is different, please provide a copy of the lighting ordinance for Delnor-Wiggins State Park. Please contact Eric Seckinger at (850) 922-4330 or via e-mail atEric.Seckingerrqlmvfwc.comif you have questions or clarifications about this Item. 31. A current Biological Opinion from the Us. Fish and Wildlife Service or the National Marine Fisheries Service, when the Florida Wildlife Conservation Commission has determined that the proposed project will result in a take of marine turtles, which could not be authorized without an incidental take determination under federal law. Please provide the USFWS and NMFS (if applicable, as essential [snook] fish habitat) Biological Opinion(s) for this project when they are available. Ensure your consultations cover the range of dredging equipment you propose to use under Attachment 23c and that all the federally listed fish, birds, reptiles/amphibians and mammals that may be impacted by the project are covered in your BO(s). Your application will remain incomplete until they are received. 33. Analysis of the expected effect of the proposed activity on the coastal system including but not limited to: a. Analysis of the expected physical effect of the proposed activity on the existing coastal conditions and natural shore and inlet processes. The analysis should include a quantitative description of the existing coastal system, the performance objectives of the proposed activity, the design parameters and assumptions, relevant computations, validation of the results and the data used in the analysis. "Aforr: j'rolr:ct;on, Less Process" www.dep_slate.jl.us CAC April 8, 2010 VIII-3-a New Business 140f26 Request for Additionallnfonnation (RAI # I) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 11 of 23 After a review of the infonnation submitted in the application, the Bureau engineering staff considers the engineering data and analysis to be incomplete to adequately demonstrate the expected effect of the navigation channel expansion on the inlet and adjacent beaches. Coastal engineering data and analyses necessary to complete the application are requested under Item 33a and Item 33c below. In addition to other infonnation contained in the application and the Bureau files, engineering staff has reviewed Attachment 33a to the application titled "Engineering Report for a Maintenance Dredging, Navigation Improvement and Erosion Reduction Project for Wiggins Pass, Florida", February 2010, prepared by CP&E (35 pages). The engineering staffalso reviewed: the "draft Numerical Modeling of Wave Propagation, Currents and Morphology Changes, Phase II: Numerical Modeling of Alternatives Report", January 2009, also prepared by CP&E (89 pages); the "Wiggins Pass Study, Hydrodynamic and Sand Transport Modeling", August 2007, prepared by Humiston and Moore; and the "Wiggins Pass Inlet Management Plan" report dated August 1995, prepared by CP&E. Coastal Engineering Analvses and Reoorting Please provide a revised report including the information requested below. The report shall be certified by a professional engineer registered in the State of Florida. The data and analysis should include but not be limited to the following specific items below. Provide engineering data and analysis that demonstrates with reasonable assurance the proposed activity will maintain lateral stability within the historic alongshore location of the Wiggins Pass. The engineering and modeling reports do not provide adequate data and analysis of geologic control on the alongshore location of the inlet that is provided by the limestone, peat and clay substrata. More importantly, information does not demonstrate that dredging and removal of this stabilizing geologic feature will not cause the inlet to migrate and erode the adjacent Park lands. The ebb shoal provides hydraulic stability both in maintaining the lateral location along the shoreline and shoaling rates and patterns. The modeling analysis predicts the deflation and eventual loss of the ebb shoal feature after navigation channel expansion and continuing maintenance dredging. The reports do not provide adequate data and analysis on the lateral stability of the inlet or shoaling rates and patterns under these conditions. Please provide engineering data and analysis that demonstrates with reasonable assurance the expected effects of the proposed activity on the inlet system and adjacent beaches. The data and analysis should include but not be limited to the following specific items below. The engineering report references the historical loss of ebb shoal volume attributed to channel maintenance dredging and associated with increased erosion rates on the adjacent "Afore Prolt;'ction, Less Procl,tss" www.dep.slate.jl.us GAG AprilS, 2010 Vfll~3-a New Business 150f26 Request for Additional Information (RAI # I) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 12 of 23 beaches, As noted above, the modeling analysis indicates the deflation and perhaps eventual loss of the ebb shoal feature after navigation channel expansion and continuing maintenance dredging. The reports do not demonstrate that the placement of maintenance dredge material will be sufficient to offset increased erosion associated with long-term maintenance dredging activities in conjunction with continued deflation of the ebb shoal. The applicant has relied extensively upon numerical modeling to predict the expected effects of the proposed activity. Specific information is requested further below regarding the numerical modeling analysis; however, the Bureau engineering staff cannot recommend approval based numerical modeling without corroborating coastal data and analysis using generally accepted empirically- and theoretically based analytic solutions. Please include but not limit such an analysis to the following information: Inlets constricted by man-made or natural features may exhibit an actual throat section that is smaller than a stable cross-section in sedimentary equilibrium as determined from its tidal prism. The removal of constrictions can reduce the channel frictional resistance and thereby allow an increased flow that cou Id cause increased sediment transport with unexpected results on channel shoaling and lateral stability. Removing the constriction(s), such as the peat and clay substrata within Wiggins Pass, could result in unexpected inlet cross-section enlargement. Empirical data may provide insight into this potential. An understanding of the general hydraulic characteristics has not been provided, notwithstanding the development ofa fluvio-hydrodynamic model of the inlet. To assist in addressing the potential impacts of dredging Wiggins Pass, please provide the following hydraulic characteristics for both the predominantly diurnal tides and the predominantly semi-diurnal tides- Gulf tide range - 280 Bay tide range - 2ab Ratio of ranges _ ab ao Maximum ebb velocity - VMAXE Average max. ebb velocity - VMAX, Duration of ebb - Ll T, Lag of slack after low tide - Llte Phase lag, ebb - E., Maximum flood velocity - VMAXF Average max. flood velocity- VMAX, Duration of flood - LlTr Lag of slack after high tide - Lltf Phase lag, flood - Cf Existing cross-sectional area of the inlet throat - Aex;";ng (or Ac ) ",lforl! Protection, Less Process" www.dep.slatefl.us GAG AprilS, 2010 Vfll~3-a New Business 160f26 Request for Additional Information (RAI # I) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 13 of23 Critical cross-sectional area of the inlet throat - Acritical (or A:) [ reference: O'Brien, M.P., and Dean, R.G., 1972. Hydraulics and Sedimentary Stability of Coastal Inlets, Proceedings of the 13th International Conference on Coastal Engineering, Chapter 41, pp. 761-780.] Hydraulic tidal prism for flood and ebb - PH Keulegan coefficient of repletion - K [reference: Keulegan, G.H., 1967. Tidal Flows in Entrances: Water Level Fluctuations of Basins in Communication with Seas, Technical Bulletin No. 14, Committee on Tidal Hydraulics, Waterways Experiment Station, U.S. Army Corps of Engineers.] Impedance - F = 2aog sin E - 2 (V max) [ reference: O'Brien, M.P., and Clark, R.R., 1974, Hydraulic Constants of Tidal Entrances, Proceedings of the 14th International Conference on Coastal Engineering, Chapter 90, pp. 1546-1565.] Numerical Modeling Analvses and Reoorting Please provide a revised report including the information requested below. The report shall be certified by a professional engineer registered in the State of Florida. The draft numerical modeling report does not contain information necessary for a complete Bureau engineering staff review and basis for recommending approval or denial of the permit. The long term morphology modeling simulation (4 years) needs to consider changes that would occur in the sediment characteristics at Wiggins Pass and the surrounding area, including adjacent beaches, after the construction of the proposed project. Wide variations in sediment size distribution can affect the sediment transport potential at Wiggins Pass and the adjacent beaches. For assurances that the long term morphology modeling simulation results are accurate, such as Figure 40 on page 41 of the report, the changes in the median sediment size distribution need to be well represented in the model. Considering a constant value of 0.35mm for the median sediment size for all the grids for the entire simulation period is not adequate for analyzing the coastal processes at Wiggins Pass. In addition, please provide information on the sediment size distribution based on measured data assigned to the grid values in and about Wiggins Pass. (Also, provide the expected sediment size distribution after the 4 year morphology modeling simulation (equilibration).) As previously noted, the engineering and modeling reports indicate the deflation of the ebb shoal with historical and future maintenance dredging. However, the numerical modeling is limited to predicted effects on the coastal system through an initial four-year post-construction period following navigation channel expansion dredging. Please "A.tore PrOleclio/1, ],ess Process" www.dep_slatefJus GAC April 8, 2010 VI1I-3-a New Business 17 of 26 Request for Additional Information (RAI #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 14 of23 demonstrate how the modeling results lead to the long-term management of the improved navigation inlet considering the continuing changes to the inlet ebb shoal. The numerical modeling is used to assess sediment transport patterns, which significantly revise the results of the 1995 sediment budget developed by CP&E. Please provide a detailed explanation of how the modeling results were used develop the sediment budget. Please demonstrate that the revisions are not the result of changes in predominate wave direction that may occur during the record periods. The Bureau engineering staff has observed such changes in other areas of southwest Florida, although not within Collier County. Please include an explanation of Figure 40 of the report that appears to indicate the inlet is not a sediment sink, but is losing sediment to the adjacent coastal system north and south of the inlet. The reliability of the sediment budget is critical to inlet management activities; a sediment budget based upon coastal monitoring data is requested in Item #33c to validate the numcrical modeling results. Please provide additional detail from the simulation results, such as the channel stability computation methods used and the numerical values for each of the alternative, besides the classification provided in the tables. Plcase provide larger plots of the initial and final graphs with the borders of the channel designs of the 8 alternative cases drawn. In general, please provide larger plots than provided of key figures, such as of Figures 31-37 for visual analysis. If the applicant or the applicant's consultant has any questions about the comments or information requested above, please contact Subarna Malakar Coastal Engineer, at 850-413-7847. Looking at the cross-sections for profile lines C-12, and C-13, there is an interesting shape to the cut bank wall of the existing meander channel. In C-II and C-14, the cut bank wall is nearly vertical. In C-12 and C-13, a small 'ledge' is seen in the wall. Is there some geologic control, such as a layer of organic or peat material, or is this a function of the flow regime within the channel? What types of sediment exist on the cut bank wall of the existing meander? Within the existing meander channel, the channel deepens near profiles C-13 through C- 15. Is this a function ofa geologic control forcing the flow to erode the channel down (deepen the channel) rather than out (into the cut back) into the mangroves? Is there peat or organic clay at the channel bottom in the areas seaward of profile C-13? The analysis provided does not adequately assess the geologic control of the existing meander positioning. Please provide additional data and analysis to determine what geologic controls (as noted in the two comments above) exist, "Afore Prote,'tion, [,ess Process" .wwlV.dep,sfate/l.us GAG April 8, 2010 VIIJ-3-a New Business 180f26 Request for Additionallnfonnation (RAI # I) Permit No. 142538-00S-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 15 of23 Please respond to the issues raised in the attached letter from DEP Parks and Recreation (see also Items 33 d below), b. Analysis of the compatibility of the fill material with respect to the native sediment at the placement site. The analysis should include all relevant computations, the overfill ratios, and superimposed graphs of the cumulative grain-size distribution and the frequency distribution of the fill material over the data for the existing or native sediment at the placement site. Provide computations of borrow area volume and composite fill material characteristics (mean grain size and sorting, percent carbonate content) in an electronic spreadsheet The Bureau staff cannot recommend the current placement options for the non-beach compatible material to be dredged from the channel. The proposed disposal of non- beach compatible material in the existing channel meander does not provide the Bureau with reasonable assurance that the unsuitable material will not re-enter the system as the channel migrates and cause impacts to resources in the near future. Please assess alternative disposal options that have less potential to impact resources based on the potential risks associated with the non-beach compatible material identified in the areas to be dredged. The discussion of alternatives should address utilizing an upland containment disposal facility. The data currently available to the Department is inadequate to effectively delineate the non-beach compatible material identified in the proposed channel. Additional data and analysis is necessary to delineate this material. Special handling instructions are necessary to provide the Department with reasonable assurance that this material (both the identified non-beach compatible material and the unexpected material that may be encountered during dredging) will be handled correctly to minimize and avoid impacts to resources during construction and as the channel adjusts in the near future. Special handling instructions should be added to the construction document (Attachment 23c to the penn it application) or as an appendix to the Sediment QA/QC plan. Regardless of possible changes to the dredge template, special handling instructions are still required to address the dredging of unexpected non-beach compatible material that will likely be encountered during dredging. c. Demonstration of consistency with the Department's strategic beach management plan or an inlet management plan in accordance with Rule 62B-41.005(l5), F.A.C. If the proposed project is not included in an inlet management plan the applicant will provide the information specified in Rule 62B-41,008(l)(m), F.A.C. ";\.ton;! Protection, Less Process" wWl1'.dep.slotejl.us GAG April 8, 2010 Vlll~3va New Business 190f26 Request for Additional Information (RAI #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 160f23 The proposed navigation channel expansion is not a recommended inlet management strategy as adopted in the Department's Strategic Beach Management Plan (200S). The 1995 study of inlet management plan alternatives was used to support the County's application for environmental permits to construct the navigation and sediment management improvements that were constructed in 2000. The proposed 20 10 channel expansion is greater than all the channel designs considered in the 1995 study, The application will require submittal of the information specified in Rule 62B- 41.008(1)(m), F.A.C., as listed below. The application stated that Attachment 33a Engineering Report provides an update to the inlet management plan. The staff cannot recommend the Department adopt an updated inlet management plan for Wiggins Pass based upon the information provided in the Engineering Report. Although the information in the Engineering Report does improve the understanding of the coastal littoral processes at this location it does not provided all the information required for an update of the Department's inlet management plan, The engineering and modeling reports do contain much of the required information; however, these documents do not constitute an update to the inlet management plan in their present form or content. Please provide a comprehensive document that incorporates both the engineering and modeling reports as revised by your response to the information requested in Application Items 33, 37, and 3S. 1. A description of the physical characteristics ofthe inlet. 2. A sediment budget for the inlet. Please provide detailed coastal monitoring data, computations and analysis to supplement and validate the sediment budget about Wiggins Pass. This annotation to the sediment budget schematic provided in the engineering report is not adequate. 3. An analysis of the stability and hydraulic characteristics of the inlet including current velocities, tidal prism and current patterns of the flood and ebb tides. 4. A description of the wind and wave climate in the area of inlet influence. 5. A description ofthe sediment characteristics of the inlet and its related shoals. 6. The influence of existing manmade structures. 7. The current and historic shoreline erosion and accretion trends. S. A statement of performance objectives and an analysis ofthe expected "More ProJection, Less Pror.:ess" www.depslale.fl.us CAG April 8, 2010 VIII-3-a New Business 20 of 26 Request for Additional Information (RAI #]) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 17 of23 affect of proposed coastal construction on the coastal system and marine turtles within the inlet area of influence. 9. An analysis of available alternatives to the proposed coastal construction, including the no action alternative, on meeting the stated performance objective and any related affects on the coastal system or marine turtles. 10. A demonstration of the anticipated public benefits of the coastal construction. Pursuant to 62B-41,005(] 5), F.A.C., the plan shall provide for continued bypassing of the sand in sufficient quantity to insure that net long term erosion or accretion rates on both sides of the inlet remain equal except in cases where unequal erosion and accretion rates can be shown to be a result of natural processes and not caused by human activities. In all cases, mitigation shall be provided for any erosion effects to the adjacent coastal system attributable to alteration of the inlet. The mitigation shall include the placement of supplemental beach compatible material as needed, If the applicant or the applicant's consultant has any questions abont the comments or information requested above, please contact Robert Brantly, Coastal Engineer, at 850-413-7803. d. Analysis of how water quality and natural communities would be affected by the proposed project. Provide graphic representation (depiction) of the area of direct and secondary influence of the proposed activity and delineate the natural communities within that area. All required surveys shall be representative of conditions existing at the time of submittal. Surveys of submerged aquatic vegetation (SA V) shall be conducted in the field during the growing season for a given climatic region such that they capture the fUll areal extent and biomass of the SA V community. Species composition and spatial distribution shall also be addressed by the survey. Estimate the affected acreage of each impacted community. Please respond to the issues raised in the attached letter from DEP Parks and Recreation. What evidence do you have to support the statement in Attachment 5 and 28-IB (page9) that this project design will enhance snook habitat, as opposed to allowing the natural inlet migration processes to occur, or by planting mangroves to restore the 0.3 acres lost since the 1970's? Did snook experts assist you in designing this 'scarp repair' aspect of the project? If so, please elaborate on the inclusion of this beneficial design element on the overall health of this ecosystem following construction. Compare and contrast this potentially beneficial element with the adverse impacts to LMarl! Pruleclion, Less l'rocess" www.dc:;psfatef1.us CAC April 8, 2010 VIlI-3wa New Business 21of26 Request for Additional Information (RAI # I) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 18 of23 natural resources stemming from the straightening of the navigation channel following construction, or allowing the natural channel migration processes to occur. Water Oualitv: Some project areas (both Parks) are designated Outstanding Florida Waters, and will be subject to 0 NTU turbidity above background conditions at the edge of the mixing zone during all construction activities within their boundary. Post-construction turbidity and the general effect ofthe project on water quality within the project area is of concern to the Department for meeting the permitting and water quality standards. Please discuss the during- and post-construction turbidity expected from the project, paying particular attention the need for a mixing zone variance. Will salinity and dissolved oxygen increase or change with the new channel flow / alignment? How will these parameters affect the surrounding resources? Note: If a mixing zone is proposed, provide a narrative description and graphic representation of the mixing zone, Identify any areas within the proposed mixing zone that contain significant submerged resources. Explain why the size of the proposed mixing zone is the minimum necessary to meet water quality standards and provide justification for that size. Mixine: Zone: What will be the size of the mixing zone for this project? The applicant must justify the size of any mixing zone citing your project specific conditions, whether or not a variance is required. Provide justification for that mixing zone size (in both the offshore and downcurrent directions) even if it is less than the 150 meters size that the Department is authorized to issue without a variance. I f you do request a mixing zone variance please address the variance application requirements of Rule 62-110.104 F AC. Your application should: . provide documentation as to why "There is no practicable means known or available for the adequate control of the pollution involved." . provide justification for the requested size; . demonstrate why that size is the minimum necessary to meet the turbidity standard; . list the turbidity control measures that will be used to minimize turbidity; . show the hardbottom resources that would be encompassed within the mixing zone; . provide a graphic representation of the requested mixing zone. . identify any areas within the proposed mixing zone that contain significant submerged resources. . discuss how the elevated turbidity within the mixing zone would affect the encompassed hardbottom communities; and . include the additional variance fee ".\lore ]lrOleclion, LlfSS Process" www.dep.sfolt!.ft.US GAG April 8, 2010 VIIl-3-a New Business 22 of 26 Request for Additional Information (RAJ #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 19 of23 e. Reasonable assurances that a regulated activity will not cause unacceptable cumulative impacts pursuant to Rules 40X-4.302(1)(b) and 62B-41.002(19)((b), F.A.C. Attachment 33e begins; "The proposed channel realignment has been designed to avoid cumulative impacts to seagrass and mangrove resources." Please explain this statement in light of the questions posed in, and information gathered in response to Items 23c, 28 and 33d in this RAt. Perhaps this is more substantiated for mangroves, but based upon the Engineering report and historical inlet information and the past resource surveys, it does not appear that the newly proposed channel, nor the infilling of the existing channel takes into account the location of natural resources, such as oyster reefs or seagrass beds, as they have historically existed in this area. Cumulative impact avoidance would also include avoidance or minimization of sedimentation and light reduction (chronic turbidity) to seagrasses in the pass and nearshore hardbottom off the beaches, which is missing from the explanation provided in this response. This item will remain incomplete pending your response to the other items listed in this RAI. 34. Describe the location and details of the erosion. sediment and turbidity control measures to be implemented during each phase of construction and all other measures used to minimize adverse effects to water quality. Note the turbidity monitoring standards you propose may not be sufficient to meet the OFW requirements in all project areas. If a mixing zone is required, intermediate turbidity sampling stations will be necessary in addition to the point of discharge and limits of mixing zone. There is particular concern about during construction and post-construction (chronic) turbidity that may adversely affect seagrasses, bivalves and nearshore hardbottom within the project area. What are the distances of these natural resources from the limits of channel dredging and/or beneficial disposal areas? What level of turbidity (specify maximum and average NTU's) can be expected in each of these areas during construction? After construction? Will seagrass and/or oyster beds adjacent to the channel dredge footprint be subjected to increased erosion or subsidence with the new alignment? How about after the channel sloughs and erodes? Please describe in detail the analytical method or modeling you used to arrive at your answers to these questions. 35. Describe any methods proposed to protect threatened or endangered species. This item is complete and we acknowledge your response. Be advised that updated manatee, turtle and shorebird conditions are very likely to be required as a condition of any permit issued for this project. 37. A narrative description of any proposed mitigation plans, pursuant to Rule 62-345, FA.C., including purpose, a comparison between the functions of the impact site to the "Afore Protection, 1-ess l'ro(:ess" www.dep.:;wte.jl.us CAC April 8, 2010 VIII.3~a New Business 23 of 26 Request for Additional Information (RAI #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 20 of 23 mitigation site, maintenance, monitoring, estimated cost, construction sequence and techniques. For proposed artificial reefs, indicate the water depth, depth of sand overlying bedrock, proposed relief and materials (type, size and shape). Phvsical Monitoring and Mitil!ation Plan: Pursuant to 62B-41.005(16) and (17), F.A.C., physical monitoring and mitigation of the project is required through acquisition of project-specific data to include, at a minimum, topographic/bathymetric surveys and engineering analysis of the inlet system and adjacent beaches and offshore zone. The monitoring data is necessary in order for both the Permittee and the Department to regularly observe and assess, with quantitative measurements, the performance of the project, any adverse effects which have occurred, and the need for any adjustments, modifications, or mitigative response to the project. The plan shall specify the circumstances that are deemed an adverse impact to the coastal system and specify the mitigation activities that will be required by the Permittee to offset the adverse impact should the monitoring indicate the occurrence of the specific circumstances, Pursuant to section 161.041(4), F .S., provide financial or other assurances acceptable to the Department as may be necessary to assure performance with the monitoring and mitigation plan, which shall be a condition for granting a permit under this section should a permit be approved by the Department. If the applicant or the applicant's consultant has any questions about the comments or information requested above, please contact Robert Brantly, Coastal Engineer, at 850-413- 7803. You have not provided reasonable assurance that natural resource impacts (either direct or indirect) will not occur from the project, as currently designed - or that impacts have been minimized to the fullest extent possible. This item will remain incomplete pending your response to other items listed in this RAl (Items 23. 27, 28, 30, 31, 33a, d, and e, 34, and 38). 38. An analysis of available alternatives to the proposed coastal construction, pursuant to Rules 62B-4I.005(J7) and 40X-4.30I(3), FA.C. (where "X" represents "C". "D" or "E" for the corresponding Water Management District), that would minimize adverse impacts to the coastal "ystem. Discuss any related effects on the coastal system. The modeling report contains the evaluation of alternative channel designs that provide a safe channel for boating, address erosion to Barefoot Beach, and is economically cost-effective. The evaluation is based upon an understanding of the coastal processes that may not be complete and for which additional information is requested. As indicated in Item 33, the proposed activity has the potential for specific changes to inlet hydraulics that may result in adverse impacts to the coastal system. In accordance with Rule 62B-41 ,005( 17), F .A.C, for the Department to determine that all practical revision have been made, the applicant must considered these alternatives that avoid or minimize potential for adverse impact. Specific alternatives not included in the application that require evaluation are channel designs that: avoid excavation of "More Protel.'tion, Less Process" wWl1'.deps!utejl.us CAC April 8, 2010 VIII-3-a New Business 24 of 26 Request for Additional Information (RAI #1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 21 of23 the limestone/peat/clay substrata; avoid deflation of the ebb shoal; and avoid loss of shorebird habitat on Wiggins Pass State Park. Please submit an evaluation of each of these alternatives with the supporting data and analyses. If the applicant or the applicant's consultant has any questions about the comments or information requested above, please contact Robert Brantly, Coastal Engineer, at 850-413- 7803. 39. Afee, as set forth in Rule 62B-49.006, FA.C. The sum of the fees required by Chapters 62-4, 62B-41, and IS-2 J, Florida Administrative Code, has been calculated as $12,189. Please submit this amount by check made out to the Department of Environmental Protection, with the DEP File No. 142538-008-JC clearly indicated on the face of the check. A breakdown of the fees is as follows: Rule 62-4.050(4)(h)l.b. requires $9,120 for the total area of 14.6 acres of wetlands or surface waters directly affected by construction, Rule 62B-41.0085(3)(c) requires $2,500 for the SO,OOO cy designated for offshore disposal and Rule 18-21. OII(I)(b) requires $569 for the processing of the 10 year public easement. Please note that the fee calculated above must be sent to the Department within 45 days of submittal of your response (or partial response) to this RAI, or the application shall be denied (without prejudice) according to Rule 62B-49.006, FAC. If you believe that there is an error in the fee calculation, please contact Bureau staff BEFORE submitting your response to this RAt. Please publish the enclosed Notice of Application. Pursuant to Section 403.815, Florida Statutes and Rule 62-1 10.106, Florida Administrative Code, you (the applicant) are required to publish at your own expense the enclosed Notice of Application. This notice shall be published one time only within 14 days, in the legal ad section ofa newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.01 I and 50.031, Florida Statutes, in the county where the activity is to take place. The applicant shall provide proof of publication to the Department within seven (7) days of publication. If the applicant fails to provide all information required to complete the application within six (6) months after a request for additional information has been sent, the staff will close the permit application file after written notice to the applicant, except that a request for an extension of time for a period agreeable to the Department, but not to exceed one year, shall be granted upon demonstration by the applicant that the delay in completion of the application has been caused by matters beyond the control of the applicant. Application files closed under these procedures shall be closed without prejudice and a new application, accompanied by the appropriate fee, shall be required to renew the application. If the processing of the application is prolonged, or if a storm event is known to have altered the shoreline such that the staff determines that the topographic and bathymetric survey data is no "Afore PrUll!clion, 1.i!ss Process" www_depslatefl.us CAe April 8, 2010 Vlllv3-a New Business 25 of 26 Request for Additional Information (RAI # 1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 22 of 23 longer adequate to complete its analysis, then an updated survey shall be required as specified in Item No. 20 above. In the event that an updated survey is required, the application shall be treated as an amended application. "More l'ro/tCction, Less Process" Wl1-'w.depsfule.fT.us Request for Additional Information (RAI # 1) Permit No. 142538-008-JC Wiggins Pass Navigation Channel Expansion and Maintenance Dredging Page 23 of 23 Sincerely, ~~/2S~----'------- Merrie Beth Neely, Ph,D. Processor, Environmental Specialist III Bureau of Beaches and Coastal Systems Enclosure(s): Notice of Application Public Easement Notice Template DEP Parks and Recreation Letter (3-24-10) cc: Gary McAlpin, Collier County Lucy Blair, DEP, South District Jeff Raley, DRP Parks Small, DRP Subarna Malakar, BBCS Mike Barnett, BBCS Vladimir Kosmynin, BBCS Bob Brantly, BBCS Jenn Koch, BBCS Lainie Edwards, BBCS Vince George. BBCS Paden Woodruff, BBCS Alex Reed, BBCS Roxane Dow, BBCS JCP Compliance, BBCS Stephen Fleming USACE Marcia Cravens "i\lol"e f'nHecfion, Less Process" WWllI,depstatefl.us GAG April 8, 2010 VIII-3-a New Business 26 of 26 GAC April 8, 2010 Vlllv3-b New Business 1 of 13 EXECUTIVE SUMMARY Recommendation to approval Work Order under Contract 06-3902 for additional tasks for the Wiggins Pass project for time and material not to exceed $125,178. OBJECTIVE: To proceed with revised scope of work for Wiggins Pass project. CONSIDERATIONS: Additional task are necessary to complete the permitting process for a new 10 year permit for Wiggins Pass. These tasks were not included in the initial Engineering and Permitting scope of work for Wiggins Pass and required by RAI comments. ADVISORY COMMITTEE RECOMMENDATIONS: FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: Approve Work Order under Contract 06-902 for additional tasks for the Wiggins Pass project for time and material not to exceed $125,178, PREPARED BY: Gail Hambright, CZM CAC April 8, 2010 VIlI-3-b New Business 2 of 13 COASTAL PLANNING & ENGINEERING, INC. 8 2481 NWBOCA RATON BOULEVARD, BOGA RATON, FL 33431 561-391-8102 PHONE 561-391-9116 FAGSIMILE Website: www.coastalolannina.net E-mail: mail@coastaIDlannina.net March 26, 20 I 0 Gary McAlpin Collier County Government W. Harmon Turner Bldg., Suite 103 3301 E. Tamiami Trail Naples, FL 34112 Subject: Revised Collier County, Florida, Preparation of Inlet Management Plan and County Environmental Impact Statement for Design and Permitting for Wiggins Pass Improvements via Contract No. 06-3902 Dear Gary: Enclosed is a revised scope of work and fee proposal for additional tasks for the Wiggins Pass project. The additional tasks include preparation of an Inlet Management Plan (IMP) and a Collier County Environmental Impact Statement (EIS). Modeling of ebb shoal growth and behavior is described as a contingency item, should the work become a requirement for acceptance and approval of the IMP or the JCP permit. The fees are summarized on the attached scope of work and detailed on the attached spreadsheet. I f you have any questions regarding this scope of work, please call me. Sincerely, NGINEERlNG. INC. Step eehn, P.E. Senior Coastal Engineer cc: Sheri Dindial, CPE f:marketing/proposals/fl counties/collier/20 I O/wiggins pass additional work/cover letter cc wiggins pass addn..... CAC April 8, 2010 VIIl-3-b New Business 3 of 13 PREPARATION OF INLET MANAGEMENT PLAN AND COUNTY ENVIRONMENTAL IMPACT STATEMENT FOR DESIGN AND PERMITTING FOR WIGGINS PASS IMPROVEMENTS ADDITIONAL WORK SCOPE OF WORK Contract No. 06-3902 March 22, 2010 Revised March 26, 2010 The enclosed scope of work describes additional tasks necessary to complete the permitting process for a new 10 year permit for Wiggins Pass. These tasks were not included in the initial Engineering and Permitting scope of work for Wiggins Pass, since they were identified following its approval. The fee for the three (3) primary tasks is $82,604. The cost ofthc contingency task is listed separately below. Total for all tasks is $125,178. The tasks include: Task I. Preparation of an Inlet Management Plan (IMP) Task 2. Preparation of Environmental Impact Statement (EIS) Task 3. Preparation and Attendance at Meetings T&M NTE $54,980 T &M NTE $22,717 T&MNTE $4.907 Subtotal $82,604 Task 4. Contingency Modeling of Ebb Shoal T&MNTE $42.574 Total $125,178 This work will be based on the 1995 Inlet Management Plan prepared for Collier County (County), the recently completed Joint Coastal Permit Application (February 20 I 0), and the Wiggins Pass Modeling Report (January 2009) for Navigation Improvements and Erosion Reduction Project for Wiggins Pass, Florida. These tasks will be incorporated into the new report and EIS. I. INLET MANAGEMENT PLAN PREP ARA TION The Florida Department of Environmental Protection (FDEP) is requiring the preparation of a new inlet management plan as part of the permitting process as described below from Chapter 62B-41 Rules and Procedures for Application of Coastal Permits: (m) Demonstration of consistency with adopted statewide strategic management plan, an inlet management plan or a proposed draft inlet management plan in accordance with Rule 62B-41.005(16). If not included in the inlet management plan the applicant will provide the following: 1. A description of the physical characteristics oj"the inlet; 2. A sediment budget for the inlet; 3. An analysis of the stability and hydraulic characteristics oj'the inlet including current velocities. tidal prism and current patterns of the flood and ebb tides; 4. A description afthe wind and wave climate in the area of inlet irifluence; 5. A description oj'the sediment characteristics oj'the inlet and its related shoals; CAC April 8, 2010 Vlllv3.b New Business 4 of 13 6. The influence of existing manmade structures; 7. The current and historic shoreline erosion and accretion trends; 8. A statement of performance objectives and an analysis of the expected effect of proposed coastal construction on the coastal system and marine turtles within the inlet area of influence: 9. An analysis of available alternatives to the proposed coastal construction. including the no action alternative, on meeting the stated performance objective and any related effects on the coastal system or marine turtles; and 10. A demonstration of the anticipated public benefits of the coastal construction. The inlet management plan should also consider the intent in the new legislation that modifies how sediments are managed at navigation inlets, which may be directive in nature as it pertains to Wiggins Pass. Specific guidance from FDEP will be provided during the report preparation process. The new legislation changes Section 161.142 and 161.143 F.S. The completed inlet modeling report, Joint Coastal Permit (JCP) application and field data collection for Wiggins Pass improvements will provide the basis for addressing the 10 requirements listed above, and will be incorporated in the final plan. The plan wi II also address comments received from FDEP during their site visit on March 10, 2010 and their initial request for additional information (RAI). A committee appointed by the County will review progress of the plan preparation and their decisions will be incorporated into the plan. The initial draft plan will be submitted to the County and FDEP for their comments. The FDEP's adopted plan may differ from the County's based on the State's procedures. The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Work Group are: I. To provide a safe channel for boating; 2. To address erosion at Barefoot Beach; 3. To lengthen the dredge cycle and accomplish it with the least effect on the environment; and 4. To provide a solution that is economically effective. TASK I-A, COASTAL ENGINEERING ANAL YSlS 1, Data Collection & Review. This task was largely completed with the initial permit and modeling work, but a comprehensive search will be conducted to locate recent literature and data to supplement the previously developed history of recent natural and manmade modifications to the inlet and adjacent areas. Recent topographic and bathymetric data of the navigation channel and ebb and flood shoals will also be compiled. Potential data sources include FDEP and County beach and inlet profile surveys, high density LiDAR data, or other local entities including previous data collection and compilation by other local consultants. Available aerial photography may be utilized to provide supplemental shoreline position information. CAC April 8, 2010 VIII-3-b New Business 5 of 13 2. Shoreline Position Mapping & Change Analvsis. The analysis of shoreline positions will provide the basis for assessing short-term and long-term shoreline change. CPE will consider episodic sediment transport trends resulting from hurricanes, inlet modifications and beach nourishment. We will analyze and document inlet activities that have occurred since dredging began in 1984 and evaluate if those activities may have had impacts to the inlet shoreline or adjacent areas. CPE will use a geographic information system (GIS) approach to compile and analyze the temporal shoreline position change analyses. The GIS analysis will enable temporal and spatial comparison of FDEP historical shorelines and historical aerial photography. For time periods where survey data are not available, shoreline changes will be estimated from the interpretation of aerial photographs. An effort will be made to collect photos in digital format. If only hard copies are available, they will be scanned and geo-rectified using GIS so that shorelines can be mapped. Special considerations will be given to short-term changes so natural and man-made responses are not minimized by averaging data. Inlet ebb and flood shoal configurations, channel orientation and dimensions will be illustrated with available aerial photography sets. The inlet change data will be compared to beach shoreline changes to identify correlations and shoal configurations. 3. Volumetric Changes and Sediment Budget Update. A post-dredge sediment budget analysis will be used to describe the sediment transport pathways in the vicinity of Wiggins Pass and adjacent beaches. It will be compared to the sediment budget from the 1995 study, The sediment budget will be expanded beyond the I-mi monitoring area north and south of the inlet. Available wind, wave, and tidal data will be reviewed. The wave climate will be assessed in the vicinity of the project to determine the representative range of incident wave angles, wave heights, and wave periods. The intent is simply to help confirm the influences of storms and of changes in inlet and nearshore morphology on the sediment transport patterns. The inlet area of influence will be defined and inlet impacts and solutions will be determined based on these zones. An odd-even analysis will be based on this defined region. 4. Development of Inlet Management Alternatives. CPE will identify and describe various non-structural alternatives to improve sediment management within Wiggins Pass. No structural alternative will be considered. The alternatives will address methods to control inlet channel migration, channel modifications, dredge management options for the navigation channel entrance, and sand distribution and bypassing to re-establish near- historic levels of sediment transport. Quantity and costs will be developed for the CAC April 8, 2010 VIIl-3-b New Business 6 of 13 selected alternative that is shown to be viable. The performance of viable management options will be evaluated in Task B. Alternatives will consist of various channel dimensions, orientations, and on-and- offshore disposal plans compared to the existing conditions. TASK I-B. WAVE & CURRENT MEASUREMENTS, MODELING AND ST ABIL TY CURVE CPE has previously deployed two acoustic Doppler current profilers (ADCPs) in the study area for a period of one month. The tide height, current and wave information collected from this deployment was used to calibrate the Delft-3D model determining effects such as wave damping and wave transformation as waves approach the nearshore. The results of field data collection and modeling will be described and illustrated in the plan per items I and 4 above. The measured wave, current and water level data will also be delivered in raw and processed (time series) formats on a CD-ROM. Survey data was collected during the wave measurement programs, and will be used to develop an updated stability curve for the inlet which will be compared to the historic curve developed in the 1995 plan. The results of the modeling will be summarized and illustrated in the modeling section. TASK l-C. IMP COORDINATION AND MEETING I. Project Administration. CPE will attend meetings with FDEP, the Coastal Advisory Committee (CAC) and its Sub-committee on Wiggins Pass, and assist with formulating a plan acceptable to a broad range of local and state interests. Coordination with FDEP Bureau of Beaches and Coastal Systems (BBCS) will be maintained throughout the process in order to solicit their comments if they do not attend the meetings. It is assumed that CPE will attend up to three (3) Committee and Sub-committee meetings of the CAC, to be held in Naples. CPE will prepare meeting exhibits and other project documentation. CPE will attend the meetings and assist the County with communications with key stakeholders and development of the County's plan. TASK I-D. ENVIRONMENTAL EFFECTS OF PROPOSED CONSTRUCTION I. Environmental Section. Previously obtained information will be incorporated into an environmental section describing the effects of the proposed construction on the coastal system and sea turtles. 2. Natural Resources Map, A map of natural resources in the project area compared to the project layout will be updated for inclusion in the report. TASK I-E. PREPARATION OF UPDATED INLET MANAGEMENT PLAN I. Preparation of Draft Report. CPE will prepare a draft IMP based on the coastal engineering analysis, updated sediment budget and numerical modeling results of GAG April 8, 2010 VIII.3~b New Business 7 of 13 management alternatives. The report will summarize the construction quantities and estimated costs as well as the impact on adjacent beaches, channel shoaling and maintenance requirements. CPE will also summarize potential environmental issues that may affect the permitting of inlet modifications, Based on the results of the investigations, CPE will recommend a modified inlet and beach sediment management approach. The draft of the IMP will be submittcd to the County and the FDEP for rcview and comment. 2. Preparation of Final Report. Based on County, State, Federal and public comments, a final updated Inlet Management Plan will be prepared. Five (5) printed copies and digital CD-ROM copies of the final report will be provided to the County and FDEP. Pertinent comments provided during the permit process will be integrated into the plan. II. COUNTY ENVIRONMENTAL IMPACT STATEMENT According to Collier County Land Development Code (LDC) 10.02.02A, an Environmental Impact Statement (EIS) must be prepared in support of a Special Treatment Permit approval. Special Treatment (ST) Overlays (LDC 02.03.07) are areas within the County which, "because of their unique assemblagcs of flora and/or fauna, their aesthetic appeal, historic or archeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations." Such areas include mangrove and freshwater swamps, barrier islands, hardwood hammocks, and coastal beaches, all of which fall within the Wiggins Pass project vicinity. The purpose of the ST is to assure the prescrvation and maintenance of these resources. An EIS provides a method to objectively evaluate the impact of a proposed project upon these resources and environmental quality of the project area. An ElS will be prepared for this project according to the requirements listed in LDC 10.02.02A. The ElS will require the preparation of special maps, ecological analysis and engineering calculations to supplement information already prepared for the JCP permit application. The EIS will incorporate the new and existing information into the County EIS format. CPE will attend up to two (2) meetings to discuss and present the result of the EIS. III. PREPARATION FOR AND ATTENDANCE AT MEETINGS The anticipated meeting budget under the initial Wiggins Pass contract has been exhausted. There is a need to attend a meeting at FDEP, with the Sub-committee of the CAC and meet with agency representatives for NMFS to kick off the next phase of the project. IV. CONTINGECY MODELING Based on guidance from Mr. Robert Brantley (FDEP) during his field visit on March 10, 20 I 0, a fully developed ebb shoal may be required under the new Florida Statute regarding inlets, which would have to be built by direct placement of sand. There is a concern that the inlet will not perform acceptably without a fully developed ebb shoal GAG AprilS, 2010 VIll-3-b New Business 8 of 13 with the initial construction. This alternative can have a significant cost for the County over the selected alternative, since it may contribute to costly and frequent dredging to implement the project. This concern can be evaluated by additional long-term model runs (8-10 years) comparing four (4) alternatives using the same matrix comparison method developed in the January 2009 modeling report. This task is rccommended for contingency approval as a Notice to Proceed item, if it proves necessary, and includes an analysis of the following: I. The 1970' s pre-dredge inlet conditions without channel; 2. 1970's pre-dredge inlet conditions with channel; 3. The selected alternative with dredging at 4-year intervals; and 4. An alternative that rebuilds the ebb shoal in one construction project. RAI #1 from FDEP mandated that all alternatives must avoid or minimize the potential for adverse impact on the coastal system. This concern will be evaluated by additional medium-term model runs (4 years) comparing three (3) requested alternatives using the same matrix comparison methods developed in the January 2009 modeling report, The alternatives include an analysis ofthc following: 1. Avoid dredging limestone, peat, or clay substrata; 2. Avoid deflation ofthe ebb shoal; and 3. Avoid loss of shorebird habitat on Wiggins Pass State Park. 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I !'l w " z , ~ . w o ~ u < " . w" UW :t~ 0 ~~ ~ ~~ ~ <[0 Q ci~ w :tIS S zlo ~ ~I'~ z s~ g <" < '11.1!i.w ~ ~Ifu\lj fu Q..ilf ~ g: ~.~ ~ ~ ltl8> m :I!~ i:': ::;; 8 " . - "" ~ <<>:::' . :i ",i I "' . z, " ~i I " 1!3.' c < 11i !i!!", l;;;l:;:; ~18 ~ ~!i;: ~ O!:;J 0 '~~I~ 1:1;8 9 'W::t f- g'2~ :l!i?,,- ;io:i! z ~ ~ 0," Ii: ;: 2! o i.Jn~ ~: ~ 1< ! , i , "1'0' "'" i :g:~ ~ c;: i ~ ~i I I ""~ " ~ ~ > ~ ~ . 0 ~ ~~ H ~~~ N~~ ~~~ N8~ "'~ci 80 (!3g~ ;;~ 8" ~~~ 88 c;~~ "H 8 "'~~ ",8~ ~ ~'l:; <<>86 :<:~~ .8. ~~f; 80 ;j:o~ E;;J; <<>88 ;;.~C! o '" . s~~ ~m , , -::~ ~~~ ~~~ ~ffi~ 8~S .". t:i~t:i "0" , / Exhibit l-A Revised Schedule B -Effective May 9, 2008 Contract No. 06-3902 Collier County Fee Schedule CAC April 8, 2010 VIlI-3-b New Business 10 of 13 "Fixed Term Professional Engineering Services for Coastal Zone Management Projects" Professional Position Principal/President Principal/VP Engineering/Senior Project Manager Project Mtulager/Senior Engineer/Senior Consultant Project Director Project Engineer/architect Project ConstrUction Managcr Senior Designer Senior Hydrogeologist Junior Hydrogeologist Coastal Modeler. Principle Ecologist Senior Ecologist Ecologist Field Ecologist Engineer ill Engineer llIField Representative /Sr, Landscape Architect/Sr, Scientist Senior Technician Junior Technician Expert Witness HonrlyRat.e $185.00/hr $170.00/hr $150.00/hr $145,OO/hr $140.00/hr $130.00/hr $120.001br $127.00/hr $ 90,OO/hr $1l0.00/hr $160.00/hr $120.00/hr . $100.00/hr $ 95.00/hr $115,OOIhr $125.001hr $ 85.00/hr $ 65.00/hr $250.001hr ';:,; ;." -'::,!,.* :::~;Z\ n! ,~1 ':Jj , (1 .." ~' . Survey & Mapping Surveyor and Mapper Senior Surveyor and Mapper Junior Two Man Field Party Three Man Field Party Four Man Field Party GPS Mapping Grade: One Man Party . GPS Mapping Grade: Two Man Party GPS Mapping Grade: Three Man Party GPS Survey Grade: Onc or Two Man Party GPS Survey Grade: Three Man Party GIS $145,OO/hr, $IIO.OOIhr $125,OOIhr $150.00/hr $170,OO/hr $ 95,OOlhr $125,OO/):u: $165.001hr $160.00/hr $165.001hr Principle GIS Consultant Senior GIS Consultant/ Analyst GIS Technician $170001hr $160.001hr $ 65.00Ihr. Administrative Administrative Assistant/Secretary Clerical, other support $ 55.001hr. $ 40,OOIhr. CAG April 8, 2010 VIl1-3-b New Business 11 of 13 :'~ This list is not 'intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated 1>Y the County and firm on a project by project basis as needed. . ~---..... , -' , CAC AprilS, 2010 VIII-3-b New Business 12 of 13 Wiggins Pass Policy and Planning Guidelines Discussion Points FDEP State Strategic Management Plan for Wiggins Pass Strategy: Place beach quality maintenance dredged material on adjacent beaches north and south of Wiggins Pass within areas of greatest need; monitoring and analysis of inlet effects. General Policy 1. Make any major adjacent for mitigation or contingency during major dredging events, 2. Bypass sand so that the average annual volumetric erosion rate is the sand north and south of the inlet since a base year of 2001. Initial Inlet Management Plan recommendation -Feb 2010 1. Straight alignment through the flood and ebb shoals. 2. Cut subsurface rock ledge - no impact on positional stability 3, Maintain navigation for 3 foot draft vessel & extend dredging interval (no structures) 4. Mitigate for inlet impacts by bypassing 2.6S times to North 5. Establish monitoring program and adjust disposal practices accordingly 6. Repair beach scarps and the south point of Barefoot Beach Park. 7. Use sand dredged from the flood shoal to create new shoal flats 8. Allow moderate design channel migration to reduce dredging. 9. Use ilntermediate (small) dredging to reestablish navigation thru the bar 10. Summer maintenance dredging to reduce cost and complexity. 1995 Plan: The plan presented in this section is the best combination of alternatives able to achieve a cost effective inlet management plan. The recommended plan mitigates for the impact of Wiggins Pass on adjacent shorelines and improves the navigability of the inlet. The major components of the plan include: 1. Widen and deepen the existing navigation channel to a dredged depth and width of 250 feet and - 12 feet MLW, respectively. Straighten and shift the channel's boundaries. The existing subsurface rock ledge, if encountered, shall be left in place. ~- CAC April 8, 2010 VIII-3-b New Business 13 of 13 2. Maintain a minimum operating depth in the channel of -8 feet MLW (-9 feet NGVD) with a maintenance dredging program scheduled at two-year intervals. 3. Establish beach disposal sites outside the zone of inlet influence. Mitigate for inlet impacts by bypassing to the south a minimum of 6,500 c.y.lyr. 4. Establish navigable depths for three-foot draft boats in the interior channels of Wiggins Pass. Implement improvements as needed. 5. Establish a program of beach, inlet shoal, interior channel and environmental monitoring. 6. Adopt a three-foot draft boat as the planning and design standard for the Wiggins Pass basin. CAC April 8, 2010 VIll-4-a New Business 10f7 EXECUTIVE SUMMARY Recommendation to approval Work Order under Contract 09-5262 with Coastal Planning & Engineering for North County Passes Survey and Engineering Report for time and material not to exceed $79,935. This is the unfinished work under the BVO contract for Physical Monitoring and a contracting method change to satisfy the Clerk's concerns for the County's contracting method. OBJECTIVE: To satisfy the Clerk's concerns about the legality of the contracting method for the balance of the work for Physical Monitoring by canceling the incompleted BVO contract amount and re-contracting based on the previous staff award process. CONSIDERATIONS: Scope of unfinished work to include the following: The surveys of Clam Pass, Wiggins Pass, and Doctor's Pass are designed to satisfy the physical monitoring requirements for the JCP permit of each respectively, in conjunction with other surveys. All surveys will be done under the direct supervision of a Florida Registered Professional Surveyor and Mapper. All work will be conducted following standard topographic and hydrographic survey methods. A combined engineering monitoring report will be prepared for all three inlets. ADVISORY COMMITTEE RECOMMENDATIONS: FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve Work Order under Contract 09-5262 with Coastal Planning & Engineering for North County Passes Survey and Engineering Report for time and material not to exceed $79,935. PREPARED BY: Gail Hambright, CZM CAe April 8, 2010 VIIl-4~a New Business 2of7 COASTAL PLANNING & ENGINEERING, INC. " 2481 NW BOCA RATON BOULEVARD, BOGA RATON, FL 33431 561-391-8102 PHONE 561-391-9116 FAGSIMILE Website: www.coastalplanninq.net E-mail.maH@coastalolanninq.nel March 31, 2010 Gary McAlpin Director Collier County Coastal Zone Management 3300 Santa Barbara Blvd. Naples, FL 34116 Re: North County Passes Survey and Engineering Report; Contract Number 09-5262 FDEP Permit No. 142538006 Wiggins Pass FDEP Permit No. 235710-001 JC Doctors Pass FDEP Permit No. 1284163-00l-JC Clam Pass Dear Gary: This letter is in response to your request for a proposal for Surveying and Coastal Engineering Services for the North County Passes: Wiggins Pass, Clam Pass and Doctors Pass. The survey will be used to meet annual monitoring requirements and may be used to design the next maintenance dredging for one or more of the passes, The following services are proposed in accordance with the project permit and recent dredging activity: The surveys of Clam Pass, Wiggins Pass, and Doctor's Pass are designed to satisfy the physical monitoring requirements for the JCP Permit of each respectively, in conjunction with other surveys. All surveys will be done under the direct supervision of a Florida Registered Professional Surveyor and Mapper. All work will be conducted following standard topographic and hydrographic survey methods as describe below in the section label "General Survey Methods". A combined engineering monitoring report will be prepared for all three inlets. The not to excess time & material price for the work is $79,935. The following scope of work is proposed: 1. Doctors Pass Surveys: 76 Cross Sections 2. Doctors Pass Survey Report 3. Clam Pass Surveys: Up to 49 Cross Sections 4. Clam Pass Survey Report 5. Wiggins Pass: 18 Cross Sections and J 0 Profile Lines 6. Wiggins Pass Survey Report 7. Combined Engineering Report 8. Completion of Marco Island Survey and Report CAC April 8, 2010 VIII-4-a New Business 3 of? General Survey Methods: Prior to the start of the survey, a reconnaissance of the monuments will be conducted to confirm that the survey control is in place and undisturbed. Real Time Kinematics (RTK) Global Positioning System (GPS) will be used to locate and confirm the survey control for this project. If necessary, GPS static methods will be used to establish high order control if none is locally available. All data will be collected relative to the North American Datum on 1983 (NAD 83) and the North American Vertical Datum of 1988 (NA VD 88). All coordinates will be referenced to the Florida State Plane System. Typical cross-sections in the project areas will be surveyed using extended rod RTK GPS rovers, or vessel based sounders. The extended rod RTK GPS rovers all surveyors from CPE to expand the extent of RTK GPS survey capability into the near shore. The current system allows surveyors to collect the entire beach profile with RTK GPS technology. The nearshore survey will be conducted using an Odom Hydrotrac sounder with digitizer fathometer on CPE's 24-foot Privateer survey vessel with a centrally located hull-mounted transducer. A Trimble RTK GPS and a TSS Motion Compensator are used on board the survey vessel to provide instantaneous tide corrections as well as heave, pitch, and roll corrections. All areas inaccessible to the survey vessel will be surveyed with RTK rovers and swimmers. As a quality control measure, manual tide readings are also taken while conducting the profile surveys. In order to maintain the vessel navigation along the profile lines, the HYP ACK navigation software will be used. This software provided horizontal position to the sounding data allowing real-time review of the profile data in plan view or cross section format. HYPACK also provides navigation to the helm to control the deviation from the online azimuth. Horizontal and vertical positioning checks are conducted at the beginning and end of each day using 20d order monuments located in the project area. The sounder will be calibrated via bar- checks and a sound velocity probe at the beginning and end of the day. The DlGIBAR PRO sound velocity meter offers a fast additional calibration for sound velocity as compared to the traditional bar-check. Bar checks were performed from a depth of five feet to a minimum depth of twenty-five feet. Analog data showing the results of the bar check calibration will be displayed on the sounder charts at five foot increments during descent and ascent of the bar. While offshore, ] 0 surface grab sand samples will be collect in the Wiggins Pass inlet shoals and beaches using a standard Ponar Grab Sampler. The sand samples will be sieved according to FDEP BBCS standards. In addition, 10 beach profiles lines will be surveyed at Wiggins Pass to support future design and permitting of the next maintenance dredging project. All survey methods and deliverables will adhere to accuracy guidelines and requirements set forth in Chapter 61 G 17-6, Florida Administrative Code (F.A.C.) Minimum Technical Standards established by the Florida Board of Professional Surveyors and Mappers pursuant to Chapter 472 of the Florida Statutes. Deliverables will include a signed and sealed survey report that fulfills requirements of the FDEP Monitoring Standards for Beach Erosion Control Projects, March 2004. The report will include surveyed cross sections compared to the latest pre- and post- construction surveys and the permitted template. CAC April 8, 2010 VIII-4.a New Business 40f7 Coastal Engineering Monitoring Report: ePE will prepare an engineering report to summarize and discuss the survey data. The report will identify scour and deposition patterns within the Passes, and the amount of sand within the dredge template. In addition, the report shall identify any impacts attributable to the project. The monitoring report will incorporate the survey report as exhibits. Appendices will include plots of survey profiles and graphical representations of the scour and deposition patterns within the passes, and will be based on those prepared for the survey report. The engineering report and the survey data shall be submittcd to FDEP within 90 days following the completion of the monitoring survey, Marco Island Beaches Survev and Report Completion: The Marco and Hideaway Beaches survey and report tasks were started under a BVa contract, but will be completed under this contract. The field survey and report is completed, and will be reviewed and disturbed under this task. The engineering report was started, and will be completed with figures and exhibits drawn from the survey report. If you have any questions regarding this scope of work, please call me. Sincerely, ENGlNEERING,INC. Ste en eehn, P.E. Senior Coastal Engineer cc: Sheri Dindial, ePE F\Marketing\Collier\20 I O\Surveys\ CAC April 8, 2010 VllI-4.a New Business 5of7 2.. L.abor Project Manager 2. 14800 L.abor Senior Engineer 10 155.00 Doctor's Pass Survey actor's Pass Field Work 60,0 abor rwo Man Field Party 360 13000 .abol Project Manager 80 148.00 L,lbor Designer/GIS Specmllst 16.0 10000 Expense Survey 80at (24 ft. Privateer) 30 (90.00 Expellse RTK GPS (REJ'l.L TIME) 3,0 495,00 Expense F-athometer wlOigltizer ';0 16500 -xpense Heave Pitch, Roll Compensator 3.0 21500 xpense Velocity Meter 3.0 60.00 Expense Hypack Navigation System 3.0 26000 Expense Meals 6.0 36.00 Expense Lodging 30 10000 Expense Mileage 2500 0.45 eduction and Reporting 60.0 Labor Pr(l)ec1 Manager 80 14800 Labor Designer/GIS Specialist 20.0 10000 Labor CAOD Operatol 32.0 8500 Clam Pass Survey Clam Pass Field Work 96.0 IILal)OI Two Man Field Party 360 13000 Labor Inspector 360 6500 Labor Project Manager 8.0 148.00 Labor GIS Operator 16.0 100.00 Expense GATOR 4 x 4 UTILITY VEHICLE xpense fHK GPS (REAL TIME) 30 49500 Expense Survey Boat (24 n Pnvat.eer, 10 790.00 Expense FaltwrnelerwlOigitizer 10 Hi50Q Expense Heave, Pitch, Foil Compensator 10 215.00 IE,peo,e VelOCity Metel lU 6000 Expense HypiKl<. NaVigation Sls!em to 26000 Expense Meals 90 36.00 Expense Lodgmg 60 '0000 Reduction and Reporting 640 I. lllabor Pro)Bc! Manager 40 14800 kabor GIS Operat.or 200 100.00 ILal"" Inspector 24.0 65,00 Lallor CADD Operator 16.0 85,00 iggins Pass iggins Pass Field Work-Shoal Only I Labof I Labor jLabol I Lar)or Expense Expense Expense ~xpcnse xpense Expense Expense Expense Expense Expense I Reduction and Reporting I Labor Labor Labor Labor oastal Engineering Report Labol L8bol Two Man Field F'W1y Inspector F'rojecl Manager IJesiglleriCIS Specialist IHK C;PS {REAl_ TIME) ~;lJrvev Bo"II:24 tt Pllval.'eri I' atholl1eter wiDiglllzer Heave. Pitch, Fall Compensator 'Jelocity Meter Hypack Nalliga1loll System Meals Lodging Mileaqe Sieve sand Samples 3000 10.0 40.0 PrOject Manager Designer/GIS SpeClallsl CADO Operatol Inspectol Senior Engineer Coastai E.nglneerJr CJ\DD Tectl 1200 omplete Marco Island Beaches Survey and Report Cle1'Cdi SeniOfEnqineel (~oastal Engln8cr JI 60,0 580 13000 240 6500 40 14800 no 10000 :\() 4()'SOO )0 7()O.00 20 2.0 16:;'00 2'1500 20 GOOO 2(;000 3600 100.00 045 80.00 ;~ 0 6.0 20 40 14.0 '18.0 '12,0 40.0 14800 100.00 85.00 65,00 360 15500 8000 85.00 13000 120 80 260 50 15500 30.00 200 CAC April 8, 2010 VIIl-4-a New Business 6 of? 16,80 7.5400 1.5600 5920 1,3000 1.485.0 1.58\10 "3300 4300 120.0 520.0 216.0 2000 133.5 800.0 430 592.0 1400.0 1,5:l00( '730.0 16,68 5,5800 9,6000 1,0200 4800 2,53 9300 1,6000 CAC April 8. 2010 VIII-4-a New Business 7of7 Schedule B Contract No: 09-5262 "County Wide Engineering Services" Standard Hourly Rate Schedule for all disciplines Personnel Cate~orv Principal Standard Hourlv Rate $195 Senior Project Manager $165 $148 $155 $119 $85 $65 $140 $110 $115 $100 $115 $145 $100 $60 $130 $85 $130 $160 $180 Project Manager Senior Engineer Engineer Senior Inspector Inspector Senior Planner Planner Senior Designer Designer Environmental Specialist Senior GIS Specialist GIS Specialist Clerical Surveyor and Mapper CADD Technician Survey Crew - 2 man Survey Crew - 3 man Survey Crew - 4 man This list is not intended to be all-inclusive, Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. GAG April 8, 2010 VIII-5 New Business 1of3 The Collier County Dune Restoration Program Collier County has received Tourist Development Tax dollars (TDe) to help protect and restore the beach dune system by planting native plants. Native plants such as Sea Oats (Uniola paniculata), Beach Elder (/va imbricate), and Beach Morning Glory (ipomoea Pes-caprae) are vital to helping protect and restore dune habitat. The foliage for these species reduces wind velocity, filters sand from the wind, and the deep roots of these plants help anchor the dunes to their foundation. For example, as fiitered sand piies up around dune plant species, new roots develop on the buried stems and new shoots emerge from the sand's surface. This results in a dense mat of vegetation which anchors the dune below its surface and traps more sand, Collier County Coastal Zone Management Department is responsible for dune restoration throughout the County's coastline. This includes Barefoot Beach, Vanderbilt Beach, Clam Pass, the City of Naples and the City of Marco beaches. Each year $75,000 is allocated through the TDC dollars for planting native plants along these beaches. Plant Reauirements Only native vegetation will be planted. Currently, Collier County has a contract with Earth Balance Corportation for the following native plants; Sea Oats (Uniola paniculata), Beach Elder (iva imbricate), Beach Morning Glory (ipomoea Pes-caprae), and Panicgrass (Panicum omarum). These plants are not only indigenous to Collier County dunes, but are moderate to fast growing, establish quickly if properly handled and installed, and are relatively short so as not to block beach views. Each year, Collier County wiil plant 80% sea oats and the other 20% will consist of a mix of the above- mentioned plants. Each plant will be planted on one foot centers with a hydrogel. This gel will allow for plants to stay hydrated for up to one year and help protect them through the summer months. Where Each year, Coastal Zone Management (CZM) staff will survey the County's beaches from Barefoot Beach south to Marco Island to determine where dune restoration needs to occur. This determination can vary greatly depending on the past year's storm events, human uses i.e. new pathways, and beach renourishment projects. When For the best survival rate, native plants should be planted in late winter through early summer. Planting during this time is required because the plants will generally be well-rooted and established prior to the hottest season. CAC April 8, 2010 VIII.5 New Business 2 of 3 RODes and Posts To help protect the dunes that have been previously planted, CZM staff has added ropes and posts along with signage along some of the more heavily trafficked beaches. These ropes and posts heip protect the County's dunes by eliminating foot traffic through planted areas, making set pathways to the beach, and by education through signage, Maintenance Generally, little maintenance is required after planting has occurred. Foot traffic should be minimized on newly planted areas, and debris should be removed on a regular basis. Ropes and posts should checked and maintained by CZM staff on a six-month basis, CAC April 8, 2010 VIll-5 New Business 3 of 3 Dune Restoration Grants Program Each year, after Collier County Staff determines the planting needs for Collier County Beaches based on yearly storm erosion, hurricanes etc., it will be decided if additional funding is avaiiable for grants. Up to $15,000 will be allocated for private dune restoration. Applications for Dune Restoration Grants will be reviewed by Collier County staff, and approved by the Coastal Advisory Committee ICAe) based on the criteria below: Location: All grant applications must be for a property that borders a Collier County beach. These beaches include Lely-Barefoot Beach, Vanderbilt Beach, Clam Pass Beach, the City of Naples and the City of Marco beach from. In addition, a property will be considered for this grant only if it is a property that permits/allows the County to renourish its beaches. Permits: To be considered eligible for a grant, no removal of non-native vegetation may have occurred on the property without a proper vegetation removal permit, This must be obtained from Collier County Environmental Services, City of Naples or the City of Marco. Cash or In-kind Match: Cash match is not required, but a grant request that includes cash match might be looked upon more favorably than other grant requests. Work in Coniunction with CC Staff: All work must be done in compliance with CZM Staff. Collier County currently has a 5-year contract with Earth Balance Corportation for the following native plants; Sea Oats (Uniofa panicufata), Beach Elder (lva imbricate), Beach Morning Glory (lpamoea Pes-caprae), and Panicgrass (Panicum amarum). Due to the contract with Earth Balance, only these plants are currently being considered for grant applications. Photos: Please provide photos of the specific project area for which your grant application is being made. Also, please provide the square footage of the area that you are requesting be planted. CAC April 8, 2010 Vlllv5-a New Business 1 of 3 EXECUTIVE SUMMARY Recommendation to approval the installation and planting of native vegetation in the Common Areas within Collier County by Earth Balance for time and material not to exceed $8,060. OBJECTIVE: To plant vegetation for the protection of the beaches in the common areas within Collier County CONSIDERATIONS: For the Fiscal year 2009/2010 Sea Oat planting were approved for $75,000 throughout Collier County beaches. This year this project will include Sea Oat planting along Collier County beaches totaling $61,299.70 and Phase 2 Monitoring for $5,640 for a total of $74,999.70. As part of the $75,000 we are requesting that $8,060 of this funding be used this year for native plantings in the common areas within Collier County which includes the dunes in front of Le Pare, Le Rivage and Commons W. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195 Project 90044.1. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: Approve the installation and planting of native vegetation in the Common Areas with Collier County by Earth Balance for time and material not to exceed $8,060. PREPARED BY: Gail Hambright, CZM ;~ [arthBalance@ Revised Price Quote GAG Apnl 8, 2010 VIlI-5-a New Business 2 of 3 (:(!lpi>t,lIC(hfJU ~,,~/'J '\:. TuklllO Hlmlc Koukurll "N"nll PI,n, 1.1 ,)4~W) ')41...J-2(1.7H7N ')ill C(,_BilB 1',1\ \J,,'\V\\" .earth ba 1 a neL' ,com PROJECT NAME: Collier County Dune Restoration - Planting and Monitoring ATTENTION: Mr. Allen Madsen Collier County - Coastal Zone Management 3301 E. Tamiami Trail, Suite 103 Naples, Florida 34112 SCOPE OF SERVICES: Phase 1 - Planting EarthBalance" will supply, deliver, and install the plant material listed below for various beach restoration projects located in Collier County, FL. Within The Commons Area, EarthBalance" will install 13,000 liner plants and 260 1-gallon Sea grape (Coccoloba uvifera). The liner plants will consist of 80% Sea oats (Uniola paniculata), 10% Dune sunflower (Helianthus debit/s), and 10% Beach elder (/va imbricata). Additionally, EarthBalance" will supply, deliver, and install 111,454 Sea oats (Uniola paniculata)' within various beaches throughout Collier County with direction from a representative of Collier County. Common Name Scientific Name Size Qty Unit Extended Price Total Price The Commons Area Sea oats Uniola oan/culata Liner 10,400 $0.55 $5,720.00 Dune sunflower Helianthus debitis Liner 1,300 $0.55 $715.00 Beach elder Iva /mbr/cata Liner 1,300 $0.55 $715.00 Sea qrape Coccoloba uvifera 1-qallon 260 $3.50 $910.00 Total for The Commons Area $8,060.00 Various Collier Countv Beaches' Sea oats' I Un/ola pan/culata' Liner 1111,454 I $0.55 I $61,299.70 Total for Various Collier County Beaches I $61,299.70 TOTAL COST I $69,359.70 . ' ' ."' According to the original contract, EarthBalance can also supply, dehver, and Install Bitter panicgrass, Beach morning glory, andlor Beach elder (depending on the variety that Collier County chooses). Phase 2 - Monitoring EarthBalance" biologists will monitor the survival of new beaGh plantings located at five (5) Collier County beaGhes. Barefoot, Vanderbilt, Clam Pass, City of Naples, and Marco Island beaGhes will be included in the monitoring events. Biologists will permanently mark four (4) 50- square foot plots at each beaGh, totaling 20 plots. The corners of each plot will be reGorded with a GPS. EaGh plot will contain 50 newly planted Sea oats, along with any plants present prior to planting. The survival of individual plants, as well as a measurement of the average height of the plants, will be recorded at each monitoring event. Fixed-point photographs of each plot will be taken at each monitoring event. A total of three monitoring events will be conducted, and they will be scheduled for September 2010, March 2011, and September 2011. After eaGh monitoring event, a letter report will be submitted to Collier County summarizing the plant data collected during the event. EarthBalance" will perform all the services described in Phase 2 for a specified fee of $1,880.00 per event, totaling $5,640.00 (3 events). Page 1 of 2 ;J' [arthBalance@ Revised Price Quote (continued) GAG April 8, 2010 VIII~5-a New Business 3of3 (:orporarl' (It'ticc :'>"/') ,\, I'nk-d,. Hhdc 1-'.(>uln.lf,1 "(Orjh Pflrl. 11'),1:;8') 1)11,L!(,."k'i'N 1)41,L'L8:":'k 1,':1\_ w\\'w.carthb,dancc.GHn PROJECT NAME: Collier County Dune Restoration - Planting and Monitoring " EarthBalance will perform all the services desGribed above for the followinQ costs: Description # of Units/Events Price oer Unit/Event Total Cost Phase 1 - PlantinQ See Above See Above $69,359.70 Phase 2 - MonitorinQ 3 $1,880.00 $5,640.00 TOTAL COST $74,999.70 QUOTED BY: Charles L. Kocur, Jr. Vice President EarthBalance" 2579 North Toledo Blade Blvd. North Port, FL 34289 (941) 628-8062 Page 2 of 2 GAC APril 8, 2010 IX-1-a Old Business 10f7 Thank you Tony Pires Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax a pi res@>wpl-Ie~al.com FIRM WEBSITE: WWW.wPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Friday, March 19, 2010 8:35 AM To: 'Feldhaus, Stephen' Cc: Gary McAlpin (GaryMcAlpln@colliergov.net); ochsJ Subject: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Mr. Feldhaus, As Chairman of the newly created CAC Clam Bay Subcommittee and as a follow up to discussions at both the CAC and the newly created CAC Clam Bay Subcommittee, the CAC Clam Bay Subcommittee extends an offer to the Board of Directors of the Pelican Bay Foundation to meet to discuss and inform the Pelican Bay community of various proposed and ongoing projects and programs relating to or affecting the Clam Bay Estuary in order to try to ensure that accurate information is fully disseminated among the parties interested in Clam Bay. I believe that will assist the parties to resolve important issues involving Clam Bay. As with all meetings involving the CAC Clam Bay Subcommittee, the meeting would be a publicly accessible and noticed meeting. I look forward to your favorable response. Sincerely Anthony P. Pires, Jr. Woodward, Pires & Lombardo. P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax 3 GAG APril 8, 2010 IX-1-a Old Business 20f7 aoires@Jwol-legal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination. distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 4 CAC APril 8, 2010 IX-1-a Old Business 3 of 7 McAlpinGary From: Sent: To: Subject: Anthony Pires [APires@wpl-legal.com] Friday, March 26, 2010 5:06 PM McAlpinGary FW: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Gary, please include in next CAC agenda packet? Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail 5uite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wol-Iegal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error. please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: Stephen M. Feldhaus [mailto:e114916276@exchange.land1.com] Sent: Friday, March 26, 2010 4:51 PM To: Anthony Pires; Feldhaus Law Group, P .C. ee: Gary McAlpin; Leo Ochs; Robert Naegele; Bill Carpenter; Bob Uek; Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadt; Cora Obley; Henry Price Subject: Re: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Tony, My apologies for the delay in responding. I have been on the road (and in fact am sending this from the airport in NY). The Foundation's Ad Hoc Committee on Clam Bay is meeting with Gary, Leo, and several others in mid April to try to work through the various outstanding Clam Bay issues. We feel strongly that this private working session will be much more conducive to problem resolution than a public meeting, Accordingly, we decline your invitation, but with a note of appreciation for your attempt to bridge the misunderstanding gap that may well exist, on both sides. One of the goals we have for our upcoming meeting is to gain a full understanding of precisely what is behind the various actions the county is pursuing in Clam Bay. The Foundation is genuinely interested in working with the county to ensure that Clam Bay remains the ecological treasure that it is. Best, GAG APril 8. 2010 IX-1-a Old Business 4of7 Steve Feldhaus, Secretary, Pelican Bay Foundation From: Anthony Pires <APires@wpl-legal.com> Date: Fri, 26 Mar20lO 16:21:51 -0400 To: Feldhaus, Stephen<sf@feldhauslaw.com> Cc: McAlpinGary<GaryMcAlpin@colliergov.net>; ochs J<LeoOchs@colliergov.net> Subject: FW: CAC Clam Bay Subcommittee/Pelican Bay Foundation! Meeting Dear Mr. Feldhaus, Could you kindly provide me with a reply? Looking forward to your favorable reply. Thank you Tony Pires Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires(iiJwpHegal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidentiai attorney-client communication or may otherwise be privileged or confidential. "you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. From: Anthony Pires Sent: Friday, March 19, 2010 6:35 AM To: 'Feldhaus, Stephen' Cc: Gary McAlpin (GaryMcAlpln@colliergov,net); ochsJ Subject: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Mr. Feldhaus, As Chairman of the newly created CAC Clam Bay Subcommittee and as a follow up to discussions at both the CAC and the newly created CAC Clam Bay Subcommittee, the CAC Clam Bay Subcommittee extends an offer to the Board of Directors of the Pelican Bay Foundation to meet to discuss and inform the Pelican Bay community of various proposed and ongoing projects and programs relating to or affecting the Clam Bay Estuary in order to try to ensure that accurate information is fully disseminated among the parties interested in Clam Bay. I believe that will assist the parties to resolve important issues involving Clam Bay. 2 GAG APril 8, 2010 lX-1-a Old Business 5 of? As with all meetings involving the CAC Clam Bay Subcommittee, the meeting would be a pulllicly accessible and noticed meeting. I look forward to your favorable response. Sincerely Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@wol-Iegal.com FIRM WEBSITE: WWW.WPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. if you are not the intended recipient. you are hereby notified that you have received this transmittal in error; any review. dissemination, distribution or copying of this transmittal IS strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 3 GAC APril 8, 2010 IX-1-a Old Business 6017 ;. ;i: i McAlpinGary From: Sent: To: Subject: Anthony Pires [APires@wpl-legal.com] Saturday, March 27, 2010 8:34 AM McAlpinGary FW: CAC Clam Bay subcommittee/Pelican Bay Foundation/ Meeting Gary, could you please place in next CAC agenda packet under Clam Bay subcommittee? Thanks Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail 5uite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax aoires@Jwpl-legal.com FIRM WEBSITE: WWW.wPL-LEGAL.COM This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. ____"_~.v___'~___.,_____ From: Anthony Pires Sent: Saturday, March 27, 2010 8:30 AM To: 'e114916276@exchange.1and1.com'i Feldhaus Law Group, p,c. Cc: Gary McAlpini Leo Ochs; Robert Naegele; Bill Carpenter; Bob Ueki Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadti Cora Obley; Henry Price Subject: RE: CAC Clam Bay Subcommittee/Pelican Bay Foundatlon/ Meeting Dear Steve, I respect the decision of the Foundation's Ad Hoc Committee, However, I must express my disappointment as I believe it is important to have a public meeting with the CAC Clam Bay Subcommittee. It is important to ensure that all interested parties can attend, in order to try to ensure that accurate information is fully and publiGly disseminated and discussed and to provide an opportunity for all to hear and understand plans, objections and concerns relating to the Clam Bay Estuary. It is important for all members of the public, as well as the respective Committees and Subcommittees, to have a full understanding of precisely what is behind the various actions Collier County is pursuing in Clam Bay. In my opinion a public meeting, with respectfully presented full and frank presentations and discussions, will assist in providing the public with greater confidence as to the basis(es) and rationale(s) for the ultimate decisions that are made by Collier County. GAG APril 8. 2010 lX-1-a Old Business 7 of? . . . Sincerely, Tony Pires Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 phone 239-649-7342 Fax a oires@lwol-Iegal.com .-- From: Stephen M. Feldhaus [mailto:e114916276@exchange.1and1.comj Sent: Friday, March 26, 2010 4:51 PM To: Anthony Pires; Feldhaus Law Group, P.C. Cc: Gary McAlpin; Leo Ochs; Robert Naegele; Bill Carpenter; Bob Uek; Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadt; Cora Obley; Henry Price subject: Re: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Tony, My apologies for the delay in responding. I have been on the road (and in fact am sending this from the airport in NY). The Foundation's Ad Hoc Committee on Clam Bay is meeting with Gary, Leo, and several others in mid April to try to work through the various outstanding Clam Bay issues. We feel strongly that this private working session will be much more conducive to problem resolution than a public meeting. Accordingly, we decline your invitation, but with a note of appreciation for your attempt to bridge the misunderstanding gap that may well exist, on both sides. One of the goals we have for our upcoming meeting is to gain a full understanding of precisely what is behind the various actions the county is pursuing in Clam Bay. The Foundation is genuinely interested in working with the county to ensure that Clam Bay remains the ecological treasure that it is. Best, Steve Feldhaus, Secretary, Pelican Bay Foundation -_.-,---- ,.--------- From: Anthony Pires <APires@wpl-lega1.com> Date: Fri, 26 Mar 201016:21:51 -0400 To: Feldhaus, Stephen<sf@feldhauslaw.com> Cc: McAlpinGary<GaryMcAlpin@colliergov.net>; ochs J<LeoOchs@colliergov.net> Subject: FW: CAC Clam Bay Subcommittee/Pelican Bay Foundation! Meeting Dear Mr. Feldhaus, Could you kindly provide me with a reply? Looking forward to your favorable reply. 2 Md - rl: CAC April 8, 2010 P 1 f4 IX-1-b Old Business age 0 1 of 4 Anthony Pires From: Sent: To: Cc: Feldhaus, Stephen [sf@feldhauslaw.com] Saturday, March 27, 2010 12:40 PM Anthony Pires Gary McAlpin; Leo Ochs; Robert Naegele; Bill Carpenter; Bob Uek; Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadt; Cora Obley; Henry Price Subject: RE: CAC Clam Bay Subcommittee/Pelican Bay Foundationl Meeting Dear Tony, I respect and share your goal of disseminating accurate information about what is behind the various actions Collier County is pursuing in Clam Bay. Over the past several years, however, public discussions and debates about Clam Bay have generated much more heat than light. Our hope is that in a private meeting we will be able to advance mutual understanding through frank, open, and non-adversarial discussions, which is not always possible in public meetings. The Foundation Board and its Ad Hoc Committee on Clam Bay have established very good communication links with the Pelican Bay community, and I am confident that we will be able to get a clear message out to our members on what the bases and rationales are for the County's intended actions in Clam Bay. We also understand that the Foundation and the County disagree on the role of the Foundation in Clam Bay matters. The Clam Bay governing documents provide a clear requirement of Foundation approval for any County action in Clam Bay. This is an issue that cannot be resolved in a public meeting, and while it is unresolved passions are likely to be high on both sides. Until the County and the Foundation can agree on the proper role of the Foundation (and it may ultimately be necessary for a court to decide the validity and scope ofthese governing documents), we believe that it is more productive to conduct our dialogue with the County in a private setting. Best, Steve Feldhaus Secretary, Pelican Bay Foundation From: Anthony Pires [mailto:APlres@wpl-legal.com) Sent: Saturday, March 27, 2010 8:30 AM To: Feldhaus, Stephen; Feldhaus, Stephen Cc: Gary McAlpin; Leo Ochs; Robert Naegele; Bill Carpenter; Bob Uek; Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadt; Cora Obley; Henry Price Subject: RE: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Steve, I respect the decision ofthe Foundation's Ad Hoc Committee. However, I must express my disappointment as I believe it is important to have a public meeting with the CAC Clam Bay Subcommittee. It is important to ensure that all interested parties can attend, in order to try to ensure that accurate information is fully and publicly disseminated and discussed and to provide an opportunity for all to hear and understand plans, objections and concerns relating to the Clam Bay Estuary. It is important for all members of the public, as well as the respective Committees and Subcommittees, to have a full understanding of precisely what is 4/6/2010 A4d -lJ'V\ CAe April 8, 2010 p 2 f IX-1-b Old Business'" age 0 4 2 of 4 behind the various actions Collier County is pursuing in Clam Bay. In my opinion a public meeting, with respectfully presented full and frank presentations and discussions, will assist in providing the public with greater confidence as to the basis(es) and rationale(s) for the ultimate decisions that are made by Collier County. Sincerely, Tony Pires Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-Ielilal.com From: Stephen M. Feldhaus [mailto:el14916276@exchange.1and1.com) Sent: Friday, March 26, 2010 4:51 PM To: Anthony Pires; Feldhaus Law Group, P.C. Cc: Gary McAlpin; Leo Ochs; Robert Naegele; Bill Carpenter; Bob Uek; Doug Esson; Robert Pendergrass; Mike Coyne; Ronnie Bellone; Jim Hoppensteadt; Cora Obley; Henry Price Subject: Re: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Tony, My apologies for the delay in responding. I have been on the road (and in fact am sending this from the airport in NY). The Foundation's Ad Hoc Committee on Clam Bay is meeting with Gary, leo, and several others in mid April to try to work through the various outstanding Clam Bay issues. We feel strongly that this private working session will be much more conducive to problem resolution than a public meeting. Accordingly, we decline your invitation, but with a note of appreciation for your attempt to bridge the misunderstanding gap that may well exist, on both sides. One ofthe goals we have for our upcoming meeting is to gain a full understanding of precisely what is behind the various actions the county is pursuing in Clam Bay. The Foundation is genuinely interested in working with the county to ensure that Clam Bay remains the ecological treasure that it is. Best, Steve Feldhaus, Secretary, Pelican Bay Foundation From: Anthony Pires <APires@wpl-legal.com> Date: Fri, 26 Mar 2010 16:21:51 -0400 4/6/2010 Add -- 011 CAC April 8, 2010 p 3 f IX-1-b Old Business'" age 0 4 3 of 4 To: Feldhaus, Stephen<sf@feldhauslaw.com> Cc: McAlpinGary<GaryMcAI pin@colliergov.net>; ochs J<LeoOchs@colliergov.net> Subject: FW: CAC Clam Bay Subcommittee/Pelican Bay Foundation! Meeting Dear Mr. Feldhaus, Could you kindly provide me with a reply? Looking forward to your favorable reply. Thank you Tony Pires Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-Iegal.com Firm Website: www.wpl-Iegal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and inunediately delete this message and all its attachments. From: Anthony Pires Sent: Friday, March 19, 20108:35 AM To: 'Feldhaus, Stephen' Cc: Gary McAlpin (GaryMcAlpin@colliergov.net); ochs_1 Subject: CAC Clam Bay Subcommittee/Pelican Bay Foundation/ Meeting Dear Mr. Feldhaus, As Chairman of the newly created CAC Clam Bay Subcommittee and as a follow up to discussions at both the CAC and the newly created CAC Clam Bay Subcommittee, the CAC Clam Bay Subcommittee extends an offer to the Board of Directors of the Pelican Bay Foundation to meet to discuss and inform the Pelican Bay community of various proposed and ongoing projects and programs relating to or affecting the Clam Bay Estuary in order to try to ensure that accurate information is fully disseminated among the parties interested in Clam Bay. I believe that will assist the parties to resolve important issues involving Clam Bay. As with all meetings involving the CAC Clam Bay Subcommittee, the meeting would be a publicly accessible and noticed meeting. 4/6/2010 /fdJ - (fY\ eAe April 8, 2010 Page 4 of 4 IX-1-b Old Business 4 of 4 I look forward to your favorable response. Sincerely Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239-649-6555 Phone 239-649-7342 Fax apires@wpl-leRal.com Firm Website: www.wpl-Iegal.com This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments. 4/6/2010 .. CAC April 8, 2010 IX-1-b Old Business 1of3 . Clam Bay Estuary Peer Review Scope of Work March 15, 2010 March 19,2010 - Rev. 1 Backaround During their regular December 15, 2009 meeting, the Board of County Commissioners approved an independent peer review of the work required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Specifically, that an independent peer review, of the Clam Bay Water CirculationlFlushing Modeling Program and the Clam Bay System Data Collection Analysis Report recently completed by PBS&J be performed by a recognized expert. This expert, jointly selected by Pelican Bay Services Division and Coastal Zone Management, will be from an academic/university background and not directly involved with any consulting firm. The review of the Clam Bay Data Collection and Analysis Report is proposed to be conducted early in the development of the flushing/circulation model. It is also recommended that the cost of this effort and any future phased peer review be split between the Pelican Bay Services Division and Coastal Zone Management. Consideration Development of a management plan for Clam Bay will involve a number of critical sciences not usually resident in one individual expert. Among others. these disciplines would involve water quality, coastal engineering, marine biology, modeling, geology and coastal management to name just a few. In addition, they must be knowledgeable with state rules and regulations to be successful. This must include involvement in issues related to FDEP's existing state water quality standards, the use of the Impaired Waters Rule (IWR), and experience with the Total Maximum Daily Loads (TMDL) program. These three issues - state water quality standards, the IWR, and the TMDL program - are absolutely critical. Familiarity with all three and the implications of such are the most important issue here. If they don't know about those three programs - then they're probably not right for the peer review process. Also critical to the success of this review would be a track record in managing estuaries of a similar nature in Southwest Florida and no prior history of involvement with our community. Consultants have been ruled out due to the competitive nature of the consulting business. Stand alone academics although initially recommended. lack the array of technical expertise required along with the practical track record of managing estuaries in SW Florida. For these reasons, we have reconsidered this requirement. II CAC April 8, 2010 IXv1 ~b Old Business 2of3 There are three national estuary programs in SW Florida that have the technical and practical expertise to evaluate our program, guide us and make recommendations. These programs are: . Charlotte Harbor National Estuary Program run by Judy Ott . Sarasota Bay National Estuary Program run by Dr. Jay Leverone . Tampa Bay Estuary Program Run by Ed Sherwood Each of these programs is separate and distinct from each other. They are EPA sponsored and have developed the science necessary to develop their estuary programs. They are not associated with Collier County and are usually funded by a combination of USEPA, FDEP, local Government and the WMD. Each of these programs has also developed biological, water and overall estuary health diagnostic studies in the management of their estuary. The added benefit of working with one of these programs is that only expenses, no fees or certainly reduced fees might be possible. In researching this topic two other individuals were highly recommended. They are: . Dr. Ernie Estevez a Estuarine Ecologists with Mott Marine and . Dr. Loren Coen, the Executive Director of Sanibel-Captiva Conservation Foundation Both this individuals do not run estuaries but have extensive experience in conservation issues within the SW Florida environment. Unfortunately, Dr. Estevez has elected not to participate with us because of the political dynamics involved. Considerable concern was expressed at the last Clam Bay subcommittee meeting held on 3117/2010 by the Pelican Bay community if these programs and individuals have had an acquaintance and working relationship with Dr. Dave Tomasko andlor PBS&J. The Pelican Bay community is concerned that as a result of any relationship, objectively would be compromised. I can only indicate that since these are all nationally recognized programs and Dr. Tomasko is a nationally recognized expert, both are known to each other. Since we want the highest degree of expertise available, I can assure you that this will probably be the case with any experts that are selected. Since the PBSD will jointly select the peer review resources, I would expect that this would be discussed and resolved during the interview process. Activities to be performed durinq the Peer Review Process Two items were specifically identified to be performed during peer review. They are: 1. Review, analysis and critique of the Data Collection and Analysis report dated October 2009 performed by PBS&J. 2. Review, analysis and critique of the water circulationlflushing modeling program to be performed by PBS&J. Additionally, the selected is peer review individuallfirm may be used to review and critique the development of the management plan f jointly agreed to by all parties concerned. 21 GAG April 8, 2010 IX-1.b Old Business 3 of 3 . Recommendation Staff and the Clam Bay subcommittee of the CAC are recommending that these individual along with those presented by the Pelican Bay Services Division be given the opportunity to submit credentials in response to a solicitation by the Collier County purchasing department. Only pre-identified candidates will be allowed to submit proposals for evaluation. Proposals will be jointly evaluated and must be acceptable to Collier County Coastal Zone Management !CAC and the Pelican Bay Services Division. 3\