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EAC Minutes 07/03/2012July 3, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL in) ROW W121 Naples, Florida, July 3, 2012 S E P f) BY........................ LET IT BE REMEMBERED, the Collier County Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman David Bishof Gina Downs V` Michael Sorrell (Excused) FO-all Gary McNally (Alternate) hi�•s inlr;� _ — Coyle CcdC- -dLa w:=�;c. Corres: Date: I a \Q 1 �2 Item #: \ LT 219 Q Copies to: ALSO PRESENT: Steve Williams, Assistant County Attorney Stephen Lenberger, Sr. Environmental Specialist Jerry Kurtz, Stormwater and Environmental Planning Manager Gary McAlpin, Director, Coastal Zone Management 1 July 3, 2012 I. Call to Order Chairman Hushon called the meeting to order at 9:01AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Ms. Downs moved to approve the Agenda. Second by Mr. NcNally. Carried unanimously 4 -0. IV. Approval of the June 6, 2012 meeting minutes Ms. Downs moved to approve the minutes of the June 6, 2012 meeting as presented Second by Mr. McNally. Carried unanimously 4 - 0. Mr. Dickman arrived at 9: 04am V. Upcoming Environmental Advisory Council Absences None The Council determined to hear item VIII.A before item VIA VIII. Old Business A. Approval of Memo to BCC regarding Fertilizer Ordinance The Council reviewed a proposed memo to the Board of County Commissioners — Subject: "Improving Collier County's Fertilizer Ordinance" dated July 3, 2012. The following documents were submitted for the record: • Copy of the adopted Collier County Fertilizer Ordinance (Ordinance 11 -24). • Previous draft of a Collier County Fertilizer Ordinance containing more stringent requirements than the adopted Ordinance. • "Analytical Results of Nutrients and Chlorophyll Relative to the 2008 Fertilizer Ordinance in Lee County" prepared by Jim Ryan and Ernesto Lasso de la Vega last revised 05 -25 -12 and Appendix A,B. • Email from Amber Crooks dated Wednesday, June 06, 2012 5:41 PM to Council members and Staff - Subject: "Lee County Stringent Ordinance Reduced Nutrients - Study Attached" Ms. Downs moved to approve the memo as drafted and forward it to the Board of County Commissioners for their consideration. Second by Mr. Bishof. Sneakers Amber Crooks, Conservancy of Southwest Florida spoke in support of the motion. Katie Parrish, Sierra Club spoke in support of the motion. Carried unanimously 5 — 0. 2 July 3, 2012 The Council requested Staff to contact the County Manager and have the memo placed on the September Board of County Commissioners meeting agenda. VI. Land Use Petitions A. Wiggins Pass Maintenance Dredging and Navigation Improvement Project Special Treatment Permit (ST- PL20120000168) - Sections 8,17 & 20, Township 48 South, Range 25 East The presenters were sworn in. Staff submitted the "EAC Staff Report — Meeting of July 3, 2012" for the record. Gary McAlpin, Director, Coastal Zone Management provided and overview of the application noting: • The project involves re- alignment of Wiggins Pass which is bordered on the north by Barefoot Beach and Delnor Wiggins State Park on the south. • The area is currently dredged for navigation purposes approximately every 24 months at a cost of $750,000 per event • The County is seeking to lengthen the dredge cycle, reduce maintenance costs and improve navigation of the Pass. • In order to find a solution, the Board of County Commissioners appointed a Stakeholders Workgroup of individuals representing the boating and environmental community, State Division of Parks and Recreation, Friends of Barefoot Beach and other parties. • The Workgroup developed a proposal and forwarded it to the Coastal Advisory Committee where a 3 member Subcommittee was appointed to implement the proposal. • The proposal is straighten the channel (which is currently an "S" curve) through a "soft engineering" design approach. • The realignment is intended to lengthen the major dredge cycle to approximately 4 years. • The proposal is designed for navigation of a 3 foot draft vessel maximum and will be completed outside of sea turtle nesting season. • The proposed solution consists of 3 components: • An initial construction phase as provided in the application. • A major dredge event (50,000 CY) anticipated every 4 years. • A minor dredge event (8,000 — 10,000CY) every 2 years. Steve Keehn and Lauren Floyd of Coastal Planning and Engineering presented the Slideshow "Wiggins Pass Improvement Project — Presentation to the EAC" and provided an overview of the application noting: • The area is unique for the County as the net sediment transport is from the south to the north unlike other coastal areas in the county where it is the opposite. • Over the course of time, the channel has migrated northerly causing environmental damage and reconfiguring itself to an "S turn" as opposed to a historically straight channel. r' July 3, 2012 • In addition, sand accretion out the mouth of the channel impedes navigation and requires frequent dredging. • The accretion is caused by a combination of natural conditions and man made events such as dredging of adjacent bays. • The proposal was developed with the following goals in mind: • To lengthen the current dredge cycle required to maintain the Pass. • To find an environmentally friendly solution. • To improve navigational safety. • To curb the erosion occurring at the south end of Barefoot Beach. • To find a cost effective solution. • The proposal is based on a variety of data including extensive Stakeholder input, data collection and analysis, "ground truthing" and detailed computer modeling of the morphology of the Pass. • The proposed project protects endangered species, oyster beds and gopher tortoise nests within the area affected. • There will be no direct negative impacts on the hard bottom or sea grasses. • During the construction phase the Florida Fish and Wildlife Conservation Commission "construction conditions" will be effect including monitoring of turbidity. • The project is in conformance with the Coastal and Conservation Management Element and the Future Land Use Element of the Growth Management Plan. Council discussion occurred on: • Concern on the lack of a study for the projects potential impacts on any infauna in the area. • Concern the environmental disruption to the area may not lead to achieving the goal of lengthening the dredge cycle given the natural dynamics of the area. • An inlet in Bogue, NC, which was addressed with a similar solution and has exceeded expectations over a 5 year period. Break: 10: 50am Reconvened.• II:00am Sneakers Joe Moreland, Coastal Advisory Committee, Wiggins Pass Subcommittee Chairman addressed the council noting the project was developed with a substantial amount of Stakeholder input. Approximately $437,000 has been expended to date for study, design and permitting of the project. The project provides benefits in the area of increased flushing of the system, improved water quality, improved safety for navigation, and decreased liability to the County. It addresses a negative economic impact to the County (reduced collection of boat ramp fees at the County Boat ramp and decreased property values for landowners relying on the pass for access to the Gulf of Mexico). He requested the Council to recommend approval of the application. 2 V July 3, 2012 Nicole Johnson, Conservancy of Southwest Florida supports the project noting the goal was to find a balance between protection of the environmental resources in the area and the ongoing rights to navigation. She recommended two conditions be attached to any recommended approval: the project provide adequate navigation for a 3 foot draft vessel maximum; and the scope of work be completed outside of turtle nesting season. She submitted written correspondence to the Chairman in the form of a letter dated June 26, 2012. Ms. Downs moved to recommend the Board of County Commissioners approve Wiggins Pass Maintenance Dredging and Navigation Improvement Project - Special Treatment Permit (ST- PL20120000168 subject to the following conditions: 1. The proposed project be designed to a depth required for navigation of a 3 foot draft vessel, maximum. 2. Construction elements (dredging, sand placement, etc.) of the project be undertaken outside of sea turtle nesting season. Mr. Bishof expressed concern a study was not completed on the potential impacts on the infauna of the area. Mr. Dickman expressed concern the project may not meet the goal of lengthening the dredge cycle given the natural dynamics of the Pass. However, in accordance with the policies under the auspices of the Council, the project meets the goals of the Coastal Conservation and Management Element of the Growth Management Plan. Mr. McNally noted the project will be an opportunity for the County to analyze a soft engineering solution to these issues and should provide valuable data for projects as the County moves forward. Chairman Hushon noted, in relation to infauna, the area is already subject to continuous disturbance via the ongoing dredging events and the consultants analyzed data (including ground truthing) for the natural resources associated with the area. Gary McAlpin reported the Agencies involved in permitting the project did not require a study on potential impacts on infauna. Second by Chairman Hushon. Motion carried 4 "yes" — I "no. " Mr. Bishof voted "no. " VII. New Business (continued) B. Update members on projects Steve Lenberger reported the Bayside Cultural and Performing Arts Center application was approved by the Board of County Commissioners absent of the conditions recommended by the Environmental Advisory Council. IX. Council Member Comments A. Subcommittee Report Mr. Dickman reported the Subcommittee is conducting a comparison of environmental regulations between Collier County and adjacent Counties. They are currently addressing stormwater management planning. 1 July 3, 2012 X. Staff Comments None XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11:50 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, These Minutes we V approved by the Board/Chairman on as presented ti/ , or as amended 0