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COLLIER COUNTY GOVERNMENT
Pelican Bay Services Division
ROl Laurel Oak Drive. Suite 605. Naples.florida -,410R. (2.19) 597-1749. Fax (2.19) 597-4502
September 9,2010
Mr. Leo Ochs, County Manager
Office ofthe County Manager
Collier County Government Center
3301 S. Tamiami Trail
Naples, Florida 34104
RE: Peer Review of Clam Bay System Data Collection Analysis Report by PBS&J
Dear Mr. Ochs,
Last December the Pelican Bay Services Division voiced our concern that the above
referenced Clam Bay water quality analysis may have inaccurate conclusions that would
cast the system or historical data in a negative manner and therefore could form an
unsuitable basis for future work on this critical environmental resource. At that time we
proposed and the County agreed to cosponsor a peer review of the report, using a jointly
selected independent recognized expert in the field.
Since that time we have attempted to work with Coastal Zone Management, the Coastal
Advisory Committee and it's Clam Bay Subcommittee to develop a Scope of Work document
defining the Peer Review process. During the last 6 months the Services Division has met
monthly to try to develop language that reflects the intent of our initial discussions. To
date we have worked enumerable hours through nine revisions of the language with CZM,
but seem to be no nearer acceptable language than we were several versions ago. CZM
started by substantially expanding the scope of work to be reviewed, then revised the
"independent recognized expert" criteria thus materially changing the focus of the peer
review, and has continually reinserted language we preferred removed.
At this point in time, we have reluctantly concluded we are at an impasse, and cannot
realistically go forward to jointly develop a timely peer review of the 2009 PBS&J Report
To go forward would only continue everyone's frustrations and does not seem to be
leading to a process that would reflect our initial intent
The Service Division does support the peer reviews of the PBS&J Report that have been
prepared to date, especially those of Kathy B. Worley, Environmental Science Co-Director of
the Conservancy of South West Florida, and Dr Harold R Wanless, Professor and Chair,
Department of Geological Sciences University of Miami.
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Page 2
We would like to thank you for your leadership in bringing this issue to the BCC's attention
last winter and regret that it could not be completed on a timely basis.
S~ . J)~
KeIth J. Dallas,~airman
Pelican Bay Services Division
Cc: Pelican Bay Services Division Board
Ms. Marla Ramsey
Mr. Neil Dorrill
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From: och.s_l
Senl: Tuesday. January 08, 200M I :26 PM
To: P_~:.H\.i "(_\Lt2!..!.u,:.LllJLI<;~:~",.".1111
Cc: ramsey_m; McAlpinGary
Subject: FW: Clam Bay Permit Follow-up
Good Afternoon John,
I wanted to close the loop with you relative to our recent meeting on Outer Clam Bay and the
Clam Pass permit Jim Mudd and I have discussed this and would like to take the following
approach:
All permits and permit applications will be m Collier County's name. This is county policy
and we need to follow the county policy. Please start work on extending the existing permit for a
period of one year as soon as possible. I understand that it should be fairly easy to obtain and
will only require a written request from us. I would ask that you prepare a draft letter from the
County Manager to the appropriate permitting authority to secure this extension. Additionally, I
understand from Gary McAlpin that new permit requests for the estuary mamtenance and
management will be issued from Ft Myers and that pass and beach work will be issued out of
Tallahassee.
.
. We will also set up a work group to address the ~ms presented in the Tomasko report I
am instructing Gary McAlpin to work with you and other stakeholders to make this happen. The
purpose of this work group will be to develop a "go forward" plan to insure that the Clam Bay
ecosystem be maintained or perhaps even further enhanced in the years ahead. My mtention
would be for this group to provide information and suggestions to elected and appointed officials
that will guide their decisions regarding potential governance, funding, resource allocations and
other policy considerations. In this regard, I have considered your recommendation to address
these issues under the auspices of a newly created water authority, a quasi-governmental taxmg
authority established in Florida statutes. In my assessment, this approach may be premature and
I would respectfully suggest that this decision would be considered along with others by the
policy makers after reviewing the information and recommendations offered by the work group.
My time frame is to resolve this over the next year Therefore, I have instructed Gary to proceed
in earnest to move thiS effort forward. Please give me your thoughts on thiS approach at your
earliest convenience.
John, I want to again commend you and the entire PBSD for the outstanding stewardship and
advocacy provided on behalf of the Pelican Bay community. I look forward to a continued
productive and collaborative partnership to our mutual benefit
Regards,
Leo
(v. C\ V{\;])
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('iA C- Yh ec+illJ.)
Department of
Environmental Protection
Lawton Chiles
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, FlorIda 31399~3000
Virginia B, Wetherell
Secretary
CERTIFIED - RETURN RECEIPT REOUESTED
December 15. 1998
Collier County - Pelican Bay Services Division
c/o BreIt Moore, P.E.
Humiston and Moore Engineers
10661 Airport Road N., Suite 14
Naples. Florida 34109
Notice of Permit Modification
Permil No. 0128463-001-JC, Collier County
Clam Bav Restoralion and LonQ- Term Management Proiecl
Dear Mr. Moore:
Your request to modify this permit has been received and reviewed by Department staff. The
proposed pennil modification is to authorize: (I) an alternalive upland spoil disposal area for
Cut # I; (2) an increase the width of channel Cut #4 through Clam Pass; and (3) allemative
pipeline corridors between the dredge culs and the disposal areas.
The proposed alternative disposal area lor CUI #1 is an upland undeveloped building site, to the
east of Clam Bay. The dredged material consists of a high percenlage of fine malerial and
organic matter and, because the material does not have any economic value, pursuant to Rulc 18-
2LOII(3Xc)2, F.A.C. no severance fees arc required. This disposal site was chosen to aVOId use
of the proposed spoil disposal area on the lanuward side of the beach dune. Department staff
considers the proposed new disposal area for CUI # 1 a preferred alternative 10 the previously
authorized disposal area for CuI #1.
/'
..9!..annel Cut #4 throug!> CI~ will_be_widene~,:, in)prove directional tidal,Jlow .Q.e.[Ween
_Clam Bay and t!t!tQulflli~..xico,I)epanment staff have reviewed the proposed charmel
widening and delermined that the change to the channel dimensions is not expected to have an
adverse effect on inlet processes and will improve tidal exchangc. The proposed dredge cuts tor
Cut #4 will not exceed the previously aUlhon.~ed dS:lhs of -4 ft. NOVD, ... :- . --~..c.,.
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The proposed pipeline corridors are located between each channel cuI and their associated
disposal areas and include pipeline placemenl through mangrove, open waler and weIland
habitat 111e pipeline required for lhe channel dredging will be relalively small, lighlweighl and
made of a flexible malerial which will enable manual placemenL Minimal mangrove trimming
"PrOfeCt, Comerve and MOllage HOI'dos En"Honm~m and U:JUnoi F\t'~()ilrCe~
f>"'iI~""" '~n(ll"d p,JUC'
--~-_._-~---_.__...-
Notice of Permit Modification
Collier COUDty - Pelican Bay Services Division
Permit No, OI28463-001-JC
Page 2
will be conducted pursuanllo the permit Specific CondIlion No. 7 to enable the conrraclor to
manually place the pipeline. The pipeline corridor and any associaled trinuning will be
designated by the approved wetland scientist and verified by Department staff.
The attached drawings reflect the above modificalion and shall supercede the associated permit
drawings (sheets 23, 24, 25, and 28).
After thorough review the staff has determined that the proposed alleration does not increase the
potential for adverse impact on the coastal system, public beach access seaward of the mean.
high water or nesting sea turtles and hatchlings and their habitat, and thaI the proposed alteration
does not reduce the design adequacy of the projeet. Since the proposed modification is not
expected to resull in any adverse environmental impacl or water quality degradation and is
expected to be of environmental benetit, the permit is hereby modified as requested. By copy of
this letter and the attached drawings, we are nOlifying all necessary parties of thc
modIfication(s).
'Ibis letter of approval does nOl alter the July 6, 2008 expiration date, olher Specific or General
Conditions, or monitoring requirements of the permit. TIus letter and accompanying drawings
must be attached to the original permit.
'Ibis permit is hereby moditied unless a sufficient petition for an administrative hearing is timely
filed under seelions 120.569 and 120.57, Florida Statutes, as provided below. The procedures
for petitioning for a hearing are sel fonh below. Mediation undcr Section 120.573, F.S., is not
available for this proceeding.
A person whose substantial interests are affected by the Department's action may petilion for an
administrative proceeding (hearing) under sections 120569 and 120.57, F.S. The petition musl
contain the information set fonh below and musl be filed (received by the clerk) in the Office of
General Counsel of the Departmenl at 3900 Commonwealth Boulevard, Mail Stalion 35,
Tallahassee, Florida 32399-3000.
/ -
Because the administrative hearing process is designed to redetermine final agency action on the
appliealion, the filing of a petition for an administrative hearing may result in further
modification of the pennit or even a denial of the appliealion. If a sullicient petition for an
administralive hearing or request for an exlension of lime to file a pelilion is limely filed, thIS
permit modIfication aUlomatically becomes only proposed agency aClion on the application
subject to the resull of the adminislralive review process. Accordingly, the applicanl is advised
nollO eonunence construclion or other activities under this pennil modification unlil the
deadlines noted below for filing a petilion for an administralive hearing ur requesl for an
extension of time has expired.
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Notice of Permit Modification
Collier County - Pelicao Bay Services Division
Permit No. 0128463-001-JC
Page 3
Under rule 62-110.1 06(4), Florida Administralive Code, a person whose substantial intercsls are
affected by the Department's action may also request an extension of time 10 file a petition for
an administrative hearing. The Departmenl may, for good cause shown, grant the request for an
extension of time. Requests for extension of time musl be filed with the Office of General
Counsel of the Department at 3900 Commonwealth Boulevard, Mail Stalion 35, Tallahassee,
Florida 32399-3000, before the applicable deadline. A limely requesl for exlension of time shall
toll the nmning of the time period for filing a petition until the request is acted upon. rfa
requesl is filed lale, the Department may still granl it upon a motion by the requesting party
showing thaI the failure to file a request for an extension of time before the deadline was the
resoll of excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed, olher
persons whose substantial interests will be affecled by the oulcome of the administrative process
have the right to petition to inlervene in the proceeding. Any inlervention will be only al the
discretion of the presiding officer upon the filing of a motion ill compliance with rule 28-
106.205, FAC.
In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), F.A.C., petilians for an
administrative hearing by the applicant must be filed within 21 days of receipl of this written
notice. Petitions filed by any persons other than the applicant, and other than those cntillcd to
written nolice under section 120.60(3), F.S., must be filed within 21 days of publication of the
notice or within 21 days of receipl of the written notice, whichever occurs first.
Under section 120.60(3), F-S., however, any person who has asked the Department for nolice of
agency action may file a petition within 21 days of receipt of such notice, regardless of the dale
of publicalion.
The pelitioner shall mail a copy of the petition to the applicanl al the address indicated above at
the lime of filing. The failure of any person to file a pctilion for an administralive hearing
within the appropriate time period s.hall conslitute a waiver of that person's righllO request an
administrative determinalion (hearing) under sections 120.569 and 120.57, F.S.
A pelition that dispules the material facta on which the Department's aCllon IS based must
contain the following informalion:
(a)
The name and address of each agency affected and each agency's file or
idenlificalion number, if known;
The name, address, and telephone number of the petitioner; the name, address,
and lelephone number of the petilioner's representative. if any, which shall be the
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(b)
Notice of Permit Modificatioo
Collier Coooty - Pellcao Bay Services DiviJlioll
Permit No. 012846J..()Ol..JC
Page 4
address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be alTecled by
the agency detenoinalion;
(c) A stalement of when and how the pelitioner received nolicc of the agency
decision;
(d) A statement of all dispuled issues of male rial fact. [flhcre are none, the petilion
must so indicate;
(e) A concise statemenl of the u1timale facts alleged, including the specific facts that
the petitioner contends wamml reversal or modification of the agency's proposed
action;
(I) A statement of the specific rules or staMes that the pellllOner contends require
reversal or modification of the agency's proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect 10 the agency's proposed
action.
A petition that does nol dispule the malerial facts on which the Depanmenl's aClion is based
shall state that no such facts are in dispute and otherwise shall contain the same information as
set forth above, as required by rule 28-106.301. F.A.C. Under seclions 120.569(2)(c) and (d),
F .S., a petition for administrative hearing must be dismissed by the agency if the pelition does
nol substantially comply with the above requirements or is untimely filed.
TIlls aClion is fmal and effective on the date filed with the Clerk of the Department wliess a
petilion is filed in accordance with the above. Upon the limely filing of a pelition this order will
nOl be effeclive unlil further order of the Department.
This permit modificalion constitutes an order of the Department. The applicant has the right to
seek judicial review of the order under section 120.68, F .S., by the filing of a notice of appeal
under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department
in the Office of General CoWlsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable
filing fees with the appropriate district coun of appeaL The nOlice of appeal must be filed
within 30 days from the date when the fmal order is filed with the Clerk of the Department. The
applicant, or any party within the meaning of section 373.l14( 1 )(a~, F.S., may alsu seek
appellate review of this order before the Land and Water Adjudicatory Commission under
section 373.114(1), F.S. Requests for review before the Land and Waler AdjudicaLOry
Commission musl be filed with the Secretary of the Commission and served on the Department
within 20 days from the date when the [mal order is filed with the Clerk of the DepaItmcnt.
.'
Notice of Permit Modificatioo
Collier County - Pelican Bay Services Division
Permit No, 0128463-001-JC
Page S
_~~ th~_~!!J!QJl.!!blic~~ti!l.ll of nOlje~.9( ~~ellCY llCli9.n Qf notice of proposed agency
aelion asJl!~eribed in rule 62,103.150, F.A.C., a person who has actual knowledge of the
agency aClion or has knowledge which would lead a reasonable person 10 conclude that the
Departmenl has taken final agency action, has a duty to make further inquiry within 21 days of
obtaining such knowledge by contacting the Department to ascertain whether action has
occurred. The Department shall upon receipl of such an inquiry, if agency aClion has occurred,
promptly provide the person with notice as prescribed by rule 62-103.150, FAC The
Departmenl does not require notice of this agency aelion to be published. However, the
applicant may elect to publish notice as prescribed in rule 62-103.150, F .A.C.. which constitules
nolice to the public and establishes a time period for submittal of any petition.
If you have any questions regarding this maner, please eontacl me at the lenerhead address or by
lelephone at (850) 487-4471, ext. 123.
Sincerely,
~~~~g
Robert M. B~~ P.E.
Professional Engineering Administrator
Bureau of Beaches and Coastal Syslcms
RMBlkjm
ec:
Todd Tunell, TWlell and Associates
Harry Huber, Collier County
Ted Brown, Akerman, Senterl1l1. & Edison, P A.
Michael Poff, Coastal Engineering Consultants
JOD Iglehart, DEP. South Disuict Office- FL Myers
DEP, Office ofGenetlll Counsel
Chip Clouah. U.S. Army COll>' of Engin"""
Mac Hatcher, Collier County Department of Natunll Resa"",..
Kyle Lucasz, Collier County- Pelican Bay Services Division
David Guggenheim, The Conservancy of SW Florida
Dan Spina. Save the Bays. Association
Kay Potter. Mangrove Action Group. inc.
DEP~ Bureau of Protected Species Management
File
FILING AND ACKNOWLEDGMENT
FILED, on this date, purSuanllO Seclion 120.52, Florida Statutes, with the designated
Dcpartmenl Clerk, receipt of which is hereby aclmowledged.
~^ j'J-/sq'(
Deputy Clerk Dale