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05/17/2010 Minutes May 17,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE 0 3 0 3 8 TI Naples, Florida, May 17, 2010 BY: LET IT BE REMEMBERED that the Coastal Advisory Committee — Wiggins Pass Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. at the Human Resource Training Room located at 3301 Tamiami Trail E, Building B, Naples, Florida, with the following members present: Chairman: Joseph A. Moreland H il le r Robert Raymond (Excused) cused ) Hermitic Victor Rios Coyle - Coletta c/ Inlet Management Work Team Jack Kindsvater Dick Lydon Nicole Ryan Jeff Raley (Excused) ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Accountant Steve Keehn, Coastal Planning and Engineering Misc. Corres: Maura Kraus, Principal Environmental Specialist Date: 311 '3112, Item*: I( t 2- P=1 5 Cz72ies to: May 17, 2010 Call to Order Chairman Moreland called the meeting to order at 9:12 AM. II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call-A quorum was established. Also in attendance via teleconference—Sabarna Malakar, Bureau of Beaches and Coastal Systems. IV. Changes and Approval of Agenda The Committee formed a consensus to follow the agenda until 11:00 AM to allow Boater Characterization Study Presentation to be given by Dr. Sweet. Gary McAlpin will request to the BCC to accept Sabarna Malakar, a representative from the FDEP as a Work Team Subcommittee member. Committee continues to seek members to fill two vacancies. Victor Rios moved to approve the Agenda as submitted. Second by Dick Lydon. Motion carried unanimously:Subcommittee 2-0, Work Team 3-0. V. Public Comments—None. VI. Approval of Minutes—April 19, 2010 Correct Page 3—2nd Paragraph 2nd sentence should read: As part of the "RAI" process. Dick Lydon moved to approve the Apri119, 2010 Minutes as amended Second by Nicole Ryan. Motion carried unanimously:Subcommittee 2-0, Work Team 3-0. VII. Staff Reports Gary McAlpin reported receipt of an e-mail forwarded from Sgt. Dave Bruening, Collier County Sheriff's Office. (See attached) Cpl. Todd Byrns of the Marine Bureau emailed Sgt. Bruening stating Wiggins Pass is closed at dead low tide. Cpl. Todd Byrns reported checking on a couple who was stuck on Saturday along with other boats. Staff will post the information on the website for the public and give notice to Pelican Isle Yacht Club and the U.S. Coast Guard. Chairman Joseph Moreland suggested Staff include the coordinates and depths when posting boating information. VIII. New Business 1. Review/Discussion of May 4,2010 FDEP.FPS Meeting in Tallahassee Steve Keehn, CPE gave a brief presentation and summarized the topics discussed and pertinent concerns at the FDEP FPS Meeting in Tallahassee for the Subcommittee. (See attached) 2 May 17, 2010 • FDEP expressed interest in meeting in the future on the Inlet Management Plan and the Modeling effort. • Collier County clarified ebb shoal sand and the method of determination on the direction of bypassing for the park. • FDEP has requested Collier County demonstrate an alternate means of placing sand where the greatest need was regardless of volumetric measurements. • Hot spot issues need to be addressed in the project description or contingency plan. • The Request for Additional Items (RAI) response needs to define responsibility and cause for full re-nourishment or intermediate re-nourishment. • There is no hard bottom affecting the inlet accept for the Delnor Wiggins Park. Hard bottom was described as small coral reef • FDEP requested Collier County develop a Biological Monitoring Plan. Steve Keehn stated the Inlet Management Plan will need language to address the greatest need more than volumetric. He further stated the County did not have to do the work per the plan. The plan can define who will do the task. Gary McAlpin stated the Subcommittee will describe the scientific criteria,the type of monitoring and what stages heighten the re-nourishment event. What triggers a dredging and re-nourishment will be included in the Inlet Management Plan. It was noted Jeff Raley and Bob Brantley agreed Delnor-Wiggins Park does not have severe erosion. Gary McAlpin clarified FDEP does not believe Collier County has identified where the hard substrate is and would like more samples taken. FDEP believes the hard substrate to the north is clay and is very significant. Rock substrate and clay anchors the pass. FDEP wants to make sure, if the rock is removed, what the control feature is. Collier County will need to address the above before the permit will be issued. It was noted hard bottom will be addressed as rock substrate. Rock bottom is considerably lower than the dredge limit. Victor Rios expressed concern on the impact of any actions taken that may have an effect on other areas. Gary McAlpin responded the DEP has the same concerns. The Inlet Management Plan will need to convince DEP the issues that are legitimate and important to Collier County and the recommended plan will solve the issues permanently and correctly. He stated another study group was formed to identify the best solutions and they decided doing nothing was not an option. The issues to focus on are: • Erosion and habitant destruction to the north of Barefoot Beach. • Wiggins Pass does not have safe boating conditions at low tide. • Effective solutions to address the area in a cost effective way, in an environmental manner. 3 May 17,2010 FDEP concerns are: • Geological assessments. • Hydraulic assessments. • What happens if actions taken impact Delnor-Wiggins State Park and what Collier County will do to correct. Steve Keehn stated FDEP recommended Barefoot Beach be declared a critical eroded area. FDEP will fund 33%toward ebb shoal building on Barefoot Beach, which will meet one of the Inlet Management Plan objectives. He proposed the following steps be done out of sea turtle season. > Initial construction outside of turtle season. ➢ Major maintenance dredging every four years. ➢ Intermediate ebb shoal dredging, ➢ Create a contingency and monitoring plan. > Ebb tide shoal re-building. He also stated it would take several years to re-nourish the beach -250,000 cubic yards of sand were previously used. He stated Bob Brantley suggested one ebb shoal re-nourishment. Steve noted he has never heard of a project where this has been done. Gary McAlpin stated the modeling will tell what the optimum approach to replace the sand will be. 2. Physical,Biological,Contingency, Construction and Inlet Management Plans and Key Points Gary McAlpin distributed and addressed the following"Significant Items requiring discussion/resolution on Wiggins Pass Channel Project"to FDEP for them to issue permitting. (See attached) • Physical Plan • Biological Plan • Contingency Plan • Construction Plan • Inlet Management Plan • Letter of Consistency Staff recommended inviting National Marine Fisheries and the US Army Corp to a future meeting to discuss the Biological Plan. Staff also suggested inviting Outstanding Florida Waters to discuss what their trigger points are. It was noted a Biological Opinion will be required. Steve Keehn recommended Staff be proactive. He suggested Staff not wait for the permit before writing a letter to request permission from Delnor-Wiggins State Park for the land use. 4 May 17, 2010 3. Discussion/Identification of Major Issues Gary McAlpin reviewed the Physical, Biological and the Contingency Plan issues for discussion and resolution. He distributed the criteria for the Letter of Consistency(See attached)and stated the letter would be exactly as Mr. Lorenz requested. 4. Responsibilities for Resolution of Major Issues and Who Reviews Joseph Moreland suggested having a point of contact on the Committee,to keep current on each topic and receive documentation for distribution to the Committee. Dick Lydon stated having a point of contact makes sense and he inquired as to the cost to provide the requested additional items for the RAI Response. Gary McAlpin responded $150,000 has been approved for the EIS Study and Permitting by the CAC and will be submitted for approval from TDC and the Board of County Commissioners. Gary McAlpin recommended Nicole Ryan be the contact person on the Biological Plan and items associated with ecology and environment issues. Staff will be the point of contact for The Construction Plan. He asked the Committee members to let him know if they would be interested in being a point of contact on any plan. Nicole Ryan responded positively and volunteered to work on the Letter of Consistency. 5. Timing of RAI Response The Staff objective is to have RAI Responses ready to submit to DEP in 90 to 120 days. Speakers Doug Fee stated he was happy that the State is involved. He made a comment on RAI Response#19. He expressed concern with the funds expended for the process and he does not believe anything has been done at the County level such as meetings or reviews. He asked who will write the EIS. Gary McAlpin responded Bill Lorenz will be assigned the task to write the Letter of Consistency based on County Boards approval. On his initial review, he did not find any problems with the scope. The Consultant of record on the project is Coastal Planning and Engineering. They have done the majority of the environmental work. Doug Fee asked if the County will be able to meet a"zero" level of water quality in the construction of the project. Gary McAlpin said yes,they have never had an issue with increased tepidity levels. IX. Old Business 1. Discussion of Nearshore Placement of Sand for Maintenance Dredging During Sea Turtle Season Gary McAlpin clarified the Coastal Advisory Committee will try to avoid any beach re-nourishment during turtle nesting. CAC proposed main re-nourishment be done during turtle nesting season and Maintenance Dredging will be done over a 5 May 17, 2010 four month period and could be done as a nearshore re-nourishment and outside of turtle nesting season. Nicole Ryan distributed a packet of various documents for the Committee's review. (See attached) Activity Description- The project is to widen and deepen Wiggins Pass with subsequent maintenance dredging every two years. She reviewed: ➢ (Pages 8 & 9) - Permit No. 0142538-001-JC > (Page 18) - Wiggins Pass Maintenance Dredging, Modification No. 0142538-004-EM She provided the following sketches to show the difference between nearshore and offshore. > (Page 23)—Beach Fill Site Plan reflects nearshore disposal site 50' away from beach. ➢ (Page 24) -Proposed Offshore Disposal Area sketch reflects offshore disposal. Wiggins Pass Policy and Planning Guidelines ➢ (Page 26)—No. 10. Summer maintenance dredging to reduce cost and complexity, with offshore placement. Attachments ➢ (Page 31)No. 5 Project Description ➢ (Page 34)No. 23c Construction Description ➢ (Page 36) Collier County Sea Turtle Protection Plan Annual Report, 2005 — Reflects Emergences. ➢ (Page 37) Summary of All Monitored Beaches, 2005 -Reflects 4,200 Hatchlings Emerged Maura Kraus stated the summary was representative of current times. Land Development Code 3.04.02 ➢ (Pages 39 & 40) Species Specific Requirements—Sea Turtle Protection 5 and 5c. Nicole Ryan expressed concern vibrations from pipes could disturb female sea turtles. She recommended maintenance dredging be done after the nesting season. She provided an email received from Fish and Wildlife stating they always recommend that the work be done outside sea turtle nesting season. Maura Kraus stated she shares the same concerns as Nicole Ryan and added lighting attracts predators and is a bigger concern. 6 May 17, 2010 Speakers David Addison,Biologist for the Conservancy of SW Florida stated since 2000 water head nesting had declined more than 50 percent. Hatchlings will be attracted to light and will go to them. This will have the hatchling wasting energy by swimming toward the light and put them in further jeopardy from predatory fish. He urged the Committee to wait until after turtle nesting season. Gary McAlpin proposed the following: ❖ The major part of construction will be done outside turtle nesting season with sand placed on the beach. ❖ Maintenance dredging of the anticipated 40-50,000 cubic yards of material will be taken out of the pass over an approximate 4 year period and will bring in a cutter-head dredge with work to be done out of turtle nesting season with onshore placement. ❖ Spot dredging will only be performed during daylight hours and the scope of the work would be approximately 5-6,000 cubic yards of material during the turtle- nesting season to be taken offshore. He asked if this proposal would satisfy the needs of the Community. Nicole Ryan,Maura Kraus and Dave Addison agreed the proposal would work. It was noted the equipment will be moved back into the channel away from the beach each night during turtle nesting season. Staff will address the three conditions and include options when submitting for a dredging permit to be done anytime over a one-year period. It was noted Fish&Wildlife Service and Fish & Wildlife Conservation define the turtle-nesting season. Joseph Moreland stated funding for any kind of dredging comes from the tourist dollar beach re-nourishment fund and their goal is to spend it for beach re-nourishment. He asked if there was a safety or emergency hot spot dredge required during turtle nesting season and therefore cannot be used for beach re-nourishment, would the funding be lost for that particular dredge. Staff will research with the County Attorney's Office. Joseph Moreland recommended type of dredging terminology be defined. Staff suggested the following terminology for dredging events: • Capital Dredge is a one-time event. • Maintenance Dredge is performed every four—five years outside of turtle nesting season with a small cutter-head dredge. • Spot Dredge is triggered by a navigational problem at the mouth of the pass. Nicole Ryan moved to modify the direction of the Inlet Management Plan for the three dredging maintenance options. Second by Jack Kindsvater. 7 May 17, 2010 Gary McAlpin recommended the Committee refrain from voting until Staff receives an opinion from the County Attorney's Office. Joseph Moreland tabled the motion. Speakers Doug Fee agrees with the way the project is going and thinks the County should follow the Land Development Code. He believes in the process and the public be made aware. He urged the Committee not to do any work during turtle nesting season. Susan Calkins stated she was happy with the Subcommittee's decision to go forward but not during the turtle nesting season. Michael Seef congratulated the Subcommittee on the decision not to dredge during turtle nesting season. He stated he appreciated all efforts to avoid damage to the turtles. Donna Reed Caron stated consideration of maintenance dredging during turtle nesting season is"incremental at its' finest" and would be a bad move. It has never been done during the 13 years she has been a resident. She added any dredging should be done outside of turtle season and boaters should not be in the water in the middle of hurricane season. She commented boaters should be smart enough not to bring their boats to that area during low tide. She expressed it was a waste of taxpayers dollars. X. Announcements Mr. Sweet has been scheduled to give a Boater Characterization Study presentation after the meeting is adjourned at the same location. Gary McAlpin asked the Committee for suggestions on representatives from the Friends of Barefoot Beach and the Boater Community to serve on the Committee. Staff would like to fill vacancies over the next month. XI. Committee Member Discussion—None. XII. Next Meeting Date The next meeting of the Wiggins Pass Subcommittee will be held on Monday, June 21 at 9:00 AM. 8 May 17, 2010 There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 12:00 pm. Collier County Coastal Advisory Committee— Wiggins Pass Subcommittee ‘072:4L.> .tdseph A oreland, Chp'rman These Minutes were approved by the Board/Committee on / " I 1 — I I , as presented , or as amended 9