CBMDG Minutes 05/17/2011 •
MIRO/MEI:MAL POLICY ADVISORY BOARD
Minutes of November 24, 1992
Present: David Addison Gary Beardsley David Land
David Maehr Stephen Means Larry Richarson
Robert Duane Mike Davis Nancy Payton
Staff: Bill Lorenz Fran Stallings Kevin Dugan
Dick Hartwell Mercedes McCallen Mac 'Hatcher
Jennifer Steiger Doug Suitor Gail Gibson
David Brutcher Steve Preston Bob Blanchard
Barbra Prynoski
Public: Virginia Corkran Chris Straton Sidney Maddox
1. Minutes were distributed, but not approved. Bill Lorenz
pointed out to members that the minutes will be titled draft
until they are approved by EPTAB.
Under Old Business, Fran Stallings discussed the proposed Clam
Bay Ordinances to restrict motor driven vessels in the Clam
Bay system to areas not containing seagrass meadows. This is
a recommendation of the Coastal Zone Management Plan which
will also serve as a NRPA.
Bill Lorenz made a presentation on high recharge areas. The
interaction was based on a SFWMD model and data gathered over
a 35 month period. The presentation included a cost
effectiveness discussion. A brief presentation by Steve Means
discussing the possibility of increasing recharge on site was
requested for the Dec. 7th meeting. EPTAB was also requested
to be prepared to recommend a policy statement by Jan. 93.
Bob Blanchard, Long Range Planning, gave a brief presentation
on the benefits of using the GMP Amendment process to adopt
the proposed NRPA's. •
3 . Under New Business, items recommended for discussion at the
December 7, 1992 meeting:
a. Steve Means additional costs to develop for increased
recharge.
b. Habitat Protection Ordinance changes made by legal
department.
Seagate Property Owners Association, Inc.
P.O. Box 630044
Naples,FL RECEVEID
yr
December 5,1992 DEC .0 9 19992
Mr. Michael J. Volpe, Chairman Board of County Conn i ss i oners
Board of County Commissioners
Collier County Government Center
3301 Tamiami Trail East
Naples, FL 33962
Re: Coastal Zone Management Plan
Dear Chairman Volpe:
You may recall at the June 3rd Commission Hearing on the Coastal Zone
Management Plan there was lengthy discussion on elements concerning boating on the
Clam Bay system. The residents of the Seagate community were alarmed and angered
that County staff was proposing to prohibit motor boats in the bay, cutting off access to
the Gulf of Mexico. Fortunately, you and your fellow Commissioners agreed the plan
was overly restrictive and instructed that the plan elements provide for continued motor
boat access through the Clam Bay / Clam Pass system. You also told staff to keep us
advised of further developments on this item.
Since the Hearing I have not received any calls or correspondence from the
County staff so I could keep Seagate residents advised on an issue of extreme interest .
At least that was the case until Friday (December 4th) when I came across the a copy of
the November 24,1992 minutes of the Environmental Policy Advisory Board. The
minutes note(item#2) that Fran Stallings is presently working on Clam Bay Ordinances
that will effect Seagate.
It appears to me that the County staff has shown little desire or sensitivity to
work with our Seagate community to create the plan or ordinance that achieves a balanced
and mutually beneficial end product. We are eager to be part of the solution and would
appreciate the opportunity to sit down with the staff to discuss before the "omelette is
made".
Very truly yours,
C;iLea,
tit //. If
David W. Caldwell, President
reply: 5182 Sanddollar Lane,Naples 33940
263-3346 home, 947-2600 work
,_. 62.a.1-dolKal&s, Foard, Fa-mwu:lieine/Ai c s
3301 East Tamiami Trail • Naples, Florida 33962-4977
John C. Norris (813) 774-8097 • Fax (813) 774-3602 c% -,„„• 4
District 1
()US'
Michael J. Volpe
District 2
Timothy J. Constantine
District 3
Burt L Saunders EC/IF-ID/MENTAL SERVICES J ROUTING
District 4
Bettye J. Matthews DATE;
District S / Z.—
December 16, 19.2`.CTnON:
ii,. ,,
s.
„,--------7----------5f INFO: rl !'
Mr. David W. Caldwell • '1 ��
President , w
Seagate Property Owners Association, Inc. F0-3: .A, /,,,vz
5182 Sanddollar Lane
Naples, Florida 33940 �~ `'
f_$L- -
Dear Mr. Caldwell: *
Thank you for your recent correspondence with suggestions in regard t
to the Coastal Zone Management ement Plan. As your Commissioner, I make 17' `
it a priority to _assist in any way possible within the jurisdiction I --
of my elected office.
By copy of this letter, I am asking Environmental Services
Administrator Bill Lorenz to respond to your letter and the concerns
you have expressed.
Again, I appreciate you bringing this matter to my attention. If you
believe my office can be of further assistance, or if you need my
help with any other matter, please feel free to call my office.
ery itrui f yours,
\/1-4
. . ( t\) 4-4
Michael"J.i Volpe, Chairman
Commissioner, District 2
MJV:cfd /
cc: Administrator Bill Lorenz
Submitted to the CLam Bay Waterway Markers Discussion Group 5/17/11
by the Sierra Club, Calusa Group
UPDATED RECOMMENDATIONS FOR CLAM PASS/CLAM BAY WATERWAY MARKERS
BENEFITTING SAFE RECREATION COMPATIBLE WITH NRPA* DESIGNATED USES:
1) Retain the existing Clam Pass Canoe/Kayak Trail and add one or two additional
canoe trail markers within Clam Pass.
This adds benefit for those paddlers who rent kayaks/canoes from Clam Pass Park
concession and then launch within Clam Pass.
This retains benefits that the existing canoe trail provides thousands of Collier
County residents and supports eco-tourism for visitors to Clam Pass Park from other areas.
Improvement to the existing canoe trail is compatible with the designated uses of
the Clam Pass/Clam Bay waterways, mangroves, etc. as conservation/preservation of
habitats that support wildlife and recreation that's compatible with the NRPA Preserve.
2) Implement the addition of NEW Information Markers to better protect ALL Clam
Pass/Clam Bay waterway users.
Examples: Local Knowledge Required - Shallow Waters
Keep Alert - Watch Out for Boaters and Swimmers.
Shoals/Tidal Flats
Seagrass areas.
3) "Status Ouo" remains for the Seagate residents with motorboat use that's limited by
the natural conditions of the Conservation/NRPA Preserve waterways,
Status Quo access to the Gulf of Mexico would continue through the small dynamic
tidal exchange of Clam Pass.
Status Quo access to shallow lagoons and creeks would continue through existing
meanders, tidal flats, shoals, etc. and avoid damage to mangroves and seagrass.
4) All permits authorizing activities within the Clam Pass/Clam Bay system will be
consistent with continued restoration and maintenance of the mangroves ecosystem.
A healthy sustainable mangroves ecosystem for wildlife that provides compatible
safe recreation and eco-tourism is the goal for recreation related projects..
SUMMARY:
Waterway markers are for the safety of ALL waterway users while being consistent with the
environmental restoration permits which authorize construction/maintenance of channels
within the Clam Pass/Clam Bay Conservation NRPA Preserve that are done for environmental
restoration and sustainability of the mangroves and associated wildlife. Waterway markers
improve safety for recreation that's compatible within the Preserve. Both uses support eco-
tourism.
*NRPA stands for Natural Resources Protection Area designation (applied to Clam Pass/Clam
Bay Coastal Barrier Resources in 1995 by the Collier County Commission).
6B • Friday,May 13,2011•Naples Daily News I
EDITORIALOPINIONi)
Guest commentary i
Push for Clam Pass markers isn't about safe
tY
By Ted Rafa,M.D. permit to install the canoe trail markers sponded as follows:"Yes,the placement
Pelican Bay and said in a letter to the U.S.Army Corps of the non-lateral information signs and
of Engineers:"The reason for the permit the canoe trail markers by the PBSD
The preparation for the 10-year Clam is twofold.First is to provide a marked does satisfy the requirement referred to
Bay Restoration and Management Plan trail for the canoers and kayakers that in the Department of the Army permit.
permit,like all Pelican Bay frequent the area. The mangroves can No,the corps'definition of navigability
Services Division(PBSD) ,. be confusing and having a numbered does not require the placement of lateral
meetings,was publicly no-. line of sight system of markers will help navigation signs that denote safe passage
ticed and open-to all,in- $ the paddlers to travel through the area as defined by National Oceanic and At-
cluding Seagate residents. in a safe and comfortable manner.These mospheric Administration(NOAA)for
This took place from 1996 -3,- _ markers will also delineate the dredged navigability*
to 1998. portion of the trail from Outer Clam Bay In ite this clear statement by the I
Consultants at first sum north to the pass. corps, in March 2010 Collier County
gested that power boat- Raja "Marking this dredged channel is a again requested authorization to install
ing should be restricted to commitment of the Clam Bay Restoration red/green dayboard markers and buoys
south of the public boardwalk. Seagate and Management Plan which was autho- "to come into compliance with the U.S.
residents protested and the boating rights rized by the corps and the Department ,may Corps of Engineers permit."•
• of Seagate were maintained with a re- of Environmental Protection,and these This is not about safety If Seagate
quirement that there be"idle speed"and markers will fulfill that commitment." residents were concerned about safety,
"no wake"signs appropriately placed. The permit was issued in March 2000
However,the plan clearly stated there and states:"All canoe markers authorized designation "non-navigable"have NOAA efrom the
would be no increase in navigation and under this permit must be maintained ?
the status quo would be maintained. in proper condition at all times.Collier Clam Pass chart?Does area klesi n t d for
In 2008,when all were rejoicing over County must immediately report and power boats in an area-designated for
success of the plan,Seagate residents pro- correct any discrepancies..." passive recreation promote safety.This
is about getting a deep water channel to
tested that the PBSD was not in coznpli- In 2008 the PBSD noted several signs
ance because it failed to install required were missing in the circuitous channel the Gulf and quadrupling the value of
lateral red/green navigation markers. and others were poorly visible due to Seagate homes.
They interpreted the following clause corrosion.The PBSD ordered and paid Why is the county supportive? The
in the permit:"Finally the main channel for12 new signs.The county forbade their county would like to convert this conser-
will be marked in accordance with the installation in violation of the permit. vation gem into a sand pit.If the county
requirements imposed by the U.S.Coast In a DEP memorandum of June 2008 to installs the red/green navigation signs,
Guard to ensure that those who use the the coastal zone manager,the county is it would be responsible for maintain-
system clearly know where'the channel advised:`"The required signage intended safe passage by dredging a channel
is and the prohibitions against operating by the permit is specified within the a nrinimal draft of five feet at mean
their watercraft outside the same," to permit,and it is clear that the intent of low tide. The authorities, not Pelican
mean that red/green navigation markers the permit was environmental'enhance- Bay,will not allow red/greennavigation
had to be installed. • ment rather than navigational enhance- markers.
" This clause refers to information and ments." Now the county wants to claim when-
regulatory signs,not to lateral navigation In May 2009 the county attorney sent a ever the depth of the pass.drops below
signs. Lateral navigation signs do not letter to the corps stating that the PBSD five feet it must dredge for the health of
prohibit you from doing anything.They is a dependent branch of Collier County the mangroves.The claim is false.
only mark a safe channel. and as such is not authorized to bind the-
Unfortunately, the county supported county commissioners with regard to any Raia is a retired Army radiologist.He c om-
Seagate,and when the PBSD insisted on issues.The county wanted to effectively mended the 46th Combat Support Hospital
the correct interpretation, the county prevent the PBSD from providing factual in the first Gulf War and was chairman of
removed the PBSD from responsibility information to the authorities.However, the Department of Radiology at Walter Reed
for Clam Bay.. this did not prevent individuals from Army Medical Center,when he had trained.
Back in 2000, the PBSD requested a writing,and in June 2009 the corps re- He retired in 1997 and lives in Pelican Bay.
TIMELINE ESTABLISHING DESIGNATED USES FOR CLAM PASS/CLAM BAY
PRIMARY DESIGNATED USE related to the purpose and function of the Clam Pass/Clam Bay
area for Conservation, Preservation, and Protection of natural resources therein was
established by the following_
1) In the 1970s-Collier County enacted zoning ordinances for the Coastal Area Planning District. Ordinance
76-30 recognized environmentally sensitive lands(including wetlands,estuaries and water areas)and zoned them
as Sensitive Treatment(ST)with a process to discourage development by allowing increased development of
uplands IF ST areas were converted to Conservation/Preserve areas. The Pelican Bay Planned Unit Development/
Development of Regional Impact(PUD/DRI)proceeded pursuant to having obtained CONDITIONAL APPROVALS
(1977)that allowed 98 acres of coastal mangroves wetlands to be filled for use in the development by a required
conversion of the remaining 570 acres of ST lands into a Conservation Area. The requirement for the remaining
570 acres of undeveloped Clam Pass/Clam Bay coastal barrier segment to remain in its natural condition and
prohibit it from further development resulted in the Pelican Bay Conservation Area being established by a Granted
Deed with attached covenants and restrictions. It specified that 35 acres at the South end of the Conservation Area
would become a public park(accessed through the preserve)that included a 3/4 acre public beach. Another five
acres at the North end of the Conservation Area was also specified for a park to provides public beach access.
2) Between 1981 and 1982- Related to State and Federal approvals required for the Pelican Bay PUD/DRI, a
Department of Army Permit(79K-0282) authorized fill of 98 acres of Clam Pass wetlands that was predicated on
Special Conditions of the remaining undeveloped 570 acres being converted to conservation/preservation in
perpetuity. It specified inclusion of Upper, Inner and Outer Clam Bays,their connecting creeks,Clam Pass and
surrounding mangroves forests. It also prohibited dredging of Clam Pass except to keep it open to the waters of
the Gulf of Mexico.
3) In 1988-The undeveloped segment of the Clam Pass coastal barrier island (Conservation Area within Pelican
Bay PUD's boundaries)was recommended to be added to the Federal Coastal Barrier Resources System(CBRS)as an
Otherwise Protected Area. It was originally approved and recorded as FL-64P by the US Congress in 1988 and
1990. Additional related references in items 11-12 below.
4) In 1991-The Collier County Natural Resources Department(NRD)Coastal Zone Management Plan(CZMP-1991)
condensed a series of NRD Technical Reports into a comprehensive coastal zone planning guide. Various chapters
of it report the need to protect natural resources in the Clam Pass/Clam Bay Conservation Area. The CZMP-1991
was adopted by the BCC as a resolution and later by ordinance during 1992 and 1993. Draft ordinances were
recommended to the BCC by NRD staff to be consistent with specific CZMP-1991 sections. Several included
environmental protections in Clam Bay.
5)Ordinance 91-111 created the Pelican Bay Municipal Services Taxing and Benefit Unit(MSTBU)in conjunction
with the Pelican Bay Services District(PBSD)and an Advisory Committee with dual role for the both entities. Among
the Pelican Bay MSTBU/PBSD responsibilities and benefits is the maintenance(and funding for maintenance)of
conservation and preserve areas within Pelican Bay boundaries. A boundary map was attached which included the
Conservation Area of the Clam Bays,connecting creeks and surrounding mangroves forest. This ordinance was
later repealed and replaced by successive ordinances that described the Pelican Bay MSTBU /PBSD having the same
purpose as earlier ordinances, but that it was changed from an Independent District to a Dependent District.
6) In 1995-The BCC approved the NRD's recommendation to adopt Clam Bay as its first Natural Resources
Protection Area(NRPA). The BCC action stipulated that the Clam Bay NRPA had the same boundaries as the
existing Conservation Area within the Pelican Bay PUD.
7)Consistent with item#6 above,Collier County's Future Land Use Maps adopted the additional NRPA overlay
onto the Conservation Area overlay established by Collier County's acceptance(as Grantee)of the 1982
Conservation Easement Deed from the developer/owners of the Pelican Bay PUD/DRI.
8) The Collier County 1995 Manatee Protection Plan(MPP)stated Clam Bay had the richest seagrass beds in Collier
County(critical for manatee survival). Accordingly, the MPP recommended an Idle Speed/No Wake Zone
throughout the Clam Pass waterway system.
9) In 1998,Joint Coastal(JC)permits by FDEP and the USACE authorized the County's Pelican Bay Services Division
(PBSD)to begin long-term restoration of Clam Bay.The Clam Bay Restoration and Management Plan was attached
to the JC permits..The permits, management plan and implementation of authorized projects were funded by
voluntary Pelican Bay property assessments,an agreement by the WCI firm(successor to original Pelican Bay
developer/owners)to contribute up to one million dollars for Clam Bay restoration,and included limited transfers
of funds from the Collier County NRD Water Quality program and Exotic Vegetation Removal program(Fund 111).
10) In 1998, a Florida Administrative Court Case No. 98-0324GM ruling by Judge Meale interpreted certain
Conservation and Coastal Management Elements in Collier County's Growth Management Plan that NRPA's required
unequivocal protection of habitats which supported existing and potential uses within NRPA areas by wildlife.
11) In 2005 there was clarification of the boundaries of the Conservation Easement within the Pelican Bay PUD by
the Collier County Natural Resources Department(NRD)Staff to US Fish and Wildlife Services(USFWS)for the
Federal CBRS Clam Pass Unit fL 64-P.
12) On October 15, 2008, Public Law 110-419 adopted Florida Congressman Connie Mack's recommended
corrected map for Clam Pass unit of FL-64P. The corrected USFWS map identified the CBRS Clam Pass unit FL 64-P
to be located entirely within the existing boundaries of the Clam Bay NRPA and Conservation Area as the Otherwise
Protected Area(by Conservation Easement Deed)within the Pelican Bay PUD boundaries.
SECONDARY DESIGNATED USE related to a purpose and function for Passive
Recreation was established by the following_
1) The 1991 Coastal Zone Management Plan's(CZMP-1991)Inlet Management chapter had a substantial section
describing Clam Pass and its bays,etc. It recommended no motorized boating as a protective measure for the
natural resources within those waterways.
2) In 1995, the Collier County Manatee Protection Plan was adopted and sent to the State. It reported on Clam
Bay's seagrass beds,canoe docks,very limited motorboat use,and conservation easement restrictions.The MPP
recommended against any marina facilities ever being permitted in Clam Bay.
3) In 1995,"The Clam Pass Inlet Management Plan" was completed and Interim Report No. 1 was submitted to
FDEP It stated Clam Pass was essentially non-navigable and small boat boats had limited use of it.
4) Joint Coastal(JC)permits were approved in 1998 by FDEP and the USACE for the County's Pelican Bay Services
Department(PBSD)to begin long-term restoration of the Clam Bay mangroves forest.The 1998 JC permits had an
attached Clam Bay Restoration and Management Plan,by Collier County Commissioner Hancock's Mangrove Task
Force.
4) In the year 2000,the Clam Pass Canoe Trail permit was approved by the Florida Fish and Wildlife Commission
(FWC). PBSD records indicate that such markers were consistent with the Clam Bay Restoration and Management
Plan tp mark the dredged drainage channels in a manner that benefited recreational use of the Clam Pass/Clam
Bay waterways consistent with preservation and protection of the Preserve to not increase motorboat usage in it.
5) In 2010 a Consolidated Denial from Florida Fish and Wildlife Commission and FDEP was issued that rescinded
an earlier temporary approval of lateral aids to navigation because bathymetry data was recognized to show the
waterways were too shallow for a motorboat navigation channel.
JNCIDENTAL USE of Clam Pass/Clam Bay for motorized boating is annarent by afore-m noon d it ms r f r n ing.
primary and secondary established uses and additionally evidenced by the following_
1) On February 2, 2000,Collier County NRD Staff responded to Seagate property owner David Buser's inquiry on
dredging and installation of navigational markers in the Clam Bay system. The NRD letter informed him that Clam
Bay ranked low on all channel siting criteria,was not the type of area, had a conservation easement that prohibited
pilings and signage except some warning signs,and that dredging is prohibited in Clam Bay except at the pass to
maintain a connection to the Gulf of Mexico.
2) Collier County Boat surveys conducted periodically for the Parks and Recreation Dept. consistently reported few
motorboats in Clam Bay(docked in Seagate subdivision) Less than ten boats were identified at Seagate docks in
each survey. Mainly kayak and canoe use was consistently reported in Clam Bay. The 2010 boat survey identified
no changed boat use in Clam Bay from prior reports.
THE CD
PROVIDED/ACCOMPANIED
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Marker Discussion Group
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