Backup Documents 05/17/2010 R
WIGGIN'S PASS
SUBCOMMITTEE
MEETING
BACKUP
DOCUMENTS
MAY 17, 2010
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PAGE 01
McAlpin Gary
From:
Sent:
To:
Subject:
KeyesPamela
Monday, May 17, 2010 8:37 AM
McAlpinGary
Fw: Wiggins Pass
Fyi below...
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._...'........1........--...-,......'--'..........--.----.
From: David Bruening - 1861 <David.Bruening@colliersheriff.org>
To: KeyesPamela
Sent: Mon May 17 08:05:18 2010
SUbject: FW: Wiggins Pass
FYI
Sgt [j)aq.e f&uening #1861
~~Sfwd/f~ 19tfia
.MmiIre !JJWU!aU
239~530~9850
239~253-3768
158~98~847
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From: James Byms - 1312
Sent: Sunday, May 16, 20104:19 PM
To: Marine Status
Subject: Wiggins Pass
FyI.... Wiggins Pass is basically closed at dead low tide. Friday, I was able to get through on full plane trimmed all the
way. and still hit. Saturday I was at idle checking on a couple who was already stuck and of course got stuck myself
(along with 6 other boats). Just be careful in the area at low tide....
Love,
Cpl. Todd Byrns #1312
Marine Bureau
253-3799 -- *860
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Ul1der Florid~ Lew, (\.I1111illlddr~ses are public;: records, If you (10 not ;va"t your Ill-mell address rt;lleaseci in respOn.~fl to 6 publiC recot~ls reqIJ~$t, dO not sel1(1
electronic I'll ail to 111ia entity. Instelld, contac1 this office by l~lepnoM or in wrltlng.
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May 17, 2010 Wiggins Pass Subcommittee
VIII-1 New Suslness
2 of 27
MEETING SUMl\1ARY
Participants:
May 4,20102:30 +m.
Florida Bureau of Beaches and Coastal Systems, Tallahassee Florida
FDEP BBCS RAT # 1 dated March 24, 2010 on the Wiggins Pass JCP
Permit No. 012538
Merrie Beth Neely, Robert Brantley, Jennifer Koch, Subarma MaJakar,
BBCS; Jeff Raley, FPS; Robbin Trindell, FWC and Steve Keehn, CPE and
Gary McAlpin by Phone
Date and Time:
Location:
Subject:
The meeting followed the attached outline. It was modified by Robert Brantley in an E-mail
dated April 28, 2010 (attached), which was not made available until the start of the meeting.
Mr. Brantley wanted to skip the background summary (Items 1-4) and narrowly focus the
meeting to RAI comments and not other Bureau topics such as the Inlet management Plan (IMP).
This scope was attempted on the fly by Steve Keehn, but with enough background for other
participants not as familiar with the details. The FDEP and FWC staffs were stressed from
dealing with the oil spill problem and two members at the meeting were late substitutes filling in
for staffer who could not make the meeting.
Before the start of the meeting Vladimir Kosmynin, the sacs hardbottom expert stopped by and
said he could not make the meeting. While he was there, I proposed a method to handle the
hardbottom offshore of Delnor-Wiggins Park, which he agreed to. The Delnor Wiggins Park
hardbottom has been monitored 5 times since 2003. I proposed that the next monitoring take
place before the first use of the spoil area at Delnor Wiggins State Park as a pre-construction
survey, and he agreed. The details for monitoring this area will be described in a biological
monitoring plan.
Major topics discussed and pertinent comments follow:
Steve Keehn summarized the objectives and coastal processes for the other FDEP members.
Robert Brantley agreed that Delnor Wiggins Park was not a significant problem.
Steve Keehn stated that he had a conversation with FPS that morning and that hot spot issues
would be addressed in the project description or contingency plan. We clarified the type of sand
(ebb shoal sand), and the method of determining the direction of bypasSing for the Park.
Bypassing would be determined by equalizing the erosion on either side of the inlet, and we
would look into Jeft's alternative means of placing sand where the greatest need was regardless
of volumetric measurements.
The location of the rock substrate, clay and organic layers were identified based on previous
geotechnical studies (pages 8-10 on the attached Power Point Presentation). The previous
investigations proved that what was believed to be peat was actually organic clay or clay layers.
The clay layers are on both sides of the natural channel. The rock substrate may be a controlling
geology, but it is seaward of the big curves in the channel, even though is has high points on
either side of the channel (see geology pages 8-10 in May 4 PowerPoint presentation). The FDEP
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May 17, 2010 IfIIIgglns Pass Subcommltte8
VlII.1 New Busines$
4 of 27
Based on FDEP's comment, we may want to split future submittals into three groups in
consultation with FDEP:
1. Responses to permit related RAI comments.
2. Physical, biological, contingency and construction plans and related measurements-last
submittal.
3. Combined Inlet Management Plans and Modeling Report.
The meeting was conducted during a hectic time for FDEP (oil spill), with members leaving
early and stepping out for phone calls. Two participants at the meeting were last minute
replacements. Although many issues were resolved, a follow-up meeting before the first response
to this RAI is recommended, to clarify many of the issues raised above. The meeting went a
long way in achieving its educational goal.
Attachments:
May 4 2010 Power Point Presentation
Robert Brantley's April 28 2010 B-Mail
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Sieniflcant items reauirine: discussion/resolution - Wie21ns Pass Channel Proiect
~sleal Plan
Detailed Scope Modlfcation
Geologic Vs Hydraulic control ofthe Inlet
Geologic formations at thl;! mouth of the Pass
aalaclng Renourlshment
Ebb tide Shoal development
How much renourlshment on Barefoot
Can thl;! "5-20% Fines" sand be used to build thl;! Inter dikes, ie fill the meander
Extra Sand Supply. where and when
Bialo.leal Plan
Sea grass monitoring - What is the trIgger point for mitigation?
National Marine Fisheries - Visit and Discussion
USACE Visit
Biological Opinion
Continllenev Plan
Detailed scope Modifc:atlon
Balancing the System - Greatest need Vs erosion rates Delnor-Wiggins State ParI<
What triggers an action (renourishment sea grass, other, size or casue of erosion) for DWSP
Balancing the needs of DWSP Vs Barefoot aeach
Outstanding Florida Waters - Involvement/turbidity/review
Parks Permission for their land Use (Fill or Cut)
ConstruaiQn Plan
Where to put the marginal Silt (5%-20%%) and HoW much is there?
Where is the Clay and significance If any?
Small Dredge Scope
Sand Strategy - System not balanced (2S0K cy's sand needed for Ebb Shoal/dikes/Barefoot Beach)
Inaemental Sand Plan - Shortages over time?
Modl;!l the ebb tide shoal
Dredge season
Inlet Manal[ement Plan
Comprehensive Document that addresses RAIl. comments 33, 37 and 38 as identified in RAil Page 16/23.
Letter of Con5istencv
As defined In CDES Memo
PAGE 04
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- ,,,. \.
CAe March 11, 2010
VIl.5-a New Buslru~SS
22 or 35
McAlpinGary
From:
Sent:
To:
Cc:
Subject:
mason 6
Thursday, February 04, 2010 10:11 AM
McAlpinGary; hambrlghu .
lorenz. W; MoscaMichele; GlbsonLilura; Sawyer Michael
Wiggins pass permitting meeting summary
Hello all,
Here is a summary of what was dIscussed at the Friday Jan 22 meetIng and what approvals are requIred by the Land
Development Code for the proposed dredging project.
At the meeting, Gary McAlpin and the consultant briefly outlined the scope of work for the dredge project and the
location of the work. The dredging will be to maintain the 3' draft restriction, no sea grass or hard bottom will be
i1ffected and no shofl;dine hardening in proposed.
CDES stclff outllned the following County requirements based on overlays and generalLDC requirements. A link to the
LDC and relevant section numbers are included;
LDC _ b!1J;!:l/library.m ynicode.comliD-d ex.as px7c1ientld,,13992&.$tateld"'9&stateNa me",Flo rida .
".. Special Treatment Permit including an Environmental Impact Statement (EI5) and approval - (ST LOC
4.01.14 & EIS LDC 10.02.02 Al &hC
)- Coastal Construt::tion Setback permit for dune restoration ~ (we 10.02..06 H) .
)0 Vehicle on the Beach permit - (LDC ).0.02.061)
Regarding the EIS, In the Growth Management Plan (GMP) consistency section, please pay special attention to
ConservatIon & Coastal Management Element (CCME) Goal 10 especially the Objectives and policies in 10.3 and 10.5 In
addition to the other relevant areas of the CeME. httl?:[/www.collfergol{.n~t/lndex.aspx7page=257
Additionally there are 2 other permits that may be required.
)- Vegetation Removal permit if any native vegetation will be removed or If any exotic:: vegetation will be
removed using machInery rather than hand held equipment. (LDe 3.05.05 and 10.02.06 l)
}> Temporary Use permit from the Zoning section if you are creating temporary staging areas above the
mean high water line. (LDC 1.0.02.06 G)
Here is a link to the environmental permIts: http://www.colllergov.net/index.asPx?Da2e:z327
Here is a link to the zoning permIt If needed: http://www.colliergov.net/lnde)(.aspx~~e;819.
At the meetIng, Mr. McAlpin mentioned a GMP consistency determination will be required for the DEP permit. When
you need to obtain a determination, please contact Michele M csca at (239) 252-2466 for instruction beyond that given
in the handout she provided at the meeting.
I have copIed other staff that attended that meeting or offered information. Please clarify or add ilnyth;ng necessary.
Thank you for your patience since it was longer than expected for me to send this out.
Please call or emaH jf you have any questions.
SuSan Mason. principal Environm~"tol Spe:.ciolist
Collier County Community De.ve.lopme.nt & (nvirot\m~ntal Services Division
1
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Department of,
Environmental Protection
jeb Bush
Governor
Milrjory Stoneman Douglil$ Building
3900 Commonwealth Boulevarq
Tallahassee, Florida 32399-3000
D~vid B. Struhs
SeC~tary
CONSOLIDA TED JOINT COASTAL PERMIT
AND
INTENT TO GRANT SOVEREIGN SUBMERGED LANDS AUTHORIZA nON
PERMITTEE/AUTHORIZED ENTITY:
Collier County Board of County Commissioners
c/o Harry E. Huber, Project Manager, OCPM
3301 Tamiamj Trail, East
Naples, Florida 34112
Permit/Authorization No.: 0142538~OOl-JC
Date of Issue: January 12,2000
Expiration Date: January 12,2010
County: Collier County
Project: Wiggins Pass Maintenance Dredging
This pennit is issued under the authority of Chapter 161 and Part IV of Chapter 373, Florida
Statutes (F.S.), and Title 62 and 40, Florida Administrative Code (F.A.C.). Pursuant to Operating
Agreements executed between the Department and the \",ater management districts, as referenced in
Chapter 62-113, F .A.c., the Department is responsible for reviewing and taking final agency action on
this activity.
ACTIVITY DESCRIPTION:
The project is to widen and deepen Wiggins Pass with subsequent maintenance dredging every
t\;vo years. The authori~ed channel width is 250 ft. and the channel depth is -7.5 ML W (plus 1 ft.
allowable overdredge depth) between Stations 0+00 through 1 +00, and a depth of -12 ft. ML W (Plus I
ft. allowable overdredge depth) between Stations 2+00 through 15+00. The channel \.\liB be
hydraulically dredged every two years with dredged material placed on the beaches of Barefoot Beach
State Preserve (between approximately R-IIA and R-] 4.2) and Delnor- Wiggins State Recreation Area
(between approximately R-18 and R-20.5). The initial dredge event includes excavation of a total of
approximately 95,000 cubic yards of dredged material: 42,000 cy will be disposed of offshore~ 32,100
cy will be disposed of below ML W On Barefoot beach; and 20,900 wilt be disposed of on the beach at
Oelnor- Wiggins SRA. Subsequent hydraulic maintenance dredging is anticipated to involve excavation
of approximately 43,200 cy every two years.
ACTIVITY LOCATION:
Located at Wiggins Pass, Delnor- Wiggins Pass State Recreation Area, and Collier County
Barefoot Beach Park, Comer County, Sections 17 and 20, TOWnship 48 South, Range 25 East, Class III
Waters, in and adjacent to Del nor- Wiggins Pass State Recreation Area Outstanding Florida Waters.
This permit constitutes a finding of consistency with Florida's Coastal Zone Mana.gement
Program, as required by Section 307 of the Coastal Zone Management Act. This permit also constitutes
"PrOIect. Conserve end Manage Florida's EnvirOl'lmerlt end Nr;;tu(ol Res~ilrces"
Printed "" '"<y<;I.d pD~r.
CD
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Permit No.: 0142538-00J-JC
Permittee: Collier County
Page 2 of 16
certification of compliance with state water quality standards pursuant to Section 401 of the Clean
Water Act, 33 U.S.C. 1341.
This activity also requires a proprietary authorization, as the activity is located on sovereign
submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to
Article X, Section II of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is
not exempt from the need to obtain a proprietary authorization. The Department has the responsibility
to review and take final action on this request for proprietary authoti2a.tion in accordance with Section
18-21.0051, F.A.C.. and the Operating Agreements executed between the Department and the water
management districts, as referenced in Chapter 62-113, F.A.C. In addition to the above, this proprietary
authorization has been reviewed in accordance with Chapter 253 and Chapter 258, F.S., Chapter 18-21,
Section 62-312.065, F.A.C., and the policies of the Board of Trustees.
As staff to the Board of Trustees, the Department has reyjewed the activity described below, and
has determined that the beach placement activity qualifies for a consent to use sovereign, submerged
lands, as long as the work performed is located within the boundaries as described herein and is
consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to
Chapter 253.77, F.S., to perfonn the activity on the specified sovereign submerged lands.
As staff to the Board of Trustees, the Department has reviewed the activity described below, and
has determined that the navigation channel requires a public easement for the use of those lands,
pursuant to Chapter 253.77, F.S. The Department intends to issue the Public Easement (InsO'Urnent No.
30353, BOT File No. 11-0220735), subject to the recommended fees and conditions in the previously
issued Consolidated Intent to Issue.
The final documents required to execute the Public Easement (InstrUment No. 30353, BOT File
No. 11-0220735) have been sent to the Division of State Lands. The DepartItlent intends to issue the
Public Easement, upon satisfactory ex.ecution of those documents.
A copy of this authorization has been sent to the U. S. Anny Corps of Engineers (USACOE) for
review_ The USACOE may require a separate permit. Failure to obtain this authorization prior to
construction could subject you to enforcement action by that agency. You are hereby advised that
authorizations also may be required by other federal; state, and local entities. This authorization does
not relieve you from the requirements to obtain all other required penn its and authorizations.
The above named permittee is hereby authori:lCd to construct the work shown on the application
and approved drawings, plans, and other documents attached hereto or on file with the Department and
made a part hereof. This penn it and authorization to use sovereign submerged lands is subjec:t to
the Umits, conditions. and locations of.work shown In the attaebed drawings, aDd is also subject to
the GeDeral ConditioDs and Specific: Conditions. which are a binding part of this permit and
Iluthorbatlon. You are advised to read and understand these drawings and conditions prior to
~
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Permit No.: 0142538-001-JC
Permittee: Collier County
Page 3 of J6
commencin~ .the authorized.activities, and to ensure the work is conducted in conformance with all the
terms, COndltlOns, and.draWUlgs. If you are utilizing a contractor, the Contractor also should read and
understand these draWlngs and conditions prior to commencing the authorized activities.
GENERAL CONDITIONS:
1. . A~J activities authorized by this peI1llit shall be implemented as set forth in the plans and
specl~cat1Ons appr~ved as a part of this penn it, and all conditions and requirements of this pennit. The
~ennlttee sh~I1 notIfy the Department in writing of any anticipated deviation from the permit prior to
Implementat10n so that the Department can determine wh~ther a modification of the pennit is required.
I
2. If, for any reason, the pennittee does not comply with any condition Or limitation specified in
this penn it, the permittee shall inunediately provjde the Office of Beaches and Coastal Systems (Office)
and the appropriate District office of the Department with a \vritten repon containing the following
infonnatjon: a description of and cause of noncompliance; and the period of noncompliance, including
dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and
steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.
3. This permit does not eliminate the necessity to obtain any other applicable licenses or penn its
which may be required by federal, state, local or special district laws and regulations. This pennit is not
a waiver or approval of any other Department permit or authorization that may be required for other
aspects of the total project which are not addressed in this pennit.
4. This pennit conveys no title to land or water, does not constitute State recognition or
acknowledgment of title, and does not constitute authority for the USe of sovereignty land of Florida
seaward of the mean high.water line, or, if established, the erosion control line, unless herein provided
and the necessary title, lease, easement, or other fonn of consent authori:zing the proposed use has been
obtained from the State. The permittee is responsible for obtaining any necessary authorizations from
the Board of Tmstees of the Internal Improvement Trust Fund prior to commencing activity on
sovereign lands or other state-owned lands.
5. Any delineation of the extent of a wetland Or other surface water submitted as part of the pennit
application, including plans or other supporting documentation, shall not be considered specifically
approved unless a specific condition ofthis permit or a formal determinaHon under section 373.421(2),
F.S., provides otherwise.
6. This pennit does not convey to the pennittee or create in the pennittee any propeny right, or any
interest in real property, nor does it authorize any entrance upon or activities on property which is not
owned or controlled by the pennittee. The issuance of this permit does not convey any vested rights or
any exclusive privileges.
(3)
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Permit No.: 0142S38-OO1-JC
Permittee: Collier County
Page 4 of 16
7. This permit or a copy thereof, complete with all conditions, attachments, plans and
specifications, modifications, and time extensions shall be kept at the worle site of the permitted activity.
The permittee shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this penn it.
8. The permittee, by accepting this petmit, specifically agrees to allow authorized Department
personnel with proper identification and at reasonable times, access to the premises where the pennitted
activity is located Or conducted for the purpose of ascertaining compliance with the terms of the permit
and with the rules of the Department and to have access to and copy any records that must be kept under
conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required
under this pennit; and to sample or monitor any substances or parameters at any location reasonably
necessary to assure compliance with this permit or Department rules. Reasonable time may depend on
the nature of the concern being investigated.
9. At least forty-eight (48) hoW"S prior to commencement of activity authorized by this permit, the
permittee shall submit to the Office and the appropriate District office of the Department a written
notice of commencement of construction indicating the actual start date and the expected completion
date. .
10. If historical or archaeological artifacts are discovered at any time on the project site) the
pennittee shall immediately notify the State Historic Preservation Officer and the. Office.
I 1. Within 30 days after completion of construction or completion of a subsequent maintenance
event authorized by this permit, the pennittee shall submit to the Office of Beaches and Coastal Systems
and the appropriate District office of the Department a written statement of completion and certification
by a licensed professional engineer registered in the state of Florida. This certification shall state that:
all locations and elevations specified by the penn it have been verified; the activities authorized by the
pennit have been perfonned in compliance with the plans and specifications approved as a part of the
permit, and all conditions of the penn it; or shall describe any deviations from the plans and
specifications, and all conditions of the pennit. When the completed activity differs substantially from
the permitted plans, any substantial deviations shall be noted and explained on two copies of as-built
drawings submitted to the Department.
SPECIFIC CONDITIONS:
I. The terms, conditions, and provisions ofthe required Public Easement (Instrument No. 30353, BOT
File No. 11-0220735) for the navigation channel shall be met. A temporary Consent of Use is
provided for initial constru.ction within the Wiggins Pass navigation Channel located on sovereign
submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust
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Permit No.: 0141538-001-JC
Permittee: COUier COllntv
Page5of16 w
Fund. Within 90 days after issuance of the notice to proceed all Public Easement documents shall
be executed to the satisfaction of the Department.
2. No work shall be conducted under this permit for the initial dredging or subsequent maintenance
dredging events until the permittee has received a written notice to proceed for the Department.
Prior to the issuance of the notice to proceed, the pennittee shall submit the following:
a. Two copies of detailed final construction plans and specifications for all authorized
activities. These documents shall be signed and sealed by the design engineer, who must be
registered in the State of Florida, and shall bear the certifications specified in Rule 62B-
41.007(4), F.A.C. The plans and specifications shall include a description of the beach
construction methods to be utilized and drawings and surveys which show all work spaces
(e.g. anchoring area, pipeline corridors, staging areas, boat access corridors, etc.) to be used
for this project. The final plan and cross section drawings for the initial event shall depict
the dredging of beach compatible material with differentiation between placement to the
north and placement to the south as described in Specific Condition 4 (below). The
Department may request additional infonnation as necessary in order to review each
subsequent maintenan~e dredging event. Department approval for subsequent events may be
contingent upon the permittee's acceptance of additional conditions which may be
determined to be appropriate based upon data submined to the Department in support of your
request or upon the results of previous monitoring data.
b. Construction at the project site shaH be monitored closely to assure that turbidity levels do
not exceed the compliance. standards established in this pennit. Accordingly, an individual
familiar with beach construction techniques and t\..U'bidity monitoring shall be present at all
times when fill material is discharged on the beach. This individual shall serve as site
supervisor and shall have authority to alter construction techniques or shut down the
dredging or beach construction operations if turbidity levels exceed the compliance standards
established in this permit. The nameS and qualifications of those individuals perfonning
these functions along with 24-hour contact information shall be submitted for approval to the
Office of Beaches and Coastal Systems in Tallahassee, 'Nith a copy to the South Florida
District Office (Ft. Myers). Any individual who perfonns this function shall be approved by
tbe Department before beginning to serve in this capacity.
c. A hydrographic plan to monitor the performance of the channel realignment, to identify
potential erosion and accretion patterns along the adjacent shoreline, to verify the analysis
that were conducted in the development of the deslgJl of the project, and to identify any
adverse impacts, which would be attributable TO the project authorized by this permit. The
monitoring plan shall contain an executive summary, a table of contents, and a list of tables
and figures_ The plan shall also contain a table and plan view map showing the location,
length, and all control infonnation (i.e., state plane coordinates, azimuths, etc.) for all beach
@
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Permit No.: OI42S3s..001-JC
Permittee: Collie.. COUDty
Page 6 of 16
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profiles to be monitored. The proposed plan shall demonstrate what specific data is to be
coJlected, the time period for data collection, the proposed analyses to be conducted and the
fonnat in which the results are to be presented. The monitoring plan is subject to
modification at the direction of the department should shoreline conditions change.
3. At least 14 days prior to the commencement date, the permittee shall conduct a pre-construction
conference to review the specific conditions and monitoring requirements of this pennit with the
penninee's contractors, and Department staff representatives. The pennittee shall provide a
minimum 7 days advance written notification to the fOllowing offices advising of the date, time, and
location of the pre-construction conference.
DEP, Office of Beaches and Coastal Systems
Mail Slation 300
3900 Commonwealth Boulevard
Tallahassee, Florida 32399.3000
phone: (850) 487-4471
fax: (850) 488-5257
DEP, Dell'lor-Wiggins Pass State Recreation Area
II J 00 Gulf Shore Drive North
Naples, Florida 34108
phone: (941) S97~6196
fax: (941) 597-8223
FWCC, Bureau of Protected Species Management
620 South Meridian Street
Tallahassee, Florida 32399- I 600
phone: (850) 922-4330
fax: (850) 921-4369
Submerged Lands and EDviroomental Resources Program
DEP/South Florida Districl
Post Office Box 2549
Fon Myers, Florida 33902-2549
phone: (941) 332-6975
fax: (94l) 332-6969
Collier County. Natural Resources Department
County Government Center
3301 E. Tamiami Trail. Building "W
Naples, Florida 34112
phone: (941) 732-2505
fax: (941) 774-9222
Collier County, Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34 J 04
phone: (941) 403-2400
fax; (941) 643-6968
4. Excavation of the dredge site shall proceed in a continuous and Wliform manner. For the
initial dredge event the contractor shall dredge the channel in two cuts; Beach Fill and
Offshore Disposal. The Beach PiIJ cut shall be cut further in two sections. The first section
shall be the southern half of the channel between ranges ..110 and 0+00 and shall be placed
in the South Beach Disposal Site. The second section shall be the northern half of the
channel between ranges 0+00 and + 140 and shall be placed in the North Disposal Site.
5. During all dredging operations the permittee shall require the dredging contractor to have
electronic positioning equipment which continuously measures the vertical and horizontal
location of the cutterhea~ dragarms, dustpan or clamshell at all times during operations.
The horizontal positioning equipment shall be installed on the dredge so as to monitor the
actual location of the dredge equipment and be interfaced with the depth monitoring device.
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Permit No.: OI42538-001-JC
Permittee: ColUer County
Page 7 or 16
This equipment shall provide a pennanent record of the equipment's position referenced to
State Plane Coordinates and NGVD. As a part of the final report the permittee shall provide
a daily record of the position of the dredge equipment which includes the dredge area limits
with actual and maximum authorized dredge depth referenced to state plane coordinates and
NGVD. Vertical and horizontal accuracy of the positioning equipment shall also be
reponed.
6. The existing solid rock layer \\'ithin the inlet throat, located berween approximately Station
0+00 to 1+.50 sbaU Dot be removed. This information shall be cle31ly depkted and labeled
on the construction drawings.
7. The perimeter of the offshore disposal area shall be marked 'with buoys (lighted buoys if
construction will OCCur at night) placed no more than 1,000 feet apart to clearly identify the
limits of the disposal area. The penninee shall ensure that these buoys are maintained
continuously for as long as disposal occurs at the offshore disposal area: A pre-construction
and post-construction bathymetric survey of the disposal area and the immediate surrounding
area shall be conducted pursuant to the permit monitoring conditions to verify that placement
of the dredged material is confined to within the designatod disposal limits.
8, During all offshore disposal operations the pennittC!:e shall require the dredging contractor to
have electronic positioning equipment which continuously measures the location of the
disposal vessel at all times during disposal operations. This equipment shall provide a
permanent record of the equipment's position referenced to State Plane Coordlnates. As a
part of the final report the penninee shall provide a daily record of the position of the dredge
equipment which includes the disposal area limits.
9. Best management practices shall be used at all times during construction to minimize
turbidity at both the dredge and disposal sites. W!1en hydraulic pumping of fill sand onto the
beach, these practices shall include constructing dikes parallel to the shore and landward of
mean high water and discharging sand pumped from the borrow area along the landward side
of the dikes. The opening of the discharge pipe on the beach shall be behind the dike at all
times and shall be at least 50 feet from the end of the dike where sand flo\\'S out onto the
beach. 'When placing material in the offshore disposal area, best management practices shall
include maintaining the offloading vessel stationary at one location.
10. If monitoring indicates mrbidity exceeding the turbidity levels specified in the monitoring
requirements of the permit, all dredging, and disposal operations shall be immediately
discontinued until further directed by the Department's South District Branch Office (Ft.
Myers) or the Office of Beaches and Coastal Systems in Tallahassee. The Department shall
be notified immediately of the time of violation of thill criterion and of steps taken to correct
the situation.
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PAGE 08
Permit No.: OI42538.001-JC
Permittee: Collier County
Page 8 of 16
11. In order to ensure that marine turtles are not adversely affected by the construction activities
authorized by this permit, the permittee shall adhere to the following conditions;
a. No construction, operation. transportation or stDr"llge of equipment or materials are
authorized for beach or nearshore placement of material during the marine turtle nesting
season (] April through 31 October).
b. All fill material placed on the beach shan be sand that is similat' to that already ex.isting at
the beach site in both coloration and grain size distribution. All such fill material shall be
free of construction debris. rocks, or other foreign matter and shall not contain, On
average; greater than 10 percent fines (i.e., silt and clay) (passing the #200 sieve) and
shall be free of coarse gravel or cobbles.
c. Immediately after completion of beach placement of material and prior to March 15 for 3
subsequent years. sand compaction shall be monitored in the area of beach placement in
accordance with a protocol agreed to by the Department, the U.S. Fish &. Wildlife
Service, and the applicant. At a minimum, the protocol provided under a and b below
shall be followed. If required, the area shall be tilled to a depth of 36 inches. All tilling
activity must be completed prior to April 15. A repon on the results of compaction
monitoring shall be submitted to the Department prior to any tilling actions being taken.
An annual swnmary of compaction surveys and the actions taken shall be submitted to
the Department. This condition' shall be evaluated annually and may be modified if
necessary to address sand compaction problems identified during the previous year.
i. Compaction sampling stations shall be located at 500.foot intervals along the project
area. One station shall be at the seaward edge of the dunelbulkhead line (when
materia.l is placed in this area); one station shall be midway between the dune line and
the high water line (normal wrack line); and one station shall be located just landward
of the high water line.
ii. At each station. the cone penetrometer shall be pushed to a depth of6; 12, and 18
inches three times (three replicates). Material may be removed from the hole if
necessary to ensure accurate readings of successive levels of sediment. The
penetrometer may need to be reset between pushes; especially if sediment layering
exists. Layers of highly compact material may layover less compact layers.
RepUcates shall be located as close to each other as possible, without interacting with
the previous hole and/or disturbed sedirnents. The three replicate compaction values
for each depth shall be averaged to produce final values for each depth at each
station. Reports shall include all 27 values for each transect linel and the final 9
averaged compaction valUes.
(i)
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Permit No.: 0142538-00t~JC
Permittee: Collier COUDty
Page 9 of 16
iii. If the average value fOT any depth exceeds 500 psi for any two or more adjacent
stations, then that area shall be tilled prior to April 15. If values exceeding 500 psi
are distributed throughout the project area but in no case do those values exist at two
adjacent stations at the same depth, then consultation with the Department shall be
required to determine if tilling is required. If a few values exceeding 500 psi are
present randomly within the project area, tilling shall not be required.
d. Visual surveys for escarpments along the beach placement area shall be made
immediately after completion of the beach placement and prior to March 15. Results of
the surveys shall be submitted to the Department prior to any action being taken.
Escarpments that interfere with sea tunle nesting or that exceed 18 inches in height for a
distance of ]00 feet shall be leveled to the natural beach contour by April]. The
Department shall be, contacted immediately if subsequent reformation of escarpments that
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100
feet occurs during the nesting and hatching season to detennine the appropriate action to
be taken. If it is determined that escarpment leveling is required during the nesting or
hatching season, the Department will provide a brief written authorization that describes
methods to be used to reduce the likelihood of impacting existing nests. An annual
summary of escarpment surveys and actions taken shall be submitted to the Department.
e. All material placed in the nearshore disposal area shall be placed below ML W. The
nearshore benn shall be inspected prior to March IS, and shall be no higher than-3
NGVD. If any portion of the benn is shallower than ~3 NGVD and is determined by
BPSM to create a barrier to nesting turt]es~ it shall be deepened to w 3 NGVD prior to
April 1.
f. The applicant shall arrange a meeting between representatives of the contractor) the
Department, and the permitted person responsible for egg relocation prior to March P'.
At least 10 days advance notice shall be provided prior to conducting this meeting. This
will provide an opportunity for explanation and/or clarification of the sea turtle
protection measures.
g. In the event that offshore placement of material occurs during marine turtles nesting
season, (April 1 through October 31), lighting on offshore equipment shall be minimized
through reduction, shielding lowering, and appropriate placement of lights to avoid
excessive i1h.l.mination of the water, while meeting all U.S. Coast Guard and OSHA
requirements. Shielded low pressure sodium vapor lights are highly recommended for
lights on offshore equipment that cannot be eliminated..
(3)
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PAGE 10
'j
Permit No.: OI42S38-001-JC
Permittee: Collier CObOty
Page 10 of 16
h. Reports on all nesting activity and marine turtle protection measures taken during
construction shall be provided for three nesting seaSOns in the areas of beach placement
and the beach landward ofnearshorc placment. Monitoring of nesting activity shall
inclUde daily swveys and any additional measures authorized by the Department.
Reports submitted shall include daily report sheets noting allllctiviry, nesting success
rates, hatching success of all nests. dates of construction and names of an persotu1el
involved in nest surveys and relocation activities. All nesting SW'Veys, nest relocations
screening Or caging activities etc. shall be conducted only by persons with prior
experience and training in these activities and is duly authorized to conduct such
activities through a valid permit issued by the Department, Division of Marine
Resources, pursuant to Florida Administrative Code 62R-l.
i. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen,
initial notification must be msde to the Department at 1-800-DIAL FMP. Care should be
taken in handling sick or injured specimens to ensure effective treatment and ClU"e and in
handling dead specimens to preserve biological materials in the best possible state for
later analysis of cause of death. In conjwtction with the care of sick or injured
endangered or threatened species or preservation of biolOgical materials from a dead
animal, the finder has the responsibility to ensure that evidence intrinsic to the specimen
is not unnecessarily disturbed.
12. In order to ensure that manatees are not adversely affected by the construction activities
authorized by this permit, the pennittee shall adhere to the follOwing conditions:
a. The contractor instructs all personnel associated with the project of the potential
presence of manatees and the need to avoid collisions with manatees. All construction personnel
are responsible for observing water-related activities for the presence of manatee( s), and shall
implement appropriate precautions to enSUl"e protection of the manatee(s).
b. All construction personnel are advised that there are civil and criminal penalties
for hanning. harassing. or kilJing manatees which are protected under the Marine Mammal
Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary
Act. The permittee and/or contractor may be held responsible for any manatee hanned,
harassed, Or killed as a result of construction activities.
c. Prior to commencement of construction, the prime contractor involved in the
constnIction activities shall construct and display at least two temporary signs (placards)
concerning manatees. For all vessels, a temporary sign (at least 8.S" X 1111) reading "Manatee
Habitat/Idle Speed In Construction Area" will be placed in a prominent location visible to
employees operating the vessels. In the absence of a vessel, a temporary sign (at least 2' X 2')
reading "Warning: Manatee Habitat" will be posted in a location prominently visible to land
based, water~re)ated construction crews.
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PAGE 11
Permit No.: 0142S38-001-JC
Permittee: Colller County
Page 11 of 16
A second temporary sign (at least 8.5" X II") reading "Warning, Manatee Habitat:
Operation of aoy equipment closer than SO feet to a manatee shall necessitate immediate
sbutdown of that equipment. Any coJUsion with aDd/or injury to a manatee shall be
reported immediately to the Florida Marine Patrol at 1-800-DIAL-FMP" will be located
prominently adjacent to the displayed issued construction pennit. Temporary notices are to be
removed by the permittee upon completion of construction.
d. Siltation barriers shall be properl)' secured so that manatees cannot become
entangled, and are monitored at least daily to avoid manatee entrapment. Barriers must not
block manatee entry to Or exit from essential habitat.
e. All vessels associated with the project operate at "idle speed/no wake" at all rimes
while in the construction area and while in water where the draft of the vessel provides less than
a four foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
f, If manatees are seen "1thin J 00 yards of the active daily consnuction/dredging
operation all appropriate precautions shall be implemented to ensure protection of the manatee.
These precautions shaH include the operation of all moving equipment no closer than 50 feet of a
manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate
immediate shutdown ofthat equipment.
g. Any collision with and/or injury to a manatee shall be reported inunediately to the
Florida Marine Patrol (1-800-DIAL~FMP) and to the DEP Bureau of Protected Species
Management (850) 922~4330_
h. The pennittee shall ensure that the contractor maintains a log detailing sightings,
collisions, or injuries to manatees should they occur during the contract period. A report
summarizing incidents and sighrings shall be submitted to the DEF Bureau of Protected Species
Management, 3900 Commonwealth Boulevard, Mail Station 245, Tallahassee, Florida 32399.
3000 and to the \1. S. Fish and Wildlife Service, 6620 Southpoint Drive South, Suite 310,
Jacksonville, Florida 32216-0912. This report must be submitted within 90 days of completion
of the actiyjties conducted in accordance with the permit.
i. At least one person shall be designated as a manatee observer when in-water
work is beini performed. That person shall have experience in manatee observation, and shall
be equipped with polarUed sunglasses to aid in observation. The manatee observer must be on
site during all in-water construction activities and will advise personnel to cease operation upon
siting a manatee within 50 feet of any in-water construction activity.
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PAGE 12
Permit No.: 0142538-001-JC
Pennittee: Collier County
Page 12 of 16
MONITORING REQUIRED:
1. Water Quality (Turbid'ty)
Parameter: Turbidity is to be measured in Nephelometric Turbidity Units (NTUs) to be
analyzed on-site as soon as possible after collection. Turbidity of more than 29 NWs above
background at the edge of the mixing zone, defined below, at the edge of the dredge site, at the
north beach fill site, at the south beach fill site, and at the offshore disposal area is a violation of
State Water Quality Standards. Turbidity of more than 0 NTU's above background at
Hardbottom Sites 1 and 2 is a violation of State Water Quality Standards.
DREDGE SITE, BEACH FILL SITE, AND HARDBOTTOM SITES
Frequencv: The background and monitoring stations shall be samples at the dredge site, beach
fill site(s), and hardbonom sites (during construction of the south beach fill) twice
daily at least four hours apart. At least One set of samples shall be taken on an
incoming tide each day.
Sample locations: Samples shall be taken at mid.depth and at one foot above the bottom at each
location described as follows.
. DredQe Sile - BackgrQund:
Samples shall be collected at least 500 meters (1,640 feet) from the cutterhead in the opposite
direction of the prevailing current flow, clearly outside the influence of any turbidity plume.
Dredee Site. Comoliance:
Samples shall be collected 150 meters (492 feet) dOWlicurrent from the cutterhead and within the
deepest portion of any visible plume.
North Beach Fill Site - BackW"ound:
Samples shall be collected at a point 50 meters (164 feet) offshore and 1,000 meters (3,280 feet)
upcurrent from the point where discharge is reentering waters of the State (discharge point),
clearly outside of the influence of any turbidity plume.
North Beach Fill Site - Comoliance:
Samples shall be cOllected 150 meters (492 feet) downcuttent from the point where discharge is
reentering waters of the State (discharge point), within the densest portion of any turbidity
plume.
South Beach Fill Site - BackRl'Ound:
Samples shaH be collected at a point 50 meters (164 feet) offshore and 1,000 meters (3.280 feet)
upcW"tent from the point where discharge is reentering waters of the State (discharge point),
clearly outside of the influence of any turbidity plume.
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Permit No.: 0142538-001..JC
Permittee: Collier Cou.otv
Page 13 of 16 .
South Beach Fill Site - Compliance;
Samples shall be collected ISO meters (492 feet) dOMlcurrent from the point where discharge is
reentering waters of the State (discharge point) and at any distance offshore within the visible
turbid plume if present (if no plume is visible, then samples shall be taken 50 meters (164 feet)
offshore).
H~dbQttom Sites. BacklZround:
Samples shall be taken at the Hardbottom.Background Site location shown On the attached
permit drawing (Sheet 5), clearly outside of the influence of any turtbidity plume.
Harbottom Sites. Compliance:
Samples shall be taken at the two Hardbottom Shes 1 and 2 shown on the attached permit
drawing (Sheet 5).
DISPOSAL AT THE OFFSHORE DISPOSAL SITE "BORROW AREA 6"
FreQuencv: Approximately every 4 hours between J 5 and 30 minutes after disposal of a
barge load of material.
Backl!Tound: 500 meters from the disposal barge in the opposite direction of the prevailing
CWTent flow, clearly outside the influence of any turbid plume. Samples shall be
coJtected from the surface, mid-depth, and I meter above the bottom.
Compliance: No more than 150 meters dOY.'J1current from the disposal barge, in the densest
portion of any visible turbidity plume. Samples shall be collected from the
surface, mid-depth and I meter above the bottom.
Weekly summaries of all monitOring data shall be submitted to the Office of Beaches and
Coastal Systems and to the fDEP South District Office (Fort Myers) within one week of
analysis with documents containing the following infonnation: (I) permit number; (2) dates and
times of sampling and analysis; (3) a statement describing the methods used in collection,
handling, storage and analysis of the samples; (4) a map indicating the sampling locations; and
(5) a statement by the individual responsible for implementation ofthe sampling program
concerning the authenticity, precision, limits of detection and accuracy of the data.
Monitoring reports shall also include the following information for each sample that is taken: a)
time of day samples taken; b)depth of water body; c) depth of sample; d) antecedent weather
conditions; e) tidal stage and direction of flow; and f) wind direction and velocity.
The compliance locations given above shall be considered the limits of the temporary mixing
zone for turbidity allowed during construction. If monitoring reveals turbidity levels greater
PAGE 13
Q5)
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PAGE 14
Permit No.: 0142S38..o01-JC
Permittee: Collier County
Page 14 of 16
than 0 Nl1Js above background levels at the hardbottom monitoring sites, or greater than 29
NTUs above the associated backgroWld levels at the dredge site or offshore disposal site,
construction activities shall cea$e immediate),}' and not resume until corrective measures have
been taken and turbidity has returned to acceptable levels.
Monitoring reports shall be submitted to the Office of Beaches and Coastal Systems in
Tallahassee. Failure to submit reports in a timely manner constitutes grounds for revocation of
the pennit. When submitting this infonnation to the DEP, please clearly include, at the top of
each page or as a cover page to the submittal: "This information being provided in partial
fulfillment of tbe monitoring requlremellts In Perlllit No. OI42S38-001-JC."
2. Navigation study
A boating navigation study documenting the number and siz.e of boats using Wiggins Pass and a
survey of the number of wet and dry commercial and private slips shall be conducted every five
years during the life of the permit. The first survey shall be conducted during January through
March, 2004. The data should be collected and reponed similar to that conducted during 1999
and, at a minimum, this shall include: I) boat type (sailboat, powerboat. personal watercraft,
motorsailer); 2) boat length; 3) boat draft; 4) time of survey; 5) survey duration; 6) location of
survey; 6) weather conditions.
The results of each navigation study shall be submined to the Office of Beaches and Coastal
Systems Bud the Bureau of Protected Species Management within 90 days of completion of the
navigation survey. Each repon shall include an overall analysis and discussion of the boating
trends at Wiggins Pass with a comparison to previous boating studies (c. g., 1993, 1999, etc.).
When submitting this information to the DEP. please clearly include, at the top of each page or
as a cover page to the submittal: "This informatioQ being provided in partial fulfLIlment of
the monitoring requirements in Permit No. Ot42S38-001-Jc.u
2. Hydrographic Monitoring
A monitoring program shall be conducted in accordance with the monitoring plan approved as
part of Special Pennit Condition 2 (above). The monitoring plan shall be conducted for a
minimum of three (3) years following completion of construction. The permittee may
incorporate the requirements of this monitoring plan into existing monitoring programs being
conducted by the pennittee. The hydrographic monitoring program shall include the following:
a. Beach and offshore profile surveys shall be conducted immediately prior to sand
placement. immediately fotlowing completion of the project, and annually thereafter.
Profiles shall be surveyed at DEP reference monuments R-t 0 through R-22. The profile
alignments will be identical to the azimuths previously established for each monument.
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PAGE 15
Permit No.: 0142538-001-JC
Permittee: Collier County
Page 15 of 16
All beach profiles shall extend from the monument at least 3000 feet seaward and out to
the depth of closure if greater. Additional surveys may be required following a major
stonn as determined by the Department.
b. Bathymetric surveys of the Wiggins Pass navigation channel and adjacent area shall be
conducted immediately following project completion and annually thereafter. Soundings
shall be taken in accordance with the minimum specifications identified in the approved
monitoring plan.
c. The perminee shall submit an engineering report summarizing the monitoring data and
project performance to the Office of Beaches and Cosstal Systems in accordance with the
approved monitoring plan within 90 days of completion of each survey. The survey data
shall be submitted on 3.5-inch double.sided high density floppy disk in an ASCII format.
The data shall be arranged according to the DEP specifications and shall include all of
the information required by the DEP specifications.
\4onitoring reports shall be submitted to the Office of Beaches and Coastal Systems in
Tallahassee. Failure to submit reports in a timely manner constitutes grounds for revocation of
the permit. When submitting this information to the DE?, please clearly include, at the top of
each page or as a cover page to the submittal: "Tbis iDform.atiOD being provided io partial
fulfillment of the monitoring requirements in Permit No. 0142538-00J-Jc. n
Executed in Tallahassee, Florida.
STATE Of FLORlDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
~ ~ J--"E..
Kirby B. Teen, III, Deputy Secretary
FILING AND ACKNOWLEDGMENT
FILED, On this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
4~) ^-
. '...'~ -Lf.. c I, k/.a I( '" /
Deputy Clerk
.~/Iz/~I(!
Date
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PAGE 16
Pennh No.: OI42538-001-JC
Permittee: Collier County
Page 16 of 16
copies (with attachments) furnished to:
Michael Poff, Coastal Engineering Consultants, Inc.
Michael Nowicki, U. S. Anny Corps of Engineers, Jacksonville
(USACOE file No. 198701080 (lP-MN))
Kim Dryden, USFWS, Naples
Glenn Heath. Southwest Florida Regional Planning Council, Ft. Myers
Brett Moore, Humiston and Moore, Inc.
Barbara Burgeson, Collier County, Planning Services Department, 2800 North Horseshoe Drive,
Naples, Florida 34 I 04
Collier County, Natural Resources Department, 3301 E. Tamiami Trail, Building IOH, Naples,
Florida 34112
Lucy Blair, DEP, South District, Ft. Myers
Jennie COWart, DEP, South District, Ft. Myers
Mark Latch, DEP, Division of Recreation and Parks, MS 530
Robert Steiger, DEP, Delnor- Wiggins SRA
Sally Braem DEP-DRP, District 4 Office, Oscar Scherer State Park
David Arnold, FWCC, BPSM
DEP, Office of General Counsel
Lethie Lanham, OBCS
OBCS Permit lnfonnation Center
OBCS File
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PAGE 17
Department of
Environmental Protection
Jeb BU$h
Gcvetnor
Marjot}' Stoneman Dou:las Building
3900 COmmonwealth Boulevard
TallahM$ee, Rorid;a 32399.3000
ColI~n M. Castille
Secrel2ry
CERTIFIED - RETURN RECEIPT REOUESTEll
Marcb I 7, 2005
Collier County
c/o Kenneth Humiston, P.E.
Humiston and Moore Engineers
5679 Strand Court
Naples; Florida 34] 10
Permit Modification No. OI42538-004-EM
Pennit No. 0142538-001-JC; Collier County
Wiggins Pass Maintenance Dredging
Dear Mr. Humislon:
Your request to modify Permit No. 0142538-00 I.JC has been received (March in, and revised
request received on March loth) and reviewed by Department staff. The proposed permit
modification is to allow construction activities to continue until May 31,2005, which extends 61
days into marine turtle nesting season. Due to delays experienced by the dredging contractor, it
is likely that construction activities will not be completed by the April 1st completion date
specified in specific condition no. 11 (a) ofthe permit.
The applicant consulted with the National Marine Fisheries Service regarding their 2003
Regional Biological Opinion and were advised that for maintenance dredging on the Gulf Coast
with nearshore disposal, not occurring in Gulf sturgeon critical habitat, dredging with a hydraulic
pipeline dredge in turtle nesting season would be allowed.
The Florida Fish & Wildlife Conservation Commission (FWC), Bureau of Protected Species
Management, reviewed this modification request and determined that the extension would be
acceptable, providing that the dredge disposal occurs nearshore, away from the turtle nesting
beach habitat; and the lighting on the dredge and equipment comply with the standard conditions
for protection of marine turtles, as outlined in specific condition 11 (g) of the permit.
The applicant has demonstrated that delaying the project would place an unreasonable burden on
the applicant and the state. Since the FWC has determined that allowing construction activities
Primed on ~ed "~"'r.
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"More ?rotprtion. Les~ PrOCfSS"
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PAGE 18
Notice of Permit Modlficadon
Wiggins Pass Malutenance Dredging
Modification No. 0142538-004-EM
Page :z of 6
to continue 61 days into the 2005 marine turtle nesting season will not adversely impact nesting
sea turtles, their hatchlings, or their habitat, the Department has detennined that the proposed
modification would not be contrary to the public interest. This edension of the cODsuuction
window applies only to this year (2005).
The specific conditions shall be revised as follows (underlines are additions, atrikethrSllghs are
deletions):
Speelftc Condition No. I I (a)
11. In order to ensure that marine turtles are not adversely affected by the co11ltnlction
activities authorized by this permit, the pennittce shall adhere to the following
conditions:
a. No construction, operation, transportation or storage of equipment or materials
are authorized for beach or nearshon:: placement ofmateriaJ during the marine
turtle nesting leason (1 April through 31 October), exCE:f)t iq the vear 200Sn
when the above metltioned activities shall be allowed for nearsho;;J~ent
of materials between 1 April and Mav 31.
After thorough review the staff has determined that the proposed alteration does not increase the
potential for adverse impact on the coastal system~ public beach access seaward of the mean high
water line Or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration
does not reduce the design adequacy of the project Since the proposed modification is not
expected to result in any adverse environmental impact or water quality degradation, the permit
is hereby modified as :requested. By copy of this letter, we are notifying all necessary parties of
the modification_
This letter of approval does not alter the Janoary 11, 2010, expiration date, other Specific or
General Conditions (other than specific condition no. 11 (a)), or monitoring requirements of the
permit. This letter must be attached to the original penuit.
This pennit is hereby modified unless a sufficient petition for an administrative hearing is timely
filed under Sections 120.569 and 120.57, Florida Statutes, as provided below. The procedures
for petitioning for a hearing are set forth below. Mediation under Section 120.573) F.S.) is not
available for this proceeding.
A person whose substential interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must
contain the information set forth below and must be filed (received by the clerk) in the Office of
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PAGE 19
Notice of Permit ModUlt!ation
Wiggios Pass Maintenanc:e Dredging
Modification No. 0142538-004-EM
Page 3 of (j
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to redetennine final agency action on the
application, the filing of a petition for an administrative hearing may result in further
modification of the pennit or even a denial of the application. If a sufficient petition for an
administrative hearing OJ: request for an extension of time to file a petition is timely filed, this
pennit modification automatically becomes only proposed agency action on the application
subject to the result of the administrative review process. Accordingly, the applicant is advised
not to commence construction or other activities under this pennit modification untit the
deadlines notod below for filing a petition for an administrative hearing Or request for an
extension of time has expired-
Under Rule 62~ 110.1 06(4); Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension oftime to file a petition for an
administrative hearing. The Department may, for good cause shownl grant the request for an
extension of time:. Requests for extension of time must be filed with the Office of General
Counsel ofthe Department at 3900 Conunonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall
toll the running of the time period for filing a petition until the request is acted upon. If a request
is filed late, the Department may still grant it upon 8 motion by the requesting party showing that
the failure to file a request for an extension of time before the deadline was the result of
excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed, other
persons whose substantial interests will be affected by the outcome of the administrative process
have the right to petition to intervene in the proceeding. Any intervention will be only at the
discretion of the presiding judge upon the filing of B motion in compliance with Rule 28-
106.20~, F.A.C.
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of
receipt of the written notice, whichever occurs first.
Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of
agency action may file a petition within 14 days of receipt of such notice, regardless of the date
of publication.
@
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PROCESSOR
PAGE 20
Notice or Permit Modification
Wiggms Pu. Malntenallce DredglDi
Modification No. 014153S.oo4-EM
Page 4 of 6
The petitioner shall mail a copy of the petition to the applit:ant at the address indicated above at
the time of filing. The failure of my person to file a petition for an adminislOltive hearing within
the appropriate time period shall constitute a waiver of that person's righllO request an
administrative determination (bearing) under Sections 120.569 and 120.57, F.S.
In accordance with Rule 28-106.201, F.A:C., a petition that disputes the material facts on which
the Department's action is based must contain the following infonnation:
(a) The name and address of each agency affected and each agency's file or
identification number, ifknoWll;
(b) The name, address, and telephone number of the petitioner; the name, address,
and telephone number of the petitioner's representative, ifany, which shall be the
address for service pwposes during the COurse of the proceeding; and an
explanation of bow the petitioner's substantial interests are or will be affected by
the agency detennination;
(e) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement ohll disputed issues ofmaterial fact. Jfthere are none, the petition
must So indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification ofthe agency's proposed
action;
(1) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation
of how the alleged faets relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed
action.
A petition that does not dispute the material facts On which the Department's action is based
shall state that no such facts are in dispute and otherwise shall contain the same infonnation as
set forth above, as required by Rule 28~ 106.301, F.A.C. Under Sections 120..569(2)(0) and (d),
F.S., a petition for administrative hearing must be dismissed by the agency iftbe petition does
not substantially comply with the above requirements or is untimely filed.
This action is final and effecti ve on the date filed with the CIeri< of the Department unless a
petition is filed in accordance with the above. Upon the timely filing of a petition tbis order will
not be effective until further order of the Department.
@
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PAGE 21
Notice of Permit Modification
Wiggjns Pas$ Maintenance Dredging
Modlncation No. Ot42538-004-EM
Page S of 6
This pennit modification constitutes an order of the Department. The applicant has the right to
seek judicial review of the order under Section 120.68, F.S., by the filing ofa notice of appeal
under Rule 9.110 of the Florida Rules of Appellate Procedu{e with {he Clerk of the Department
in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable
filing fees with the appropriate district court of appeal. The notice of appeal must be filed within
30 days from the date when the final order is filed with the Clerk of the Department.
When there has been no publication of notice of agency action or notice of proposed agency
action as prescribed in Rule 62-110.106, F.A.C., a person may request a copy of the agency
action. The Department shall upon receipt of such a request, if agency action has occurred,
promptly provide the person with notice. The Department does not require notice of this agency
action to be published. However, the applicant may elect to publish notice as prescribed in Rule
62-110.106, F .A.C., which constitutes notice to the public and establishes a time period for
submittal of any petition.
If you have any questions regarding this maner, please contact Lainie Edwards at the letterhead
address Or by telephone at (850) 487-4471, exU42.
Sincerely,
,,'.' " r'/f/'{" ./
. . .~. ..........- ~/.~ ,//'1
~ .'I' ,.1, .~ .. '- ,." .'~ "'-~.
~"-;?. ('.......... r'> .,-. L '-, ~.'~
/ '1C;~c ,r ~ " .." //)
Martin K. Seeling l,....
Environmental Administrator
Bureau of Beaches and Coastal Systems
cc: Michael Nov.ricki, U. S. Army Corps of Engineers, Jacksonville, (USACOE File No.
198701080 (lP-MN))
Robbin Trindell, FWC; Imperiled Species Management Division
FWC - Division of Law Enforcement
David Burr, Southwest Florida Regional Planning Council
Lucy Blair, DEP, South District
Maura Kraus, Collier County, Natural Resources Department
Eric Hawk, NMFS
Gary McAlpin, Collier County Tourism Development
Barbara Burgeson, Collier County, Planning Services Department
Mark Latch, DEP, Division ofRec:reation and Parks
@
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PAGE 22
Notice of Permit Modification
Wiggins P.ss M~dntt".Dc:e Dredging
Modification No.0142538.004-EM
Page 6 0'6
Robert Steiger, DEP, Delnor-Wiggins SRA
OEP-DRP, District 4 Office, Oscar Scherer State Park
Jennie Cowart, (Field Eng.). DEP, BBCS
Marla Ramsey, Collier County Public Services Division
BBCS Pennit Infonnation Center
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clefk, receipt of which is hereby acknowledged.
,(:1J!.& Id~1A!A/
Deputy Clerk
~~~k-
Date
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PAGE 25
Wiggins Pass Sub April 19, 2010
VIII.1 New Business
3015
Wiggin5 Pass Policy and Planning Guidelines
Discussion Points
Current FDEP State Strategic Management Plan for Winins Pass
Strategy: Place beach quality maintenance dredged material on adjacent be;aches north and south of
Wiggins Pass within areas of greatest need; monitoring and analysis of inlet effects.
One of the Pertinent State Rules:
Pursuant to 62B-41.005(15), 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 excess of an be shown to be a
result of natural processes and not caused by human activities. In all cases, mitigation shaH 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 (FDEP RAI
#1 March 24, 2010).
The actual full enforcement this rule is scarce or not well documented, but could be expensive to
implement.
New 2010 Start Point for Discussion on new plan
New General Policy
1. Bypass sand sO that the average annual volumetric erosion rate of the sand is equal north and
south of the inlet since a base year of 2001.
2, Implement any mitigation or contingency during major dredging events,
Major Findings
1. Flood channel migration eroding Barefoot Beach
2. Sand bypassing to the north was insufficient
3. Alongshore Transport is northward
4. Inlet is filling significantly from the south in addition north
5. Rock substrate on both side of channel
6. Impact to Delnor Wiggins Park has been general positive since dredging began
Initiollnler Management Plan recommendation -Feb 2010
1. Straight alignment through the flood and ebb shoals.
2. Minor cuts to subsurface rock ledge - no impact on positional stability
3. Maintain navigation for 3 foot draft vessel & extend dredging interval (no structures)
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Wiggin!; Pass Sub April 19, 2010
VIll.1 New Buslne$9
4 of 5
4. Mitigate for inlet impacts by bypassing 2.65 times to North
5. Establish monitoring program and adjust disposal practices in 4 above accordingly
6. Repair beach scarps and the south pOint of Barefoot Beach Park.
7. Use sand dredged from the flood shoal to create new flood shoal flats
8. Allow moderate design channel migration (ebb channel ..&- SO" and flood SO feet to north) to
reduce dredging.
9. USe intermediate (small) dredging to reestablish navigation thru the bar
10. Summer maintenance dredging to reduce cost and complexity, with off$hore placement.
1995 Inlet Management Plan Recommendation 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 ofthe
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.
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 20ne 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,
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Attachment No.5
Project Description
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Attachment No.5
Project Description
The project goal is to renew the State and Federal maintenance dredging permits for
another 10 years, improve inlet navigation conditions, and reduce erosion on adjacent
beaches at Wiggins Pass, Collier County) FL (Figure A). This will be accomplished by
straightening the inlet channel layout as shown in Figure A and infilling and blocking the
northern flood meanders. The east, north, and south channel entrances will be improved
as needed. The designated dredge disposal locations and quantities will be modified and
relocated to increase management flexibility, reduce sediment loss to the system and
impacts to Barefoot Beach shoreline. A dynamic design will be incorporated into the
maintenance plan for the inlet so that long-term dredging can be reduced. Impacts to
natural resources will be avoided or minimized. Insufficient sand bypassing to the north
and the natural migration of the flood channel to the north are the two primary practice
problems. The solution addresses the importance of both of these natural and man made
forces underappreciated in previous studies.
, ,
. ' ,
-....._. c;~;""i:" ,'.'
. ""~'. ~~~,~ . .;. ~ .
~~....~~~..~ ~";;'~~--":""'.4~;;
Figure A. Components of the proposed plan overlaying on aerial photograph of Wiggins Pass.
The channel alignment in Figure A shows the location of a straight channel in relation to
local features,
The previous modeling studies indicate that improved navigation conditions and
mitigation of erosion on adjacent beaches can be achieved by redesigning the navigation
channel and modifying the placement location and quantity of the dredged material. A
straight navigation channel with smaller dimensions than the current dredge template that
extends directly across the flood shoal is the optimal unstnJctu:r:ed channel configuration
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PAGE 29
(Figure A). It also relieves the erosional stresses caused by the northward migration of
the flood channel. This new channel location will be trained by temporary sand dikes
blocking the existing channel meander and swash (marginal) channels that wrap around
the end of Barefoot Beach. The eastern sand dikes will be leveled at the end of
construction and the western sand dike will be incorporated into the Barefoot Beach
south point restoration. This configuration will improve channel hydraulics by directing
the flows to a single channel entrance and reducing sand lost from Barefoot Beach to the
swash (marginal) channel. Also, placement of a portion of fill closer to the tip of Barefoot
Beach, between R"14 and R.15.5, is proposed as a means of immediate mitigating
erosion problems at this location. Previous disposal practices balanced disposal north and
south of the inlet. The results of mOdeling and long tenn monitoring shows that
approximately 2.6 times as much sand should be disposed north of the pass. Past
disposal practices placed dredged material where it creates a sediment deficit within a 'l'.
mile north of the inlefs vicinity.
The straightening of the channel will be accompanied by intill of the old channel
meander with the dredged sand. This will lead to a location swap between the flood
shoal and channel for no net change in morphology. The inlet has been migrating north
since the ] 97015, with the flood chaIUlel meander moving about 100 feet. The channel
has eroded the shoreline along Barefoot Beach, creating a steep slope under the
vegetation and mangroves. The mangroves have receded 50 feet since the ] 970's. The
back filling of the channel will create a milder slope adjacent to the mangroves, tnore
suitable for snook habitat. It will stop further loss to the mangroves.
This northward movement has been caused by growth of the flood shoal from sand
pushed north and then east along Delnor Wiggins Park shoreline. There is evidence of
increased vegetation coverage along the Delnor Wiggins Park inlet shoreline. This sand
wave not only increases the flood shoal size, but fills in the entrance of the tributary
channels, which will need periodic dredging.
It is expected that the northward channel trend will not cease OnCe the chaIUlel is moved.
A slow northward migration is manageable and desirable for avoiding impacts to the
shoreline along DeIno! Wiggins State Park.
The total initial cut volume estimate is 80,000 cy (61,300 eM) and it will provide a
prolonged maintenance intenral. The channel dimensions are shown in Table 1. There is
a need to increase the new flood channel dimensions from that needed for navigation
alone to a larger cross-section needed for a stable cross-section. The interior dimensions
should be at least 1350 SF to the NA VD datum, which is the minimum existing natural
cross-section. The depths and widths in Table I are based on navigation, modeling and
equilibrium goals. A stable cross-section should avoid south bank migration towards the
State Park, but without increasing access by larger vessels. Larger vessels will be
restricted by depth in the inlet shoal, which are based on 3 foot vessel navigation
requirements.
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The updated channel design consists of a channel width of 240 feet at Sta. 12+00 to
10+00 in the ebb shoal. From Sta. ]0+00 the channel reduces to 160 feet wide at Sta. C6.
The chaIUlel continues to narrow from Sta. C6 to 120 feet wide at CIO. The 120 foot
width is maintained from ClO to CIS. From C15, the channel tapers to 100 feet in both
the east, north, and south channels at C26, C35, and C33 respectively.
Station Location Bottom Depth (ft) Overdredge
Width (ft) NAVD NGVD Depth (ft)
12+00 Ebb Shoal 240 -]2.0 -10.7 1.0
0+00 Ebb Shoal 160 -12,0 -10.7 1.0
C6 Throat 160 -7,7 -6.4 1.0
CtO Flood Shoal 120 -7.7 -6.4 1.0
CIS Flood Shoal 120 -7.7 -6.4 1.0
C26 East Channel 100 -7.0 -5.7 1.0
C33 South Channel 100 -7.0 -5.7 1.0
Table 1
Wiggins Pass Channel Dimensions
The fill placed On or adjacent to Barefoot Beach and Delnor Wiggins will come from the
ebb shoal chaIUlel, while the interior dredge material will be used to infill the north flood
cha1Ulel and build dikes. The dikes will be built using the coarse sand from tbe top layer
ofthe flood shoal to the extent practical. The dikes will be built in the shallowest portion
of the flood shoal channel. Any unsuitable material will be disposed of in the bottom of
the channel meander. Both nearshore and beach disposal are proposed as part of the plan
for Barefoot Beach, but only nearshore disposal is proposed adjacent to Delnor Wiggins
State Park based on previous State Park preferences, which are under review at this time.
Beach disposal will incOJporate a turtle friendly benn, sloping from +4.7 to 3.7 ft NA VD.
Based on modeling, beach placement closer to the inlet will have the greatest impact
toward restoring Barefoot Beach, while nearshore disposal has a more defuse and long
term benefit. Nearshore disposal will be placed below Mean Low Water.
The Barefoot Beach disposal area runs from R 11.2 to R 15 .5, over 4,000 ft. This provides
room to move the center of the 3,000 ft disposal area to where it will do the most good,
based on continued monitoring.
The south tip of Barefoot Beach will be partially restored using sand from botb shoals
directly placed on the beach and incorporated from the western temporary dike. The level
of restoration will be determined during final design and be based on the availability of
sand dredged from this project, but as a minimum will be sufficiently robust to block the
marginal flood channel. Scarp repair will be a priority. The south tip will also benefit
from sand placed in the new Barefoot Beach disposal areas. Sand dredged for
maintenance dredging (initial and future) wj]] be considered for continuing the Barefoot
Beach restoration subject to restrictions from the growth management and land
development codes. Future dredge disposal will be favored towards Barefoot Beach
instead of south until it can make up some of the past deficit in bypassing, The exact
means of determining a disposal ratio north and south of the inlet will be addressed in the
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collaborative process to update the inlet management plan taking place simultaneously
with this permit application.
This restoration will provide sand that tidal current will distribute north along Barefoot
Beach, mitigating the historic erosion problem in this area.
To decrease long term dredging and accommodate moderate natural channel fluctuations,
dynamic channel limits are proposed. North and south channel migration limits are
established so that the dredge template can accommodate natural and moderate channel
trends. These limits will be up to +50 feet in the ebb shoal, 50 feet north in the flood
shoal, and no change at tributary channels. This will promote minimization of dredging
where sufficient cross-sectional area already existing at an acceptable channel
reorientation. It wHl incorporate the inlets natural tendencies where practical.
This plan will achieve improved navigation conditions and beach perfonnance at the
south, end of Barefoot Beach, and avoid significant impacts to the shoreline of Delnor
Wiggins State Park, except for the recent sand wave propagating along the park into the
flood shoal. It will also reduce long term impacts based on average annual dredge
quantities and avoid direct impact to known mangroves Or seagrasses.
Periodic dredging will occur under two conditions, (full and intermediate), one based on
the existing criteria. The second will address situations when the bypass bar is hindering
navigation, and a quick fix is needed. The quick fix will be to open a channel through the
bar suitable for a 3 foot boat under fair Gulf conditions. This would be a minimum of a
] 00 ft x 10ft (NA VD) deep channel and require the movement of up to 6,000 cy by
mechanical or hydraulic meanS. This type of operation can forstall large maintenance
dredging while re-establishing safer navigation through the bar which is often the
controlling navigation depth. 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. An alternate disposal site would be the nearshore
area of the Barefoot Beach disposal area. This will be called intermediate maintenance
dredging.
The channel will be fully dredged once every 4 years or when storms infill the channel
sufficient to impede navigation. Full maintenance dredging will be approximately 55,000
cy (42,000 eM). Maintenance dredging will be decreased by allowing moderate
migration of the design channel as described above and the use of intermediate
maintenance dredging.
Initial constructioo will be implemented outside sea. turtle nesting season. Full periodic
and itl.tennediate maintenance dredging will be target for th~ low wave season during the
late spring to early summer (during sea, turtle n,esting season), but with no on beach
disposal or construction activity. Construction requiring beach placement of sand will
take place outside sea turtle nesting season. The cost and difficulty of winter dredging
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with equipment sized to the pass necessitates dredging in the best weather conditions
allowable. There is a history of winter dredging problems in southwest Florida.
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Attachment No. 23c
Construction Description
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Attachment No. 23c
Construction Description
The initial construction will be a sequenced in three (3) phases to achieve a shift in
alignment while filling in the old channel. This will be achieved by dredging a pilot
channel through the flood shoal and depositing the material in a temporary stock pile,
most likely on the flood shoal between the new and old flood channel locations but
require use of a barge or sheet piles, which will be determined by the contractor. The
initial dredging will be from the coarsest layer in the flood shoal. Once a significant pilot
channel is completed, the stockpiled sand will be moved into the existing flood channel
fonning a dike. A dike will be constructed at two locations in the shallowest crossings in
the old flood channel. The dike will be built higher than the high water level initially, to
prevent overtopping and the early degradation of the dikes, Once the dike is fonned, the
remaining interior channel will be dredged, the material used to fill up the old channel
betweeo the dikes, Some subaqueous grading will be required at the end of dredging to
level the dikes and rough grade the new flood shoal. The new flood shoal elevation will
be -2 feet NA VD, to mimic the existing shoal. It is expected that the dredged sand will
occupy a larger volume when placed in the flood shoal channel, but is expected to settle
with time, which can be addressed with future dredge material.
If initial dredging provides insufficient material to fill the new flood shoal, then emphasis
will be given to filling to the north and at the dike location.
The ebb shoal dredge and fill operations will be similar to current practices. Some rubble
or rocks may be dredged from the ebb shoal, but from between the two shallower rock or
rubble layers. The rock and rubble substrate that exists on either side of the proposed
channel will remain untouched. This will increase the channel stability by fixing the
channel between the rock substrates, which occurs to some extent now. Turbidity will be
addressed similar to existing requirements.
Any unsuitable material will be disposed in the old flood meander, before being capped
by sand. This may include rock, rubble and organic soil. Only beach compatible sand
will be placed for beach disposal) and sand meeting navigation project criteria will be
disposed of nearshore as described in a QA/QC plan.
Intenned.iate (supplemental) dredging is proposed for those times when the bypassing bar
needs to be dredged for navigation, but full dredging in not warranted. This will be done
using a small hydraulic dredge or mechanical dredge such as a backhoe or clam shell
barge mounted dredge. Dredged material will be side cast within 1,000 feet north of the
channel or 500 feet south of the channel in areas without nearshore rock. This will
lengthen the major dredging interval, without large dredge volumes.
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Equipment
A backhoe dredge, clam shell dredge, or a cutterhead dredge greater than 14" will be
used for major dredging of tbe pass_ A booster pump and a spill barge will be utilized to
manage dredged material until disposal or placement. A flexible PCP pipeline will be
used within the work area designated on the pennit sketches and all will remain seaward
of the MHW, except during beach disposal.
Construction Schedule
Dredging of Wiggins Pass waS scheduled and bid with Doctors Pass in 2009. It would be
advantageous to dredge the two passes simultaneously. The schedule for Wiggins Pass
for initial construction will be:
October 1~30, 2010
Mobilization
November l-15, 2010
Dredge pilot channel and stockpile sand on flood
shoal.
November 16-30,2010
Build temporary dikes, complete dredging flood
channel and inlet throat and back fill old channel.
December 1-20,2010
Dredge ebb channel and disposed sand on beach
or nearshore of Barefoot Beach. Restore south
point of Barefoot Beach.
December 20, 20] 0
Demobilization
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Turtle Season AwRte...tI MASOMted Oft.dMtffCIM 1JtWOOSc
15 117
12
9
I
Source for below tables: COLLIER COUNTY SEA TURTLE PROTECTION
PLAN ANNUAL REPORT - 2005
Table 2.3.1.1. Emergences. 2005,
Barefoot Oeluor Vanderbilt Pm: Naples Marco T olal
Wiggins Shore
Total Nests 72 15 61 40 31 39 259
Total False Crawls 67 46 91 58 55 75 392
Total Emergences 139 61 152 98 86 114 650
Nest I Emergence :'17.1 24.5 40.1 40.8 36 34,2 39.7
(%)
Beach Length (mi.) 3.1 1.2 3.5 3.2 5.6 7.1 23,7
Emergellces / m..i. 44.8 50.8 43.4 30.6 15.2 15.9 27.4
Nests Illli. 23.2 12.5 17.4 12.5 5.5 5.5 10.9
False: Crawls I TIli. 21.6 38,3 26 18.1 9.8 10.6 16,5
PAGE 36
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Table 6.1. SunmulIY of All Monitored Beacbes, 2005.
Delnor Pad<: Marco
Barefoot Wiggins Vanderbill Shore Naples Island Total
Pass
:Boeach Length 3.1 1.2 3.5 3.2 5,6 7.1 23.7
(miles)
Nests 72 15 61 40 31 39 258
Nests / Mile 23 12 17 12 5 .5 12
False Crawh 67 46 91 58 55 75 392
False Crawls' Mile 21 38 26 18 9 10 20
Mean Clutch Depth 20 20 19 19 19 18 19
(in)
Nests Depredated 4 0 1 1 0 2 8
Nests InundAted 30 3 44 20 1.5 17 129
Nest Washed Out .5 1 5 10 3 1 25
Mean Incubation 55 59 60 63 61 59 59
(da"s)
Disoriented Nests 0 0 0 1 1 3 5
Mean Hetching 62 76 63 60 69 66 64
Suce~ss
Mean Emerge-nee 59 64 60 ~9 67 62 60
Success
Eggs Deposited 7,100 868 .5,228 3,183 2,978 3,970 23,372
Hatchlu18s 4,200 ;56 3,Il6 1,865 1,982 2,247 14,191
Emenred
table 2.~,2.1, Histo)i~~l Trends of Sea Tur1Je Nests .no 1'.15<: Crawl!. (FCa). 1990-200~,
Bet1cb Unit ]\l9O 199] 199: I 1993 1994 J99~ 1996 1997 1998 )999 2000 2001 .2002 2003 2004 2(l(\~
Ba;"et'oot 'Nesls " 62 71 164 102 10~ J06 117 108 104 96 104 62 88 84 72
B're{l)(l! Fes . 62 129 i 75 98 141$ i4 93 90 89 8~ 84 28 66 7:\ 61
DelPor NeSI~ . . " i . . . 29 22 29 3' 17 23 l~ 21 \] IS
Deloor fel . . . I . . I" 37 22 24 33 32 25 22 49 38 46
i
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3.04.02. Specll!& Spl!clfic Rl!qulrl!ml!nlB
B.
Sea Turtle Protection.
1.
The purpose of this section is to protect the threatened and endangered sea turtles that
nest along the beach.. of the County. by safeguarding sea turtle hatchlings from
sources of artificial light, and adult and hatchling sea turtles from injury or harassment.
The County shall adhere to state and federal guidelines for the protection of sea turtles,
2.
The requirements of this section 'apply when development or lighting associated with
development is located within three hundred (300) feet of mean high water; when
parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective
surfaces that will be illuminated by outdoor lighting will be visible from the beach.
a.
Outdoor lighting shall be held to the minimum necessary for security and safety.
Floodlights and landscape or acc.nt lighting shall be prohibited.
b.
All lighting, including wall-mounted fixtures, pole lighting, lights on balconies. and
any other type of lighting not specifically referenced by this section, shall be of
low intensity, and shall be fitted with hoods or positioned so that the light
sources. or any reflective surfaces illuminated by such sources, shall not be
visible from the beach.
c,
Low profile luminaries shall be used in parking lots, and such lighting shall be
fitted with hoods or positioned so that the light sources, or any reflective surfaces
illuminated by such sources, shall not be visible from the beach.
d,
Dune crosswalks shall utilize low profile shielded luminaries directed and
positioned so that light sources, or any reflective surfaces illuminated by such
sources shall not be visible from the bellch. dune crossover lighting shall be
limited to the area landward of the primary dune.
e.
If high intensity lighting is necessary, low pressure sodium vapor luminaries shall
be used and fitted with a hood or positioned 90 that the light sources, or any
reflective surfaces illuminated by such sources, shall not be visible from the
beach.
1.
Plates of tinted glass are required for windows that are visible from the beach.
The tinted glass shall be any window or gla~ing that has an industry-approved
light transmittance value of forty-five (45) percent or less. Such transmittance
shall be limited to the visible spectrum (400 to 700 nanometers), and shall be
measured as the percentage of light that is transmitted through the glass, inside
to outside.
g.
Temporary security lights at construction sites shall not be mounted mOre than
fjfteen (15) feet above the ground. Light sources, or any reflective surfaces
illuminated by such sources, shall not be visible from the beach,
3.
For existing development, existing structures with any light sources, or refleclive
surfaces illuminated by such sources, that are visible from the beach, shall be in
c:cmpliance with the following;
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a.
All lights shall be turned off after 9:00 p.m. between May 1 and October 31 of
each year, or fitted with a hood or positioned $0 that the light sources, or any
reflective surfaces illuminated by such sources, shall not be visible from the
beach.
b.
Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between
May 1 and October 31 of each year, and must be modified to conform to the
requirements for new development in accordance with section 3.04.03(8) of this
section.
c,
Security and emergency exit lighting shall follow the same requirements stated in
section 3.04.03(C}(1) of this section. If high intensity lighting is necessary, low
pressure sodium vapor luminaries shall be used and fitted with a hood, or
positioned so that the light sources, or any reflective surfaces Illuminated by such
sources, shall not be visible from the beach.
d.
At least one (1) of the following measures shall be taken, where applicable, to
reduce or eliminate the negative effects of interior light emanating from doors or
Windows within the line of sight of the beach, where lights currently illuminate the
beach:
;,
In windows facing the Gulf of Mexico, and all inlet shorelines of these
beaches, tinted window treatments are required for windows that are
visible from the beach so that indoor lights do not illuminate the beach,
The tinted glass shall be any window or glazing that has an industry-
approved light transmittance value of forty-five (45) percent or less. Such
transmittance stlall be limited to the visible spectrum (400 to 700
nanometers), and shall be measured as the percentage of light that is
transmitted through the glass. inside 10 outside.
Ii.
R.earrange lamps and other movable fixtures away from windows.
iii.
Use window treatments, including, but not limited to, blinds and curtains,
to stlield interior lights from the beach,
iv.
Turn off unnecessary lights.
4.
All pUblicly owned lighting with light Sources that are visible from the beach, or that
illuminate reflective surfaces that are visible from the beach, shall be turned off after
9:00 p.m. between May 1 and October 31 of each year, or shall be fitted with a hood. or
positioned so that the light sources, or any reflective surfaces illuminated by such
sources, are not visible from the beach.
B.
It shall be unlawful, during the nesting season, to construct any structure, add any fill,
mechanically clean any beach, or grade any dirt within 100 feet of the nesting Zone of a
beach where sea turtles nest Or may nest, without obtaining a construction in sea turtle
nesting area permit from the County Manager or designee.
a.
If sea turtle nesting occurs within 100 yards of the construction, measured
parallel to the shoreline during permitted construction activities, the nest area
shall be flagged by the permittee and the County Manager or designee informed
prior to 9:00 a,m. of that morning.
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b,
Depending on nest location, in relation to intensive construction activities, the
County Manager or designee may require that the nest(s) be relocated by the
applieanl
c.
Construction activities shall not interfere with sea turtle neatlng, shall preserve or
replace any native vegetation on the sIte, must maintain the natural existing
beach profile. and minimize interference with the nstural belch dynamics and
function.
d.
Construction or repair of any structure, including, but not limited to, dune
wlillkovers, seawalls, or oth$r revetments, sandbags, groins, or jetties, shall not
be pennitted during sea turtle nesting Season on any County beaches, except if
pennitted structures are damaged by a named stann or other dEl(:larecl natural
disaster and the following conditions are met:
1.
Minor repair work (boards need to be nailed back to the existing intact
structure, or a few boards need to be replaced) that can be performed
completely from atop the structure Is authorized after obtaining the
necessary approval of the FOE? and notifying Collier County
Environmental Services of that work.
2.
Prior to any major repair work (greater than that described in 1 above) or
reconstruction of any part of the structure. the following information shall
be provided to so that staff can determine If the major repair or
reconstruction can occur prior to the end of sea turtle nesting season:
a.
The appropriate permit from FDEP.
b.
The location of all known sea turtle nests. Community Development
and Environmental Sel'llices (CDES) staff will prOVide assistance in
locating nests, Construction activities shall not occur within 10 feet
of these boundaries for viable nests.
c.
A survey by a qualified consultant locating any gopher tortoise
burrows on site within 50 feet of the structure. Relocation of gopher
tortoises will be required when the burrows are in harms way of the
construction activity.
d.
Photographs of the site as It existed after the storm to document
the conditions of the property.
e.
An aerial of the property Showing the CCSL line.
1.
A copy of a CCSL variance or CCSL permit if required and building
permit approving the original construction of the structure.
3.
Sea tur1le nest locations will be reestablished using their previously
recorded GPS locations and accuracy data to identify a 95% confidence
boundary. Construction activities Shall not occur within 10 feet of these
boundaries for viable nests. Nests will be considered viable for 80 days
from the time the nest was recorded unless it can be proven that a
..rt~"~, nos< 0.. been damo,ed 0, '0. _m and thO... ~ no cha= of@
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any hatchlings,
4.
Minor structures, as defined by Florida Statutes Sub$ection 161,055, of
the Coastal Zone Protection Act of 1985, shall be approved provided that
they also comply with:
a.
Federsl requirements for elevations above the 100-year flood level,
b.
Collier County Building Code requirements for flood proofing,
c.
Current building and life safety codes,
d.
Collier County and State of Florida Department of Environmental
Protection CCSUCCCL regulations,
e.
Applicable disability access regulations of the American Disability
Act (ADA), and
f.
Any required Collier County zoning and other development
regulations with the exception of existing density or intensity
requirements established, unless compliance with such zoning Or
other development regulations would preclude reconstruction
otherwise intBnded by the Build back Policy as determined by the
Emergency Review Board established herein.
6,
The following shall be obligations for all property owners who have had sand washed
ashore (as a result of a storm) and deposited on the dune and seaward of the CC$L, As
supported by (;iMP Conservation and Coastal Management Element Objective 10.4 and
Policy 10.4.8, construction seaward of the CCSL shall not interfere with sea turtle
nesting, will minimi~e interference with natural beach dynamics, and where appropriate
will restore the historical dunes and will vegetate with native vegetation and help in the
restoration of natural functions of coastal barriers and beaches and dunes.
The property owner may be prohibited from removing the deposited sand wtlen it is
determined that the wash Over was a part of the natural rebuilding of the beach and
dune system. Only native salt tolerant beach or dune vegetafion may be planted on the
deposited sand, after obtaining ill Collier County CCSl permit.
This shall not apply to sand washed over onto yards that have received the appropriate
Collier County approvals for landscaping seaward of the CCSL (such as single family
homes along Vanderbilt Beach).
7.
It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any
species of sea turtle in Collier County or within its jurisdictional waters. It shall be
unlawful to collect or possess any part of a sea turtle.
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HEGGIES
Over the past several decades, Heggies has developed particular expertise in the assessment of the effects of vibration and noise
from blasting. transportation and machinery - including regenerated noise aCid vibration from trains in tunnels. We have delleloped
an enviable reputation as the consultant of choice in these areas.
In recent yea~, increased focus of the impact of large infrastructure projects on the natural environment has led to the need for
the assessment of the effects noise and vibration on mammals and other fauna. Heggies has been engaged in relation to several
sigl1ature projects where the protection of bats, birds, whales, salmon, sea turtles and other sea life has been a high priority.
Investigations of acoustic and lIibration effects have been also been carried out in regard to dairy cattle, thoroughbred racehor'Ses,
laying chickens, aquarium fiSh and domestic pets.
. Bats
Echo-locating bats are auditory specialists: their hearing range spans several octaves, In the ultrasonic range, bat audiograms typically
show highest sensitivity in the spectral region of their species-specific echolocation calls. Sats also show well developed hearing in
the human-audible range. This has been attributed to the need to detect sounds produced by prey. By understanding these physical
characteristics. Heggies is able to evaluate and assess noise effects that may disturb bats in their natural environment A monitoring
program can be developed to control noise and vibration emissions below lellels of adverse affectation. Heggies has carried out
viblOltion and regenerated noise measurements inside bat calles during nearby blasting programmes at hard rock quarries. These
measurements were used to assess the effects of the vibratior, on the structural integrity of historical cave formatiOns as well as to
quantify the effects of the blast emissions on bat colonies resident in the cave systems,
. Marine Life
The effects of mdf1-rnade noise on marine animals can cause short-term behavioural reactions, temporary local displacements
of certain marine types or even long term df1d fatal response. These are mainly due to reactions to shipS, a;~craft. dredging ar,d
construction, off-shore drilling, seismic sensil"1g, sonar and blasting. A scale of effects from undervvater noise on marine life ;s
presented below. The following three effect groups are of major significance:
Lethal effects: life threatening physical injuries, including death and severe physical injury. Such extreme effects are usually only
associated underwater blasting or explosive detonation.
Sub-lethal effects: nor,-life threatening physical injuries. and in particular auditory damage, which are related to the peak
pressures of the blast event.
Behavioural effects; include perceptual, stress and indirect effects of which the most common is avoidance of al1 area
@
.
Sea Turtles
Several studies have identified ability of sea turtles to perceive
low-fl"equency sounds, Turtl~s' hedring range coincides with the
predominant freql,lencies of anthropogenic noise, increasing the
likelihood that sea turtles might experience negative effects from
man,made noise emissiOns,
At present, little is known about the extent of noise exposure
from anthropogenic SOl,lrces in their natur-al habitats, Or the
potential impdcts of increased anthropogenic noise exposure on
sea turtle biology. Nevertheless, seveta.! studies have shown that
sea turtles in experimental tanks respond to signals at pressures
well below I IOd8 and that some of the responses indicate at
least short.term disturbance.
PAGE 43
4
~.--
.~
HEGGIES
Whales
Several studies have documented the effects of under
water noise produced by dredging operations on cetaceans. For
example. grey whales avoided the laguna Guetn;l Neggro, Bdja,
California, for several yedrs after dredging operations started in
the area (Bryant et al 1984). Recent international research work
includes work published by the Whale and Dolphin Conservation
Society (example Oceans of Noise, woes, 2003).
Australian reSearch includes work done by the Humpback
Whale Acoustic R.esearch Collaboration (HARC) which
has been studying the effects of noise on humpback whales
migrating along the Queensland coast,
At the very least, underwater noise /TiLlst be accounted for when deviSing appropriate management strategies for the protection
of marine life, At best, IUtl,lre marine conservation plans should include careful acoustic monitoring to minimise risk of harm or
disturbance to marine ecology.
If About Heggies
Heggies is a progressive firm of environmental engineers and scientists providing innovative solutions fOr improving and sustaining
our envimnment, We manage risk and assist clients to realise opportunity. The company has been operating since 1978. Wrth
over 140 staff: Heggies is One of Australia's lar~st specialist consu~ancies working in all states of Australia. New Zealand, Papua
New Guinea. South East Asia and the Middle East.
Field staff are professionally qualified and the company is NATA-Accredited to 150 17025, air volume measurement, asbestos ~bre
counting and asbestos identification,
AcoustiC$. Noise & Vib",tio!1
Air Quality - Ambient & IndOOr
Water Quality - Surface & Ground Water
land Quality - Contamination and E~o'ogy
Hazardous Materials. Asbestos, PC8s. lead. Chemicals & Exp10sivity .
Occupatiorlal Health & Safety (OH5)
Finite Element Al1alysi$ & Solid Modelling
Mechanical and Structural Dynamic Analysis
CFD - Computational Fluid Dyl1amics
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PAGE 44
Page 1 of 1
,..
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nicole ryan
From: Laura Combs Paura_combs@beIJsouth.netJ
Sent: Wednesday, April 28, 2010 4:08 PM
To: 'Seckinger, Eric'
Cc: nicole ryan
Subject: RE: Wiggins Pass info
Thank you!
Have you submitted comments yet?
Thanks.
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From: Seckinger, Eric [mailto:Eric,Seckinger@MYFWC.com]
Sent: Wednesday, April 28, 20103:55 PM
TO: Laura Combs
SUbject: RE: Wiggins Pass Info
This project is currently under review with DEP. You can find the link here
http:/ tbcs.deQ.state.fl. us/env~pnnt/colIi er/pending/O 14253 8 Wiggins _ Pas~
We always recommend that the work be done outside sea turtle nesting season, but it's not always done.
If you have comments or questions regarding this project, please let me know. Thanks.
Eric
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From: Laura Combs [mailto;Jaur~_combs@bellsouth.netJ
Sent: Wednesday, April 28, 2010 2;31 PM
To: Seckinger, Eric
SUbject: FIN; Wiggins Pass info
Check the reference on the last page. Are there concerns about summer dredging in the pass?
Thanks!
5/11/2010