CAC Agenda 03/08/2012Meeting Agenda and Notice
COASTAL ADVISORY COMMITTEE (CAC)
THURSDAY, MARCH 8, 2012 - 1:00 P.M.
BOARD OF COUNTY COMMISSIONERS CHAMBERS
THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER
3299 TAMIAMI TRAIL EAST, NAPLES
*Sunshine Law on Agenda questions
92012 CAC MEETING DATES
I. Call to Order
11. Pledge of Allegiance
III. Roll Call
IV. Changes and Approval of Agenda
V. Public Comments
VI. Approval of CAC Minutes
1. February 9, 2011
VII. Staff Reports
1. Expanded Revenue Report
2. Project Cost Report
3. Longboat Key - Update
VIII. New Business
1. Strategy on Beach Renouishment
2. RAI Comments for Wiggins Pass Straightening - Update
3. Marco Projects Timing
IX. Old Business
X. Announcements
XI. Committee Member Discussion
XII. Next Meeting Date /Location
April 12, 2012 Government Center, 3rd Floor
XIII. Adjournment
All interested parties are invited to attend, and to register to speak and to submit their objections, if
any, in writing, to the board prior to the meeting if applicable.
For more information, please contact Gail D. Hambright at (239) 252 -2966.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112,
(239) 252 -8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time.
Collier County Ordinance No. 99 -22 requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners) before the
Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the
Board Minutes and Records Department.
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO: Anthony P. Pires, Jr., Esq., Chairman
Coastal Advisory Committee Clam Bay Subcommittee
FROM: Colleen M. Greene, Assistant County Attorne �
DATE: March 18, 2010
RE: Sunshine Law and Agenda question
The issue presented is whether the Sunshine Law requires that an agenda be made available prior
to board meetings. In summary, the answer is no.
The Sunshine Law Manual (2009 Ed. Vol. 31) provides the following:
The Attorney General's Office recommends publication of an agenda, if available, in the notice
of the meeting; if an agenda is not available, subject matter summations might be used.
However, the courts have held that the Sunshine Law does not mandate that an agency provide
notice of each item to be discussed via a published agenda. Such a specific requirement has been
rejected because it could effectively preclude access to meetings by members of the general
public who wish to bring specific issues before a governmental body. See Hough v. Stembridge,
278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1 st
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 1, 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
TO: CAC Board Members
FROM: Gail Hambright, Accountant
DATE: December 1, 2011
SUBJECT: 2012 CAC Scheduled Meetings
Please mark your calendar for the following 2011 CAC scheduled meeting dates:
January 12, 2012
February 9, 2012
March 8, 2012
April 12, 2012
May 10, 2012
June 14, 2012
July 12, 2012
August 9, 2012
September 13, 2012
October 11, 2012
November 8, 2012
December 13, 2012
All meetings will be held in the Board of County Commissioner's chambers, third floor, Collier
County Government Center, 3299 Tamiami Trail East, Naples, unless otherwise noted. A
public notice will be sent out before each meeting.
Collier County Coastal Zone Management • 3299 Tamiami Trail East Suite 103 • Naples. Florida 34112 - 5746.239 -252 -2966 - FAX 239- 252 -2950
www.coliiergov. netfcoastalzonemanagenient
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VI -1 Approval of CAC Minutes
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MINUTES OF THE MEETING OF THE COLLIER COUNTY
COASTAL ADVISORY COMMITTEE
Naples, Florida, February 9, 2012
LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in
and for the County of Collier, having conducted business Herein, met on this date
at 1:00 P.M. in REGULAR SESSION at Administrative Building "F ", 3rd Floor,
Collier County Government Complex Naples, Florida with the following members
present:
CHAIRMAN:
VICE CHAIRMAN:
John Sorey, III
Anthony Pires
Randy Moity
Jim Burke
Murray Hendel (Excused)
Robert Raymond
Joseph A. Moreland
Victor Rios
Wayne Waldack
ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management
Colleen Greene, Assistant County Attorney
Gail Hambright, Accountant
Dr. Michael Bauer, City of Naples
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VI -1 Approval of CAC Minutes
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Any persons in need of the verbatim record of the meeting may request a copy of the video
recording from the Collier County Communications and Customer Relations Department or view
online.
I. Call to Order
Mr. Pires chaired the meeting pending the arrival of Mr. Sorey and called the meeting to order
at 1:00 P.M.
II. Pledge of Allegiance
The Pledge of 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 subject to the following additions:
• Item VII.8 — Wiggin's Pass Update
• Item VII.9 - Marco Beaches Laser Grading
Second by Mr. Waldack. Carried unanimously 7 — 0.
V. Public Comments
None
VI. Approval of CAC Minutes
1. January 12, 2012
Mr. Moreland moved to approve the minutes of the January 12, 2012 Meeting subject to
the following change:
• Page 4, paragraph 7, line 1 — from "Mr. Pires abstained from the..." to "Mr. Pires did
not concur with the...."
• Page 5, paragraph 6, line 3 —addition of sentence "Mr. Pires and Mr. Moity noted
their "no" votes were predicated on the issue that not enough time was granted to
the consultants for review of the revised conceptual plan and provide a response to
the Requestfor Proposal within the timeframe imposed by the County."
Motion carried 6 "yes" — I "no. " Mr. Rios voted no; he expressed his concern that members
expressing their reason for a "no" vote may set a future precedent for other members wishing
to vote "no':
VII. Staff Reports
1. Expanded Revenue Report — Gary McAlpin
The Committee reviewed the "Collier County Tourist Tax Revenue FY12 Revenue Report "
dated through January 31, 2012.
2. Project Cost Report — Gary McAlpin
The Committee reviewed the "FY 201112012 TDC Category "A: Beach Maintenance
Projects" updated through February 1, 2012.
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VI -1 Approval of CAC Minutes
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3. Collier Creek Dredging Completion — Verbal Update
Gary McAlpin noted the issue of the sand placement was resolved with the Hideaway Beach
Tax District and the project was completed as proposed.
4. Clam Bay Marker — Verbal Update
Gary McAlpin noted Florida's Department of Environmental Protection (FDEP) decision to
deny the request for an administrative hearing in regards to the permit issued for installation
of the informational markers proposed in Clam Bay /Pass has been appealed by David Buser.
The County is moving forward with placement of the informational signs as proposed on
County Beaches and /or other onshore lands.
5. Vanderbilt Bathroom — Verbal Update
Gary McAlpin noted there has been a request by various parties for an administrative
hearing on FDEP's "Intent to Issue a Coastal Construction Control Line Variance ".
6. RFP Engineering Consultants — TDC Rejection — Verbal Update
Gary McAlpin noted the Tourist Development Council (TDC) rejected the recommended
"short list of consultants" for engineering and permitting required for the City of Marco
Island and City of Naples /Collier County's major beach renourishment project as they had
not reviewed the proposed conceptual plan for the project. The tentative schedule is for the
CAC to review the proposal today, the TDC on February 27 and the Board of County
Commissioners on March 13,
7. Structural Inspection/Repair Clam Pass Bridge
a. Backup Material
Gary McAlpin presented the Executive Summary "Recommendation to authorize
structural pilings, inspections and bridge repairs to the Clam Pass Draw Bridge and
approve a budget of $72,500 to complete this work" dated February 9, 2012 for
informational purposes. He noted the project's recommendations fall under the purview
of the Parks and Recreation Advisory Board, however it was presented to the committee
for informational purposes.
The Committee recommended the County authorize and complete the necessary
inspections of the structural components (pilings, etc.) of the bridge and determine its
life expectancy before moving forward with allocating expenditures necessary to
complete the proposed repairs.
8. Wiggins Pass — Verbal Update
Gary McAlpin and Mr. Moreland (Chairman of the Wiggin's Pass Subcommittee)
provided an update on the status of permit applications to revise the dredging template for
Wiggin's Pass
Mr. Sorey arrived at 1: 56 p. m. and assumed the Chair
9. North Marco Beaches Laser Grading — Verbal Update
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VI -1 Approval of CAC Minutes
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Gary McAlpin provided an update on the FDEP permit application for the County's long
term permission to laser -grade the north Marco Beaches.
VIII. New Business
1. Conceptual Plan /Schedule Collier County Main Beach Renourishment
Gary McAlpin provided the document "TS Fay FEMA.funding renewal discussion" dated
February 9, 2012 as a primer to the item.
Backup Material
Gary McAlpin noted the item contained backup material and presented the Executive
Summary "Recommendation to approve the Conceptual Plan for the FY2013 114 beach
renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples Beaches"
dated February 9, 2012. He provided an overview of 4 options available for the major
renourishment project for City of Naples /Collier County Beaches proposed by staff
(based on previous input from the Coastal Advisory Committee):
Option 1 — Execute the TS Fay FEMA design
This would place 175,000 CY's of fill sand on the beach at a cost of approximately
$ l OM. This sand placement would only restore damage from TS Fay and not extend the
life of the project whatsoever. It would not address any hot spot locations and would not
include any jetty work to stabilize the beach. Only a minor permit modification for the
extra nourishment would be required.
Option 2 — Execute the 2005/2006 design
This would place 482,000 CY's of fill sand on the beach at an estimated cost of $19M.
This would continue the six -year design project life that most likely could be extended.
This project would not maximize the renourishment cycle and does not address Clam
Pass or Barefoot Beach renourishment needs. Additionally, it does not address beach hot
spots, the groins at Park Shore or the need for a jetty spur south of Doctor's Pass.
Option 3 — Execute the 2005/2006 design with beach and hot spot enhancements
This would place 612,000 CY's of fill sand on the beach at a cost of approximately
$24M. It would also include: removal of the groins at Clam Pass ($400K); renourishment
of Clam Pass Park Beach (30K CY's at $950K); and for the repair /rebuild of Barefoot
Beach GOOK CY's at $2.8M) that has lost 200 linear width of beach over the last 15 -20
years. This approach does not maximize the renourishment cycle and continues with a six
plus year design that has the potential to be stretched to a longer life. It does however
begin to address significant hot spots that have been identified through beach monitoring
and modeling.
Option 4 — Execute a ten-year project that maximizes the renourishment cycle
This option would maximize the time between renourishment events with a 787K CY
renourishment for an estimated cost of $31 M. This plan would increase the beach height
(5 feet NAVD or 6.3 feet NGVD) as well as construction width in sections required to
increase critical mass to resist erosion and produce a true ten -year beach renourishment.
A jetty spur on Doctor's Pass is included to help minimize erosion on down drift beaches.
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VI -1 Approval of CAC Minutes
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In addition to the renourishment of Vanderbilt, Park Shore and Naples Beaches, this
option includes renourishment for Clam Pass Park Beach, rebuild/repairs at Barefoot
Beach, the removal of groins at Park Shore Beach, a jetty spur for Doctor's Pass and it
addresses additional hot spots by adding critical mass through increased sand placement.
A FDEP permit modification is required for this option.
Speaker
Nicole Johnson, Conservancy of Southwest Florida
The Committee recommended the Executive Summary (andlor any other similar
presentations) clearly identify the cost savings associated with each Option.
Mr. Moreland moved for the Coastal Advisory Committee to recommend that Option 4
be executed. Additionally, proposing the Option 4.A which includes the scope of work
proposed in Option 4 and the concept of the County providing stockpiles of sand at
strategic locations to assist in the renourishment of "hot spots" or other renourishment
emergencies that may come to light over time. The project incorporates concepts of "Scope
Management" as necessary. Second by Mr. Burke. Carried unanimously 8 — 0.
2. Marco South Revised Schedule /Permit Application
Gary McAlpin presented the Executive Summary "Recommendation to approve the
FY12 113 Marco South Beach renourishment /structure rebuild plan" dated February 9, 2012
for consideration.
Mr. Pires left the meeting at 2:37p.m.
Speaker
Nancy Ritchie, City of Marco Island
Mr. Waldack moved to recommend the Board of County Commissioners approve the
"FY 12113 Marco South Beach renourishment/structure rebuild plan " and recommends
that staff contact the Hideaway Beach Taxing District for their renourishment schedule to
determine if there would be any cost savings available for the parties via a consolidated
renourishment effort in the area. Second by Mr. Rios. Carried unanimously 7 — 0.
Mr. Pires returned at 2: 45p. m.
IX. Old Business
None
X. Announcements
1. Public Notice for 2012 — 2013 Category "A" Grant Applications
Gary McAlpin provided the Public Notice "Coastal Advisory Committee Accepting
Category "A: Grant Applications Collier County, Florida" dated February 9, 2012 for
information purposes.
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VI -1 Approval of CAC Minutes
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XI. Committee Member Discussion
None
XII. Next Meeting Date /Location
March 8, 2012 — Collier County 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 2:48 P.M.
Collier County Coastal Advisory Committee
John Sorey, III, Chairman
These minutes approved by the Board /Committee on
as presented or as amended
IVIGI U1 O, LU IL
VII -1 Staff Reports
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COLLIER COUNTY TOURIST TAX REVENUE
FY 12 Revenue Report
?9 -FPh -201 2
Budget
5 Yr Collect
5 Yr Collect
Budgeted
Actual
FY 12 Net
Histo -Cum
History- Monthly
Fund
FY 12 Current
F 12 Forecast
FY 12 (5 %)
Budget
3.4%
3.4°%
183
2,153,300
2,153,300
(107,700)
2,045,600
8.0%
4.6%
184
3,262,500
3,262,500
(164,100)
3,098,400
13.8%
5.9%
193
310,900
310,900
(15,500)
295,400
22.0%
8.2°%
194
1,516,100
1,516,100
(75,800)
1,440,300
34.8%
12.8%
195
4,371,800
4,371,800
(218,600)
4,153,200
50.6%
15.8%
196
0
0
0
68.8%
181%
198
1,435,500
1,435,500
(71,800)
1,363,700
79.2%
10.3%
Gross Budget
$13,050,100
$13,050,100
- $853,500
$12,396,600
85.3%
6.2%
Less 5% Rev Res
(653,500)
n/a
July
90.4%
5.0%
Net Budget
12,396,600
n/a
Aug
95.5%
Collections
678,131
0
n/a
Set
100.0%
4.5%
580,844
0
Budget
Total
100.0%
100.0%
13,050100
5,257,398
Collected to
% over FY 11
% over FY 10
% over FY 09
Month
Actual FY 12
Cum YTD
Date
collections
collections
collections
Oct
525,334
525,334
4.026%
9.71%
18.07%
31.38%
Nov
691,705
1,217,039
9.326%
10.65%
26.46%
11.70%
Dec
924,729
2,141,768
16.412%
23.29%
24.11%
15.79%
Jan
1,208,561
3,350,329
25.673%
19.69%
14.27%
7.17%
Feb
1,907,069
5,257,398
40.287%
19.09%
13.61%
16.67%
Mar
5,257,398
40.287%
Apr
$0.0 ... .
5,257,398
40.287%
May
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5,257,398
40,287%
�0
June
5,257,398
40.287%
July
5,257,398
40.287%
Aug
5,257,398
40.287%
Sept
5,257,398
40.287%
Total
5,257,398
5,257,398
18%
18%
15%
Bal to Collect
8,257,120
Budget Comparison
5 Yr Collect
5 Yr Collect
Budgeted
Actual
Month
Histo -Cum
History- Monthly
Collections
Collections
Variance
Oct
3.4%
3.4°%
441,513
525,334
83,821
Nov
8.0%
4.6%
597,184
691,705
94,521
Dec
13.8%
5.9%
765,938
924,729
158,791
Jan
22.0%
8.2°%
1,063,785
1,208,561
144,776
Feb
34.8%
12.8%
1,676,256
1,907,069
230,813
Mar
50.6%
15.8%
2,063,999
0
n/a
Apr
68.8%
181%
2,376,287
0
n/a
May
79.2%
10.3%
1,348,215
0
n/a
June
85.3%
6.2%
804,559
0
n/a
July
90.4%
5.0%
653,390
0
n/a
Aug
95.5%
5.2%
678,131
0
n/a
Set
100.0%
4.5%
580,844
0
n/a
Total
100.0%
100.0%
13,050100
5,257,398
712,722
Tourist Tax Revenue
„ $2,5 -
a
f 52.0
c
$1.5
.2
°-'
- Budgeted -
V
$1.0
--- Actual
$0.5
$0.0 ... .
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IVIGI u O, LV IL
VIII -1 New Business
1 of 2
From: McAI inp Gary
To: HambriahtGail
Subject: FW: Funding Beach Renournishment
Date: Monday, March 05, 2012 8:57:16 AM
Importance: High
Gail,
Please distribute to the CAC, TDC and Leo.
CAC and TDC Board members-
-
I am distributing Mayor Sorey email at his request. This is intended to be a one way communication.
Due to Sunshine Laws, please do not respond back to me or to each other. This will be discussed at
the next CAC meeting on 3/8/12.
Gary McAlpin
- - - -- Original Message---- -
From: John Sorey [mai Ito: jsorey(c0na lyesgov.com]
Sent: Friday, March 02, 2012 3:19 PM
To: McAlpinGary
Cc: Bill Moss
Subject: Funding Beach Renournishment
Gary:
I have had an opportunity to reflect on some of the comments from the last TDC meeting and would
like your review and comments on the following. Once completed, please add to my comments and
share with the CAC and TDC, and Mr. Ochs. The comments must be done quickly, as I would like this
to be an agenda item on the March 8th 2012 CAC agenda.
As we have communicated multiple times, the scope of the next beach renourishment is unknown and
will depend on the funds available. We should permit a true ten year design which is anticipated
to cost approximately $30,000,000. This will provide the most flexibility and is consistent with the
direction from the BCC and the Naples City Council which was to maximize the time between beach
renourishments while maximizing the economics of the project.
At the last TDC meeting, Mr. Hill appropriately questioned the reserves available for the next beach
renourishment. He cited an availability of $25,000,000 based on the financial information provided
by you in the TDC packet. I know based on our various discussions in the past, that this is "carry
forward" which represents unspent monies from existing projects and set aside reserves. We must do
a better job of communicating these numbers in the future. My understanding is the reserves are
$23,951,950 and consist of the following:
Catastrophe Reserve - -- $5,000,000 as required by the BCC
Major Renourishment reserve $12,000,000
Pier Reserve $79,000 which is inadequate and should be addressed.
Reserve for FDEP reimbursement $3,400,000
Currently earmarked for FY 2013 Projects $3,026,950
As indicated, of the $23,951,950 reserves identified, the only current source of funds available for beach
renourishment is $12,000,000.
If only the $12,000,000 was available, we would have funding in FY13/14 to duplicate the 2005/06
project. This is not acceptable and is inconsistent with our guidance. As you indicated, you expect
the basic renourishment project cost after anticipated savings to be approximately $16,000,000. In
FY13 /14, I understand you expect reserves and unspent project funds to be $16,500,000. This
funding is without any state or federal monies and does not accomplish BCC or City Council direction to
maximize the time between renourishments.
%.,m, rviaiui o, cu is
VIII -1 New Business
2 of 2
In addition to the $16,500,000 identified for the basic beach renourishment project, funds have been
budgeted for the Wiggins Pass Channel Straightening project($ 1,700,000); and the Marco South Beach
renourishment /structure rebuild project($3,000,000).
Additional renournishment, hot spots, groin removal, and the jetty spur at Doctor's Pass will require
additional funding. These funds could come from: the FDEP State Cost Share program; FEMA Tropical
Storm Fay ($5,000,000 to 7,000,000); Fund 183 - -Beach Park Facilities ($10,000,000+ -) and /or the
Catastrophe Reserve ($5,000,000).
The Beach Fund does not have enough money to accomplish the scope of work directed by the City
Council and the County Commission. Some of the issues that need to be addressed are the life of the
renournishment plan, and the funding thereof. Funds are accrued on a ten year funding cycle, however
the amount accrued is not sufficient to fund a ten year or maybe even a six year cycle. When we
renourish in FY13 /14, eight years will have elapsed since the last cycle, and already a number of beach
sections are inadequate for our residents and tourists. Visit the area just south of the Naples Beach
Hotel for instance.
As we discuss allocation of TDC funds, the beaches must receive more resources to protect one of our
most valuable assets.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by telephone or in writing.
March 2, 2012
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
Iwo iuIQ, /W It
VIII -2 New Business
1 of 9
Florida Department of Gov,lli t
Environmental Protection ►elms rt:l1rol{
Marjory Stoneman Douglas Building (:I. GWV`TMW
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
c/o Stephen Keehn
Coastal Planning and Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Comments on Partial Response to RAI #I
DEP File Number: 0142538- 008 -JC and 0142538 - 013 -BV, Collier County
Applicant Name: Collier County
Project Name: Wiggins Pass Navigation Channel Expansion and Maintenance
Dredging
Dear Mr. Keehn:
This letter is to acknowledge receipt of your partial response to the First Request for Additional
Information for the Wiggins Pass Navigation Channel Expansion and Maintenance Dredging.
Please note that items 17, 19, 31, and 39 were not provided in the response and will remain
incomplete pending receipt of the information.
Comments on the responses that were submitted are listed below. The items of information are
numbered to correspond with the item numbers on the application form. The responses provided
for items 7, 11, 14, 23, 24, 25, 26, 30, 34, 33a and c, 28, 35, and 38 (already received), were
satisfactory and the Department has no comments on these items.
Regarding the Department's previous analysis of the proposed project:
In the Department's Request for Additional Information (RAI #1), dated March 24, 2010,
Bureau staff provided comments on its preliminary evaluation of the proposed activities.
The Bureau staff concerns were more fully explained in the letter to Mr. Gary McAlpin,
dated May 13, 2011, from Mr. Michael Barnett, Bureau Chief.
The conceptual draft of the Sediment QA/QC Plan submitted to the Department on
February 1, 2012, addresses the staff concerns regarding disposal of clay and peat into the
coastal zone. The proposal to place this material along with any rock encountered during
construction into the used Borrow Area #6 dredge pit can be favorably recommended by
the staff. However, as noted under Item #27.f. below, the proposed activity is new
www dep.statefl.us
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VIII -2 New Business
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Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 2 of 9
construction, not maintenance dredging, and therefore, any dredged material containing
greater than 5% silt or clay, must be disposed of in the used dredge pit, as required by Rule
62B -41, F.A.C.
The expansion and alignment of the navigation channel, as depicted in the revised permit
drawings dated January 13, 2012, adequately address the Bureau staff concerns regarding
minimizing the dredging of consolidated or cohesive material within the sedimentary strata
underlying and bounding the gulf entrance to Wiggins Pass. Upon completion of your
application, the Bureau staff anticipates a recommendation of approval of the straightened
channel alignment.
Describe in general terms the proposed activity including any phasing..
The Bureau staff has received a courtesy copy of a letter to Ms. Erma Slager, FDEP
Deputy Secretary for Land and Recreation, dated February 16, 2012, from Mr. Gary
McAlpin, Collier County CZM Director. The letter includes a request to the Florida
Park Service, as the designated trustee of the state owned uplands adjacent to Wiggins
Pass, to approve placement of sand from inlet dredging onto the beaches above the
mean- high -water contour. Since the project description and permit drawings
submitted to the Department on February 1, 2011, do not include placement of dredged
sand on Delnor- Wiggins Pass State Park, please be advised that these application
information items must be revised and resubmitted should you obtain approval from
the Park Service. This is being requested pursuant to 62B - 41.008(1)(1), F.A.C. and
62B - 49.004(3) (g), F.A. C.
13. A copy of the Division of State Lands title determination. If you do not have title
determination, department staff will request that the division of State Lands conduct a
title check.
Thank you for your response. The title information check on your project reveals two
existing easements (No. 30353 (5165 -11)) and 29908 (5265 -I1)) and two existing leases
(No. 3869 to Collier County for Barefoot Beach State Recreation Center, and No. 2514
to DEP Division of Parks and Recreation for Delnor Wiggins State Recreation Area) in
the project area - as well as state owned submerged lands. We have received the letter
of no objection from Collier County for the proposed project. There is a concern that
the new channel template may encroach onto Park land. Your project will require a
"letter of no objection "from the other easement/lease holders, and the applicant is
required to obtain and submit those letters to FDEP. Division of Recreation and Parks
would like to coordinate a Use Agreement to involve Parks in the scheduling and
maintenance of the area with the County. This is required according to Rule 62B-
41.008(5) F.A.C.
www.dep.stoteefl.us
IVIGI I.II O, LV IL
VIII -2 New Business
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Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 3 of 9
27. Permit applications for excavation or fill activities shall include the following detailed
information concerning the material to be excavated and the existing or native material at
the beach fill site:
f. A sediment QA /QC plan that will ensure that the sediment to be used for beach
restoration or nourishment will meet the standards set forth in paragraph 62B-
41.007(2)0), F.A.C.
Bureau staff recognizes that the Sediment QAIQC plan is a conceptual draft and
additional information will be submitted. However, Table 3 continues to specify
compliance values of silt in the placement criteria for the initial construction
activity that are not consistent with Rule. To reiterate comments provided in
RAI #1, preliminary evaluation of your proposed project leads Bureau staff to the
conclusion that the placement options for the non -beach compatible material must
be denied. The work proposed to be done under this permit is the expansion and
realignment of a channel, which is new work. This is not maintenance activity.
Therefore, the material to be dredged and disposed of will be reviewed in
accordance with Rule 62B- 41.007(2)6), F.A.C., not Rule 62B- 41.007(2)(k), F.A.C.
The Bureau staff recommends that as a condition of the permit, a Maintenance
Dredging - Sediment QA/QC Plan be submitted with the final construction plans
and specification for subsequent maintenance dredging activities, that include
compliance values that are consistent with Rule 62B- 41.007(2)(k), F.A.C.
A complete review will be done when the Department receives the final draft of the
document. Preliminary comments on the draft information are supplied below to
aid in making the final draft Sediment QAIQC Plan.
• In the final Sediment QAIQC plan for the initial construction to expand and
realign the navigation channel, please revise the placement options, construction
methods, dredge elevations, and material specification such that they reflect the
criteria for beach compatible fill according to Rule 62B - 41.007(2)0), F.A.C. and its
enumerated parameters, not Rule 62B- 41.007(2)(k), F.A.C.
• It was noted in the Applicant's response that the detailed cut depths and threshold
elevations will be provided once the new alignment and disposal classification is
accepted. These threshold elevations are the dredge elevations at which there is a
separation in disposal location within a specific subarea of a channel cut based on
sediment quality. Please include in the final Sediment QAIQC Plan a plan view
drawing showing maximum dredge depths and threshold elevations for each
subarea of the channel with the locations of the vibracores and jet probes
superimposed.
www.dep.stote.ft us
IVIGI 1 1..11 O, GV IL
VIII -2 New Business
4 of 9
Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 4 of 9
In the construction portion of the document, Table 1 includes the location and
dredge depths for the channel as currently designed. This table should be updated
to include the subareas and their threshold elevations, as appropriate, in addition to
the dredge depth. This table should also include the volume to be dredged and the
disposal location for each subarea. Please revise accordingly.
• Please add all the provisions in the sediment QAIQC plan as required by Rule 62B-
41.008(1)(k)4.b., F.A.C. As stated in your transmittal letter dated January 30,
2012, the FDEP template language will be incorporated.
33. Analysis of the expected effect of the proposed activity on the coastal system including
but not limited to:
b. Analysis of the compatibility of the fill material with respect to the native sediment at
the placement site. The analysis should include all relevant computations, the overfill
ratios, and superimposed graphs of the cumulative grain -size distribution and the
frequency distribution of the fill material over the data for the existing or native
sediment at the placement site. Provide computations of borrow area volume and
composite fill material characteristics (mean grain size and sorting, percent carbonate
content) in an electronic spreadsheet.
Please provide an updated compatibility analysis, including composites and the
excel spreadsheet used to create the composites, based on the final channel design
with the subareas and threshold elevations. This should include information for
each subarea so that placement options can be reviewed against the material in the
placement location and the criteria setforth in Rule 62B- 41.007(2)0), F.A.C.
d. Analysis of how water quality and natural communities would be affected by the
proposed project. Provide graphic representation (depiction) of the area of direct and
secondary influence of the proposed activity and delineate the natural communities
within that area. All required surveys shall be representative of conditions existing at
the time of submittal. Surveys of submerged aquatic vegetation (SAV) shall be
conducted in the field during the growing season for a given climatic region such that
they capture the full areal extent and biomass of the SAV community. Species
composition and spatial distribution shall also be addressed by the survey. Estimate
the affected acreage of each impacted community.
It is noted that turbidity minimization measures such as use of turbidity curtains,
potentially dredging on outgoing tides, and monitoring hardbottoms within the
mixing zone area may be utilized for areas inside the Outstanding Florida Waters
(OFW). In reviewing the previous data from maintenance dredging, it is
acknowledged that background measurements do fluctuate by as much as 10
www.del).stote.17.us
rviaiui o, cu is
VI11 -2 New Business
5 of 9
Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 5 of 9
NTUs, and a 10 NTU allowance may be allowable for an antidegradation amount.
However, the previous data is based on a 150 meter mixing zone, not an expanded
450 meters, as requested. If you wish to pursue the request for a 450 -meter
expanded mixing zone, we will need additional information justifying why this is
needed for this project, when not necessary for the previous maintenance dredging
event. This is being requested pursuant to 373.414(1), F.S., and 628- 41.0080,
F.A. C.
37. A narrative description of any proposed mitigation plans, pursuant to Rule 62 -345,
F.A.C., including purpose, a comparison between the functions of the impact site to the
mitigation site, maintenance, monitoring, estimated cost, construction sequence and
techniques. For proposed artificial reefs, indicate the water depth, depth of sand
overlying bedrock, proposed relief and materials (type, size and shape).
Biological information regarding hardbottom to the north and south of the Pass was
submitted in item 28. The last response indicated that the County will proceed to
develop a monitoring plan for the hardbottom areas adjacent to the inlet, in
coordination with the Department. It is noted that this plan can ultimately be
incorporated into the County wide monitoring. The biological monitoring plan is a
completeness item for the permit, and is required pursuant to 62B - 41.005(16), F.A.C.
The description of the work and deliverables as written in the physical monitoring plan
submitted by the Applicant on February 1, 2012 are inadequate for a complete review
by the Bureau staff. To assist you in completing your application, provided below are
annotated draft physical monitoring requirements that the Bureau staff anticipates will
be a condition of approval of the permit. Also, the staff recommends a drawing be
included in the physical monitoring plan depicting all the beach - offshore survey
profiles and inlet bathymetric survey lines.
PHYSICAL MONITORING REQUIRED:
Pursuant to 62B- 41.005(16), F.A.C., physical monitoring of the project is required
through acquisition of project - specific data to include, at a minimum, topographic and
bathymetric surveys of the beach, offshore, and borrow site areas, and engineering
analysis. The monitoring data is necessary in order for both the project sponsor and the
Department to regularly observe and assess, with quantitative measurements, the
performance of the project, any adverse effects which have occurred, and the need for
any adjustments, modifications, or mitigative response to the project. The scientific
monitoring process also provides the project sponsor and the Department information
necessary to plan, design, and optimize subsequent follow -up projects, potentially
reducing the need for and costs of unnecessary work, as well as potentially reducing any
environmental impacts that may have occurred or be expected.
www.dep.stuteal.us
l�/1li IVIGI VI I O, LV 14
VIII -2 New Business
6of9
Comments on Partial Response to RAI (#I)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 6 of 9
The Permittee submitted a detailed Physical Monitoring Plan dated XXX, 2012
for review and approval by the Department, which is hereby incorporated by reference.
The approved Monitoring Plan can be revised at any later time by written request of the
permittee and with the written approval of the Department. If subsequent to approval of
the Monitoring Plan there is a request for modification of the permit, the Department may
require revised or additional monitoring requirements as a condition of approval of the
permit modification.
As guidance for obtaining Department approval, the plan shall generally contain
the following items:
a. Topographic and bathymetric profile surveys of the beach and offshore shall be
conducted within 90 days prior to commencement of construction, and within 60 days
following completion of construction of the project. Thereafter, monitoring surveys shall
be conducted annually until the next maintenance dredging event. The monitoring
surveys shall be conducted ' nth and repeated as close as
practicable during that same month of the year. [Since this is not beach nourishment,
the staff can recommend this revision to allow the County more flexibility in
scheduling the annual survey at any month during the year, although the County
could still contract the survey in conjunction with other county projects as it sees
fit.] If the time period between the immediate post- construction survey and the first
annual monitoring survey is less than six months, then the permittee may request a
postponement of the first monitoring survey until the following spring/summer. The
request should be submitted as part of the cover letter for the post- construction report. A
prior design or monitoring survey of the beach and offshore may be submitted for the
pre- construction survey if consistent with the other requirements of this condition. The
permittee may request a waiver of conductingy an annual monitoring survey after previous
monitoring surveys demonstrate inlet and shoreline stability, and navigation reports and
site inspections indicate no significant channel shoaling or shoreline erosion since the
previous monitoring_ survey. [Stability may not occur until after the first maintenance
dredging, but given the relatively small transport rates, there may not be a need for
monitoring every year it order to assess inlet impacts or manage /operate the
navigation project.]
The monitoring area shall include profile surveys at each of the Department of
Environmental Protection's DNR reference monuments from R -10 through R -21. Also,
additional profile lines shall be surveyed at intermediate locations approximately midway
between reference monuments to accurately identif patterns and volumes of erosion and
accretion within this subarea A survey of the mean -high -water contour will extend from
R -17 to approximately 1,500 feet north and east along the sandy shore. [The additional
profile lines are needed to assess inlet impacts and the mhw survey was proposed by
the applicant to address Park Service concerns.] All work activities and deliverables
shall be conducted in accordance with the latest update of the Bureau of Beaches and
www.dep.statefl.us
l.Hl, IVIGI l.1I O, e IL
VIII -2 New Business
7 of 9
Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538- 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 7 of 9
Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects,
Sections 01000 and 01100.
b. Bathymetric surveys of the inlet channels and tidal inlet shoals shall be conducted
within 90 days prior to commencement of construction, and within 60 days following
completion of construction of the project concurrently with the beach and offshore
surveys as required above. To provide sufficient detail for accurate volumetric
calculations the survey grid lines shall be spaced to at Stations -2 +00 to +15 +00 and C -3
to C -35 and shall extend a minimum of 100 feet beyond the boundaries of the entire ebb
shoal complex as depicted on the drawing included in the physical monitoring plan. [The
survey lines depicted on the permit drawings do NOT extend a sufficient distance
south to capture the entire ebb shoal and attachment bar.] In all other aspects, work
activities and deliverables shall be consistent with the BBCS Monitoring Standards for
Beach Erosion Control Projects, Section 01200.
C. Aerial photography of the beach shall be tak-ffi acquired from the public domain
concurrently with the post- construction survey and each annual and biennial monitoring
survey required above, as close to the date of the beach profile surveys as possible. The
limits of the photography shall include the surveyed monitoring area as described above.
The Permittee is not required to contract a special purpose flight to obtain aerial
photography of the monitoring area but shall make every effort to acquire the
photography from available sources such as the Florida Department of Transportation,
Department of Revenue or other state and local government entities.
d. A survey of the currents and tides using an ADCP type instrument in Wiggins
Pass will be performed at the time of the one -year post- construction monitoring survey.
Measurements will be taken over the span of two weeks within the main channel and
north south and east tributary channels The measurements shall be taken at survey cross
sections These cross - sections may be in addition to those depicted on the permit
drawings. [The Bureau engineering staff concurs the Applicant's proposal to collect
hydrographic data, and would favorable consider additional hydrographic data
collection to assess the effects of the inlet dredging activities as a permit condition.]
e. The permittee shall submit an engineering report and the monitoring data to the
BBCS within 90 days following completion of the post- construction survey and each
annual monitoring survey.
wlm.dep.stute.11.us
V'r%%, IV1211 VII O, e V 14
VIII -2 New Business
8 of 9
Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538 - 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 8 of 9
The report shall summarize and discuss the data, the performance of the project, and
identify erosion and accretion patterns within the monitored area. In addition, the report
shall include a comparative review of project performance to performance expectations
and identification of adverse impacts attributable to the project. Also, specific attention
will be paid to assessing the Wiggins Pass and gulf shoreline north of R -17 using the
mean high water contour survey, and recent and historical aerial photography. [As
proposed by Applicant in the plan submitted February 1, 2012.1
Appendices shall include plots of survey profiles and graphical representations of
volumetric and shoreline position changes for the monitoring area. Results shall be
analyzed for patterns, trends, or changes between annual surveys and cumulatively since
project construction.
f. Two paper copies and one electronic copy of the monitoring report, and one
electronic copy of the survey data shall be submitted to the Bureau of Beaches and
Coastal Systems in Tallahassee. Failure to submit reports and data in a timely manner
constitutes grounds for revocation of the permit. When submitting any monitoring
information to the Bureau, please include a transmittal cover letter clearly labeled with
the following at the top of each page: "This monitoring information is submitted in
accordance with Item No. [XX] of the approved Monitoring Plan for Permit No.
[XX] for the monitoring period [XX].
If the applicant fails to provide all information required to complete the application within six (6)
months after a request for additional information has been sent, the staff will close the permit
application file after written notice to the applicant. Application files closed under these
procedures shall be closed without prejudice and a new application, accompanied by the
appropriate fee, shall be required to renew the application.
If the processing of the application is prolonged, or if a storm event is known to have altered the
shoreline such that the staff determines that the topographic and bathymetric survey data is no
longer adequate to complete its analysis, then an updated survey shall be required as specified in
Item No. 20 above. In the event that an updated survey is required, the application shall be
treated as an amended application.
If I may be of any further assistance, please contact me at the letterhead address (add Mail
Station 300), by e -mail at Elizabeth .Yongue(c %dep.state.11us or by telephone at (850) 414 -7798.
www.dep.statefl.us
Comments on Partial Response to RAI (#1)
File No. 0142538- 008 -JC and 0142538 - 013 -BV
Wiggins Pass Navigation Channel Expansion and Maintenance Dredging
Page 9 of 9
Sincerely,
Liz Yongue
Environmental Specialist II
Bureau of Beaches and Coastal Systems
cc
Gary McAlpin, Collier County
Jennifer Koch, BBCS
Lucy Blair, DEP, South District
Lainie Edwards, BBCS
Danielle Fondren, BBCS
Vince George, BBCS
Jeff Raley, DRP
Paden Woodruff, BBCS
Parks Small, DRP
Alex Reed, BBCS
Subarna Malakar, BBCS
Roxane Dow, BBCS
Vladimir Kosmynin, BBCS
JCP Compliance, BBCS
Bob Brantly, BBCS
Stephen Fleming, USACE
Marcia Cravens
BBCS Permit File
www.dep.statejhjs
OvidI W o, cv i c
VIII -2 New Business
9 of 9
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