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CAC Agenda 06/10/2010 R Collier County: June 10,2010 June 10, 2010 MEETING AGENDA & NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAe) THURSDAY, JUNE 10, 2010 - 1:00 P.M. TURNER BUILDING (Administrative Building F, 3rd Floor Collier County Government Center, 3301 E. Tamiami Trail, Naples) SlIJ:I$hine ..Law -.2.n..A9t:JJ<1i.. Q..uestion$ PUBLlC_N.ontE t. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAe Minutes 1. Ap.rH 8, 21110 vn. Staff Reports 1. E_~~JJded.Rey:e.n.u..e...Repgrt~_~ McA.J..Rln 2. ProiettCo-.StBep.ort. - GBry-M,AJpln 3. t:_merge.ngb"c;h_~enQJ.!.rJl:hrneo~_~-RIlf_QI(;h 4. O!!J;J>ill- JJPdl!te 5. Qytf~JI PiPM__c_URditte VIII. New Business 1. E~J;:tiQn Qf_Chair_~_nc:l V-.lce ChjlJr 2. S\lmmer.Sd1ed.l.de 3. M.iI.J!;oSQ!.I.thJlen2UJilbme.ntl~lim 4. YearJ..yPhY.~lljJ.ildLM2nitOI.ID-9-~jtc;;t 5. W.imJi.", Pi_ssf'f_l.-1__Dred9~En9in.uring 6. Ch_i.nge Otderl'Hl.. J. PB.SJY_foxClilmPjllliB.~Y 7. Ch.o"nge QrM:rNo,l CPR.lQ.WiggLIl~III;;"gil1e.erlng IX. Old Business 1. final \'.er.l.i2r1Pr.QRQ.utN.P.P.S.O_P.eerReyi,ew 2. Clam_.B.~Y InfQtmni2ni!I,"'~Permit_ X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location TBD - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All Interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more informatIOn, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the http://www.colliergov.net/i ndex. aspx?page=2 9 5 3 Page I of2 6/25/20 I 0 Collier County: June 10, 2010 Page 2 01'2 Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Fl 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.netlindex.aspx?page=295 3 6/25/20 I 0 OFFICE OF THE COUNTY ATTORNEY MEMORANDUM DATE: Anthony P. Pires, Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee Colleen M. Greene, Assistant County Attorne~0 March 18,2010 TO: FROM: RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary, the answer is no. The Sunshine Law Manual (2009 Ed. Vol. 3 I) provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting; if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014,1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February I, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17,2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: (239) 252-8848 www.collicr!!ov.nct www.twittcr.com/Collier!.1 0 www.facebllok.com/CollierGllv www.vontnbe.com/CollierGov May 13,2010 FOR IMMEDIATE RELEASE NOTICE OF !'UBLIC MEETING COASTAL ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDA Y, JUNE 10,2010 Notice is hereby given that the Collier County Government Coastal Advisory Committee will hold a public meeting on Thursday, June 10 at 1 p.m. at the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples. * The following websites will provide information on this subcommittee: htto:!!www.collierllov.lletllndex.llsox?oulle=18 httll:/ /www.collier!!ov.net/lndex.aSIlX'!llal!e=1263 Two or more members of the Pelican Bay Services Division Board may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Pelican Bay Services Division Board meeting. Two or more members of the Tourist Development Council may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Tourist Development Council meeting. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright (239) 252-2966. -End- CAC June 10, 2010 VI-1 Approval of CAC Minutes 1 of 10 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 8,2010 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at I :00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, 1lI VICE CHAIRMAN: Anthony Pires Murray Hendel Jim Burke Victor Rios Robert Raymond Joseph A. Moreland John Areeri (Excused) (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples CAe June 10, 2010 VI-1 Approval of CAe Minutes 2 of 10 I. Call to Order Chairman Sorey called the meeting to order at I :02 PM II. Pledge of Allegiance The Pledge or Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Hendel. Carried unanimously 7-0. V. Public Comments None. VI. Approval ofCAC Minutes 1. March 11,2010 Mr. Rios moved to approve the minutes subject to the fOllowing addition: Page 2, item III -- Roll Call- Before motion, addition or the statement Chairman Sorey recommended the Agenda be modified for the Committee to hear item V/J./- "Appointment of Marco Representative to CAC before approval of the Agenda. " Second by Mr. Moreland. Carried unanimously 7-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2009- 20fO ,. updated through March 20 I o. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2009/20fO TDC Cate?,ory "A,' Beach Maintenance Projects" updated through April 1,20 I O. The Committee requested: . Starr provide an update on the Clam Bay Aids to Navigation "Letter or Consent" at the next meeting. . A monthly update on the dollar amount of contracts awarded to consultants listed in the Project Cost Report. VIll. New Business 1. Emergency Truck Haul Project - Doctors Pass and Park Shore a. Engineering StatusfPermit Gary McAlpin presented the Executive Summary "Recommendation to approve an after the fact authorization ofen?,ineeringfundl' requiredjor the emer?,ency truck haul project fiJr Doc/ors Pass and Park Shore with CP&E CAC June 10, 2010 Vt-1 Approval of CAC Minutes 3 of 10 jor time and material not to exceed $41.075 and any necessary Budget Amendments'. dated April 8, 20]0. lie noted: . The project will be funded through the 195 Fund, not directly Irom emergency funds. . The project will address eroded beach hot spots south of Doctors Pass. . The length of construction schedule cited in Phase I and III of the document (30 or 60 days) will be revised to provide consistency. . The Competitive Consultants Negotiation Act (CCNA), does not apply as the total amount of the contract is less $50,000. Mr. Hendel moved to approve the recommendation provided in the Executive Summary (approve an after the fact authorization of engineering funds required for the emergency truck haul project for Doctors Pass and Park Shore with CP&EjiJr time and material not to exceed $41,075 and any necessary Budget Amendments''). Second by Mr. Rios. Carried unanimously 7-0. b. Conceptual Constrnction Plan Gary McAlpin presented the Executive Summary "Recommendation to approve contract expenditure for up to $375,000 as per the attached conceptual plan jor emergency truck haul re-nourishment at Doctors Pass and Park Shore beaches and any necessary Budget Amendments" dated April 8,2010. lie noted the current estimate to obtain the permits for the work is 5- 6 months, which is too long given the urgency of the situation. There are 3 options to expedite the permit process: 1. Obtain an emergency dredge declaration. 2. Obtain a CCCL (Coastal Construction Control Line) permit from FDEP for the project. 3. Amend the existing permit -- would require amending the sand source, requesting truck hauling for the sand, and for the work to be completed in the summer (during turtle nesting season). Option 3 is the most feasible and Staff proposes to meet with the Florida Department of Environmental Protection before the application is submitted in attempt to answer all questions, reducing multiple Requests for Additional Information. This could reduce the permit process to approximately 60 - 90 days. The intent is to obtain bids for the work during the permit process, and begin the work immediatcly after the permit is issued. Turtle nesting should not be an issue, as there is no beach available for nesting. Mr. McAlpin also provided an overview of the construction process which will include hauling sand by truck and delivering it to the beach via conveyors. The solution is expected to last approximately 3 years at which CAC June 10, 2010 VI-l Approval of CAC Minutes 4 of 10 time there will be a major beach re-nourishment. Then a longer-term solution to the problem will be implemented. Speakers Doug Finlay noted a large volume of the sand placed during the last Countywide beach re-nourishment appears to have dissipated. He expressed concern over 10 years Beach Re-nourishment Cycle. He recommended consideration be given to reducing it to approximately 7 years. Margaret Grant, Indies West noted since the March 8, 2010 meeting the beach in the area has eroded approximately 2 more feet. She requested immediate assistance to address the problem. She provided photographs which identified the extent of the erosion. Linda Penniman, Moorings property owner, expressed concern on the length of the permit process noting addressing the erosion is an emergency. Mike Field, Gulfview Beaeh Club noted the area should be deemed an "emergency situation." Gary MeAlpin noted another option is for Collier County and the City of Naples to declare an emergency and sand be placed to the ""mean high water" line on the landward side. He expressed concern the sand will migrate to the near shore creating a permit violation. The option could be implemented quickly, but should remain a ""safety valve." Mr. Hendel expressed concern on the urgency of the situation and based on the time estimates for receiving the permits, recommended the Board of County Commissioners and Naples City Council deem the problem an .'emergency. " Gary McAlpin recommended delaying this action temporarily until Staff meets with FDEP Staff to discuss the aspects involved in amending the permit. Mr. Pires recommended the BCC declare the situation an ""emergency" at their next meeting, and adopt a resolution requesting assistance in addressing the issue from the Governor and Cabinet. In addition, on page 4 of8 ofthe proposal, under ""Permit Application and Processing" - Staff should clarify the extent of the berm construction and the work is intended to be completed during turtle nesting season. Mr. Rios moved to approve the recommendation as outlined in the Executive Summary (approve contract expenditure for up to$375,000 as per the aI/ached conceptual plan for emergency truck haul re-nourishment at Doctors Pass and Park Shore beaches and any necessary Budget Amendments). To recommend Staffal/emptto have an item placed on the CAe June 10, 2010 VI-1 Approval of CAC Minutes 5 of 10 next available Board of County Commissioner's and Naples City Council Agenda to pass a resolution declaring the situation an "emergency." The BCC also make a determination the emergency ~.ituation may require a deviation from normal Purchasing Policies. Second by Mr. Raymond. Carried unanimously 7-0. 2. Fiscal Year 10/11 Budget Discussion Gary McAlpin presented the Executive Summary Recommendation to Approve the FYlO/II-I95 Fund Budget and Analysis; Fund 195 -10 Year Fund Projections: FY 09110 Grant Applications and the FYI 0/1 1 Grant Applications" dated April 8,2010. a. Fiscal Year 10/11 Budget Analysis Gary McAlpin presented the document "FYI 0/1 1-195 Fund Budget and Analysis" dated April 8, 20 I 0 for review. It was recommended item 8 Projected Expenses, - '.Category Pier Reserves" be amended to reflect the item isjiJr the .'Naples Pier." b. Fund 195 10 Year Plan Gary McAlpin presented the document 'TDC Category "A:" 195 Fund Projections" dated April 8,2010 for review. The document provides projected expenses for the Department through 2018 including a FY2012113 major beach re-nourishment project. He noted without funding from FEMA (or other Federal or State Funds, etc.), the Department will not have enough revenue to implement its required programs. Break: 3:00pm Reconvened: 3:07pm Mr. Pires did not return c. Fiscal Year 09/10 Grant Applications with Grant Guidelines Gary McAlpin presented the Executive Summary Share TDC Category "A " Grant Applications not budgeted in FY 09/10 dated April 8, 2010. Mr. Burke moved recommend (the Board of County Commissioners) approve the FY 09/l0 Grant Applications. Second by Mr. Moreland. Carried unanimously 6-0. Mr. Pires returned at 3: I2pm d. Fiscal Year 10/11 Grant Applications with Grant Guidelines Gary McAlpin presented the Executive Summary "Share TDC Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier Countyfor FY-IO/ll" dated April 8, 2010. CAC June 10, 2010 VI-1 Approval of CAC Minutes 6 of 10 Mr. Rios moved to recommend (the Board of County Commissioners) approval of the Grant Applications. Second by Mr. Hendel. Carried unanimously 7-0. 3. Wiggins Pass Inlet Permit Application Update a. RAI Comments - FDEP Gary McAlpin provided a Memorandum from JetT Raley, Florida Department of Environmental Protection (FDEP) - Bureau of Natural and Cultural Resources to Dr. Merrie Beth Neely - FDEP - Bureau of Beaches and Coastal Systems. Subject "Collier County's JCP application, File No. 012538 Wiggins Pass" dated March 24, 2010 for review. The Memorandum will be addressed in detail at the April 19, 2010 Wiggins Pass Subcommittee meeting. b. Inlet Management Plan and Environmental Impact Study Gary McAlpin presented the Executive Summary Recommendation approval Work Order under Contract 06-3902 for additional tasks for the Wiggins Pass projectfor time and material not to exceed $125, 178 dated April 8, 2010. Mr. Moreland moved to recommend the Board of County Commi~.sioners approve Work Order under Contract IJ6-3902 for additional tasks for the Wiggins Pass project.for time and material not to exceed $125,178. Second by Mr. Burke. Motion carried 6 'yes" - 1 "no." Mr. Pires voted "no." 4. Uncompleted Work Awarded on BVO Contracts a. North Country Passes - CP&E Gary McAlpin presented the Executive Summary "Recommendation to approve Work Order under Contract 09-5262 with Coastal Planning & Engineeringfor North County Passes Survey and Engineering Report.for time and material not to exceed $79,935. This is the unfinished work under the B VO contract for Physical Monitoring and a contracting method change to satisft the Clerk '.I concerns jor the County's contracting method dated April 8,2010. He noted the policy has been prepared at the direction of the Purchasing Department. It was recommended the line 5 - 6 of the title of the Executive Summary be amended from"... contracting method change to satisft the Clerk's concerns jor the County's... "to"... contracting method change in an attempt to satisft the Clerk's concerns for the County's... Speaker Marcia Cravens, Mangrove Action Group requested clarification if the work has been noticed for competitive bidding? In the past, qualifying firms have been rotated through the CCNA process. Public records indicate the original sand bypassing project approved in AprillMay 2008 for Clam Bay was developed by the "Estuary Improvement Discussion Group." The Group CAC June 10, 2010 VI-1 Approval of CAC Minutes 7 of 10 did not operate under the Sunshine Law and, in her opinion, had no authority to make the recommendation for the work. The project has been subject to numerous change orders and questions how any work orders may proceed given the fact they were derived from this original recommendation. Chairman Sorey stated these concerns should be directed to the Board of County Commissioners. Mr, Burke moved recommend the Board of County Commissioners to approve Work Order under Contract 09-5262 with Coastal Planning & Engineering for North County Passes Survey and Engineering Report for time and material not to exceed $79,935, This is the unfinished work under the BVO contractfor Physical Monitoring and a contracting method change in an attemot to satisfy the Clerk's concerns for the County's contracting method, Second by Mr, Moreland, Motion carried 6 "yes" - I "no." Mr. Pires voted "no. " 5. Dune Restoration Grant Program Policy Proposal Gary McAlpin presented the document "The Collier County {June Restoration Program" dated April 8,20 I O. It was recommended Page 3, Section "Dune Restoration Grants Program" - line 3 be amended from".. .15,000 will be allocated for private dune restoration" to ".. .15,000 will be allocated for private dune restoration on private property for primarily public purpose and benefit" or similar language. Gary McAlpin noted he would work with the Assistant County Attorney to clarify the language. Mr. Hendel moved to recommend approval of the Dune Restoration Program. Second by Mr. Raymond. Carried unanimously 7-0. a. Grant Application from Park Shore Gary McAlpin presented the Executive Summary "Recommendation to approve the installation and planting of native vegetation in the Common Areas within Collier County by Earth Balance ji,r time and material not to exceed $R,060" dated April 8, 2010. Mr. Rios moved to recommend approval for the installation and planting of native vegetation in the Common Areas within Collier County by Earth BalancejiJr time and material not to exceed $8,060. Second by Mr. Hendel. Carried unanimously 7-0. IX. Old Business I. Clam Bay Subcommittee - Update Gary McAlpin GAG June 10, 2010 VI-1 Approval of CAC Minutes 8 of 10 a. Anthony Pires e-mails dated 3/27/10 and 3/19/10 to Steve Feldhaus Regarding Workshop b. Additional e-mails dated 4/7/10 Mr. Pires noted he had met with Steve Feldhaus to discuss the concept of a public workshop and understands his position for preferring a "private meeting." The Foundation will meet with Gary McAlpin and Leo Ochs (County Manager) to address the issues involved in Clam Bay (Clam Pass Park Expansion. bathrooms at Vanderbilt Beach. Clam Bay, etc.) Gary McAlpin requested direction on the status of holding a public meeting to discuss any issues associated with Clam Bay. Mr. Pires noted following the private meeting, a public meeting with the Pelican Bay Services Division will be considered. Mr. Pires noted there was a Subcommittee meeting where the improvements to Clam Pass Park were discussed. Gary McAlpin noted the FDEP has issued a second RAI for the Clam Pass maintenance dredging JCP (Joint Coastal Permit) application. c. Final Version Proposal to PDSD Peer Review Gary McAlpin presented the document "Clam Bay Estuary Peer Review Scope of Work " last revised March 19.2010 - Rev.1 The item was discussed at the previous Clam Bay Subcommittee meeting and modified as requested. The intent is to identify Peer Reviewers based on a list of qualified individuals/organizations provided by both the County and by Pelican Bay Services Division. Once a list has been formulated by the parties, a reviewer would be selected by joint agreement. The document was submitted to the PBSD on April 7, 20 I 0 and was rejected by a vote of 11-0. Speakers Marcia Cravens, Mangrove Action Group submitted an email from David Tomasko (PBS&J) to Gary McAlpin dated November 16,2009, which provided a list of qualified individuals to review his work. She expressed concern the entities would approve his work and the effort will not be considered an "independent review." Dr. Harold Wanless completed a Peer Review which is critical of the original study and no County Committee has reviewed the Report to date. The public has a right to be infonned of any reviews of the work completed by PBS&J and requested the review be discussed on the record by the Coastal Advisory Committee. John Domenie, Pelican Bay Services Division stated the Pelican Bay Services Division unanimously passed a resolution to schedule a workshop to discuss the Peer Review Process and will provide names for consideration. They are concerned the Peer Review document does not reflect the resolution approved by the BCC on December 15.2009 which did not rule out "stand alone academics." The PBSD did not have an opportunity to review the credentials of the individuals/organizations proposed in the "Scope of Work" and expressed concern over a possible ethics violations with Mr. Tomasko CAC June 10, 2010 VI-1 Approval of CAC Minutes 9 of 10 recommending the Peer Reviewers. The reviewers identified work in waterways incomparable to the Clam Bay Estuary System. He requested Gary McAlpin meet with the PBSD and prepare a scope of work consistent with BCC direction. Mary Johnson, Mangrove Action Gronp agreed with the Mr. Domenie's request, which in attempt to reach a consensus, PBSD review the Scope of Work before referral to the Clam Bay Subcommittee. Mr. Morcland requested clarification on the status ofthe Mangrove Action Group. Marcia Cravens noted it is a non-profit, State of Florida organization with approximately 60 members. Gary McAlpin re-iterated the proposal is for the County and PBSD to submit names of Peer Reviewers be jointly evaluated, and the reviewer be chosen by consensus of both parties. Keith Dallas, Chairman, PBSD addressed the Committee noting the PBSD Board did not have sufficient time to review the document provided on the Peer Review. This was a basis for rejection of the document at the PBSD Board meeting. Gary McAlpin requested Committee direction on how to proceed to resolve the issue. Chairman Sorey directed Staff to attempt to work uut the issue through the pruposed meetings (the meeting with Pelicun Bay Services Division and the meeting between Mr. Feldhaus, Mr. McAlpin and Mr. Ochs). Return the item 10 the Coastal Advisory Committee at the May meeting. Ifresulution cannot he reached, the Board of Co unty Commissioners shuuld appoint a Peer Reviewer. The Committee agreed X. Announcements None XI. Committee Member Discussion Mr. Moreland noted there will be an Estuary Conservation Association meeting on April 12, 2010 6:30pm at Sl. Johns Evangelist Church to discuss the Wiggins Pass Proj ecl. Mr. Pires noted Colleen Greene, Assistant County Attorney provided a memorandum indicating the Sunshine Law does not require an Agenda and/or related documents for a meeting be posted 48 hours in advance. The question arose at the previous Clam Bay Subcommittee meeting where members ofthe public objected to the meeting CAC June 10, 2010 VI-1 Approval of CAC Minutes 10 of 10 based on the allegation the Agenda and backup material require a 48 hours advance posting. He continued to express his concern over the Purchasing Policy as indicated by his negative votes under item VIII.3.b and VIJI.4.b. XII. Next Meeting Date/Location May 13,2010 - Government Center, Administration Bldg. F, 3rd Floor ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:20 P.M. Collier County Coastal Advisory Committee John Sorey, III, Chairman These minutes approved by the Board/Committee on __ as presented or as amended 0 c; " N 0 C- o ~.~~~.g.~.~~ ~ 0. ~'" 0 ~ .", ~ ~~i~~:5! ! c . e .:;iJ5oo ~ ~:i~~'~~~~ ~ 0......:: ........................ <(==0 u> ~ . "';;;;;;;~~ii 0 .~ ;!: ~~:8 cn...._..._~ ~"'-Nri... 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'" " ~ ~ 0> N 05 ~ ~ " "' " "' " N ~ w -! ~ III -5'C ~(tI.9 ~ Q)'c c to 0 5 ::; o '" '" ~ o 0> "' 0> .... ... .. .,; 0; ..; ~ ... .. '" .,; ... '" N ~ ~ '" "'. ~ ~ .. ~ <1\ "' '" ... ... ... '" .. "' .,; .. .. ..; ... " " .. .,; M M ..; ... '" .... '" I- o I- CAC June 10. 2010 VIl*3 Staff Reports 1 of 1 6/10/2010 Emergencv Renourishment Aooroach/Discussion 1. FWS in consultation with FWC must issue the revised Biological Opinion (BO) prior to FDEP and the USACE issuing a revised permit. FWS has been responsive to our requests but the timing of the process will not give us any assurance that a single renourishment project will take place on a timely basis to protect the upland structures just south of Doctors Pass. 2. Our fallback position as identified in our previously approved Emergency Renourishment Plan was to renourish the dune area with 2,000 to 3,000 Cy's of sand in front of Indies West and Gulf view Condo's south of Doctors Pass only. This would protect the immediate property during hUrricane season and be followed up by a renourishment of approximately 35,000-37,000 CV's as soon as the BO/permits can be secured. 3. Detailed planning will begin on the 2,000-3,000 CV renourishment now. a. Friday morning meeting with condo owners to make sure everyone is aware of sand placement location on the dunes and the destruction of the vegetation. Walk the Dunes. b. Earth Tech and Steward Mining both local contractor/supplier to discuss approach, timing, proposal, price and scope. c. AOmm Sand 4. Reconnect with FWS on Wednesday 6/16/10 to determine if anything has changed with respect to the permit modifications and BO issuance on a more expedited basis. 5. If not, Notify FDEP that we are proceeding with an Emergency Renourishment and we will be seeking an "after the fact" permit for this work. 6. Develop a contract to repair the vegetation once the 35-37,000 renourishment is complete. 7. Meeting attendees: a. McAlpin, Keehn, Kraus b. Earth Tech - Contractor c. Stewart Mining - Sand Supplier d. Indies West representatives e. Gulf View representatives 8. Decision by 6/16. Price and Schedule by 6/18. Finish by 7/157???? CAC June 10, 2010 VIl~4 Staff Reports 1 of 13 June 7, 2010 Ms. Nancy Richy City of Marco Island 50 Bald Eagle Drive Marco Island, Fl 34145 RE: Deepwater Horizon Response - Council Update Dear Ms. Richy, I regret that I am not able to attend the Marco City Council meeting this evening, as I have a prior commitment to the Naples Chamber of Commerce Please allow this brief written summary of actions and strategies to be shared with the Council, and let them know that I will be happy to meet with them at any mutually convenient time in the future. The Oil Pollution Act and the Area Contingency Plan require that the responsible party, (BP) manage and resourcE" the recovery, dean-up, mitigation, financial impact and long.term remediation for the life of the spill. All efforts must be coordinated via the United States Coast Guard Area Command and its local State and Emergency Management partners. All efforts must he employed that allow BP to be accountable from "cradle to grave" regarding this incident. Collier County and its municipalities should follow this chain of command. Collier County's Bureau of Emergency Services and Emergency Management will continue its hourly monitOring of the Deepwater Horizon Spill event. Noted below is a brief list of actions and strategies currently underway. The State Division of Emergency Management remains the State's lead agency, in close coordination with the Florida Department of Environmental Protection and the FlOrida Fish and Wildlife Commission. Governor Crist is extremely active In his personal oversight and marshalling of resources to assist the State and local governments. -~v~.,.,.~-~::t",,=:-'-W-';"'~---~-'-i\ !8!:SI l - nl _.______~M"'V". /~/ /J, CAC June 10, 2010 VII-4 Staff Reports 2 of 13 Letter to Nancy Richy June 7, 2010 Page 2 The State Division of Emergency Management has critical State staff embedded in all operations with BP, the United States Coast Guard, and the States of LOUIsiana, Mississippi, and Alabama. The Governor has implemented a State of Emergency for all coastal counties from the Panhandle to Palm Beach, to allow for a rapid State response as needed. No "states" of emergency have been implemented nor recommended by any of the counties south of Sarasota County at the present time. Collier County is under the unified command of United States Coast Guard, St. Petersburg and the associated Area Contingency Plan. I have personally met with these representatives in St. Petersburg, along with a number of State environmental organizations, to review booming and containment strategies. City of Marco, City of Naples, and Collier County have compiled an extensive Geographical Information System atlas file, to be used as a primary response coordination tool for the deployment of supplies, materials, and staging areas. Collier County continues to participate in daily conference calls with the Florida Division of Emergency Management, DEP Secretary Mike Soles, as well as other cabinet and congressional members, BP and the United States Coast Guard to continue the coordination, planning, and response efforts. Collier County Emergency Management has prepared two incident action plans to have as supplemental coordination planning documents to augment or escalate operations, should it be needed within Collier County and the municipalities. Collier County has identified key personnel and agencies, which will be summonsed to the County Emergency Operations Center for any "all-hands" briefings, training, or operations, all of which will be managed from this central location. Coliier County has issued a number of press releases and established important phone numbers, resources and web links on the County home page addressed at Collier County, in coordination with local fife districts and Sheriff Kevin Rambosk, have established protocol to respond to any reports of "tar~ballsn or tar patties associated with potentially weathered product, should those sightings occur. That tar-patty protocol is attached. Collier County has identified a number of resources, including clean-up contractors and scientific support personnel to assist the County and the County EOC, if such efforts are needed. Presently, two clean-up contractors and one scientific support contractor are readily available to complement the existing State contractors and BP contractors, should they be needed. Collier County's primary contractor, Ash-Britt Environmental, is currently embedded in the Panhandle region, becoming keenly aware of operations and providing us additional "local orientation" to response issues as needed. Collier County continues to provide periodic email updates to local fire chiefs and established a dedicated conference call line for time-sensitive communications, should it become needed. Wildlife rescue and recovery efforts are well-coordinated and resourced by BP and its duly authorized partners, including Tri-State Bird, Federal US Fish and Game, and Florida Fish and Wildlife Commission. -;)cl;-S CAC June 10, 2010 Vl1-4 Staff Reports 3 of 13 Letter to Nancy Rlchy June 7,2010 Page 3 Florida DEP is working with Rookery Bay and other local organizations to establish pre-landfall soil, water, and sediment sample data in conjunction with the Natural Resources Damage Assessment Act. Other Discussions Collier County, along with the surrounding counties, continues to work hard to address a number of variables associated with the spill and its potential affects, should it make landfall in our region. Those variables include Assisting tourism and local economic interest; Reminding all that our beaches are open and we are in no immediate threat of the spill so come to our community and "enjoy"; The effect and variables of the "loop current" currently keeping the product at least 125 miles offshore of Collier County; How the reSidual product will "weather", i.e., tar-balls, tar patties, light sheen or medium viscosity, "oil mousse" and what Will be the best clean-up strategy from a range of products and services. Those include, but are not limited to: Use of ocean and river boom Use of manual hand clean-up efforts Use of snare booming techniques and near shore skimming vessels Use of chemical or biological agents Use of mechanical beach rakes Use of "pillow" type absorbent materials Trigger Points Collier County Emergency Management and its State and Federal partners have an untold number of resources monitoring the plume's travel, both at the response and academic level. Should Collier County anticipate the arrival of any product, regardless of form, the current response strategy is as follows: +-96 hours -Before landfall evaluate product type and atmospheric trends +_ 72 hours- Resource order for deployment supplies, materials, equipment, and personnel +. 48 hours- Stage all equipment, personnel, and resources noted above and partial activation of the Emergency Operations Center +. 24 hours- Deploy necessary oft or near shore equipment and partial activation of the Ernergency Operations Center + 12 hours- Indefinite clean-up efforts and around or near. around the clock operations of the Emergency Operation Center +_() hours- Coordination of short and long-term claims, operations and mitigation efforts for the life of the event 3,~11 S CAC June 10, 2010 VII~4 Staff Reports 4 of 13 Letter to Nancy Richy June 7, 2010 Page 4 In closing, I regret that I am unable to be of service to you this evening, but I hope this general information is helpful. If you have other questions or concerns, please don't hesitate to call. Sincerely, /., . /1 ~" ~/ , .j:./ --,-'--- ~a~ ;su~~;rs----- Director cc: Mr Leo Qchs, County Manager Mr John Torre, Director of Communication and Customer Relations Mr, Lee Mayfield, Region 6 Coordinator, ' Florida Division of Emergency Management Chief Mike Murphy, Marco City Fire Department. Attachments: Tar-Patty Protocol Deepwater Horizon Situation Report # 39 /;./ I,;; CAG June 10, 2010 VII-4 Staff Reports 5 of 13 Co~e.,. Coun"ty ,. ...........- - - Bureau of Emergency Services MEMORANDUM TO: Sheriff Kevin Rambosk, Collier County Sheriff's Office FROM: Dan E. Summers, Director Collier County Bureau of Emergency Services DATE: May 21,2010 RE: Deepwater Horizon - Suggested "Tar-Ball" reporting The Florida Division of Emergency Management, Department of Environmental Management, and United States Coast Guard- Unified Command St. Petersburg, have offered the following for the management of any "tar-ball" or "tar-patty" reports. Discussion It is assumed that any reports by any source of a tar ball or tar patty sighting will likely come from any source, including, but not limited to, civilian, local government, public safety, marine interest, and the like. The intake of that report or sighting may go to a number of agencies, such as local 911 centers, State Watch Office, DEP Oil Spill hotline, or the National Response Center. All non-local agencies with the call centers noted above have been advised by unified command to ensure that local governments are notified concurrently of any reports. This may also be the case for any "light sheen" or light to moderate product. A description of these "sightings" is attached. The intended central "clearinghouse" for those sightings is the State Watch Office in Tallahassee. I would suggest that the Sheriff's 911 staff be made aware and periodically make contact with the State Watch Office during each shift, to ensure communication and the routine notification of sightings that may originate as local calls to 911, as well as calls received by the State, for possible sightings in Collier County. Additionally, we would respectfully request that during business hours any local sightings further include the notification of the sighting to the Emergency Management office. Weekend sightings are requested to page Emergency Management on-call representative, who will call back to the 911 center for additional information and coordination as needed. K;f I~S . I'I,} (::ul;'_lr JI Parkw:'!' . ~'L!pl!"~ ;::1;)' c:U :~4 ~ n . ?3g.?'i2.3fi,)i) . F';;< . :t"h;:j ;:(::: . W"Wi;()ti:el'en'1'if~; CAG June 10, 2010 VlI-4 Staff Reports 6 of 13 Memorandum to Sheriff Rambosk May 21, 2010 Page 2 Actions that will be taken Should a report of a tar ball or tar patty be received by the Sheriff's 911 center, the 911 center is requested to notify the State Watch Office with as much information as possible, such as time of day, a confirmed geographical location, latitude and longitude if available, caller information, and the name of any local public safety agency and/or personnel who would likely be dispatched for onsite confirmation should any follow-up information be needed. Following the notification to the State Watch Office, the State Watch Office in coordination with USCG- St. Petersburg will immediately dispatch representatives from either or both the Florida Department of Environmental Protection or Florida Fish and Wildlife Commission for onsite reconnaissance. The DEP/FWC personnel have formed Shoreline Cleanup and Assessment Technique teams (SCAT) for immediate dispatch. The Unified Command has directed local governments and response agencies not to pick up, remove or disturb the tar patties or tar balls, as they are likely to capture the on-sight information for evidentiary purposes. Should the sightings increase, Unified Command will escalate response and recovery efforts accordingly. DEP/FWC are prepared to respond and scout both on the shore and in the water. It should be noted that the public is extremely sensitive at this point in the response, and tar balls and other "biological" materials that are typically common appearances on our shoreline may in fact NOT be related to the Deepwater Horizon incident. Care should be exercised not to place any findings immediately upon the Deepwater incident until confirmation is done by the State teams noted above. At least for this first operational period it is my opinion that should any sightings be made along our shores, especially after hours, such sightings do not require any local responder to man a post at that location for any extended period of time. Responder's judgment may be exercised with respect to securing the scene or gathering additional geographical Information to aid the State team personnel. It should also be noted that we are in turtle nesting season, so any traffic along the beaches should be handled with extreme care, and activity around marked nesting sites kept to an absolute minimum. Response to these calls in all cases should be a non-emergency low priority response, unless some immediate risk to life and limb is noted. In the unlikely event that call levels for these sightings escalate to the extent that it becomes a hindrance to the Sheriffs 911 Center, Emergency Management will activate its call center and advertise a number to the public to call, rather than tax the 911 system. /,../ I s CAC June 10, 2010 VII-4 Staff Reports 7 of 13 Memorandum to Sheriff Rambosk May 21, 2010 Page 3 I fully expect that this reporting effort may have a few challenges or "course corrections" in the days to come. We will do our best to help ensure a streamlined process. Should you or your staff see or recommend changes that are needed, please let us know and we will respond quickly to these and brief the Unified Command accordingly. Thank you. Attachments: Tar Patty, Tar Ball, and Oil Sheen examples. cc: Chief Jim Bloom, CCSO Commander Bill Rule, CCSO Director Stephanie Spell, CCSO Mike Jones, CCSO-Special Services Municipal Police and Fire Chiefs Collier County Fire Chiefs Association Mr. Leo Ochs, County Manager Mr. Lee Mayfield, FDEM- Region 6 Coordinator Mr. Richard Zyvoloski, Planning Cell- Collier County EOC 7,,-.1/..s~ v CAC June 10, 2010 eports CHARLIE CRIST Governor SECRETARY MICHAEL W. SOLE Florida Department of Environmental Protection DAVID HALSTEAD State Coordinating Officer WHAT FLORIDIANS SHOULD KNOW ABOUT REPORTING OIL Report evidence of oil by calling the State Warning Point at 1-877-2-SAVE-FL (1-877-272-8335), or by dialing #DEP from a cell phone. . Impacts reported to the State Waming Point will be investigated by reconnaissance teams of trained individuals for verification. When verified, a Shoreline Cleanup and Assessment Technique (SCAT) team will be deployed. . Oil on Florida.s coastline will most likely be in the form of tar balls, oil sheen, tar patches or mats. . The following photos' are meant to help people when calling the State Warning Point. Tar Balls: Pliable, globules of weathered oil, ranging from mostly oil to highly emulsified with varying amount of debris and/or sediment. Tar balls may vary in size from millimeters to 20-30 centimeters across. Tar Patches: An oil configuration or "structure" that reflects a broad range of shapes and dimensions Numerous tar balls could combine to form a patch; oil of various colors and consistency could form a patch or single layer 10s of cm to 10s (or even 1 ODs) of meters in diameter. Patches of oily debris, barely able to float with sediment/plants in them, might be called "tar mats." Oil Sheen: When fresh oil spreads out on the water surface, it eventually becomes sheen, a very thin layer of oil floating on the water surface. Sheens can vary greatly in color In regards to the Deepwater Horizon incident, the thinnest sheens are nearly transparent, and the thickest are dull brown in color .Photos proVIded by the Unified Command Joint Information Center ';),/1-3 D)r;:irSi[-;;f'r.V1fO\'~ If.r::; ...-' L ,._,..,,'I,.hnl,l ,lr.\ ~ r:/ f~-' f ~ [!r-- (~)l" ,(1 '1r \IU0l)IJ\' ]/t.,1 r\, ,"" ";~;;y-,~ '( "V: """'l' -L<:' , i"'-': , 1Wl~~)_ X"l 'JJ\:J:~)! '::) ,:::::-,,1 .:t.t " CAe June 10, 2010 VII-4 Staff Reports 9 of 13 Charlie Crist Governor Situation Report # 40 Monday, June 7, 2010 at 1200 hrs EDT David Halstead State Coordinating Officer Weather Summary: h,~1 'I; 'dIp ";",\ 'Nf;~;; "A"id',", jVVI iii"" w"'''','~'"'lj 18\;l;:\f,j "'IClr!i1pii';lw;'i',j vi' "","1 i,l eUI1 ,nd td.:ba':s !C'..v,':r:.1 t(iC' w~:~5ttJ" 1'.'.';(l!VJnij'e \ ;:,rr;, ,:l,'i" i":ici t,cwt ',,,,:1 .','VC' Si()w:'i 'I'i:)l;y)" \!>j . It)'" ,un:. G:~'! C0HSt lOd'J,! Vi'l: ;;r'.' JlrH1(1;:; 1t, M'stc'r1y ,:HCc;li;)JI \VJay L\f'(orro ShilT"'l t'J 1'18 ml't!l t:YHJII~,. ': ".'~; (f" 'i,.<fdr';'i ,J!):;tc ; IOri") ii.'Jrd'I-'-".:Jllw,q ,'J1 (YJ~(-Jr ,'j, ("('I,; ~'d\' liUS'; ,:nrT'f:' ';I;ri~,_);, UI ~:l; SutiK': \:,1 1('I!-Ji'Hds "..,'11$ ,',1;1 Ie f'~;tcnl,;:; ac G55 tilt' : ue"day tll ,Y';l]'1 Hl':, eC'U!)' v,'<,'(" C"i'ln,;<=~, ',1,11 iW,(' SUi!' ;:if;,~ ,:,a9))'I\~' th" neAt ,. ~ ~I"F" :~,'n'I"(;"1q i-l ,n" ,fer r"C')'iC:-/ u' 'I': Curr~nt Situation: Florida be3ches are open. Unif'ed Arei1 Command estmlates reledse rate ot oi: from Deepwater Hor'10n (It 12000 \019000 b<lnels per day rh,s event hCl'" b{,en deSignated a Spill of National Slgnltk€loce Unified An'<l (>:H'1mand con,.nues wlth!l co'nplehensive 011 well 'nterverltlon ;lnd spill 'esponse pla'l'ling follQWll1g the April 22 "inKing 01 the Transocean Deepwa1er HOllLQll drilll11g fiR 130 rr<i1es sQl;\heast ef New Orleans /\o;O((H.'" More \ilan 20,000 personnel are wDrklng the on Clnd oNshore f0spOl1se Oil-water mix recovered: approxlr'r1fltety 1548 million gallor':; Response vessels ill use Marc Ul<l11 2700 Disper5ant (in gallol1s1 approximatety 1,082,000 deployed.l 240,000 available There is /TO planned (lse of dispersants ill Florida waters. Florida Soeciflc: f~epcr"" Of ".,,1) :.; dwl:ur (,J:(~dS (11 :1(1111 ,;l1e('n l'I;'l\ie bee' ;:o:lflrmcd 'rom c";c,n [Iiil C",'n:, :0 \,"MII\ln CCl.lrlt'i 'G,~:i I,A,~<,)r'!1Pi dre ;:v:tively Clr~;I'I,r;q tlll~ 1.1'.:'2,' '''","~, Oil Contafnment Boorn (If> leet) total 4::\-j D!~) d{,pi()yed ;'1 fIO:-i~d fier 11..1{: ",'t" ;T,e:;J ?IQC()C 1'1 accordance w'th established plans. protectlvt: booming and boom rnainter':3nce i~ being conducted II' the coastal (lreas 01 Bay, Escambia Flarkli" OJo.aioosa Santa !{OS<l and WatlO'1 CO~If'lties Accordil19 to the NOAA 011 p,ume rr>odcl the prImary od piJme 1$ iesc;' tire!' rn If~C' from Pcns"co,a ~);) fY""",', frorn Gulf COUllty, and '2GO n'ile' from St PeterstJlllg with "'on sheens and scattered tarballs cloi:>er NOI\I\ "';:"'.',,"tc' (,~, 'I"t!!l,;.' !;.:;rbaii', ,.)1'[1 <'ired'" nf 1:91'1 ~IH)tm T,ay "lpild t.he U(',\CI~(-':C :'1'" 'CJh:.) i ~.\J'ild,-,:I;(; Ul"{)d:.;ll V',ed '."'5,j';j w"11 (j""ct IT,p;JCS rl\",;1 i.".ey '''-'''ni': "i'\] 'd(", n' C'1()~:I,_,',v'1.'JtC!'i"'f' I.l;;y llt-' IS O'(l'vloing a $10U 00C; grant thrOllg:: a Memorandum cf UnderstamJm9 w,th Volu:,'teeJ Flol ,d<J llJ'Tldlllldln <J oatatldSE' to' tne registration Of volunteers h1lp ,/Lti'!!:!'LJ___8 QQ :.'{.QJlIi1!eel~,2r gi ~lj{::{I\LQL.,....2Ll!,(11fgrilQ!i 03iY~\'.,_~',!;!D.lR.sn9.ii,~"QQ1. ~ll!!1"31601 HP It:;sued <3 :!i25 m1!li0" blocl< grar'\ to FIOllda Ilrst prlOflty I~ boommg HI--' ha:; Iss',jed "secund $25 '0'1111011 ;jriJ,pllo FIUld<'l for d n<lt,C)nal tourism <,ldVer;I$,nq Cdl1'Pdlgl1 ESF 18 - BU'>ITlf'!sS InC!,,;!W) and Fconoffi'c Developm8nt l1a~ Wunr:ilf~r:! a Ilatl-J;lillracflo and print aUveltlSlng ccHT1palqn lor Florida tOU!lsm ?5'~ ,(':<'"0'" "l;C,'/O' '.'1.""1' ,.l,,';','C';I,'G ,"1 :::Iu:u '('~, !tH,~ \I,",,;-;(,Ib uf ':)I:..,,,)'till'i~'i "';'cq'" 3 staqmg ,,'cas ar" In pidCe to protect scnsll've shorelines in Flonda /\t the request of GO\i8f11Dr Crist the US SecretalY of COlmflcrce expanded the fishery fan,jre dec;arCltlon lor t!1e GUlf uf MeXICO to 'PGlude Flanna on 0..-;>/10 This lieclilratlon prOVides ,mpacted aOld eligible commerCial fisheries 1I1e opportul11!y tor federal support It does no/ Glose li;;~leries -eP'"CTalms in FlorTcfa -...---- .(~':':;~,;y 1:li'~- w8geLoss Loss of Income .-- -----Yotitf -- --r~ ---- f!~~~:_ __,,-,~EPro.~,' P!!~.__,. , ,'.V 4 ; $2,1\::14,83020 J,4(~,,$2,48f),06!2_S ._"""'7::5"(;:1"" L~--- $4]?:O,8974b Florida Information Unes The FlOrida Oi; SpilllnforrTldtioll Line (FOSIL) is av<uable from 8am.6pm EDT Liflilyat(88813373"69 FOI genera; health/exposures information Questions relalec to tne cil spiil, q)ntac' tht; FIO!lda f'0'50n Information Center.3t 1-800.222-1222 Mobile Unilled Cummand ilas f:,stilbiisl1ed two publiC hat line numbers for 011 ~l pll n v es tl Y ,1110n and ct ear"j P IIrpacteo Wildlife (e6G) 557 14a~ Olt"O S'wreline (865) 448-[)816 . fhe FiOf!Wl Depilllrnent 01 State has e~tabhshed d hotllne for nrcheologlc<ll, 11islor,'_;;11 pleservCI\lorl, ill1d tribal landS lhat may be impacted by tI.e Deepwater HOrl!(Hl'r\clde!lt -Jl:JO) 245.65JO State A.ctions: State Emergency Operat,ollS Center (SEOe) is at a Leyel I (Fuii) opcr3l!llg I(H' \l10U to 15(){) FUT, With Florida Department cf E.nwonmen\al f)rolectlon :F\.)LP\ as ~he lead agency C';overnor's Executive Orders 1099, 10-100, ano 10-106 dectared a state 01 emergencyfuJ EsccHTlbia, SantCI Rosa Okaloosa, Walton, Bay, ana Gulf (to-99) Fronklin, Wakulia, Jefferson Taylor, Dlx,e, Levy, Citrus Her,'l$ndo. Pasco, Pinell"s, Hillsborough Ma:ratee, ano Sarasota (10-100) Chanolle, l.ee, Cotlier, Monroe, Miarw-Dade, Broward C1nd Palm Beoch (10'106) Governor's Executive O'der 10-11:' autllQf;ZeS :r.e 1'1011(1<1 Fish and Wildlife Conservation CommiSSion to deSignate Free Saitw31cr Hshlllg D<<ys to pncouragl~ rHHH;Omme'cl8l fishing in Florida Governor's Executive Order 10-101 establigiled the Gulf 01: Spill fc.Dr1Omlc Recovery Task FOf~~e wllidl will faCII,tate efforts by Ilonda bUSinesses and Industries 10 rC(:ove' from \1m '055 oj commerce and revenues due 10 the eil Spill Conducting dildy corlfelt;;IICe calis witrl county and emergency management partners, the ~ederal On-Scerl(' Coordinator and ~<lrious U'lffied Commands --..---. ..--Locatl<)n --". .--~bile Ullif1ed Command, For:ward-State Emergency Rf;J~Eonse Team Flor!da Peni~)sula Command Mian11 ...--,.- -=~:::"~!..._Petersb~;--"-- Perso;:mer'- 2t-" L. S[f~T Ii,~is!w,) n,w[; [)i?e1l depioved to (:i',jll Wi:) [;;Cdrr'lna COW'll['~ today [SF 13 ___ 33 I';Cf'(,i] N"ltl(!!ld! G:id1(j (H"j\JCj p~rso'lnd O'llluty 3 aircraft are providing air support on-scene in LOUisiana througrl EMAC ESF 16 conducting daily reconnaissance flights and 25 (i person) ATVs patlolling HOi'idaS shoreline Irom Escarnbi3 County (0 Gull COl,JT1ty tor impact ESF 15 H,2:n reg:.stcr(~d VOll,mti'('fS, 2,676 volunteers i1a~e completed 11,564 hours 101 pre-impacl beacil clean ups In response to Deepwater HOlizon Volunteers and Donations IS providll1g CDnsistent messaging tc I iorld:'l vOlunteors, "All oil.contaminated materials will be handled by trained, paid workers and not by volunteers." [SF' ie. . ~: Y' rl'-fiITH' 'Ow (:"!,m~;(1 ",;' ~.,li.:t,V( ""I';'IDI (.:(;ljn',.cf.\ r' t~'.(-'. F';)'lhiJ"1dl': '''''C; '<:('r ,,',';; !c.'r p.:\t:flt;,'JI \I~:a:ti, '-,!to'C The 600111 Coordination C811 co",tlnues to ~:oordlllate addlt'QOl,,1 bDom req<.es!s An tnnovatlve Tec~lno'ogy Ceil is ass'>ssl'1g altePlatlve ctean-clp tecr1flologles S:Jggested by Ule public and stakeN;lders [SF 10 Ai! Stilte sampling dati-J be,ng coltected along !t18 Gull CQastllne IS at '!Y:KN.llld:Jta.o[g The Small R~slne~s AdrTllnist'3tlOn h;1s Issued (In L:conomic Inlury D:saster 1.03n Declaration tor trle State o' Florida Disaster loan OL.ltrcacl1 C8~'te(S have been opened In the folloVV1ng co,mtles Bay [scan,[)ia Gulf, Frankl,n, OKaloosa Sama Rosa, Wakulladl1dWal\on ~l L"an Appllcatfons I',;su<>-' l\JU !\,:A;C{)tCCl .14 Dccl'(',c(j Appr()I!p.Ci.2 '_c"r In'('.' rlt 'lp:YCV(:'.l S:'S: ')Or) (j(J local States of Emenlencv Bay: Expires on G110!10 DiXie Expires on 6110/10 Escambia Expires on 6111/10 Franklin Expires on Hi8/10 Gulf Expires on 6/10/10 Ol<aloosa, Concurrent With State Santa Rosa Exp.l'es on 6/11/10 Sarasot<l Expire;;, on 6/7/1 0 WakuljaE.xplreson617110 N,iton f'x,nesl1l16:"1;1il County EOC Activations Bay. Level? (Partial) F.scarnbla, Level 2 (Pania;) (iu'! {evc~! L :f'..,niali Qkalooss, Level;> (Partial) Santa HOSil. Leve 2 (Partial) Wakulla, Level 7 (Part;al) (c.-1/3 CAC June 10, 2010 VIl-4 Staff Reports 10 of 13 CHARLIE CRIST Governor SECRETARY MICHAEL W SOLE Florida Department of Environmental Protection DAVIO HALSTEAO State Coordinating Officer MEDIA ADVISORY: MONDAY, JUNE 7,2010 CONTACT: PUBLIC INFORMATION (ESF 14) (850) 921-0217 FLORIDA DEEPWATER HORIZON RESPONSE JUNE 7, 2010 TALLAHASSEE - Under the leadership of Governor Charlie Crist, the State Emergency Response Team and the Florida Department of Environmental Protection (DEP) are actively coordinating and responding to the Deepwater Horizon Incident The following is a summary of state and BP response actions to date, as well as tips for residents and visitors to take precautions both pre and post-landfall Landfall Reports and Predictions: . June 6, dime to Silver dollar-Sized tar balls and tar patties continue to be found in Widely scattered areas from the Alabama state line east to Laguna Beach in Bay County. Clean up teams have been dispatched . According to NOAA projections. additional Impacts are expected throughout northwest Florida within the next 72 hours due to onshore winds . Multiple skimmers have been dispatched to collect tar mats and sheen. . Potential impacts to Florida's shoreline will likely be highly weathered, in the form of tar balls, 011 sheen, tar mats or mousse - a pudding-like Oil/water mixture that could be brown, rust or orange In color . Observations by NOAA continue to Indicate that a small portion of the 011 slick, in the form of light sheens, has reached the Loop Current Ring, a circular current which was formerly part of the Loop Current but has pinched off at the Florida Straits . FlOrida continues to monitor the location of the Loop Current Ring for potential reattachment to the Florida straits. () There have been no reports of Deepwater Horizon 011 Spill-related 011 products reaching the shore beyond the Panhandle region There is no indication that the rest of the state will have impacts from weathered oil products Within the next 72 hours. . Learn more at the NOAA webslte. If oil is sighted on Florida's coastline report it to the State Warning Point at 1-877-2-SAVE-FL (1-877-272-8335) or by dialing #DEP from most cell phones On Site Actions: . Current projections estimate Deepwater Horizon's discharge at 12,000 to 19,000 barrels per day. Learn more. 11:"<1 Is CAC June 10, 2010 VII-4 Staff Reports 11 of 13 . BP has placed Lower Manne Riser Packa-9!" (LMRP) Cap Containment System In an attempt to contain the leak and capture a substantial amount of the leaking 011 BP has begun pumping gas and oil to the surface There is hope that a significant portion of the flow will be captured, but this IS only a temporary and partial fix Learn more. . Meanwhile, BP IS continuing efforts to drill relief wells . To discuss spill related damage With BP representatives, please call the BP Claims Reporting Line at 1-800-440-0858 State Actions: . The State Emergency Operations Center IS activated at Level 1 . June 5, DEP began operating a mobile command post at Henderson Beach State Park In Destln for reconnaissance missions A team of staff on 25 all-terrain vehicles will monitor the coastline from Escambla County east to Gulf County for potential impacts. Each all-terrain vehicle Will mOllltor five miles of shoreline. . June 4, Governor Charlie Cnst announced that his request for a Fishery Failure Determination for Florida has been granted by the United States Department of Commerce Impacted fisherman and affected businesses can now qualify for economic injury loans through the US. Small Business Admlnistralion . BP has opened claims offices in Flonda. ViSit the BP Claims Paqe to learn more. . On June 3, Governor CIISt sent a letter to Mr Lamar McKay, President, BP Amenca requesting BP to commit $100 million to enhance monltonng, evaluating and responding to the constantly changing conditions related to the Deepwater Horizon InCident . Governor Charlie Cnst has issued three Executive Orders since April 30, 2010 declaring a state of emergency in 26 coastal counties that may see Impacts . DEP issued an Emerqencv Final Order to accelerate preparedness and restoration In the counties under the Governor's state-of-emergency Executive Orders. . On May 18 2010 the Small Business Administration (SBA) opened eight offices and a mobile unit In the Panhandle To date, these offices have Issued a total of 190 applications Find an office here . DEP conducted water and sediment sampling to use as a baseline and is monitoring air quality data. Statewide air quality monitoring is conducted in coordination with the US EnVlronrnental Proteclion Agency Learn more at httpllwww.airnowqov/ or httpllwwweNqOv/bpsPIII/ o Air quality reports for June 6 revealed that air quality was considered good for ozone and particulate matter in the Panhandle "Good" means the air quality IS satisfactory and all pollution poses little or no risk Boom Placement . Approximately 261,750 feet of boom has been placed In Flollda along the most sensitive areas of the Panhandle and 9,200 feet is staged. Addilionally, counties in the region are moving forward with supplemental booming plans . Placement of boom is based on where the oil is threatening, as well as each region'S area contingency plan. 2 / /"f I J CAC June 10, 2010 VII-4 Staff Reports 12 of 13 . The Unified Command Operations Group is asking boaters to avoid damaging boom. Boom cut or broken due to boater traffic jeopardizes coastal protection. . Stolen or misplaced boom should be reported to local authorities. Health Effects: . At this time, there are no indications of any health risks due to the Deepwater HOrizon mciden! The Florida Department of Health and DEP are closely monitOring health and enVIronmental Impacts to Florida and county health departments will Issue an advisory if conditions become unsafe . If residents or visitors see tar or oiled debriS on the beach, DO NOT PICK IT UP. Report it to the Florida State Warning Point line at 1-877-272-8335. For most people, an occasional brief contact with a small amount of oil will do no harm, yet stili It IS not recommended Learn more . In addition, volunteers helping with response efforts are not to engage in direct contact with 011 and 011 contaminated products such as tar balls, tar patty, tar mats, and 011 sheen . Only qualified community responders should handle 011 products and 011- contaminated materials . For general health mformatlon questions regardmg the oll-spili and exposure to oil spill products contact the Florida Poison Information Centers at 1-800-222-1222. Fisheries & Seafood: . June 5. NOAA adjusted the boundaries of the closed fishing area, adding 565 square miles at the northeast edge. On June 4. NOAA revised the fishery closure zone to open the Florida Keys and the Dry Tortugas to commercial and recreational fishing All commercial and recreational fishing including catch and release is prohibited m the closed area in the federal waters of the Gulf of Mexico Closing fishing in these areas IS a precautionary measure to ensure that seafood from the Gulf Will remam safe for consumers ~earn_more. . At this time, Flonda's state waters remain open to recreational fishing . Fishermen who wish to contact BP about a claim should call 1-800-440-0858 . To report oiled wildlife, please call 1-866-557-1401 and leave a message. Messages will be checked hourly . For the safety of the public as well as the safety of animals. rescues should be conducted by tramed responders Learn more Tourism: . Through wW~'v'ISITFLORIDAcQm vacationers are able to view live TWitter feeds and read up-to-the-minute Information on the status of any city or region In Florida Learn more at httpllwwwviSltfloridacom/flonda travel advisorvl . The Florida State Parks webslte, http/lwww.floridastateparks orq. is updated daily and will list any Impacts. Learn more by callmg 1-850-245-2157 Tips for Homeowners: . While the state appreciates the concern expressed by Flondians and the ingenuity of those seeking alternative measures to help protect the state's shoreline, the 3 / ;2,,//5 CAC June 10, 2010 VIl~4 Staff Reports 13 of 13 follOWing tips are offered to ensure that these measures are helpful and not harmful to Flonda's coasts, wildlife and water resources Tips for homeowners Tips for Businesses and Consumers: . The Attorney General's fraud hotline IS open to receive any reports of fraud or pnce gouging The hotllne IS 1-866-966-7226 . The Flonda Agriculture and Consumer Services Commissioner gas price-gouging hotline is also operational. The toll-free hotline number is 1-800-HELP-FLA (1-800- 435-7352) . Coastal businesses should make loss of earnings claims for damages incurred as a result of the 011 spill Businesses should file a claim with BP by calling 1-800-440- 0858 l,earn more at httpllwwwmyflondacfo,com/ or by calling 1-850-413-3089 or toll-free at 1,877 -MY,FL-CFO (1-877 -693-5236) Volunteer Opportunities: . The Governor's Commission on Volunteensm and Community Service is encouraging Floridians and visitors to become a Coast Watch volunteer Learn more at wwwvolunteerfIQflda,disastefJ2,rg . Report a change In Air Quality to httpllwww epaqov/bpspilll. . For Information on scheduled beach cleanups and other volunteer opportunities, VISit ilJ1PA",LWw.vpJunteerflongggisastgr prgl . To request volunteer information. please call the BP hotllne at 1-866-448-5816 Learn More About Florida's Response: . DEP launched a Twitter account, ~Jwitter.com/FLDEPalert dedicated to providing updates on Florida's response to the Deepwater Horizon Oil Spill . DEP in coordmation With the state Emergency Operations Center established an emall Sign-up and a comprehensive website at http Ilwwwdeepwaterhorizonflorida com . For a list of Unified Command, BP and Florida phone numbers, viSit till2J/wwwdepstate fl usldeepwaterhorizon/default htm#flumbers . The 011 Spill Information line is available at 1-888-337-3569 from 800 am to 600 p.m seven days a week Additional phone numbers have also been established for persons With disabilities (800) 955-8771 (TOO) or (800) 955-8770 (voice) ### 4 ) Sei IJ CAC June 10, 2010 VII~5 Staff Reports 1of2 ,1,;:'''rL''~''" ..i-.";:~'''.'.{.~";,, !;t ~l:~ \b\ ~\-"\. GULf r::o: \(0-"';::'-"1.:...&.' ".......;:.~,,;.'; (~c/!/ 7' I~;;.) OFFICE OF THE CITY MANAGER TELEPHONE (239) 213-1030 . FACSIMILE (239) 213-1033 735 EIGHTH STREET SOUTH. NAPLES, FLORIDA 34102-6796 Date: June, 6, 2010 To: Mr. John Iglehart, Director FDEP, South District Office 2295 Victoria Avenue #364 Ft. Myers, FI 33901 Subject: Permit File No. 0222355-001-JC City of Naples Beach Stormwater Outfalls Dear Mr. Iglehart: Thank you for taking the time to meet with our staff and Gary McAlpin, representing Collier County, to discuss the FDEP Bureau of Beaches and Coastal Systems' response to the City's February 19, 2010 Report titled "City of Naples Outfall System Coastal Impact Assessment & Management" on stonnwater beach outfalls within the City of Naples. The purpose of this letter is to reaffirm the City Council's commitment to implement the City's Stormwater Master Plan, which includes management of stormwater discharged through the beach outfall pipes, and to request removal of the existing Beach Renourishment Permit Condition requiring removal of the stormwater outfalls. Both policy-makers and staff of the City of Naples are committed to improve the quality of stormwater prior to discharge into Naples Bay and the Gulf of Mexico. As summarized in the City's report to FDEP, substantial resources have been committed to reach this worthy goal. Furthermore, it is recognized that water is a limited resource and that supplemental water sources, such as stormwater, are becoming so much more important. As technology advances and economies improve, even more viable approaches can be considered for this difficult task. However, this is expected to take time and even more resources. As you are aware, any modification to a stormwater system requires regulatory approval. For modifications to the drainage systems that include the beach outfall pipes, the City intends to continue to work through the South Florida Water Management District for regulatory approval and issuance of an Environmental Resource Permit. It is therefore requested that FDEP allow the City to continue to follow this existing regulatory process rather than supersede it by regulating stormwater management through the County's beach nourishment permit. , ( . (- ///r.) ,/,//,/ n- ,/,///,//i,- .. . ';;/II/~''/ /t. (//,//.) '/0/( ,)<:/< <. /6//"-/(/ //,/ ""'// //;(/ //'/ I,{, CAC June 10, 2010 VII~5 Staff Reports 20f2 Mr. John Iglehart June 8, 2010 Page 2 In its report, the City has provided convincing evidence that the beach outfall pipes do not contribute to erosion. They do not negatively affect turtle nesting, nor do they impede lateral public access. There is no recent documented evidence demonstrating adverse impacts from the existing beach outfall pipes within the City of Naples. Over the past 14-years, Collier County records show no negative trends or adverse impacts to turtle nesting from the buried outfall pipes. Public beach access and ample public parking is provided, and there are no documented complaints of lateral access issues. Water quality testing as performed by Collier County has continuously shown acceptable levels for all public recreational uses. As detailed in the City's report, this can primarily be attributed to the upstream water quality initiatives continuing to be implemented by the City. The City of Naples looks forward to continuing its partnership with the FDEP as it implements planned stormwater projects and programs. As demonstrated by the successful Basin III and Basin V stormwater construction projects, financial grants allocated by FDEP, along with local funds, can make a world of difference. We look forward to your continued support in our 319 Grant Applications (currently in for review). In summary and based upon the above outlined commitments and the February 19, 2010 Report, the City respectfully requests removal of the existing Beach Renourishment Permit Condition requiring removal of the stormwater outfalls. It is still the intent of the City to explore all practical and feasible options for eventual removal to the best extent possible. Stormwater runoff impacts will eventually be addressed by regulatory agencies and permit requirements as new water quality discharge criteria is determined. Thank you, again, for your assistance and involvement. Sincerely, fl. hJJf-- r1~ A. William Moss City Manager Cc: Gary McAplin, Collier County Director of Coastal Zone Management , (//:/>;;"///"/,, ,/11,/,.". /:-///>,. /- ,/,i:;-) /0';-" .v:/,'" <////1:/7' /~/ nll//i~// dY ,/. CAC June 10, 2010 Vlllv1 New Business 1 of 1 EXECUTIVE SUMMARY Election of Chairman and Vice-Chairman OBJECTIVE: Election of Chairman and Vice-Chairman. CONSIDERATIONS: Councilman Sorey has completed the one-year term as chairman. In accordance with Ordinance No. 200] -03 at its earliest opportunity, the membership of the Committee shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for a period of one (I) year, with eligibility for reelection. ADVISORY COMMITTEE RECOMMENDATIONS: N/A. COUNTY ATTORNEY FINDING: N/A FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: N/A PREPARED BY: Gail Hambright, Accountant CAC June 10, 2010 VIIl-2 New Business 1 of 1 EXECUTIVE SUMMARY Determine summer schedule for CAC meetings OBJECTIVE: To determine summer schedule for CAC Meetings. CONSIDERATIONS: In the past the CAC took into account the summer schedule of County and City boards. The following schedules are listed to provide information to help determine scheduling for the CAC: 1. The Board of County Commissioners will have only one meeting in July scheduled for July 27, 2010 and will not reconvene until September 14, 2010. 2 The City of Naples will meet in June scheduled for June 16, 2010 and will not reconvene until August 18, 2010. 3. The City of Marco will only have one meeting in July scheduled for July 19, 2010 and will not reconvene until August 2,2010. 4. The TOC are currently meeting every month and is planning to take August off. Per last year's scheduling of the above mentioned boards, the CAC did not meet in July of 2008 and 2009. However, staff is recommending that August be considered this year for vacation for consistency with the BCC and TOC. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action RECOMMENDATION: Discuss and make summer schedule PREPARED BY: Gail Hambright, Tourist Tax Coordinator CAC June 10, 2010 VIII~3 New Business 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the attached engineering proposal dated 6/7/2010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this beach. OBJECTIVE: Approve the engineering proposal dated 6/7/2010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this beach. Anticipated construction will be FY 12/13 or FY 13/14 CONSIDERATIONS: It will take several years to secure the permits to modify or install additional erosion control structures at the Marco South Beach. This study needs to be undertaken to determine if: 1. If additional erosion control structures would lengthen the renourishment cycle and if so what would the most likely cost, savings and cycle be Preliminary modeling and historical analysis. 2 Can any of the existing structures be modified to achieve the same result? Preliminary modeling and historical analysis. 3. At a minimum obtain a permit to repair the existing structures. 4. Investigate the Sand sources of Capri Pass, Caxambas Pass and Cape Romano Shoals for beach renourishment sand. 5. Model the Beach renourishment to determine the optimum renourishment scope. 6. Can this project be combined with the major mainland renourishment project for savings? 7. Prepare report and present. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of this proposal. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: Approve the engineering proposal dated 6/7/2010 from Coastal Engineering Consultants to renourish the Marco South Beaches and investigate if additional or modified erosion control structures would lengthen the renourishment cycle for this beach. PREPARED BY: Gary McAlpin, CZM Director CAC June 10, 2010 Vlll-3 New Business 2 of 8 Collier County South Marco Beach Renourishment & Structural tnhancements CEC Contract No. 09.5262 Scope oj Work SCHEDULE "A" WORK ORDER NO.1 TASK 1: PLAN FORMULATION & PROJECT UPDA TE Phase A: Beach Fill Volume Update Utilizing COUNTY provided controlled digital photography and 2009 annual monitoring surveys (beach profiles. inlet. shoals. etc.); CEC shall apply the permitted beach fill template and update the volume requirements for the 2012-13 Beach Renourishment Ptoject following the description in the FEMA Project Worksheet, Declaration No. l785DRFL. Phase B: Borrow Area Screening Utilizing COUNTY provided borrow area surveys and data, CEC shall conduct an alternatives analysis of the existing permitted borrow areas including Caxambas Pass (South Marco prior source), Capri Pass (Hideaway Beach prior source), Tom's Hill (Collier County prior source) and Cape Romano Shoal (new source). Parameters to be evaluated include quality, quantity (compared to the fill volume needs defined in Phase 1), location, environmental impacts, navigation interests, cost, and synergy with Collier County's other beach nourishment project needs. A compatibility analysis shall be performed using ex isting sediment data for both the native beach and the permitted borrow areas. Based on the analysis, CEC shall rank the borrow areas and recommend the optimal source(s) for inclusion in the Project. Phase C: Project Description Update Based upon the results of Phases I and 2, CEC shall update the Project Description and Preliminary Opinion of Probable Construction Cost for the 2012-13 Beach Renourishment Project. Phase D: Structural Alternatives Screening Building upon the project performance to date, and relying upon our historical perspective of the South Marco project goals, objectives, permit issues, and design standards, as well as the COUNTY.s other consultants' reporting and analyses, CEC shall conduct an evaluation offiscal, environmental, and institutional parameters to screen the following structural alternatives, or combination of alternatives, for inc Ius ion in the Project. . Repair existing breakwaters: restore existing structures to their original design templates, . Repair existing terminal groins: restore existing structures to their original design templates, . Modify existing breakwaters: relocate. resize, and / or realign existing structures, . Modify existing terminal groins: relocate, resize, and / or realign existing structures, and . Enhance existing breakwaters: add new structure(s) to enhance existing structures. Based upon the analysis, CEC shall rank the structural alternatives and recommend the two most favorable alternatives for the Modeling Task. The recommendation shall include the justification for carrying the selected alternatives forward along with the rationale for eliminating the other alternatives. The purpose of the structural assessment is to complement the beach fill for enhancing Project performance, extending Project life, and increasing the interval between renourishment events. Page I of7 June 7, 20](] CAC June 10,2010 VHI.3 New Business 3 of 8 Collier County South Marco Beach Renourishment & Structural Enhancements CEC Contract No, 09.5262 Scope oj Work Phase E: Plan Formulation Report CEC shall prepare and submit to the COUNTY a draft Report to present the results of Plan Pormulation including beach fill volume update, borrow area recommendations, updated Project Description and Preliminary Opinion of Cost, and structural alternative recommendations. CEC shall meet with the County to review the results and obtain comments. CEC shall revise and submit the final Plan Formulation Report to the County. TASK 2: MODELING Phase A: Data Collection and Analysis CEC shall review COUNTY provided data, as well as, request and obtain existing data that may be available from other governmental agency sources, for example, Rookery Bay, FDEP, US ACE, City of and Marco Island. It is assumed that additional hydrodynamic infonnation will need to be obtained in order to calibrate the numerical models proposed for use in subsequent analysis. At this time, the following field data collection program is proposed: . CEC shall install tide gages and current meters (or combination units) to measure water levels and velocities at two prescribed locations (offshore and within Caxambas Pass) for a total period of 30 days. The instrumentation will be recovered mid-month and again at the end of the month. . Water level and current velocity data will be down loaded, reviewed and processed to provide a record of conditions during the 30 day deployment. CEC will then integrate the new information with similar data obtained from historical sources, noting any trends apparent in comparison to the historical information. After completing Plan Formulation and reviewing the existing literature, CEC will recommend any changes to the COUNTY prior to initiating the field work. Phase B: Regional Wave and Storm Statistics Using the existing literature and data related to the general wind, wave and sediment transport processes affecting the project area, CEC shall develop a general understanding of the wave energy shaping the area's shorelines and characterize the geomorphic and littoral processes in the project area. CEC shall prepare tables summarizing the matrix of wave height, period, and direction conditions to be used in the modeling. Using the historical storm data available in the literature, CEC shall compile report storm statistics with respect to wave height, period, direction and return interval and recommend the design storm parameters for use in the mode ling. Phase C: Model Calibration and Validation CEC shall perform a detailed modeling analyses of selected alternatives. CEC shall calibrate and validate the models using historical records such as bathymetric surveys, dredge and fill records, aerial photography, and collected field data. In concert with model formulation and application, CEC shall: . perform a desktop analyses of available wave, tide, sediment, morphology and dredging data to formulate the appropriate model domain and boundary forcing information: Page 2 of7 JullC 7, 2010 CAC June 10, 2010 VIIl-3 New Business 4 of 8 Collier County South Marco Beach Renourishrnent & Structured Enhancements CEC Contract No. 09-5262 Scope oj Work . conduct an analytic assessment of sediment transport and morphological behavior of the inlet-beach system to formulate appropriate parameters for model application and to identify a range of reasonable model results: . apply an integrated 20 numerical model, (such as MIKE 21 or equivalent) including dynamic coupling of wave, hydrodynamic and morphological modules: and · validate the model via qualitative comparisons with measured changes and dredge records and via sensitivity analysis. The modeling program shall be performed following the guidelines established by FDEP. Deviations from the guidelines shall be reported to the COUNTY as appropriate. Phase D: Sediment Budget Using historical data, CEC shall compute shoreline and volumetric changes. Combined with the results of the modeling, CEC shall develop the sediment budget for the project area. The sediment budget shall including estimates of the potential longshore transport rates along Marco Island central and south beach reaches as well as Kice Island, shoaling rate at Caxambas Pass, and order of magnitude of gross and net alongshore sediment transport into and out of the Project area. Phase E: Alternatives Analysis Once the model has been calibrated and validated, CEC shall model the beach fill only alternative and beach fill with the two structural alternatives determined in Plan Formu lation. For each alternative, CEC shall predict sediment transport magnitude and directions, bathymetric changes, beach fill diffusion, shoal development and channel sedimentation rates. Based upon the model results, for each alternative, CEC shall: . depict predicted changes in coastal processes; · prepare a table and plan-view depiction of the expected sediment budget; . qualitatively assess the expected performance, advantages and disadvantages; . assess the likely issues or concerns of permitting agencies, permit requirements, and feasibility of obtaining permits; . prepare a conceptual opinion of probable costs including initial costs, maintenance costs, and annualized costs for a 30 year project life; and . summarize the evaluation parameters in matrix format. Phase F: Modeling Report CEC shall prepare and submit to the County a draft Report describing the data collection and analysis, calibration and validation of the model, alternative analysis and results, and recommendation for the preferred structural alternative to advance to Preliminary Design. CEC shall meet with the County to review the results and obtain comments. CEC shall revise and submit the final Modeling Report to the County. TASK III. PRELIMINARY DESIGN Phase A: Pre-Application Conferences CEC shall update the Project Description and prepare a Project Justification Document that identifies and describes the necessity and justification including consideration of the public Page3of7 June 7, 2010 CAC June 10, 2010 VIII-3 New Business 5 of 8 Collier County South Marco Beach Renourishment & Structural Enhancements CEC Contract No. 09-5262 Scope oj Work interest in shore protection and restoration and potential impacts of the Project. with particular attention to potential impacts to the Caxambas Pass shoals and historical shorebird nesting areas. The report shall address compliance with Section 404(b)(l) of the Guidelines of the Clean Water Act and the "Public Interest Assessment" criteria cited in Section 373.414, Horida Statutes. The Document will be (a) reviewed and approved by the COUNTY prior to distribution, (b) distributed to USACE and FDEP staff in advance of the pre-application conferences, and (c) serve as a foundation for the "Project Purpose and Need" section of the Joint Coastal Permit (JCP) Application. CEC will arrange, attend, and chair two pre-application conferences including COUNTY staff with (I) FDEP regulatory and project management staff along with state commenting agency staff (FFWCC), and (2) USACE regulatory staff and federal commenting agencies (NMFS, USFWS, EPA). In general, the purpose of the pre-application conferences shall be to present the Project including the results of Plan Formulation and Modeling, solicit agency input on regulatory matters, identify if the current Project shall be processed as a new application or a major modification to the existing permit, define requirements for obtainment of permit approvals, and discuss requirements for mitigation. CEC shall prepare and submit to the COUNTY a written summary of each conference. Phase B: Preliminary Design Utilizing the annual monitoring surveys (beach profiles, inlet, shoals, etc.) to be performed by the COUNTY's other consultants, CEC shall prepare preliminary design drawings in the form of 8 Vi' x 11" permit drawings. Utilizing the existing borrow area data, marine surveys, and environmental surveys, CEC shall determine the design borrow area cuts to yield the fill volume requirements and identify potential pipeline corridors and marine vessel transport corridors from the selected borrow areas to the beach fill. CEC shall prepare the preliminary design of the preferred structural alternative. The preliminary plans shall include location map; vicinity map; plan views depicting beach fill, borrow areas, coastal structures, construction access and staging areas, potential pipeline corridors and transport corridors: cross sections depicting dredge templates and beach fill templates; coastal structure sections and details; survey control: dune plantings; and environmcntal protection measures. The preliminary plans shall serve as the permit drawings for the JCP Application. Based on the preliminary design documents, CEC shall update the Preliminary Opinion of Probable Construction Cost. CEC will meet with the COUNTY to review the preliminary design. CEC shall finalize the preliminary design documents based on the COUNTY review and comments. Phase C: Environmental Assessment CEC shall calculate potential mitigation requirements based on FDEP UMAM procedures (or other approved functional assessment methods as may be prescribed by the USACE, FFWCC, NMFS or USFWS) and identify potential mitigation methods and mitigation areas. CEC shall prepare for COUNTY review and approval an Environmental Assessment (EA) documenting the location, quantity, and quality (including functions and values) of environmental resources in the Project area and borrow areas; summarize probable environmental and historic resource impacts; address potential pipeline and transport corridor impacts to resources within the corridors: and Page 4 of7 June 7, 2010 CAe June 10, 2010 Vlfl-3 New Business 6 of 8 Collier County South Marco Beach Renourishment & Structural Enhancements CEC Contract No. 09-5262 Scope oj Work incorporate the potential mitigation quantities, site locations, mitigation techniques, and associated mitigation costs. TASK IV. .fCP APPLICA nON Phase A: Supporting Documents: CEC shall prepare for COUNTY review and approval the following permit Supporting Documents: o physical monitoring plan. o sediment QNQC plan, o endangered species protection plans, o biological monitoring plan, o turbidity monitoring plan, and o mitigation and monitoring plan. Phase B: Permit Application CEC shall prepare for COUNTY review and approval, a draft JCP application for the FDEP and USACE permits and casements required for the Project including an "Application for Joint Coastal Permitting. Authorization to Use Sovereign Submerged Lands. and Federal Dredge and Fill Permit" and a Public Easement or Consent (1. Use for each pipeline corridor. The application shall include the following: o COUNTY provided documents (e.g. local consistency letter with comprehensive plan, existing borrow area permits and MMS leases for the two offshore areas, agent authorization letter) o permit sketches (preliminary plans completed in Task Ill), o sketch and legal description for each pipeline corridor, o EA (prepared in Task 1II), o alternatives analysis and modeling results (prepared in Task II), and o existing geotechnical data formatted for inclusion in the ROSS database. In the application, CEC will request: o final design plans be a condition for issuance of a "Notice to Proceed' following agency review and acceptance and/or modification of the preliminary design, o mixing zone within the fill area, and o waiver of dredge fees for use of borrow material obtained from sovereign lands. CEC shall incorporate COUNTY review comments and submit the JCP Application and Supporting Documents to FDEP and USACE. TASK V: PERMIT PROCESSING Phase A: FDEP and USACE Permit Processing: Subsequent to submittal of the permit application, CEC will serve as the COUNTY's agent for the permit process. CEC will proactively contact FDEP and USACE staff to informally monitor the process, address staff questions, and facilitate agency consideration of the application. CEC will verify the JCP Page 5 017 June 7, 2010 CAC June 10.2010 VIII~3 New Business 7 of 8 Collier County South Marco Beach Renourishment & Structural Enhancements CEC Contract No. 09-5262 Scope of Work Application processing fee amount and notify the COUNTY when payment is due to FOEP. As needed, CEC will compile, clarify, and provide existing information as may be requested by FOEP and USACE staff. CEC will seek to negotiate permit condition(s) for the project that are acceptable to the COUNTY. Phase B: RAI Response: For the purposes of this Scope, it is expected that FOEP and USACE will make two (2) requests for additional information (RAIl each, and that one (I) meeting will be required with FOEP staff in Tallahassee to favorably conclude the permit application. It is assumed that existing information (including design details/analysis) will be sufficient to meet permit application requirements with minor adjustments, clarifications, or analysis. If FOEP mandates additional surveys, reports, modeling analysis or and studies beyond those identified herein, CEC will undertake these additional tasks under separate authorization as approved by the COUNTY. TASK VI: FINAL DESIGN Phase A: Construction Plans and Technical Specifications Based on the permit processing results including comments received from the agencies, accepted preliminary design documents, and the 2011 annual monitoring surveys (beach profiles, inlet, shoals, etc.) to be performed by the COUNTY's other consultants, CEC will prepare for review and approval by the County, construction plans and technical specifications to show the general scope, character and extent of the work to be furnished and performed by the contractor. CEC shall design the final beach fill, borrow area, and coastal structure plans including horizontal and vertical control, survey baseline, construction access and staging areas, beach fill limits, design fill templates, dune construction limits, vegetation details, pipeline corridors, marine vessel transport corridors, borrow area dredge templates, coastal structure design sections and details, and construction quantities. CEC shall prepare a Final Opinion of Probable Construction Cost. CEC shall review the COUNTY's standard general conditions. instructions to bidders, etc... and prepare for review and approval by the COUNTY, supplemental conditions and bid forms for inclusion in the Bid Documents. ASSUMPTIONS Based on multiple discussions with Coastal Zone Management, CEC understands the following. I. Annual Monitoring Surveys The COUNTY shall provide the following surveys for 2009, 2010, and 2011 for use in the Project design, thus no beach, inlet and shoal, and borrow area bathymetric surveys are included in the scope: . controlled (scale rectified) digital photography, . beach profile, inlet, and shoal survey data as xyz files in Excel or similar file format, and . monitoring reports. Page 60r7 June 7, 2010 CAC June 10.2010 VIII-3 New Business 8 of 8 Collier County South Marco Beach Renourishment & Structural Enhancements CEC Contract No. 09-5262 Scope oj Work II. Borrow Areas The COUNTY shall provide the following data for the existing borrow areas (Caxambas Pass, Capri Pass, Tom's Hill, and Cape Romano Shoal). thus no borrow area surveys are included in the scope: . "post-dredging" surveys of the three borrow arcas associated with prior nourishment events, . geophysical survey data in appropriate digital format, . geotechnical survey data such as jet probes, vibracore logs and photos, gradation curves, and related sediment tests in appropriate digital format, · magnetometer survey reports and/or results in appropriate digital format, . Cultural Resourccs survey reports and/or archeological reports, . existing permits, and . MMS Leases for the two offshore sources. III. Miscellaneous The COUNTY shall provide the following: · Environmental Assessments, Permit Documents, and Related Reports, . Funding related tasks (FEMA coordination, public access requirements, etc.), · Permit Fees, . Public Noticing, · Local Consistency Letter with Comprehensive Plan, and · Agent Authorization Letter. Further, because this is the next maintenance cycle of the existing permitted Project, CEC bases this scope on the following: . The Project has an established Erosion Control Line for the entire shoreline to be renourished, · The COUNTY has its own property or has obtained construction easements from private upland property owners for construction access and staging and to allow for placement and maintenance of beach fill and coastal structures upland of the ECL, and . Because the COUNTY has permitted the four (4) borrow areas (noted above), wave refraction analyses to verify that no adverse impacts to adjacent shorelines will occur from borrow area excavation will not be required. BUDGET TASK DESCRIPTION FEE I Plan Formulation Update $ 25,000 11 Modeling $ 80,000 III Preliminary Design $ 95.000 IV JCP Application $ 35,000 V Permit Processing $ 85,000 VI Final Design $ 30,000 Contingencies (10%) $ 35,000 Page 7 of7 June 7, 2010 GAG June 10, 2010 VIII-4 New Business 10f6 EXECUTIVE SUMMARY Recommendation to approval Yearly Physical Beach and Inlet Monitoring Contract as proposed by PBS&J. OBJECTIVE: Approve the Yearly Physical Beach and Inlet Monitoring Contract as approved by PBS&J. CONSIDERATIONS: Yearly physical monitoring of the beaches and inlets is required by FDEP permit. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of the attached proposal by PBS&J. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve Yearly Physical Beach and Inlet Monitoring Contract. PREPARED BY: Gary McAlpin, CZM Director CAC June 10, 2010 VlIl-4 New Business 2of6 Professional Engineering Services for Fixed Term Physical Monitoring Services for Coastal Management PBS&J is pleased to provide a scope of work for Collier County Coastal Zone Management Department. The intention of this Work Assignment is to provide professional guidance, preparation of project documentation (monitoring reports) and expert review of project information for the Physical Monitoring of the Collier County coastline. In accordance with Col]icr County Contract Number 08-5]24 the following scope of work is presented herein. SCOPE OF SERVICES This monitoring will take place on various beaches and inlets of Collier County as indicated below. The following is a list of expected monitoring locations. These locations are inclusive but may vary from year to year depending on permit conditions. Please refer to previous monitoring reports for exact boundaries, survey locations, ranges and control monuments. Consistency with previous surveys is extremely critical and significant to Collier County. Contractors/consultants will have the responsibility to complete monitoring for the respective beach segment during the times indicated for each segment. Locations and monitoring timing is as follows . Vanderbilt Beach physical beach monitoring and report perfonned in May - June each year. . Park Shore Beach physical beach monitoring and report performed in May - June each year. . Naples Beach physical monitoring and report performed in May - June each year. . South Marco Beach physical monitoring and report performed in December - January each year. . Delnor-Wiggins State Park Beach physical monitoring and report performed in April - May each year. . Clam Pass Beach physical monitoring and report performed in April - May each year. . Wiggins Pass Inlet/interior channel/borrow area and report performed in April- May each year. . Clam Pass inlet and interior channel performed in April - May each year. . Doctors Pass inlet and interior channel performed in May - June each year. . Caxambas Pass inlet/borrow area performed in December -- January each year. . Hideaway beach borrow area performed in December - January each year. Beach and Nearshore Hydrographic Survey All work shall be conducted in accordance to Section 01000 (Beach Profile Topographic Surveying) and 0] 100 (Offshore Profile Surveying) of the March 2004 Bureau of Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control Projects including field methodology and final del iverab les. hltp:/ /www.dep.state.fl.us/beaches/publ i cations/pdf/standard. pdf Prior to the start of the survey a reconnaissance of FDEP second order monuments is required to confinn that survey control is in place and undisturbed using Real Time Kinematic Global Positioning System (RTK GPS). ]n order to achieve required accuracy, the survey shall be controlled using FDEP 2nd order monuments. All assessable 2nd and 3rd order FDEP control monuments in the project area shall be located using RTK GPS. Topographic and Hydrographic profile surveys will be collected. All data seaward of the dune shall be collected using RTK GPS technology. Upland areas inaccessible to RTK GPS shall be collected using CAC June 10,2010 VIH-4 New Business 3016 standard difTerentialleveling techniques. Upland topography shall extend approximately 150 feet landward of the vegetation line or until an obstacle is encountered. An ACSM Certified Hydrographer shall oversee all hydrographic surveys for nearshore, offshore and inlet surveys. Hydrographic portions of the profile line shall be collected from a survey vessel equipped with RTK GPS technology and a dynamic motion sensor to provided instantaneous tide and motion corrections. Standard hydrographic procedures shall be followed including all necessary quality control checks. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day using second order FDEP monuments located in the project area. The fathometer will be calibrated via bar-checks and a sound velocity probe at the beginning and end of each day. The DIGIBAR PRO sound velocity meter or equivalent which provides a fast additional calibration for sound velocity as compared to the traditional bar check shall be used. More specifically, bar checks will be performed from a depth of five feet to a maximum depth of twenty-five feet. Analog data showing the results of the bar check calibration will be displayed on the fathometer charts at five foot increments during descent and ascent of the bar. In order to maintain the vessel navigation along the prolile lines HYP ACK navigation software or equivalent shall be used. This software shall provided horizontal position to the sounding data allowing real-time review of the profile data in plan view or cross section format. The navigation software shall also provided navigation to the helm to control the deviation from the online azimuth. The landward limits of the hydrographic survey shall be based on a minimum of fifty feet beyond the seaward extent of the beach profile. Profiles shall extend seaward beyond the depth of closure, or 2,500 feet offshore, whichever is further. A Professional Surveyor and Mapper (PSM) shall signed and sealed the required DEP survey reports which shall included field survey notes, profile plots, GIS plan view maps, photographs in both directions along the beach and towards the dune also a close-up of the monument when found as well as all other required deliverables included in Section 0100 and 01100 of the FDEP Monitoring Standards for Beach Erosion control Projects http://www.dep.state.flus/beaches/publications/pdtlstandard.pdf. Four copies of the report along with a CD version will be provided to the County. Navigafion Channel and Interior Inlet Hydrographic Survey Nearshore cross-sections will be surveyed as per the previous post-construction survey events. An ACSM Certified Hydrographer shall oversee the hydrographic survey. All work will be conducted in accordance to Section 01200 (Borrow Site, Shoal and Other Bathymetric Surveying) of the March 2004 Bureau of Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control Projects. Cross-sections will be collected from a survey vessel equipped with RTK GPS technology and a dynamic motion sensor to provided instantaneous tide and motion corrections. Standard hydrographic procedures shall be followed including all necessary quality control checks. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day. The fathometer will be calibrated via bar- checks and a sound velocity probe at the beginning and end of each day. The DIGIBAR PRO sound velocity meter or equivalent which provides a fast additional calibration for sound velocity as compared to the traditional bar check shall be used. More specifically, bar checks will be performed from a depth of five feet to a maximum depth of twenty-five feet or a depth representing the maximum potential depth of CAe June 10,2010 VIII~4 New Business 4of6 the survey area. Analog data showing the results of the bar check calibration will be displayed on the fathometer charts at five foot increments during descent and ascent of the bar. [n order to maintain the vessel navigation along the profile lines HYPACK navigation software or equivalent shall be used. This software provided horizontal position to the sounding data allowing real-time review of the profile data in plan view or cross section format. The navigation software will also provided navigation to the helm to control the deviation from the online azimuth. Controlled Aerial Photography Using FDEP Environmental Standards Color aerial photography shall be obtained for the Collier County Beaches. Surveyors shall coordinate ground control and GPS logging from HARN and/or CaRS with the designated sub-contractor. A representative from Collier County will conduct the pre-flight sea condition monitoring and coordinate with the surveyor and the sub-contractor about the flight timing. Flight must occur during a 24 hour period of calm sea conditions, low tide levels, and [ow sun/water surface angle to ensure good water clarity. The flight window will be established by the sub-contractor. The sub-contractor shall provide 9"x9" photographs and CD-ROM controlled raster imagery files. The photography will be collected following FDEP's standards for: Environmental Aerial Photography Acquisition for Beach Erosion Control Projects http://www.dep.state.fl.us/beaches/pu b I i cations/ pd f/standard. pdf (secti on 02000: M arch2004). Preparation of Post-Project Monitoring Reports In accordance with FDEP permit protocol; PBS&J shall prepare the second year monitoring reports ror submission to the Florida Department or Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems (BBCS) on behalf of Collier County. Data collected for the monitoring of the project shall include beach profile surveys, borrow area surveys and aerial photography. These data will be collected by Morgan & Eklund, Inc for the topographic & bathymetric survey information and Aerial Cartographics of America, Inc for the aerial photography. The purpose of the monitoring reports is to summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns within the monitored area. In addition, the report shall include a comparative review of adverse impacts attributable to the project(s). Based on the scope of work requested by Collier County, PBS&J will only address Range Monuments R-IO through R-89 and R-140 through R-148. PBS&J will review the data and use the information to create a database to identify and characterize trends and current conditions of these reaches of Collier County's coastline. The database will be created to enable visualization and completion of a comparative analysis. Specific quantities and parameters that will be analyzed, if data are available, include the following: . Shoreline and volume change rates . Beach profile evolution . Post-storm beach profile change (if applicable) . Bathymetry changes within Wiggins Pass, Doctors Pass, Capri Pass and Caxambas Pass . Identifying and quantifying areas of acute erosion . Bathymetry changes across the borrow areas . Aerial photography assessment CAC June 10, 2010 Vlll-4 New Business 5of6 The above analyses will provide a qualitative understanding of the project and/or storm-induced topography and bathymetry changes to the beach and borrow area. All monitoring reports will include a transmittal referring to applicable FDEP permits, the permit condition requiring the report and the period in which the monitoring was conducted. The reports will be submitted as a bound printed report and on a disk in electronic .pdfformat. PBS&J will prepare for, travel to and attend three (3) meetings. The meetings will be held to coordinate the project, meet with County staft~ and to provide project updates to the County Project Manager and other stakeholder representatives as deemed necessary and appropriate. One PBS&J senior engineer will attend each of these meetings, again as deemed appropriate. PBS&J will complete monthly updates to County staff on the schedule, task and present budget of the project. In addition, quarterly progress reports will be prepared that outline project expenses to date and review the budget and schedule. Budget Estimate Work for this assignment will be performed for the lump sum amount of $196,195,13. Work will be billed to the County on a monthly basis based on the percentage of work completed for the preceding month. Schedule Estimate The following schedule of completion is anticipated. I. Submit draft monitoring reports within 120 calendar days following the Notice-to-Proceed and receipt of all required data (surveys and aerial photography) to complete analysis. Assumptions I. All existing information/documentation including, but not limited to, survey data, project permits, environmental information, aerial photography, previous studies, etc. will be provided to the PBS&J by the County. 2. This quote is based upon project scope outlined in BVO 08-5124 and conversations with County Staff on June 4'" and June 7'", 20]0. 3. 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Z V1 I 0 U U 0 u u z iiJ V1 u <l: 0 z z z z z 0 .'" .-< N CO ... en U 0 .-< N CO ... en '" '" c. ~ .-< N CO ... en '" '" 00 '" .-< .-< .-< .-< .-< .-< .-< .-< E ~ "" "" -" -" -" -" -" "" -" "" -" -" -" -" -" -" "" " 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ~ U t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- t-- <l: CAC June 10, 2010 VllI-5 New Business 1of5 EXECUTIVE SUMMARY Recommendation to approve Wiggins Pass FY 11 Dredging Engineering as proposed by CP&E. OBJECTIVE: To approve Wiggins Pass FY Dredging Engineering as proposed by CP&E. CONSIDERATIONS: Wiggins Pass will require another maintenance dredging or two before the permanent solution is implemented Currently at low tide, less than three foot draft vessels are grounding at the mouth of the pass. Prepare engineering required to obtain a permit and NTP to complete this maintenance dredging after turtle season at 11/1/2010 but before 5/1/2011. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of this proposal. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve Wiggins Pass FY Dredging Engineering as proposed by CP&E PREPARED BY: Gary McAlpin, CZM Director CAC June 10, 2010 VIII-S New Business 2 of 5 COASTAL PLANNING & ENGINEERING, INC. e 2481 NW BOCA RATON BOULEVARD, BOCA RATON, FL 33431 561-391-8102 PHONE 561-391-9116 FACSIMILE Websi1e: www.coastalolannina.net E-mail: Wail@coaslaIDlgnnina.net June 7, 2009 Gary McAlpin Director Collier County Coastal Zone Management W. Harmon Turner Bldg., Suite ]03 3301 E. Tamiami Trail Naples, FL 341]2 Re: Interim Wiggins Pass Maintenance Dredging Project Permit Application with Plans (Contract No. 09-5262) Dear Gary: This letter is in response to your request for a proposal for coastal engineering and ecological services for the permitting maintenance dredging of Wiggins Pass. The State and Federal permits have lapsed, and a new comprehensive permit for Wiggins Pass Maintenance Dredging and Navigation Improvements will take a long time to be processed. The following services are proposed to prepare a permit application and develop dredging plans for an interim project: I. Wiggins Pass Permit and Design ($20,000 T&M Not to Exceed) Wiggins Pass Penn it Plans: The pennit sketch and plans will include plan views and cross- sections sufficient for the permitting and construction of the ebb channel maintenance dredging project and disposal in the near shore of Barefoot Beach. The plan will exclude the flood shoal and Delnor- Wiggins Park, which would be more difficult to permit. The plan will be modeled after the previous 2009 plans prepared by CPE. The spoil site and channel dredge template will be delineated with the same cross sections allowed by previous FDEP and USACE permit conditions. The plans will be based on a new survey developed under a different contract. The permit sketches and construction plans will share similar pages. The dredge volume will be calculated. Wiggins Pass Construction Specifications: None Prepare Permit Application: A JCP permit application will be prepared, with heavy reliance on the existing Comprehensive Permit Application for Maintenance Dredging and Navigation Improvements. Consultation will be conducted with FDEP and the Corps of Engineers to see if the process can be expedited and streamlined based on the prior permit and the comprehensive permit applications currently under review. Responses to Request for Additional Information ','> '~'H'''_'''._''~''~~,~_",~~_, CAC June 10, 2010 VIII-5 New Business 3of5 Interim Wiggins Pass Permit Application June 7, 2010 Page 2 will be prepared and provided to the extent budgeted. Sufficient copies of the permit application will be created for submittals to the FDEP and the Corps of Engineers along with a copy for Collier Counry with copies on CD. Compensation The estimated cost for our services is $20,000 and detail is provided in the attached cost breakdown. It is our understanding that the County will pay us on a time and material basis and cover all permit fees. Very truly yours, cc: Sheri Dindial, CPE enclosures F:\marketing\]roposals\Collier\2010/WP Interim Permit/wiggin;; rass interim permit letter and sow . I 0' g~ I ~ .~ . 81 0 .0 ! ~I ~~~ ~- ~ 5u n ,. u" -0::=" u>. ~~~ 80 -0::10 w, aJ~* <>:<(!. ~~W 00 ",0.'" ..0 -~~ Ulg~ SQ~~ 88 ~. .0. o .0 NO' oI ;;:;:; w~ ~~ 8 ." o~::;: 00 E~ ~~~ a 8g .2 " 000 ~ 8 ~ . "~~ ~ ow~ ~ >' ~]~l? g~ ~ Z ~ ~ .~ g ~ ~ON " ~E~!- ;;,;;; 0 w "'u ZO: e' :l!!! .' ~ ~ ~ a 0.; a ~~ u o;?:::;: ~ . j Ii:f 00 zu g o>~ " ~'" S ~w ~~ ~~~ 0 00 wo: " 00 o~... ~w .,~!. ,,'" z~ -~ :S~N I~ ~ ~ 'f 8 ~ ~8~ 10::"'''5 O;?~ 0 o~, 'ft 8 ~!. ;;; ~ wo~ ~ :rl 0 ~ c(~~ ~~llJ~ 088 W z Z u 00 . ~ a:: ~ ... o..U" .' w~~ ~ </lg ! zw . 0 ~wo . zU " ~~ <> ~:t: ~ 80 1 ij ~ .~~ "'u-i~ ~~ uw~ N~S 0 ~~ -~ "0 ~~; 80 il ~U ~o: Eg>:f ~:g~ '" ~o "W~ ;;;" ~ ~~ w~ ~~ z'" -0 w ~ 0 ~ 0: Z ~ . w . w e ~ '" z :l ~ 0 :i w < z z . S . Q " ~ ~ ~ ,o.z U !~i~ :J ,I. ~ Uu ~ II-::J ~ W" ~ :"'0- iUJ<l: ;; I~ t: 0: :::E::E , w << ~ ww 0 ~ w "" I 0: ww g~~ 0 ~ << u ~ .. 0<0 " W "" " ~ ~ . ww ~~.& e 0: << 000 0 ~ "" e~~ e ~ ,< . CAC June 10, 2010 V11I-5 New Business 5 of 5 Schedule B Contract No: 09-5262 "County Wide Engineering Services" Standard Hourly Rate Schedule for all disciplines Personnel Cateqorv Stmdard Hourly Rate Principal $195 $165 $148 $155 $119 $85 $65 $140 $110 $115 Senior PrOject Manager Project Manager Senior Engineer Engineer Senior Inspector Inspector Senior Planner Planner Senior Designer Designer $100 Environmental Specialist $115 Senior GIS Specialist $145 GIS Specialist $100 Clerical $60 Surveyor and Mapper $130 CADD Technician $85 $130 $160 $180 Survey Crew ~ 2 man Survey Crew ~ 3 mall Survey Crew ~ 4 man This list IS not mtended to be all-II ,elusive Hourly rate fees for other categories of profeSSional, support and other services shall be mutui'lly negotiated by the County and firm on a project by project basis as needed, CAC June 10.2010 VIII-6 New Business 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the attached Change Order to PBS&J's contract for Clam Pass/Bay required to address additional information requested by FDEP and the USACE for the Clam Pass maintenance dredging permit. OBJECTIVE: Approve the attached Change Order to PBS&J's contract for Clam Pass/Bay required to address additional information requested by FDEP and the USACE for the Clam Pass maintenance dredging permit. CONSIDERATIONS: The USACE and FDEP are requesting additional information not in included PBS&J's current scope of work. This is required to secure the Maintenance dredging permit for Clam Bay and expected to cost $69,050 Contract will be on a T&M not to exceed basis. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of this item. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: To approve Change Order No. with PBS&J for Clam Pass/Bay for time and material not to exceed $69,050. PREPARED BY: Gary McAlpin, CZM Director Contract 07-4153 June 4. 2010 CAG June 10, 2010 VIIl-6 New Business 2 of 5 SCOPE-Of-WORK Additional Work Request Change Order #3 WO#45-100227 Contract # 07-4153 May 18,2010 CLAM PASSIBAY ESTUARY PBS&J is pleased to provide a scope of work for Clam Pass/Bay Estuary. The intention of this Work Assignment is to provide professional guidance, preparation of project documentation, respond to peer review comments and expert review of project information for Clam Pass and Bay Estuary. In accordance with Collier County Contract Number 07-4153 "Professional Engineering Services for Coastal Zone Management Projects" the following scope of work is presented herein. Current Understanding - On March 24, 20 I 0, PBS&J received comments (request for additional information (RAI)) back from FDEP concerning the Clam Pass JCP plans and design. After thorough analysis of the request for information, meetings were held on May 4 and 7, 2010 with Merrie Beth Neely, Jennifer Koch and other staff members at the Department to discuss clarification and potential relief on specific questions and additional requirements listed in the letter. Specifically questions 23, 25, 27, 31, 33 and 39 were discussed to clarify the level of analysis and information required to respond. Results of the meeting indicate the need to complete further analyses in order to respond to the RAI. Based on the outcome of the FDEP meetings the following scope of services is listed below. In addition, the USACE provided a package to PBS&J on June 2, 2010 that included approximately 100 public comments/questions regarding the permit application. As part of the permit process these questions will have to be addressed. SCOPE OF WORK Task 3 - Clam Pass Application for .Joint Coastal Permit It iUiI {il Pertuits' Material and documentation required for to respond to the RAI will be prepared and submitted to the regulatory agency; Florida Department of Environmental Protection. A total of four (4) meetings will be held with the regulatory agencies to review the RAls, public comments, and prepare necessary response(s), etc. Appropriate changes to the design documents will be made following review and approval by County staff. This scope of services does not include for any type of detailed environmental documentation such as a mitigation plan, Environmental Assessment (EA) or Environmental Impact Statement PBS&J Contract 07-4153 June 4, 2010 CAe June 10, 2010 VIII-6 New Business 3 of 5 SCOPE-Of-WORK (EIS). Any items out-of-scope will be discussed with the County and a scope of services will be provided. FDEP Response: Based on the comments received from FDEP (dated March 24, 2010) the following areas will be addressed: . Revised drawings and plan sets to include items requested in RAI comment No. 23. . Address comments with regards to the proposed mixing zone limits, edge of nearshore edge of hardbottom, minimize any impacts to natural resources, etc., RAI comments No. 25 and 33. . Respond to comments regarding the geotechnical data, hammer cores, sediment sampling and beach compatibility analysis, RAI comment No. 27. . Provide clarification of proposed impacts to natural resources (seagrass, Thalassia testudimun), RAI comment No. 33. . Analysis the cross-section area of the proposed dredge template, within the proposed impacted area, to determine if minimum flow requirements can be maintained, RAI comment 33. . Calculate the required application fee based on the above application revisions, RAI comment No. 39. All application fees will be paid by the County. USACE Response: Based on the comments received from USACE (dated June], 2010) the following areas will be addressed (respond to item No.3): . Provide description of the criteria and/or thresholds that will be used to determine the need for periodic dredging activities in the proposed work area: please identify the responsible party associated with such determination(s); . Provide description of the water quality parameters that are anticipated to improve as a result of the proposed work - include data that describe past/current "impaired" conditions and describe the anticipated quantitative improvements to water quality; . Provide confirmation that the proposed work area is consistent with the previous dredge template/footprint; please provide a mapping/ground-truth reference for any such statement (e.g., use of coordinate datalGPS, etc.) that supports adherence to the historical footprint during project activities: . Provide a narrative that addresses public interest review factors; the narrative should demonstrate that the project is clearly in the public interest (typical public interest review factors include: conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, land use, navigation, shore erosion and accretion, recreation, water quality, safety, and consideration of property ownership ). . Perform a site visit with National Marine Fisheries Service (NMFS) of the project site to review resources within the area to be dredged. Due to the magnitude of comments/questions received (100 plus), the substantive issues raised in the comment letters will be addressed; and responses will be grouped by topic. The comments are generally much the same, such that there is no need to respond to each individual comment letter, but PBS&J will capture the essence of the concerns in the responses and will look at the individual comments in order to prepare an adequate response. Also, please note that the responses will be prepared to and for the USACE, and are not to the commenting parties; ~S~ 2 Contract 07-4153 June 4. 2010 CAe June 10, 2010 VIII-6 New Business 4 of 5 SCOPE-Of-WORK however, a future request could prompt release of the documents subject to coordination with the USACE Office of Counsel. Note: this task does not include services for responding to legal objections, preparing for expert testimony or preparing for litigation to the project. These services will be provided under separate scope and fee to the County. In addition, it is anticipated that additional comments will be received from National Marine Fisheries Service (NMFS) and United States Fish and Wildlife Service (USFWS) regarding the preparation of the federal biological opinion (BO). This scope/fee does not include responding to, meeting with or addressing comments received From NMFS and USFWS other than those described above. SCHEDULE The above scope is based on an estimated twelve (12) month schedule of participation. The work assignment may be amended if the schedule is extended beyond the eighteen months. PBS&J will complete weekly updates to County staff on the schedule, task and present budget of the project. In addition, quarterly progress reports will be prepared that outline project expenses to date and rcview the budget and schedule. BUDGET In accordance with Collier County Contract Number 07-4153 "Professional Engineering Services for Coastal Zone Management Projects" compensation for the above scope of work will be based on a Time & Materials charge not to exceed the amount listed below without authorization from the County. Task 3 - Respond to FDEP & USACE RAIs $69,050.00 (Time&Materials) Total $69,050.00 0' ~ ,- - /;// ~ ' ....~ / -, ~/_V.4 ---~. / Ii June 4, 2010 JeftYey/R. Tabar Pi. / . rOJect DIrector PBS&J Date PBS&J 3 Contract 07AI53 June 4. 2010 CAe June 10.2010 VIII-6 New Business 5of5 SCOPE-OF-WORK PBSJ cLLLiU I M F ~L.!~ -S l.!t k'lH'lIl of \c\ '.!.rkJ.lh!.~L:;,'J.1 "in.~iliJ Client: Collier COlmly Project: Clam Pass JCP Project No: TBO Prepared By: JRT Labor rates will be billed at or below rates established per the agreerrent number contract # 07-4153 Note: tm may vary depending upon the task assignment and labor rate assigned Task 3 lep Total Labor Prcp<lfutioll HolU"s Cost Sf. Project Manager (JT) 'fi17UlKl 50 $8.5IX) Principle Ecologist (OT) i>JhlI.OIl 50 $8,(J(X) Engineer III (BF) q,11:"m t30 $t4.950 Coastal Modeler (ID) i>IIOlX! ]20 $13.200 Junior HydrogeologLst (MS) 'l,lll(l()lJ 130 $]].OO() Semor Technician (NW) ~,Ih.!IO ]20 $] 1,400 Total Hours 600 6tXJ Labor Cost $69.050 Reimbursable Costs Task No. J Reimbursable Costs Sub-Contractors Total Reimbursables $0 $0 $0 Total Project Budget $69,050 $69,050 PBS&J 4 CAe June 10, 2010 VIlI-7 New Business 1 of 10 EXECUTIVE SUMMARY Recommendation to approval the attached Change Order to Coastal Planning and Engineering's scope of work for additional Wiggins Pass permit engineering required to obtain a new permit for Navigational Improvements for Wiggins Pass. OBJECTIVE: To approve the attached Change Order to Coastal Planning and Engineering's scope of work for additional Wiggins Pass permit engineering required to obtain a new permit for Navigational Improvements for Wiggins Pass. CONSIDERATIONS: FDEP as part of the RAI process has requested additional vibacore borings at the mouth of Wiggins Pass along with additional engineering information. This is not included in CP&E's current scope of work and expected to cost $49,671 on a Time and Material not to exceed basis. ADVISORY COMMITTEE RECOMMENDATIONS: Staff is recommending approval of this item. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: Approve the attached Change Order to Coastal Planning and Engineering scope of work for additional Wiggins Pass permit engineering required to obtain a new permit for navigational improvements for Wiggins Pass. PREPARED BY: Gary McAlpin, CZM Director CAC June 10, 2010 VIlI-7 New Business 2 of 10 COASTAL PLANNING & ENGINEERING, INC. fit 2481 NW BOCA RATON BOULEVARO, BOCA RATON, FL 33431 727-565-4660 PHONE 727-565-4659 FAX INTERNET: hltp:llwww.coastalplannino.net e-mail rnail@coastalolannlnq.net May 26, 2010 Gary McAlpin, Director Collier County Government W. Harmon Turner Bldg., Suite 103 3301 E. Tamiami Trail Naples, FL 341 ] 2 Re: Wiggins Pass Maintenance Dredging and Navigation Improvement Project: Geotechnical Investigation (Contract No. 09-5262) Dear Gary: The following scope of work and associated cost proposal for the "Wiggins Pass Maintenance Dredging and Navigation Improvement Project: Geotechnical Investigation (Contract No. 09- 5262)" is enclosed for review and approval by Collier County. As part of a 2009 field investigation conducted in support of the Wiggins Pass Improvement Project, previously compiled geotechnical data as well as newly collected vibracore and jetprobe data was compiled and analyzed to support navigation improvements. During a recent meeting, the Florida Department of Environmental Protection (FDEP) requested that additional geotechnical data be collected to determine whether geology is the key factor controlling the position of the channel within Wiggins Pass and to better characterize material within the Pass. This scope of services includes the collection and analysis of additional vibracores. The locations of the twelve (12) new vibracores were selected in consultation with FDEP representatives. A map showing the locations of these vibracores is enclosed. The investigation will be conducted to the geotechnical standards currently acceptable to the Florida Department of Environmental Protection (FDEP). Coastal Planning & Engineering, Inc. (CPE) will work closely with Collier County and FDEP during the field and design phases ofthe invcstigation. I f you have any questions, please call me. Sincerely, Steph n ehn, P.E. Senior oastal Engineer CAe June 10, 2010 VIlI-7 New Business 3 of 10 cc: Tom Campbell, P.E., CPE Jeff Andrews, PSM, CH, CPE Melany Larenas, P.G., CPE Sheri Dindial, CPE COASTAL PLANNING & ENGINEERING, INC CAC June 10, 2010 VIII-7 New Business 4 of 10 SCOPE OF CONSULTANT SERVICES FOR WIGGINS PASS MAINTENANCE DREDGING AND NAVIGATION IMPROVEMENT PROJECT: ADDITIONAL GEOTECHNICAL INVESTIGATION (CONTRACT NO. 09-5262) May 26, 2010 SCOPE OF SERVICES As part of a 2009 field investigation conducted in support of the Wiggins Pass Improvement Project. previously compiled geotechnical data as well as newly collected vibracore and jetprobe data was compiled and analyzed. The Florida Department of Environmental Protection (FDEP) requested that additional geotechnical data be collected to determine whether geology is the key factor controlling the position of the channel within Wiggins Pass. This scope of services includes the collection and analysis of these additional cores. Twelve (12) vibracores will bc collected and analyzed. This scope also includes the analysis of surface grab samples to characterize surficial sediment on the adjacent shoreline and shoals. This new data, along with the previously assessed data, will be used to develop a geologic description of Wiggins Pass. The fee to provide the services detailed in this proposal is not to exceed (NTE) $49,671 which will be invoiced as time and material (T&M) as shown by thc tasks below: Task I Task 2 Task 3 $2,200 $40,369 $7,102 TASK I: ADMINISTRA TION/ PLANNING ($2,200) Previously compiled geotechnical data will be re-evaluated and analyzed in a GIS (Geographical Information System) framework in order to provide background information in addition to the recent findings of the 2009 vibracore and jetprobe investigations. The information gathered during Task 1 will be used to refine the vibracore plan. ePE will coordinate with the FDEP as necessary. Prior to conducting the tield operations a permit/de minimus exemption must be obtained. In order to do this, a Joint Environmental Resource Permit Application (ERP) application must be submitted to the Florida Department of Environmental Protection for review. This application requires a general project description and a map outlining the area of deployment. The Agency has ninety (90) days to review the permit application. The application is also forwarded to the Bureau of Survey and Mapping, Division of State Lands for title determination. Existing easements must be avoided during deployment or title holders must be notified of the proposed activity. The ERP application is also forwarded to the United States Army eorps of Engineers (USACE), Florida Division of Historical Resources (SHPO) and to Fish and Wildlife Services (FWS) for review and comment. ePE will apply for the necessary permits. ePE will complete and submit the required forms, as well as coordinate with the regulatory agencies. COASTAL PLANNING & ENGINEERING, INC. CAC June 10,2010 VIII.? New Business 5 of 10 TASK 2: GEOTECHNICAL SURVEY ($40,369) The geotechnical survey includes vibracoring to investigate potential geologic controls on the position of the Wiggins Pass channel and to better define the sediments to be dredged. Twelve (12) vibracores will be collected using the equipment and methods described below. A preliminary vibracore plan is attached. Geotechnical Survey Equipment Vibracoring A Rossfelder P3 Vibracore, or equivalent, configured to collect undisturbed sediment cores up to 20 feet in length, will be used for this project. This self-contained, freestanding electronic vibracore unit contains a vibratory hammer assembly, an aluminum beam which acts as the vertical beam upright on the sealloor, an aluminum coring pipe, and a cutting edge. If recovery is less than 80% of the expected total penetration, the sampled portion of the pipe will be removed, a new core pipe attached, and a jet pump hose will be attached just below the vibracore head. After lowering the rig to the bottom and jetting to one (I) or two (2) feet above the refusal depth, the jet will be turned off and the vibrator turned on in order to attempt to collect the remaining core. At each core location a vibracore will be taken. If field measurements indicate that less than 80% recovery has been achieved, then up to two additional cores will be taken, or a hydraulic jetting technique will be used to facilitate sampling below previously retained material. In the event a jet is used, the recovery of the original vibracore and additional vibracore sections will be combined to determine total recovery. Should the above procedures not result in 80% or more recovery, then this drilling effort will be considered a completed core for purposes of payment under this contract. Geotechnical Data Analysis Sediment Sample Analysis Upon completion of field operations, all vibracores will be transported to CPE's office in Boca Raton, Florida. There, the vibracores will be logged by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or shells and any other identifying features. The vibracores will be photographed in 2.0 ft intervals. Sediment samples will be extracted from the vibracores at irregular intervals based on distinct stratigraphic layers in the sediment sequence. The vibracores will then be wrapped and archived. Cores will be stored for a period of up to one (1) year. After this time, cores will either be relinquished to the client or stored for an additional annual cost of $25 per core. Mechanical Sieve Analysis The sediment samples (vibracore samples and grab samples) will be analyzed to determine color and grain size distribution. During sieve analysis, any obvious uncharacteristically large fragments (such as whole shell or large shell fragments) will be removed and the description (weight and size) of the material will be noted. The wet, dry COASTAL PLANNING & ENGINEERING, INC. CAC June 10,2010 VIlI-7 New Business 6 of 10 and washed Munsell colors will be noted. Sieve analysis of the sediment samples will be performed in accordance with the American Society for Testing and Materials (ASTM) Standard Methods Designation D 422-63 for particle size analysis of soils. This method covers the quantitative determination of the distribution of sand size particles. For sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-00 will be followed. The sieve stack used for mechanical analysis will conform to the BBCS guidelines provided in Table I. Table I. Mesh sizes to be used jar granularmelric analysis. Sieve No. 3/4 5/8 7/16 5116 3'2 4 5 7 10 14 18 25 35 45 60 80 120 170 200 230 Size (phi) -4.25 -4.0 -3.5 -3.0 -2.5 -2.25 -2.0 -1.5 -1.0 -0.5 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 3.75 4.0 Size (mm) 19.00 16.00 11.20 8.00 5.60 4.75 4.00 2.80 2.00 1.40 1.00 0.71 0.50 0.36 0.25 0.18 0.13 0.09 0.08 0.06 Weights retained on each sieve will be recorded cumulatively. Grain size results will be entered into the gINT@ software program, which computes the mean and median grain size, sorting, silt/clay percentages for each sample using the moment method. Carbonate Testing Approximately half of the samples extracted from the vibracores will be tested for carbonate content. Carbonate content will be determined by percent weight using the acid leaching methodology described in Twenhofel, W.H. and Tyler, S.A., 1941. Methods of Study of Sediments. New York: McGraw-Hili, 183p. Samples representing material above the proposed channel cut depth will also be extracted from the cores previously collected by CPE in 2009. These samples will also be tested for carbonate content. COASTAL PLANNING & ENGINEERING, INC. CAG June 10,2010 VIlI-7 New Business 7 of 10 TASK 3: PRODUCT AND REPORT DEVELOPMENT ($7,102) A tinal report summarizing the results of this vibracore investigation and discussing the geology of Wiggins Pass will be prepared and submitted to the FDEP and Collier County. This report will include project results, including vibracore logs, vibracore photographs, granularmetric reports and grain size distribution curves. The report will address FDEP's RAI questions from their March24, 2010 letter and the May 4, 2010 meeting. The report will also include tigures showing the estimated distribution of sand, organics, clay, rock substrate and silty material suitable to address FDEP questions and develop a dredging plan. CPE will provide geotechnical information in an electronic format suitable for input to the FDEP Reconnaissance Offshore Sand Search (ROSS) database as required by the FDEP. The data will be submitted in Access or glNT tiles. CAVEATS CPE proposes to perform the Wiggins Pass Geotechnical Investigation to the industry standard of care and will coordinate the investigations with FDEP as required. In the case that a core (Section 2) does not have 80% retention, FDEP may not approve its use for design purposes. The client herein recognizes the above referenced risks and agrees to work with CPE to complete the work. COASTAL PLANNING & ENGINEERING. INC. ~ ~ l'il ~ 0" _ro n ~~~ :;!~O u>. u 'Irlllrlll i ~ w ~ ~ ~ <5 ~ I ~lnlg~1 '" ~ , , , z U ~~~ Z ~ ~ J ]lll]1 ~l J 0 w :&~ ;: w &I,li'-!&'&, !:!. z ~:~;ilt~ 'H < 5 ~ ~ '" 0" z ~ _0 w 0.... ~ci NW 0 "'0: U' < "'0 z. , <" ~ ~~ , ::;i:i j ~i", 8 Zal 0.. ..: -~ "1 uz"1_ <;;> ;J, :ileE ~ ~ "'0 In ~!ii ;j;w . '" ~~~;~ 0 0 u "''''''-... .. 0 e ~ 0: ~ .. ~ c ~ o c ;i . . 0 - . - - I ~ B ~ "' . c r 0 . , 0 , r ~ ~ ~ , "' 0 0 0 0 0 " Z " 0 0 rl 0 0 ~ . 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JOO..O-'~N~N31N,......W" "NIDDLM-'-'.O'OOO -."",",,,,.,,,~, ~ CAe June 10. 2010 VIII-7 New Business 9 of 10 Schedule B Contract No: 09-5262 "County Wide Engineering Services" Standard Hourly Rate Schedule for all disciplines Personnel Cateqory Principal Standard Hourlv Rate Senior Project Manager $195 $165 $148 $155 $119 $85 PrOject Manager Senior Engineer Engineer Senior Inspector Inspector $65 $140 $110 $115 Senior Planner Planner Senior Designer Designer $100 Environmental Specialist $115 Senior GIS Specialist $145 $100 $60 $130 $85 $130 $160 $180 GIS Specialist Clerical Surveyor and Mapper CADD Technician Survey Crew - 2 man Survey Crew - 3 man Survey Crew - 4 man This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. CAC June 10, 2010 VIlI-7 New Business 10 of 10 ASK 1: Administration/Planning 20.0 2,20 i.,;lllor r'!dnner ?OC 110UC 22nuo( TASK 2: Geotechnical Survey 40,36 Lallo; SenlQr Inspector 80 80 2500 8S.00 119 6800\ PE Mob/DeMobiT ravel Expense Expensa Mileage Meals 04b 1112: 30 1080 ~:~:~::__________~w____________:~~~~~__________~~_______________~_~~__________________~~:___________________-~::~~ CPE Field Work 420 3,51 1.81)01 Senlorlnspeclol 420 8500 3 570 [) .____________~~_____________~~w______________w________________~w___________________~_____________________~__.------ ibraconng Subconsullant 18,50 Consl~lt::ln1 Consullant 10 I 8 ~)()O 0 ,------------------------------------------------------~----------------------------------------------------------- Grab Sample AnalysIs 100 1,60 t,,[XlI SerlH)f IlIspec(()r 100 8'.iOO 8500 [xoensc ~)i!jVC Anaiys,s 10 [) 7500 1500 .______________~______________________________________________________________w__________________w_________________ l.aD(J, ~)el1iol Inspector 114.0 13,66 40 0 8:)00 3.40;]() 4U U B ~j [) 0 3400()( ),1 I) 65,;0 2 }1U () 4(\0 i500 ,CQOO Sediment Sample Analysis L.dUor ~>'i'li()1 rnS08ctur Li-l()()r !lspector SreveAnalysls t:::)\pon5,,' ~:~:~::___.___.____.___________:~~~~~~~~~~:~~~:____.____________________________.____~~_:__________._._____~~~~:3~ 2009 Carbonate Analysis 40 1,84 Labor Senior Inspector Carbonate Analysis 40 200 B5.0D 3400 15000 Expense TASK 3: Product and Report Development 66,0 7,10 L,lbor PrOject Manager 40 1480() LJbor SenlOI Englnecl 20 15500 5920 3100 ,2000( 40000( L.aFJor Lallor I.!i:.lnqer Designer 200 400 rlOOO 100lJ() CAC June 10, 2010 IX-1 Old Business 1016 6/1/2010 Peer Review direction as approved by the Clam Bay Subcommittee of the Coastal Advisory Committee at the May 20,2010 meeting. The Coastal Advisory Committee is committed to find a workable solution with PBSD on Peer review for the Clam Bay Estuary. Listed below are key discussion points from this meeting. 1. PBSD refocused the scope of the effort to address only the PBS&J report dealing primarily with data review, water quality program recommendations and data collection issues. This is acceptable to the Clam Bay Subcommittee but should not be the primary focus of the peer review effort The circulation modeling and development of a master management plan for Clam Bay are the critical activities that should be addressed. The Coastal Advisory Committee invites PBSD and the entire community to become involved in this more critical activity when it begins. 2. Since the scope of this peer review is focused now on Water quality and related issues, the key criteria in selecting a review resource should be someone with intimate knowledge of state water quality standards, the Impaired Water Rule, Total Maximum Daily Loads (TMDL's) and the impacts/standards for Dissolved Oxygen and Chlorophyll. This is the basis for all the conclusions and recommendations associated with Water Quality and the Water Sampling program. This criterion was omitted from the PBSD selection criteria and should be used as the primary qualifications in selecting a reviewer. 3. FDEP is the agency that is tasked with the Water quality management of the estuaries within the state. FDEP could evaluate this report and determine if the conclusions are valid and if the report was prepared in a professional manner. The Clam Bay Subcommittee of the CAC was not supportive of this option at this time. 4. Resources that the CAC believe are qualified to perform the Peer Review were left off of the list proposed by PBSD. In speaking with Keith Dallas, PBSD Chairman, it was not their intention to sensor or eliminate any CAC recommendations at this time. The key focus of our peer review should be the circulation modeling, analysis and recommendations moving forward. Care should be taken that the peer review of the water quality study performed by PBS&J does not sap the strength out of this future effort. With that in mind, The Clam Bay subcommittee of the CAC approved: 1. The list of consultants proposed by PBS&J. CZM staff will add to them our list (previously identified and others) and forward them to purchasing for proposal solicitation. 2. The modified PBSD scope of work as identified in the "Explanation of Changes from the 3/19/10 Draft" document Added back in will be the stipulation that water quality expertise will be the primary qualification in selecting a peer review professional for this portion of work. Peer review for other portions of work will be evaluated and selected separately. CAC June 10, 2010 IX-1 Old Business 20f6 3. Keith Dallas and Gary McAlpin to work together to develop the request for proposal document with purchasing Once the consultant list is prepared it will be the only individuals that can submit proposals. 4. Keith Dallas and Gary McAlpin collaborate on a proposal evaluation document that can be brought back and reviewed by our respective boards by next meeting. 5. Agree to target to have this activity complete and a proposal on the street by 6/15 CAC June 10, 2010 IX-1 Old Business 3 of 6 Clam Bay Estuary Peer Review Scope of Work March 15, 2010 March 19,2010 - Rev. 1 Backaround During their regular December 15,2009 meeting, the Board of County Commissioners approved an independent peer review of the work required to complete the development of a comprehensive management plan for the Clam Bay Estuary. Specifically, that an independent peer review, of the Clam Bay Water Circulation/Flushing Modeling Program and the Clam Bay System Data Collection Analysis Report recently completed by PBS&J be performed by a recognized expert. This expert, jointly selected by Pelican Bay Services Division and Coastal Zone Management, will be from an academic/university background and not directly involved with any consulting firm The review of the Clam Bay Data Collection and Analysis Report is proposed to be conducted early in the development of the flushing/circulation model. It is also recommended that the cost of this effort and any future phased peer review be split between the Pelican Bay Services Division and Coastal Zone Management Consideration Development of a management plan for Clam Bay will involve a number of critical sciences not usually resident in one individual expert. Among others, these disciplines would involve water quality, coastal engineering, marine biology, modeling, geology and coastal management to name just a few. In addition, they must be knowledgeable with state rules and regulations to be successful. This must include involvement in issues related to FDEP's existing state water quality standards, the use of the Impaired Waters Rule (IWR), and experience with the Total Maximum Daily Loads (TMDL) program. These three issues - state water quality standards, the IWR, and the TMDL program - are absolutely critical. Familiarity with all three and the implications of such are the most important issue here If they don't know about those three programs - then they're probably not right for the peer review process. Also critical to the success of this review would be a track record in managing estuaries of a similar nature in Southwest Florida and no prior history of involvement with our community. Consultants have been ruled out due to the competitive nature of the consulting business. Stand alone academics although initially recommended, lack the array of technical expertise required along with the practical track record of managing estuaries in SW Florida. For these reasons, we have reconsidered this requirement CAC June 10, 2010 IX~1 Old Business 40f6 There are three national estuary programs in SW Florida that have the technical and practical expertise to evaluate our program, guide us and make recommendations. These programs are . Charlotte Harbor National Estuary Program run by Judy Ott . Sarasota Bay National Estuary Program run by Dr Jay Leverone . Tampa Bay Estuary Program Run by Ed Sherwood Each of these programs is separate and distinct from each other. They are EPA sponsored and have developed the science necessary to develop their estuary programs. They are not associated with Collier County and are usually funded by a combination of USEPA, FDEP, local Government and the WMD. Each of these programs has also developed biological, water and overall estuary health diagnostic studies in the management of their estuary. The added benefit of working with one of these programs is that only expenses, no fees or certainly reduced fees might be possible. In researching this topic two other individuals were highly recommended. They are: . Dr Ernie Estevez a Estuarine Ecologists with Mott Marine and . Dr. Loren Coen, the Executive Director of Sanibel-Captiva Conservation Foundation Both this individuals do not run estuaries but have extensive experience in conservation issues within the SW Florida environment. Unfortunately, Dr. Estevez has elected not to participate with us because of the political dynamics involved. Considerable concern was expressed at the last Clam Bay subcommittee meeting held on 3/17/2010 by the Pelican Bay community if these programs and individuals have had an acquaintance and working relationship with Dr. Dave Tomasko and/or PBS&J. The Pelican Bay community is concerned that as a result of any relationship, objectively would be compromised. I can only indicate that since these are all nationally recognized programs and Dr. Tomasko is a nationally recognized expert, both are known to each other. Since we want the highest degree of expertise available, I can assure you that this will probably be the case with any experts that are selected. Since the PBSD will jointly select the peer review resources, I would expect that this would be discussed and resolved during the interview process. Activities to be performed durin!! the Peer Review Process Two items were specifically identified to be performed during peer review. They are: 1. Review, analysis and critique of the Data Collection and Analysis report dated October 2009 performed by PBS&J. 2. Review, analysis and critique of the water circulation/flushing modeling program to be performed by PBS&J. Additionally, the selected is peer review individual/firm may be used to review and critique the development of the management plan f jointly agreed to by all parties concerned. CAC June 10, 2010 IX-1 Old Business 50f6 Recommendation Staff and the Clam Bay subcommittee of the CAC are recommending that these individual along with those presented by the Pelican Bay Services Division be given the opportunity to submit credentials in response to a solicitation by the Collier County purchasing department. Only pre-identified candidates will be allowed to submit proposals for evaluation. Proposals will be jointly evaluated and must be acceptable to Collier County Coastal Zone Management ICAC and the Pelican Bay Services Division. CAC June 10, 2010 IX~1 Old Business 60f6 e.~~ COLLIER COUNTY GOVERNMENT Pelican Ba) Services DivisiOIl so 1 L;llIrl'1 (),1"- I hi \l' . 'ulll' ()l!'i . ~dple". I'll )J](lii ."\.j I us . i ~y); :;tJ"' \ ';~q . f';i\ ; 2,Q) )')7 '.+-"lI2 June 8, 2010 Gary McAlpin, Director Collier County Coastal Zone Management Department 3301 Tamiami Trail East Naples, FL 34112 I< E: Clam Bay Estuary Peer ReView Scope oj Work Dear Mr McAlpm This letter is in response to your email regardmg the Clam Bay Estuary Peer I<eview Scope of Work, dated June 2, 2010. The Pelican Bay Servire Division appreciates the work the Coastal Advisory Committee has done to date and is also committed to find a workable solution with CAC on the Peer Review of the Clam Bay System Data Collection aod Analysis Final Report completed October 2009 by PBS&J and its associated historical data This response is formatted to respond to the live speone items delineated in your June 2 response: 1, We agree that PBSD and CZM will each individually recommend lists of potential consultants to be forwarded to Purchasing tiJr proposal solicitation. It IS agreed that only Individuals on such consultant list produced by Purchasing can submit proposals, 2 The PBSD suggests that to properly review the final PBS&1 report and associated hlStoncal data in its entirety; the reviewer must have hroader knowledge than just water quality expertise. Therefore, we recommend our earlier language of "water quality, marine biology, modeling/hydrology. geology, and natural estuary/ecosystems'. remain in the Scope of Work. 3. In an effort to maximize the coordination between the PBS!) and CAC and to move this project along as quickly as is feasible, we propose that a joint committee of the chairmen of the PBS!) and Clam Bay Subcommittee of the CAC along with our respective administrators (Messrs Pires, McAlpin, Dallas and Dorrill) work together with Purchasing to develop the request for proposal document. 4. We also recommend that the 4 individuals above collaborate on a proposal evalnation method that can he brought back and reviewed by 0111' I.espeerive boards at the earliest possible date. 5. Unfortunately because the response from CZM was only receIVed the day before our last PBS!) meeting (and due to County email problems, first seen by some Board members at the actual meehng), the June 15th deadline is not feasible, However. we do wish to see this process wrapped up as quickly as is practical. I wish to thank CAC anel you for your efforts, We look forward to slIccessflllly completing thIS project aod diSCUSSing future projects. 1 t<,{'lth i D~lll;:ls, Lhairmdil Pelican Bay Services Division Board ~. c:::.: " f.. f . ~ _..~~0.~_....__0_-. ......-...."'._..., C', Florida Fish and Wildlife Conservation Commission Commissioners Rodney Barreto Cnair Miami Richard A. Corbett Vice Chair Tampa Kathy Barco Jacksonville Ronald M. Bergeron Fort Lauderdale Dwight Stephenson De/ray Beach Kenneth W. Wright Winter Park Brian S. Yablonski Tallahassee EkEtCutlve Staff Nick Wiley Executive Director Greg Holder Assistant Executive Director Karen Ventimiglia Deputy Chief of Staff Division of Law Enforcement Colonel Jim Brown Director (850)481>6251 (850)921-6453 FAX Managing fish and wildlife resources for their long.term well.being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearin~speech impaired: (800) 955-8771 (T) (800)955-8770 (V) MyFWC.com CAe June 10, 2010 IX-2 Old Business 1 of 8 May 21, 2010 Pamela Keyes, Environmental Specialist Collier County 3301 East Tamiami Trail Naples, Florida 34113 RE: Infonnation Markers Clam PasslBay - Pennit 09-021 - CoUier County Dear Ms. Keyes: We are in receipt of your Florida Uniform Waterway Application requesting permission to install nine (9) information markers within Clam Pass. Your application was received by the Boating and Waterway Management Section on April 26, 2010. Based upon the information provided, your request for nine (9) information markers to be posted in Clam Pass is approved and subject to the following conditions: 1. Permit number 09-021 is contingent upon the consent of, and if necessary, the issuance of appropriate permits from the United States Coast Guard (USCG) and the Army Corps of Engineers (USACE) authorizing the placement of structures for support of the uniform waterway markers. 2. This permit requires Collier County to place nine (9) Uniform Waterway markers exactly as indicated on the attached marker list. Each marker(s) shall be consistent with the Florida Uniform Waterway Marking System format. Permit number 09-021 must be displayed on the marker in black block characters measuring at least one (I") inch in height. (Graphic Included) 3. Placement of markers associated with permit number 09-021 must be as requested in the application submitted to our office by Collier County. Any deviation in the placement of markers will require Collier County to apply to have the permit amended to reflect any change in the placement of markers. Collier County must adhere to all of the conditions specified in rule 68D-23.106, Florida Administrative Code, a copy of which is enclosed with this permit letter. 4. All uniform waterway markers authorized under this permit must be maintained in proper condition at all times. Collier County must immediately report and correct any discrepancies of any marker to this office by calling (850) 488-5600 or by facsimile at (850) 488-9284. 5. Permit number 09-021 does not authorize the invasion of private rights, nor grant any exclusive privileges. nor does it obviate the necessity of complying with any other state. federal, or local laws and regulations 6. By accepting permit number 09-021 and placement of the uniform waterway markers, Collier County does hereby, to the extent authorized by law, agree and promise to hold harmless the State of Florida, its employees, agents or successors, from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance, operation, and removal of any and all markers placed by Collier County pursuant to this permit. Collier County agrees to indemnify the State of Florida for all legal fees and costs incurred in defense of any suit brought against the State because of alleged Ms. Keyes Page 2 May 21, 2010 CAe June 10, 2010 IX-2 Old Business 2 of 8 negligence by Collier County in the placement, maintenance, operation, or removal of the uniform waterway markers. (nongovernmental applicants only) 7. Violation of any provision of this permit shall result in the revocation of the authorization to place uniform waterway markers in, on, or above waters of this state. 8. Pursuant to Section 68D-23.IIO, Florida Administrative Code, (Inspections and Certifications); Collier County is required to inspect all markers triennially and maintain inspection documentation. Failure to inspect and maintain documentation of the results of a marker inspection is grounds for rescinding this permit. FWC mav reQuest a copy of the inspection documentation in May 2013. If you have any questions. please call at 850-410-0656, extension 17376 or rvan.moreau @mvfwC' .c~)tn. Sincerely, ~~ Mr. Ryan Moreau, Planner Boating and Waterways Section Division of Law Enforcement Inn Enclosures: cc: 68D-23.IIO, FAC 68D-23.106, FAC Graphic Marker List Robert Diffenderfer, P.A. Lucy Blair, DEP Tim Rach, DEP Joe Embres, USCG R Y AN201 O/COLLIERJCLAMPASS2.DOC CAC June 10, 2010 IX-2 Old Business 3 of 8 CAC June 10, 2010 IX-2 Old Business 4 of 8 RULE NO: RULE TITLE 680-23.106: Permit Conditions (1) All markers must comply with the following requirements and all permits issued pursuant to this chapter are subject to the following conditions: (a) Placement of these markers must be as requested in the application. Any deviation will require that the applicant apply to have the pennit amended. (b) The applicant must display the permit number (except as provided below) on each marker and the ordinance number, code section number, statute number, regulation or rule number (etc.) on each regulatory marker. These numbers must be displayed in black, block characters approximately one inch in height. I. On all regulatory markers, the permit number must be displayed in the lower left corner on the face of eacb regulaton' .mark.er. The ordinance number, code section number, statute number, regulation or rule number (etc.) must be displayed in the lower right comer on the face of each regulatory marker. 2. On all markers other than regulatory markers, the permit number must be displayed on the marker at any location on the marker where it can easily be read, including the reverse side of a sign, provided that it does not interfere with the message of the marker. 3. Informational markers placed by counties, municipalities, or other governmental entities on inland lakes and their associated canals are exempt from permitting under this rule. Such markers, if not permitted. must display in lieu ofa permit number, the name of the county, municipality, or other governmental entity that placed the marker. (c) Upon completion of the installation of markers, the applicant must notify the Boating and Waterways Section in Miting within 30 days. If the latitude and longitude oreach marker, as installed, is different from that listed in the application, this notification must include the correct latitude and longitude in degrees and decimal minutes as installed and the datum in which the coordinates are expressed. (d) All markers must be maintained in proper condition at all times. A discrepancy exists whenever a marker is not exactly as described in the approved application or is destroyed, damaged, moved, or is othenvise unserviceable or not watching properly. The applicant must immediately report any discrepancy in the marker to the Boating and Waterways Section by telephone, telefacsimile or other similarly rapid means of communication. Unless the applicant's permit expressly provides for a longer period, the applicant must correct any discrepancy within not more than 30 days and must notify the Boating and Waterways Section when the correction is accomplished. (e) Authorization by the division for the placement ofa marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other federal, state or local laws or regulations. (f) All permits issued pursuant to this chapter are contingent upon the consent of and, if necessary, the issuance of appropriate permits by the United States Anny Corps of Engineers authorizing the placement of structures for the support of the proposed markers. Consent may be by nationwide permit, regional permit, letter permit, authorization letter, statement of no objection, or other similar means. (g) All permits issued pursuant to this chapter are contingent upon the consent of and, if necessary, the issuance of appropriate permits by the United States Coast Guard authorizing the establishment of private aids to navigation pursuant to Part 66 of Title 33 of the Code of Federal Regulations. (h) It is unlawful to place markers, buoys, or signs on submerged lands, or other property or structure not CAC June 10. 2010 IX-2 Old Business 5 of 8 owned by the person or governmental entity placing them without first receiving the written consent of the owner of the submerged lands, other property, or structure to the placement of said markers, buoys, or signs. For markers, buoys, or signs placed pursuant to a permit issued under this rule, the permit is contingent upon the applicant providing a copy of such consent to the Boating and Waterways Section. (i) By accepting any permit and placing the markers authorized therein, the applicant other than a governmental entity, to the extent authorized by law, agrees and promises to hold harmless the State of Florida and its agencies, employees, agents, or successors from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance, operation and removal ofaoy and all markers placed by applicants pursuant to such permits. The applicant other than a governmental entity further agrees to indemnify the State of Florida for any and all legal fees and costs incurred in defense of any suit brought against the State as a result of alleged negligence by applicant in the placement, maintenance, operation or removal of the markers. (j) Applicants for permits to place regulatory markers or the governmental entities establishing the rules, ordinances, or other actions imposing the regulations must provide for the enforcement of operating restrictions noticed by said markers. (2) Additional conditions for regulatory markers. (a) All regulatory markers must be supported by a statute, special act, rule, regulation, ordinance, order, or other similar regulatory instrument which imposes the restriction displayed on the marker. (b) If the regulatory instrument supporting a regulatory marker is amended or ifit is repealed, rescinded, revoked, or otherwise becomes a nullity, the permit holder must within 30 days notify the Boating and Waterways Section of the change and must also: 1. In the case of an amendment to the regulatory instrument, the file and amended permit application showing the markers that will be removed, replaced, modified, or added in order to implement the amendment to the regulatory instrument. 2. In the case of the repeal, rescission, revocation, or other nullification of the regulatory instrument, remove from the waters of this state and the shores thereof all regulatory markers implementing that regulatory instrument. (3) The division and its officers and all other law enforcement officers charged with the enforcement of Chapter 327, F.S., have the authority to remove or cause the removal of any marker found in violation ofthe conditions imposed under this section or otherwise imposed in the permit authorizing the placement of the marker if the violation is not corrected within 30 days following notification of the permittee of the violation. History Notes: Specific Authority 327.04,327.40,327.41 FS. Law Implemented 327.40, 327.41 FS. llistory-New 12-23-01, Amended 10-5-06. CAC June 10, 2010 IX-2 Old Business 6 of 8 68D-23.110 In.pedlon. and Certillcation. (1) Each person holding a permit to place and maintain one or more markers must inspect all markers for which the permit was issued triennially. (2) The required inspection must be documented in writing and must include the following: (a) The name ofthe permit holder and pennit number of the markers heing inspected; (b) The name of the person or persons currently responsible for the placement and maintenance of the markers; and (c) A photograph of each marker taken in close enough proximity to legibly show all symbols, borders, and letters and numbers, including the text of any message, the permit number, and the ordinance number, code section number, statute number, regulation or rule number, (etc.). For marker installations with two or more signs, a sufficient number of photographs must be taken to legibly show the information on each sign. Digital photography is acceptable for this purpose. Photographs must be labeled with the location of the marker depicted and the date the photograph was taken. (d) A statement certifying that the markers placed pursuant to the permit have been inspected during the ninety days preceding the statement and that: 1. The markers are properly maintained and in serviceable condition; 2. The markers cd'nfonn to the requirements of this chapter; 3. The markers are still properly on station; and 4. The date or dates on which the markers were inspected. (3) The permit holder must maintain the inspection documentation until it is replaced by a subsequent inspection and documentation. Failure to inspect a marker and to maintain documentation of the results of the inspection during the specified time period is grounds for rescinding the pennit authorizing placement of the marker and for removing or ordering the removal of the marker. (4) Dayboard and buoy surfaces and dayboard backing materials will deteriorate because of the effects of weathering. Wind, rain, freezing temperatures, and sunlight cause delamination (separation), cracking, peeling, and fading. Attention must be given to these conditions during inspections. (a) Markers will be considered discrepant under the following guidelines: 1. Backing materials. Delamination of the plies on a plywood dayboard backing must not effect mOTe than 25 percent of the surface area. Any warpage must not visibly detract from the signal or message presented to the mariner. The backing must not be softened or otherwise deteriorated around the mounting points to a degree that the board could come loose in a storm typical for the area in which the marker is placed. 2. Elastomeric films, numerals, letters, symbols, and borders, Delamination of films and retroreflective markings on dayboards and buoys must not affect more than 10 percent of the surface of the material. Films and retroreflective markings must not be cracked, checked, weathered, or abraded so as to have a dull or roughened surface. Peeling of the film or markings from the dayboard or buoy must not affect more than 10 percent of the surface area. Letters, numerals, symbols, and borders must not be faded or weathered so as to visibly detract from the signal or message presented to the mariner. (b) A dayboard or buoy must be replaced if any of the deteriorations noted above is observed or, if for any reason, it cannot function as intended (including significant fading or other discoloration) until the next regularly scheduled inspection, Onsite repairs are permitted if they do not interfere with or detract from the intended signal function of the marker. (5) All discrepancies documented during an inspection must be reported to the Boating and WatelWays Section and corrected within 30 days. as provided in paragraph 680-23.106(1 led). P.A.C. Specific Authority 327.04,327.40,327.41 FS. 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