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WPS Backup 03/19/2012CAC WIGGIN'S PASS SUBCOMMITTEE MEETING BACKUP DOCUMENTS MARCH 19, 2012 V MEETING AGENDA WIGGINS PASS SUBCOMMITTEE MONDAY MARCH 19, 2012 — 9:00 A.M. TILL 12:00 P.M. RISK MANAGEMENT TRAINING ROOM, 3311 TAMIAMI TRAIL E., NAPLES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of Minutes 1. January 18, 2012 VII. Staff Reports VIII. New Business 1. FDEP RAI No. 2 2. Consistency Letter Requirements 3. Schedule of Responses and Permit Timing 4. State Park Meeting on March 28, 2012 IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date /Location Monday April 16, 2012 Risk Management Training Room, 3311 Tamiami Trail East 9:OOam XIII. Adjournment Public speakers are requested to do the following for any items presented to the Board.• Each document should display the presenter's name and title of document. Provide a total of 7 copies of each handout, to be distributed as follows: 3 Board Members; 1 Minute Taker; I County Attorney; 2 CZM Staff members. The following websites will provide information, agendas and dates for this subcommittee: http ://www. colliers; ov. net/Index. aspx? page =18 http://Www.collier,-ov.net/I`iide.c.aspx?pajze=239 0 All interested partied 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. Wiggins March 19, 2012 VI -1 Approval of Minutes 1 of 4 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE WIGGINS PASS SUBCOMMITTEE Naples, Florida, January 18, 2012 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 Resources Training Room located at 3301 Tamiami Trail E, Naples, Florida, with the following members present: Chairman: Joseph A. Moreland Robert Raymond (Excused) Victor Rios ALSO PRESENT: Gary McAlpin, Coastal Zone Management Director Gail Hambright, Tourist Tax Accountant Steve Keehn, Coastal Planning and Engineering Wiggins March 19, 2012 VI -1 Approval of Minutes 2 of 4 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Communications and Customer Relations Department. I. Call to Order Chairman Moreland called the meeting to order at 9:12 A.M. II. Pledge of Allegiance Pledge of Allegiance was not recited. (American Flag not present) III. Roll Call - A quorum was established. IV. Changes and Approval of Agenda Victor Rios moved to approve the Agenda as submitted. Second by Joseph Moreland. Motion carried 2 -0. V. Public Comments Speaker Nicole Johnson, Conservancy asked if the Draft Inlet Management Plan was on the website. Staff responded the Draft Inlet Management Plan was not complete and not on the website. It was noted the Engineering Report is currently on the website and the PowerPoint presentation scheduled for today will be made available on the website. VI. Approval of Minutes Victor Rios moved to approve the December 19, 2011 Minutes as submitted. Second by Joseph Moreland Motion carried 2 -0. VII. Staff Reports None. VIII. New Business 1. Response to FDEP RAI No. 1 Steve Keehn, CPE provided a letter addressed to Lainie Edwards, PH.D., FDEP Environmental Manager dated January 15, 2012 regarding "Request for Additional Information (RA #I) on Wiggins Pass Maintenance Dredging & Navigation Improvement Project. (See Attached) He did a PowerPoint presentation and summarized the RAI Comments and CC Responses. An Incident Reporting Program has been implemented. Several discussions were made regarding the placement of sand, rebuilding of ebb shoal, building an ebb shoal model, timing, past dredging problems, scarp repair, detached break water and off shore disposal of dredge material. Wiggins March 19, 2012 VI -1 Approval of Minutes 3 of 4 Concern was expressed on the use of sheet piling temporary on the exterior during the construction to help form the ebb shoal. Sheet piling will be removed in 6 months. Work on the Project will be done out of sea turtle nesting season. 2. Response to USACE Comments to JCP Application 011512 Steve Keehn stated the USACE 10 questions have been addressed in requested DEP Responses. The USACE requires comments in their own format. Gary McAlpin reviewed the following critical issues to be addressed: ➢ Barefoot Beach Re- nourishment - Inlet Management Plan ➢ Model the ebb tide shoal ➢ Temporary sheet piling to stabilize the ebb shoal during construction (6 -9 mos.) ➢ "Letter of No Objection" from State Park ➢ Waiver on the near land sand disposal ➢ County EIS process (move forward immediately) ➢ Approval of Inlet Management Study by BCC ➢ Timing of project not during non - turtle nesting season ➢ Navigation Standard as opposed to Beach Standard ➢ Turbidity standards of NTUs (more discussion) ➢ Shorebird monitoring (put program in place) ➢ Problematic Biological Opinion By Corps ➢ Review Park issue letter ➢ No mitigation (near shore hard bottom and monitoring) ➢ Check and publish notice to local paper ➢ Review time line for the cubic yards Discussion was made on submitting RAI responses, subsequent RAIs and response times, time for Staff to complete model and permit process. The approved 10 year budget includes: / NO CO • Straighten Pass tgttED o Beach Re- nourishment • Engineering Funds for this study Victor Rios moved to direct Staff to move forward with the submittal to the DEP and the Corp and address their comments. Second by Joseph Moreland Some Conservancy of SW Florida controversial items were identified as; Environmental, NTUs and the EIS. Nicole Johnson will have time to review documentation and identify any issues prior to the next meeting. Motion carried 2 -0. Wiggins March 19, 2012 VI -1 Approval of Minutes 4of4 IX. Old Business None. X. Announcements Wiggins Pass Subcommittee Scheduled Meetings Staff suggested waiting for the return on Comments from the Agency and addressing issues with the Conservancy of SW Florida. The Subcommittee Advisory Board will meet in March. XI. Committee Member Discussion None. XII. Next Meeting Date /Location —Addressed X. Victor Rios moved to adjourn. Second by Joseph Moreland. Motion carried 2 -0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:43 a.m. Collier County Coastal Advisory Committee — Wiggins Pass Subcommittee Joseph A. Moreland, Chairman These Minutes were approved by the Board /Committee on as presented , or as amended March 2, 2012 Collier County 3301 E. Tamiami Trail Naples, FL 34112 Wiggins, March 19, 2012 VIII -1 New Business 1 of 9 Florida Department of Rick Scott Governor Environmental Protection Jennifer Carroll Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Herschel T. Secretary Jr Secretary c/o Stephen Keehn Coastal Planning and Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Comments on Partial Response to RAI #1 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.statetl. us Wiggins, March 19, 2012 VIII -1 New Business 2 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 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. 5. 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 CZMDirector. 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)0, 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 -11)) 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.state.fl.us Wiggins, March 19, 2012 VIII -1 New Business 3 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 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 QAIQC 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 QA /QC Plan. • In the final Sediment QA /QC 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)(j), 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 QA /QC 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.sta te. fl. us Wiggins, March 19, 2012 VIII -1 New Business 4of9 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: 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 set forth in Rule 62B- 41.007(2)6F), 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 biornass 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.dep.statefl.us Wiggins, March 19, 2012 VIII -1 New Business 5 of 9 Comments on Partial Response to RAI (41) 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 62B- 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. wwwdep.statef.us Wiggins, March 19, 2012 VIII -1 New Business 6 of 9 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 during a spring or sammer month 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 conducting an annual monitoring survey after previous monitoring surveys demonstrate inlet and shoreline stability, and navigation reports and site infections 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 identify 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 Wiggins, March 19, 2012 VIII -1 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 taken 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. All •verk aetivities and deliver-ables shall be reendueted in aeeordanee with the latest update of the BBGS- Photogra area, then aerial phategr-aphy shall be eendueted in aeeer-danee with the latest update of z',,.,,;,...,,,.,,., e, t 1 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. urvey. 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. www.dep.state.fl.us Wiggins, March 19, 2012 VIII -1 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. [XX1 of the approved Monitoring Plan for Permit No. [XX1 for the monitoring period [XX1. 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. Yon rueAdep. state. fl. us 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 Lucy Blair, DEP, South District Danielle Fondren, BBCS Jeff Raley, DRP Parks Small, DRP Subarna Malakar, BBCS Vladimir Kosmynin, BBCS Bob Brantly, BBCS Marcia Cravens Jennifer Koch, BBCS Lainie Edwards, BBCS Vince George, BBCS Paden Woodruff, BBCS Alex Reed, BBCS Roxane Dow, BBCS JCP Compliance, BBCS Stephen Fleming, USACE BBCS Permit File www, dep.sta te. f 1. us Wiggins, March 19, 2012 VIII -1 New Business 9of9 Wiggins March 19, 2012 VIII -2 New business 1 of 3 From: McAI inGary To: HambrightGail Subject: FW: County Comments- Wigging Pass Maintenance Dredging and Navigation Improvement Project Date: Wednesday, March 14, 2012 2:11:16 PM Importance: High This is new business item #2 for the Wiggins Pass Subcommittee meeting on 3/19. From: Keehn, Stephen [ mai Ito: Stephen. Keehn @shawgrp.com] Sent: Tuesday, March 13, 2012 2:01 PM To: McAlpinGary Cc: Floyd, Lauren Subject: FW: County Comments- Wigging Pass Maintenance Dredging and Navigation Improvement Project Importance: High Gary Steve Lenberger's comments are listed below. We are seeking further guidance from Michele Mosca, especially what to address from the Growth management plan. We have format their request into a format to address each policy point. (Ite� hers %e/in, P.E. Ph. 561 - 361 -3151 From: Floyd, Lauren Sent: Friday, March 09, 2012 9:51 AM To: LenbergerSteve Cc: MoscaMichele; Keehn, Stephen; MCAlpinGary Subject: RE: Wigging Pass Maintenance Dredging and Navigation Improvement Project Thanks, Steve. We will review these comments and let you know if we have any questions. In regards to Policies 10.5.3 and 10.5.10, this project is designed to improve the conditions described in both policies. I actually never received Michele's message; my cell number has changed since our last meeting, so it may have been lost in the transition (see updated contact info below). If Michele could please send me an email detailing what she needs to show consistency with the GMP that would be great. Thanks so much, Lauren Lauren S. Floyd Senior Marine Biologist Wiggins March 19, 2012 VIII -2 New business 2of3 Coastal Planning & Engineering, Inc. A Shaw Group Company 2481 N.W. Boca Raton, Blvd. Boca Raton, FL 33431 561.361.3184 direct 954.551.2594 cellular 561.391.9116 fax Shaw1m a world of SolutionsIm www.shawcirp.com From: LenbergerSteve [ mailto :SteveLenberger @colliergov.net] Sent: Friday, March 09, 2012 9:18 AM To: Floyd, Lauren Cc: MoscaMichele Subject: Wigging Pass Maintenance Dredging and Navigation Improvement Project Hi Lauren! I am currently reviewing the application for the Wiggins Pass Maintenance Dredging and Navigation Improvement Project (ST- PL20120000168) , and will need more time to review the submittal. I did speak with Michele Mosca from our Comprehensive Planning Section, regarding the project, and she indicated that she had left you a message regarding the need for a statement of consistency with the Growth Management Plan. The statement of consistency for this project will also include a consistency determination for the Conservation and Coastal Management Element (CCME), the portion of the Growth Management Plan (GMP) which I will review. I took a look at the Conservation and Coastal Management Element to see what Goals, Objectives and Policies would apply to this project. CCME Objectives 10.3 and 10.5 and their Policies address undeveloped shorelines /costal barriers and should be looked at. In particular, the following Policies should be addressed: 10.3.2, 10.3.4, 10.3.9, 10.3.10, 10.3.13, 10.3.15, 10.5.3, 10.5.4, 10.5.8, 10.5.9 and 10.5.10. You should also take a look at the Objectives and Policies under Goals 6 and 7 to see which apply. Several of the Policies referenced above refer to "development ", and it should be noted that development, as defined by the County, also includes activities such as alteration of land, the alteration of shore or bank of a seacoast, clearing of land and deposit of fill on land. Specifically, the Collier County Land Development Code (LDC) defines Development as follows. Development: The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into 3 or more parcels. The following activities or uses shall be taken for the purposes of this Code to involve "development': a. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. C. d. e. f. 9• Wiggins March 19, 2012 VIII -2 New business 3of3 Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in § 161.021, F.S. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. Demolition of a structure. Clearing of land as an adjunct of construction. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. With regards to this project, we are particularly interested on how the project is consistent with CCME Policies 10.5.3 and 10.5.10. These Policies state the following. "Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system ". "Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function." Please provide a detailed narrative explaining how the project is consistent with these two Policies. The statement of consistency provided for these and the other Policies and Objectives will be used by staff in our findings and recommendations for the project during public hearings. Please note that the binders submitted for the Special Treatment (ST) permit will also be used in the analysis for the Consistency Determination, so they need not be submitted again. I would recommend including your statement of consistency as a section in the binder. You can provide this separately along with a revised Table of Contents and staff will insert the new and revised pages into our binders (3 copies previously provided). Thank you! Under Florida Law, e -mail addresses are public records If you do riot 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 * ** *Internet Email Confidentiality Footer * * ** Privileged /Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and notify the sender by reply email. Please advise immediately if you or your employer do not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of The Shaw Group Inc. or its subsidiaries shall be understood as neither given nor endorsed by it. The Shaw Group Inc. http://www.shawgrp.com Go 1e-r C01414ty Public Services Division Coastal Zone Management February 16, 2012 Ms. Erma Slager Deputy Secretary for Land and Recreation Department of Environmental Protection 3900 Commonwealth Blvd. MS 049 Tallahassee, FL 32399 Mr. Donald Forgione Director of Florida Park Service 3900 Commonwealth Blvd. MS 535 Tallahassee, FL 32399 Wiggins March 19, 2012 VIII -4 New Business 1 of 7500.603 CEI�TED FEB 2 3 2012 By- RE Wiggins Pass Inlet Management Study and Permit Application (JCP File No. 0142538-0084C) Dear Ms. Slager and Mr. Forgione: This Ietter is a request for support for the Wiggins Pass Channel Straightening- project. The project includes navigation improvements to Wiggins Pass along with inlet bypassing required by the State's new inlet legislation in Sections 161.142 and 161.143; Florida Statues (see enclosed project drawing). Inlet maintenance has occurred since 1984, along with sand bypassing to adjacent shorelines. Current practices need to be modified to better serve the community, the environment, the boating public, the State Park System and the County. As directed by the Bureau of Beaches and Coastal Systems in their March 24, 2010 RAI #1, we are requesting a letter of "no objection" for activities above mean high water (MHW) which include activities proposed as follows: 1. Sand placement on Delnor Wiggins Pass State Park ( DWSP) above MHW. 2. As part of equitable sand bypassing, we are requesting direction on where to place sand on DWSP, if the State's preference differ from 1 above. 3. Sand placement on Barefoot Beach above MHW, which is State Lands. 4. Dredge through an ephemeral sand spit in the inlet at DWSP. In the March 2010 Request for Addition Information (Permit No. 0142538- 008 -JC), the FDEP requested a letter of no objection from the easement/lease holders. The County submitted the response to FDEP request for additional information on January 30, 2012, which addressed improved inlet management for Wiggins Pass. The submittal included permit sketches in Collier County Coastal tone Management - W. Harmon Turner Building, Suite 103.3301 East Tamiami Trait - Naples, Florida 34112.239- 252.2966 • FAX 239252 -2950 www. colliergov .net/coastalzonemanagement Wiggins March 19, 2012 VIII -4 New Business 2of4 Wiggins Pass Study/Permit App.. February 16, 2012 Page 2 of 4 Attachment 24 and a full technical analysis (Attachment 33a and 27) entitled `Engineering Report of an Inlet Management Study for Support of Maintenance Dredging, Navigation Improvements and Erosion Reduction Project for Wiggins Pass, Florida." These documents can be viewed on the Collier County website at httv://www.collieritov.net/Index.aspx?page=2894. The engineering, geology, and modeling analysis submitted with the response indicates that straightening the navigation channel will reduce maintenance dredging needs by approximately 1/3'd compared to current inlet maintenance practices. In addition, it will reduce impacts to adjacent shorelines and correct the sediment imbalance in inlet bypassing that has occurred starting with the first dredging event in 1984. The results of field investigations and studies have not supported, the state park's concerns about impacting natural resources and removing stabilizing geology. The proposed flood channel is at the location of the natural channel approximately 65 =80 years ago. -N, y ; '��`•LWYY�7iilYi�� r 1J3 JJf ifs' �rti _ s �j�sr,wat � J; � �t{,�� .y� � k� �� r � Z�r� � �I � /1 "'• e. r' Miff " t ®*�� Zgi y �m &3, Z I'll l�iy 1•,a t e -.. l�r1r M�a 'rj.� ki-Z"..`tieH�• e ° �Rt�7 � - 4 # � �°'� rAy } ..�• r A � ;� ' � 4r � �� ,'4'21k' w fi 4 z 4 Jy� •�� rK:. �,,; 7 i, � L I !S_i}y. S . .,:.: i M1,V . 'e ; � �„ ~ � wry.° � MZ ��''.., 7'+;. {Pct.. t� - +..{'k'r" -� ^r ft 1 i s tw iy�,� `p �a.. � r � � r \ � S•J,7.,M � � J \ Nt\t au tt�\..�.��.a Ewa \... vuq \ \1 \ \ \ \ \ \ \ \ \ \ \� \ \ \ \ \v'. K'i .'�5,'r`� - j `(�`t '� '_'�''?"��r w y,•� t ��. �x F "'Mph � 0 •', •, J, °�+ }lea 1.1.- i a � ��1 `w'' �� ,rtr pi�°s�`�'�� `� ;,• .�44 O • � • ° � jd� C,�,• i r �`a � -,. - !..r•., o e ° • r: r •. •o . Both Barefoot Beach and Delnor Wiggins Pass State Park are state lands, and an efficient navigation channel and inlet management plan requires use of state lands above mean high water Wiggins March 19, 2012 VIII -4 New Business 3 of 4 Wiggins Pass Study/Permit App. February 16, 2012 Page 3 of 4 (MHW). The most efficient beneficial use of sand dredge from the inlet is to place it onshore at both parks. The last permit (JCP # 0 142538-001 -JC) allowed placement on Delnor Wiggins State Park above MHW but called for placement in the nearshore zone at Barefoot Beach. Modeling indicates that sand placed onshore at Barefoot Beach will have a longer residence time, which is also applicable to Delnor Wiggins State Park. The proposed bypassing plan at DWSP is to place the sand into the nearshore disposal area shown in the project drawing. Since Collier County manages Barefoot Beach, the county is working to modify the park's management plan to allow beach disposal. The County has placed sand onto the beach at Delnor Wiggins Pass State Park in the past, but recently there have been objections to sand from inlet dredging. Please tell us your preferences for disposal of the inlet sand. The construction of a straight channel will also require dredging a small sand spit, which has emerged since 2005 on the north shoreline of DWSP. We received a letter from Michael Barnett, Chief of the Bureau of Beaches and Coastal Systems, dated May 13, 2011 with qualified support for constructing a straight channel through Wiggins Pass, as illustrated in the above figure_ This straight channel will require cutting the small sand spit that protrudes into the inlet from Delnor Wiggins Pass State Park. The May 13 letter appears to provide the basis for "no objection response contingent on approval of our plan. If the straight channel was proposed 6 years ago, there would have been no sand spit in the way of the proposed channel. Please provide the "no objection" for this activity. We request a letter of "no objection" for the work above MHW from the appropriate FDEP department to include Barefoot Beach if applicable. We also request the Department provide a preference for a sand bypassing disposal area for Delnor Wiggins Pass State Park. The engineering plan we submitted with the response to FDEP request for additional information (JCP File No. 0142538- 008 -JC) provides substantial documentation why the proposed plan needs to be implemented. Continuing with the current management plan or a no action plan will lead to severe impacts to Barefoot Beach and the northwest point of DWSP. A less than optimal plan based on compromises with local stakeholders was developed in the mid -1990s and implemented in 2000, and it has proven inadequate. We believe that the proposed plan will improve navigation and conditions on both sides of the inlet with less cumulative impacts. If you have any questions or comments regarding this submittal, please feel free to contact Stephen Keehn or myself. Sincerely, Gary McAlpin, PE, CZM Director Wiggins March 19, 2012 VIII -4 New Business 4of4 Wiggins Pass Study/PennitApp. February 16 2012 Page 4 of 4 cc: Stephen Keehn, CPE Lainie Edward, FDEP BBCS- Valinda Subic, FDEP Parks Jeff Raley, FDEP Parks Robert Brantly, FDEP BBCS Joe Moreland, ECA of Collier County n m C31 D N CD x U) 0 O CD I rn v U) O CD Q U) CD n CD C cn CD (D 3 z O O CD C) 0 I C7 N 00 W w O cn U) C/) O cn cn C.0 m C) z O 0 ■ in 0 cn CD 0 Cn G� zT co 3 D O cD� CD cn CD QL t 'N 0 D 0 3 CD CDL CD CD N � CD n O r+ l< n O 3 I rn CI v v � CD o v 71 U m -o C7 O 3 3 CD I (D_ n 0 c� n M hA Z O (D O O ou C) Q m cr C/) O (D m W N z C/) n M Cr -0.. W N 3 (D cn ° cQ co co Q (D m o cD o 0 0 v r+ o CD rn CD v ° °Q o O oo m cn o n v x CQ ° n o-n 0 m Q CD -Z CD n CD Q (n Q CT < 0 (D I CD O CD Cn (n O ON m CQ. (D ° �3 o _' CD CC CD 77 ( cn -P... p o v C7 --I Q Q W -,j co -� o O m cn 77 F i C7 O c O O Q CD cn CD r+ 0 CD n STATEMENT OF CONISTENCY WITH THE GROWTH MANGEMENT PLAN WIGGINS PASS MAINTENANCE DREDGING AND NAVIGATION IMPROVEMENT PROJECT (ST- PL20120000168) I. INTRODUCTION Statement that the project is consistent w/ the FLUE and CCME of the Collier County Growth Management Plan and a summary of common elements. II. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (COME) GOAL 10: THE COUNTY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.4: Public expenditures within Collier County's undeveloped coastal barrier system shall be limited to acquisition for purposes of public safety, education, restoration, and removal of exotic vegetation, recreational use, and/or research facilities. Such uses will be allowed only if the establishment of such use would not substantially alter the natural characteristics and natural functions of the undeveloped coastal barrier system. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 10.3.13: Substantial alteration of the natural grade on undeveloped coastal barriers, through filling or excavation shall be prohibited except as part of an approved dune and/or beach restoration program, or as part of an approved public development plan for one or more of the uses allowed by Policy 10.3.4, above. Policy 10.3.15: All new development proposed on undeveloped coastal barrier systems shall be reviewed through the County's existing "Special Treatment" ( "ST ") zoning overlay district. Objective 10.3 and its accompanying policies shall serve as criteria for such review. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. (VI) Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Setback Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.8: Prohibit shoreline armoring processes and encourage non - structural methods for stabilizing beaches and dunes. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; C. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. III. FUTURE LAND USE ELEMENT CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. Please address the following in your consistency response: • Explain how the proposed project will conserve and/or maintain the county's natural resources (example: beach maintenance, improved flushing of waterway, etc.) • Describe adverse impacts, if any, to the environment and describe proposed mitigation • Explain the proposed project's environmental, recreational and economic benefits Guidance provide by: Steve Lenberger Michele R. Mosca, AICP Summary of FDEP Partial Response to RAI #1 1. The RAI is manageable and is basically project approval subject to our responding per their instruction and giving in on a few points. 2. We have secured better flexibility in a telephone conference with FDEP. 3. FDEP is adopting a stricter interpretation of their rules in the last few year. a. Completion items b. Sand Rule. (33d): Mixing zone: We will use the standard 150 meter mixing zone for dredging rather than the 450 meter requested, but 10 ntu in the Aquatic Preserve was acceptable. (A, 27f, 33b): The QA /QC dredge plan (sand disposal) is largely accepted except for refined treatment of silt and clay Associated comments is most of the ink in FDEP comments All sand with silt and clay content greater than 5% offshore Modified to allow sand with up to 10% silt nearshore & ebb shoal. (5,13,17 ... ): Straightened Channel accepted (B) pending park Service meeting. Final project description, drawing, acreage pending Parks discussion "No objection" and a Use agreement from the Park Service pending Mar 28 meeting (19): County Consistency thru the County EIS process is under review (37): A biological (reef) monitoring plan is a completion item. Revised physical monitoring plan . (39): The Fee Attachment 17 was submitted, but may need to be modified after State Park's discussion March 2, 2012 Collier County 3301 E. Tamiami Trail Naples, FL 34112 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 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 Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T.Vinyard, Jr Secretary Comments on Partial Response to RAI #1 DEP File Number: 0142538- 008 -JC and 0142538- 013 -BV, Collier County Applicant Name: DEP Division of Recreation and Parks and Pinellas 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 l7, l9, 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 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. 5. 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 CZMDirector. 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(l)(t), 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 -11)) 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 easement4ease 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.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 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 QAIQCplan 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 #l, 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)(j), 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 QAIQC 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)61), 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.state. fl. 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 4 of 9 In the construction portion of the document, Table l 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 QA/QC plan as required by Rule 62B- 41.008(l)(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 set forth in Rule 62B- 4I.007(2)6F), 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.dep.statefl.us Comments on Partial Response to RAI ( #1) File No. 0 14253 8-008-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 62B- 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.statef 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 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 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 conducting an annual monitoring survey previous monitoring surveys urveys demonstrate inlet and shoreline stability, and navigation reports and site inspections indicate no significant channel shoaling or shoreline erosion since the previous monitoring shy. [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 identify 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 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 taken 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. All work ,,e fivities and tot;,.o. i,tos; 'Rh all ho ,.a,, +oa ,, a r o with the latest , pa +o of the >?>?rc ,44�9 e &sndafds fi6rBeaeh &esian 6w-rec A*eets, Seetiten 02000 4eo ' Plteteg#wphy 4equiskiels. O( ete: I€ i3effish -A-Fe is pf:esen4i- -within thepFej 6 ea, then aerial photography shall be eea&eted in- with the West Upda4e of the BBGS AM itering-Standao4g fer-Beaeh Fw -esien Gentr-el Prejeet-s, Scctieff 021 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. 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 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(&dgp. state. fl.us or by telephone at (850) 414 -7798. www. dep.state. f 1. 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.statefl.us