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Agenda 10/09/2012 Item #11C10/9/2012 Item 11.C. EXECUTIVE SUMMARY Recommendation to approve a resolution finding petition Number ST- PL2012168 for a special treatment development permit to dredge and fill on state -owned property in the vicinity of Wiggins Pass consistent with the Agricultural and Conservation Special Treatment Overlays (A -ST and CON -ST) and issue the permit. The project is located in Sections 17,18 and 20, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) take final action on a Special Treatment (ST) permit for a project known as the Wiggins Pass Maintenance Dredging and Navigation Improvement Project. CONSIDERATIONS: The Wiggins Pass Maintenance Dredging and Navigation Improvement Project is a non- structural solution designed to improve navigation and to address the erosion issue at Barefoot Beach. This project will not involve removal of any native vegetation or wetlands, and avoidance measures will be incorporated during dredging to avoid impacts to seagrass resources. The proposed project will re- establish a historic location of the flood channel: the new flood channel will be relocated to where the flood channel was located in the last 60 -80 years. Overall, the proposed project consists of an initial dredging, major maintenance dredging every 4 years, and minor maintenance dredging in between, for a total volume of approximately 214,000 cubic yards over a ten -year period. The existing 1995 Wiggins Pass Inlet Management Plan requires dredging at least 50,000 cubic yards every 2 years, for a total cumulative volume of at least 300,000 cubic yards every decade. The proposed plan will require approximately 86,000 cubic yards less material to be dredged over a ten -year period when compared to the 1995 Plan. The proposed design modifies and improves upon the County- approved 1995 Wiggins Pass Inlet Management Plan. This project includes channel realignment which will be accomplished by straightening the inlet channel layout and infilling and blocking the northern flood shoal meander. The east, north, and south interior channel entrances are identified for maintenance dredging, should sand shoal within their respective boundaries. The designated dredge disposal locations and distribution will be modified and relocated based on shoreline monitoring results, with preference given to areas with greatest need. Incorporating the ability to modify disposal locations will increase management flexibility, reduce sediment loss to the system, and minimize impacts to Barefoot Beach and Delnor- Wiggins Pass State Park shorelines. Nearshore and beach (onshore) disposal areas are located north of the inlet between Florida Department of Environmental Protection (FDEP) R- Monument Markers R -12 to R -15.5 and south of the inlet between R -18 and R -20. An ebb shoal disposal area has also been designated to assist in stabilizing the Barefoot Beach shoreline. A separate offshore disposal area (Borrow Area 6 from the 1996 Beach Nourishment Project) has been designated as an acceptable location to place unsuitable fill dredged from the channel. All disposal areas are state -owned property. The project also includes scarp repair along southern Barefoot Beach to restore the beach to historic Packet Page -356- 10/9/2012 Item 11.C. conditions. A dynamic design will be incorporated into the maintenance plan for the inlet so that long -term dredging can be reduced. Florida Department of Environmental Protection has reviewed and approved this design and is in the final stages of issuing a permit. In addition, Collier County will be soliciting an independent peer review from Olsen Associates, Inc. This review will be completed by mid December 2012. The findings of the peer review will be presented for board considerations with the approval of the contract. According to the Land Development Code (LDC), the purpose of the ST Overlay is for the conservation, protection, and preservation of ecological and recreational values of environmentally sensitive land within the Overlay and at the same time, to permit those types of development which hold changes to levels determined acceptable by the BCC after public hearing (2.03.07 D LDC). Procedures in the LDC for site alteration plan and site development plan approval require recommendations of staff, Environmental Advisory Council (EAC) and Collier County Planning Commission (CCPC) to be forwarded to the BCC for final action. The LDC does not require that the public hearings be legally advertised or that notice be provided to abutting property owners (4.02.14 LDC). The project encompasses ST Overlays as depicted on the attached ST Overlays Exhibit. FISCAL IMPACT: There is no direct fiscal impact due to the approval of the ST Pen-nit. The fiscal impacts to the County will occur at time of construction. The Natural Resources Department will identify the capital and recurring costs at the time of award of the construction contract. Funding for this project will be from Tourist Development Tax Category A, Fund 195. This project is scheduled to be bid in January, 2013 and has an estimated cost of $1.7 million. The final award will be subject to board approval of the contract. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The proposed dredging area is located within the Conservation designated area on the countywide Future Land Use Map, and within the Coastal High Hazard Area. The Future Land Use Element does not specifically address dredging. However, the proposed dredging is intended to restore and stabilize eroded shorelines, protect native vegetation and wildlife, improve inlet navigation, improve estuary flushing, improve water quality, and enhance recreational opportunities. These functions are generally promoted and supported in certain Goals, Objectives and Policies of the Future Land Use Element (and Recreation and Open Space Element and Conservation and Coastal Management Element) of the Growth Management Plan and allowed by the Conservation designation. Therefore, the Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the Goals, Objectives and Policies of the Future Land Use Element. Packet Page -357- 10/9/2012 Item 11.C. Conservation and Coastal Management Element (CCME): Staff finds the Wiggins Pass Maintenance Dredging and Navigation Improvement Project to be consistent with the CCME. Please see the EAC and CCPC Staff Reports for information with regards to this determination. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on July 3, 2012, and voted 4 -1 to approve with the following stipulations. 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 will be undertaken outside of sea turtle nesting season. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: This item was heard by the CCPC at the August 16, 2012 hearing, and by a vote of 7 -0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to staff's recommendations. 1. The dredge project be designed for boats with a three -foot maximum draft. 2. Construction activities be limited to outside of sea turtle nesting season. LEGAL CONSIDERATIONS: This item has been reviewed and approved for legal sufficiency. A majority vote of the Board is necessary for Board action. HFAC RECOMMENDATION: Staff concurs with the recommendations of the EAC and CCPC and recommends that the BCC approve the ST permit as specified in the attached resolution. PREPARED BY: Stephen Lenberger, Senior Environmental Specialist, Natural Resources Department of the Growth Management Division - Planning & Regulation Attachments: 1) CCPC Staff Report 2) EAC Staff Report 3) Resolution (includes Exhibit A — Project Component Map; Exhibit B — Conditions of Approval) 4) ST Overlays Exhibit 5) Application Packet Page -358- COLLIER COUNTY Board of County Commissioners Item Number: 11.C. 10/9/2012 Item 11.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a resolution relating to Petition Number ST- PL2012 -168 for a Special Treatment Development Permit to dredge and fill on State -owned property in the vicinity of Wiggins Pass channel zoned Agricultural and Conservation with Special Treatment Overlays (A -ST and CON -ST) in Sections 17, 18 and 20, Township 48 South, Range 25 East, Collier County, Florida. (Stephen Lenberger, Senior Environmental Specialist, Growth Management Division) Meeting Date: 10/9/2012 Prepared By Name: LenbergerSteve Title: Environmental Specialist, Senior,Engineering & Env 9/4/2012 3:59:06 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 9/7/2012 11:13:11 AM Name: KurtzGerald Title: Project Manager, Principal,Transportation Engineer Date: 9/11/2012 5:54:03 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 9/18/2012 11:06:35 AM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 9/18/2012 4:22:59 PM Name: MarcellaJeanne Packet Page -359- Title: Executive Secretary,Transportation Planning Date: 9/27/2012 8:23:10 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/1/2012 10:13:47 AM Name: KlatzkowJeff Title: County Attorney Date: 10/1/2012 11:02:04 AM Name: OchsLeo Title: County Manager Date: 10/2/2012 3:52:18 PM Packet Page -360- 10/9/2012 Item 11.C. 10/9/2012 Item 11.C. AGENDr. i # &-,we av-r► Coder C014nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: NATURAL RESOURCES DEPARTMENT PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION - PLANNING & REGULATION HEARING: AUGUST 16, 2012 SUBJECT: PETITION: ST- PL20120000168, WIGGINS PASS MAINTENANCE DREDGING AND NAVIGATION IMPROVEMENT PROJECT SPECIAL TREATMENT PERMIT PROPERTY OWNER/AGENTS: Applicant: Collier County Board of County Commissioners Collier County Coastal Zone Management Department 3299 Tamiami Trail East, Suite 103 Naples, FL 34112 Property Owner: Trustees of the Internal Improvement Trust Fund (TIITF) of Florida Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Blvd. Tallahassee, Florida 32399 Leased by: Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 REQUESTED ACTION: The Applicant requests a Special Treatment (ST) permit for dredging to improve navigation and address erosion issues at Wiggins Pass. GEOGRAPHIC LOCATION: Page 1 of 11 Packet Page -361- 10/9/2012 Item 11.C. Wiggins Pass is located at the Gulf of Mexico between Delnor- Wiggins State Recreation Area and Barefoot Beach State Preserve, in Sections 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. In addition, the Pass is located 5 miles north of Clam Pass and 5.9 miles south of Big Hickory Pass, and is a natural inlet which provides access to the Gulf of Mexico for a number of embayments and rivers along three main interior channels. The eastern channel connects to the Cocohatchee River. The southern channel connects to Water Turkey Bay and Vanderbilt Lagoon, and the northern channel connects to the lagoon between Little Hickory Island and the mainland. Wiggins Pass is bounded by public lands which extend 7,950 linear feet to the north and 6,010 linear feet to the south. Barefoot Beach Preserve lies to the north and Delnor- Wiggins Pass State Park is to the south. PURPOSE/DESCRIPTION OF PROJECT: The Wiggins Pass Maintenance Dredging and Navigation Improvement Project is a non - structural solution designed to improve navigation and to address the erosion issue at Barefoot Beach. This project will not involve removal of any native vegetation or wetlands, and avoidance measures will be incorporated during dredging to avoid impacts to seagrass resources. The proposed project will re- establish a historic location of the flood channel: the new flood channel will be relocated to where the flood channel was located in the last 60 -80 years. Overall, the proposed project consists of an initial dredging, major maintenance dredging every 4 years, and minor maintenance dredging in between, for a total volume of approximately 214,000 cubic yards over a ten -year period. The existing 1995 Wiggins Pass Inlet Management Plan requires dredging at least 50,000 cubic yards every 2 years, for a total cumulative volume of at least 300,000 cubic yards every decade. The proposed plan will require approximately 86,000 cubic yards less material to be dredged over a ten -year period. SURROUNDING LAND USE AND ZONING: NORTH - Barefoot Beach State Preserve (CON -ST) SOUTH - Delnor- Wiggins Pass State Park (CON -ST) EAST - Tidal waters and wetlands / Cocohatchee River (A -ST) WEST — Gulf of Mexico GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: A. Future Land Use Element The proposed dredging area is located within the Conservation designated area on the countywide Future Land Use map, and within the Coastal High Hazard Area. The Future Land Use Element does not specifically address dredging. However, the proposed dredging is intended to restore and stabilize eroded shorelines, protect native vegetation and wildlife, improve inlet navigation, improve estuary flushing, improve water quality, and enhance recreational opportunities. These functions are generally promoted and supported in certain Goals, Objectives and Policies of the Future Land Use Element (and Recreation and Open Space Element and Conservation and Coastal Management Page 2 of 11 Packet Page -362- 10/9/2012 Item 11.C. Element) of the Growth Management Plan and allowed by the Conservation designation. . Therefore, the Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the Goals, Objectives and Policies of the Future Land Use Element. B. Conservation & Coastal Management EIement Staff finds the project to be consistent with the relevant Objectives and Policies of the CCME. A Collier County Special Treatment (ST) Permit and Coastal Construction Setback Line Permit will be required prior to the start of construction, for consistency with the County Land Development Code. The project is consistent with Policy 1.3.1 of the CCME which outlines the purpose for Natural Resource Protection Areas. These designated areas are meant to protect, maintain and restore ecological functions, which this project is designed to do. Policy 6.1.8 of the CCME requires appropriate environmental data to be submitted for proposed development, site alteration or projects, to protect, conserve and enhance environmental quality and resources. Appropriate environmental data has been submitted for review of the Special Treatment Permit. Policy 7.2.1 of the CCME requires the County to apply the marina siting criteria contained in the Collier County Manatee Protection Plan in order to direct increased boat traffic away from sensitive manatee habitats. The marina siting criteria contained in the Manatee Protection Plan is applicable to all multi -slip docking facilities with ten slips or more and all marina facilities. Since the proposed project is not in conjunction with a marina or multi -slip docking facility, the Manatee Protection Plan does not apply. Goal 10 of the CCME restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974; is referred to as the Coastal Construction Setback Line (CCSL) by Collier County. Staff's review of the subject property found the project as proposed to be seaward of the CCSL. A Coastal Construction Setback Line Permit will be required prior to dredging, for consistency with the Land Development Code. Objective 103 of the CCME, states that "Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced." Objective 10.5 and its associated Policies encourage opportunities for recreational, educational, scientific and esthetic enjoyment of coastal resources, and also require that construction activities not interfere with sea turtle nesting, maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Consistence with Objectives 10.3, 10.5 and their associated Policies, the project provides a non - structural alternative to improve inlet navigation, restore and stabilize adjacent eroded Page 3 of 11 Packet Page -363- 10/9/2012 Item 11.C. shorelines, protect native vegetation and wildlife, improve flushing of the estuary, and encourage recreation opportunities for enjoyment of the coastal resources. ANALYSIS: 1. Proiect History, Goals and Analysis Wiggins Pass is currently dredged at regular intervals of approximately 2 years to maintain navigation for boats with up to a 3 foot draft. The pass provides boat access to the Gulf from inland waterways and lagoons at Vanderbilt Beach, the Cocohatchee River, Wiggins Pass Marina, and several other private and public marinas and ramps. The dredged channel extends from the inlet throat to about 1,200 feet offshore. Periodic dredging has occurred at the intersection of the interior channels. Disposal areas are located north of the inlet between R11.4 to R14.2 (FDEP R- Monument Markers) and south of the inlet between R18 and R20.5. The inlet has been dredged since 1984 under two previous permits. Details of the history of Wiggins Pass, management of the inlet and analysis thereof are provided in the engineering study, in Appendix 3 of the Environmental Data for the project. The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Committee are: 1. To provide a safe channel for boating 2. To address erosion at Barefoot Beach 3. To lengthen the dredge cycle, accomplished with the least impact on the environment 4. To provide a solution that is economically effective A non - structural alternative is an objective for the inlet design in order to improve navigation. The committee, which formulated the main goals for Wiggins Pass, represented a broad range of local stake holders appointed by Collier County. The current and historic inlet and shoreline conditions were evaluated in order to develop an improved inlet management strategy. A complete coastal study was performed in conjunction with the Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) process. This study included an engineering report and two modeling reports. The 2012 engineering report contains a refined modeling report that was based upon the initial 2009 modeling study. The 2009 report also contains minutes and details from the special committee of the Coastal Advisory Committee (CAC). The project recommended in the 2009 modeling study and refined based on comments generated by the 2010 permit application is summarized below. Refinements were developed during the last year based on new field investigations and further consultation with agencies. The plan addresses concerns expressed by FDEP Bureau of Beaches and Coastal Systems (BBCS) and Park Service, and other local interest groups. It addresses not only navigation, but also improved sand bypassing, modifications to channel dredging, improved locations for sand disposal, and an updated inlet management study. It accomplishes improved navigation and sediment management Page 4 of 11 Packet Page -364- 10/9/2012 Item 11.C. by a combination of straightening the channel, major and small maintenance dredging, and new sand disposal practices. The proposed design modifies and improves upon the County- approved 1995 Wiggins Pass Inlet Management Plan. This project includes channel realignment which will be accomplished by straightening the inlet channel layout and infilling and blocking the northern flood shoal meander. The east, north, and south interior channel entrances are identified for maintenance dredging, should sand shoal within their respective boundaries. The designated dredge disposal locations and distribution will be modified and relocated based on shoreline monitoring results, with preference given to areas with greatest need. Incorporating the ability to modify disposal locations will increase management flexibility, reduce sediment loss to the system, and minimize impacts to Barefoot Beach and Delnor- Wiggins Pass State Park shoreline. Nearshore and beach (onshore) disposal areas are located north of the inlet between R -12 to R -15.5 and south of the inlet between R -18 and R -20. As Barefoot Beach recovers towards its traditional shoreline location, its disposal area will need to move west in order to account for the increased shoreline width. An ebb shoal disposal area has also been designated to assist in stabilizing the Barefoot Beach shoreline. A separate offshore disposal area (Borrow Area 6 from the 1996 Beach Nourishment Project) has been designated as an acceptable location to place unsuitable fill dredged from the channel. The project also includes scarp repair along southern Barefoot Beach to restore the beach to historic conditions. A dynamic design will be incorporated into the maintenance plan for the inlet so that long -term dredging can be reduced. Impacts to natural resources will be avoided or minimized. The beach -fill and scarp repair (upland disposal) element at Barefoot Beach is contingent based upon clarification of land use and management plans. Beach fill can either be placed onshore or nearshore at Delnor- Wiggins Pass State Park. Both have received preliminary support from Florida Department of Environmental Protection (FDEP). All areas identified for dredging or placement of fill, are owned by the State of Florida. In order to minimize project dredging, some natural migration of the channel will be allowed. The ebb channel will be allowed to migrate up to 50 feet north'and south, except at the gap in the hard substrate. The flood channel will be allowed to migrate up to 50 feet north. Dredging centered on the current channel location, to the maximum extent practical, will reduce dredging volumes. Intermediate ebb channel dredging (small scale dredging) may be needed to clear the channel at the bar (sand bypassing bar). Material from the small scale dredgings would be placed to an area approximately 300 -1000 feet north of the inlet (ebb shoal disposal area). Two of the main purposes for placement of this fill in the ebb shoal disposal area are to feed the re- growth of the ebb shoal and to allow for clearing of the ebb channel. Page 5 of 11 Packet Page -365- 10/9/2012 Item 11.C. Figure 1: Project Component Map Each of the tasks described above supports improved navigation and inlet management. The engineering report has identified the reasons why the 1995 inlet plan did not perform well. The sediment transport direction is not predominately southerly. The disposal location and a 50:50 split of bypassed sand to adjacent beaches was imbalanced. The sand needs to be disposed of closer to the inlet and approximately two - thirds needs to go to the north. This imbalanced disposal since 1984 needs short term supplemental sand to address past practices. The new plan addresses the imbalance, recovery of the north ebb shoal, the Barefoot Beach hot spot (area of high erosion) south of R -14, and improving navigation. The solution addresses the importance of both natural and manmade forces underappreciated in previous studies and incorporates the controlling geology into the plan. Insufficient sand bypassing to the north and the natural migration of the flood channel to the north are the two major causes of the current problems, which are addressed by the design. Inlets in other communities have also been relocated in order to alleviate erosion and illustrate the benefits of using non - structural options to address inlet channel migration related problems. Examples of these projects are included in Section V (Navigation and Public Safety section) of the engineering study, in the Environmental Data. 2. Project Permitting Collier County submitted a Joint Coastal Permit (JCP) application to FDEP and U.S. Army Corps Page 6 of 11 Packet Page -366- BAREFOOT BEACH PRESEERVE I B r SOs. ,rH ONSHORE Gig i DISPOSAL AREA NORTH ONSHORE DISPOSAL AREA FLOOD SHOAL DISPOSAL AREA ;' DELNOR- WIGGING PASS STATE ���' e6CS7 -------- WIGGINS PASS, EBB SHOAL DISPOSAL AREA DREDGE ARA�-" t NORTH NEARSHORE DISPOSAL AREA '••• �, ,, ~``"' Pte.._ y SOUTH NEARSHORE — GULF - -,...f DISPOSALAREA o $ OF ^� MEX CO a WORK AREA (WILL % NOT ENCROACH ON VEGFTATION) s r° £ z soo Figure 1: Project Component Map Each of the tasks described above supports improved navigation and inlet management. The engineering report has identified the reasons why the 1995 inlet plan did not perform well. The sediment transport direction is not predominately southerly. The disposal location and a 50:50 split of bypassed sand to adjacent beaches was imbalanced. The sand needs to be disposed of closer to the inlet and approximately two - thirds needs to go to the north. This imbalanced disposal since 1984 needs short term supplemental sand to address past practices. The new plan addresses the imbalance, recovery of the north ebb shoal, the Barefoot Beach hot spot (area of high erosion) south of R -14, and improving navigation. The solution addresses the importance of both natural and manmade forces underappreciated in previous studies and incorporates the controlling geology into the plan. Insufficient sand bypassing to the north and the natural migration of the flood channel to the north are the two major causes of the current problems, which are addressed by the design. Inlets in other communities have also been relocated in order to alleviate erosion and illustrate the benefits of using non - structural options to address inlet channel migration related problems. Examples of these projects are included in Section V (Navigation and Public Safety section) of the engineering study, in the Environmental Data. 2. Project Permitting Collier County submitted a Joint Coastal Permit (JCP) application to FDEP and U.S. Army Corps Page 6 of 11 Packet Page -366- 10/9/2012 Item 11.C. of Engineers ( USACE) on February 17, 2010. A copy of this complete JCP application and all supporting attachments is provided as Appendix 1, on the CD provided in the Environmental Data. The FDEP and USACE issued RAI's on March 24, 2010 and March 19, 2010, respectively. These RAI's and their corresponding responses are provided as Appendix 2; only relevant environmental attachments are provided as hard copies, but all attachments are included on the CD. At the request of FDEP Bureau of Beaches and Coastal Systems (BBCS) staff, Coastal Planning & Engineering, Inc. (CPE) prepared the engineering study, which was submitted to FDEP with the RAI No. 1 Response. Collier County has also applied for a Special Treatment (ST) permit; the application of which has been included as Appendix 4 of the Environmental Data. The County will also apply for a Coastal Construction Setback Line (CCSL) permit and a Vehicle on the Beach (VOB) permit, at the time of construction. 3. Native Habitats Natural resources of the project area are comprised of three major resource classifications: the beach/dune /coastal strand system; estuarine resources; and near -shore Gulf of Mexico. The marine and estuarine environments surrounding Wiggins Pass are directly influenced by the pass, which allows for the mixing of Gulf and estuarine waters. Temperature and salinity regimes are predominantly controlled by the tide. The pass provides access for a variety of estuarine - marine migratory species, including snook and mullet. The descriptions of the natural resources are based on available references and on -site investigations, and can be found in the Environmental Data and Environmental Advisory Council (EAC) staff report for the project. Detailed descriptions of the habitats found north and south of Wiggins Pass can be found in the Barefoot Beach Land Management Plan (Appendix 5 (pp. 5 -11; Appendix E; Appendix I)) and Delnor- Wiggins Pass State Park Unit Management Plan (Appendix 6 (pp. 9 -20)). Figure 4 shows the location of natural resources in the vicinity of Wiggins Pass. Page 7of11 Packet Page -367- 0 1,000 2,000 Mommosid Feet 1 inch = 2,000 feet G LEGEND: •.. PROPOSED DISPOSAL AREA 2011 PRELIMINARY ALIGNMENT 2000 -2011 PERMITTED DREDGE TEMPLATE SEPTEMBER 9, 2010 HARDBOTTOM OBSERVATION JI +— AUGUST 2009 SSS HARDBOTTOM EDGE 1994 SSS POTENTIAL HARDBOTTOM 0 2009 OYSTER BEDS ... 2009 EDGE OF MANGROVE • 2011 SURVEYED SEAGRASS (HALODULE WRIGHTI� 22009 SEAGRASS (HALODULE WRIGHTIn 2009 SEAGRASS (HALOPHILA DECIPIENS) 2008 SURVEYED SEAGRASS REPORTED ROCK SUBSTRATE (CEC 1990, CPE 1995) 2009 GOPHER TORTOISE BURROW SURVEY • VERYACTIVE ACTIVE INACTIVE • ABANDONED OUTSTANDING FLORIDA WATERS OTHER (62- 302.700 (9) (c) and (f), F.A.C.) SPECIAL (62- 302.700 (9) (1), F.A C.) f j 10/9/2012 Item 11.C. 1. AERIAL PHOTOGRAPHY PROVIDED BY COLLIER COUNTY, DATE FLOWN 2009. 2. ENVIRONMENTAL FIELD INVESTIGATIONS PERFORMED BY CPE ON DECEMBER 10, 2008 JULY 13 &14,2009 AND SEPTEMBER 29, 2011. 3. LOCATION OF ROCK LEDGE TAKEN FROM 1995 INLET MANAGMENT PLAN (CPE 1995), BUT WAS ORIGINALLY IDENTIFIED BY CEC IN 1990. Figure 4: Natural resources in the vicinity of Wiggins Pass 4. Listed Species A list of threatened and endangered species and species of special concern with the potential to occur in the project area is presented in Table 2 (Townsend and Olson, 2007; FDEP, 2009) in the Page 8 of 11 Packet Page -368- 10/9/2012 Item 11.C. Environmental Data. Listed species documented from the project area are also presented in the Environmental Data and in the EAC staff report. Complete lists of wildlife and plants which have been observed north and south of Wiggins Pass can be found in the Barefoot Beach Land Management Plan (Appendix 5 (species list pp. 5 -10; listed species pp. 10 -11; natural resource inventory Appendix E; Appendix I)) and Delnor - Wiggins Pass State Park Unit Management Plan (Appendix 6 (imperiled species pp. 16 -19; complete species lists Addendum 4)). 5. Conservation Measures Construction will comply with all permit requirements that will result from coordination with Florida Department of Environmental Protection (FDEP), Florida Fish and Wildlife Conservation Commission (FWC), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS). Construction activities will be kept under surveillance, management, and control to minimize interference with, disturbance of, or damage to wildlife resources, particularly threatened and endangered species, within the project area. This project will also adhere to LDC section 3.04.02, which contains protection measures for listed species. Sea Turtles and Smalltooth Sawfish Construction will adhere to the NMFS "Sea Turtle and Smalltooth Sawfish Construction Conditions" during construction of this project. Construction will be limited to outside of sea turtle nesting season. Gopher Tortoises Project construction will be in accordance with LDC subsection 3.04.02.A. Manatees Construction operations will comply with FWC's "2011 Standard Manatee Conditions for In- Water Work" during construction of this project. Birds Shorebirds may be disturbed by construction activities and find quieter areas of the beach to roost. Shorebird monitoring in and near the project area will be conducted as required by the FWC. Seagrass and Oyster Beds Whenever feasible, turbidity curtains will be utilized to protect seagrass and oyster beds in the work area from turbidity and sedimentation during construction. Hardbottom Resources Hardbottom monitoring will be conducted as required by FDEP. ZONING ANALYSIS: The Rural Agricultural (A) district permits "conservation uses" and the Conservation (CON) district permits "habitat preservation and conservation uses "; therefore, the project is consistent with the LDC. Page 9 of 11 Packet Page -369- 10/9/2012 Item 11.C. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on July 3, 2012 and recommended by a vote of 4/1 to approve petition ST- PL20120000168, Wiggins Pass Maintenance Dredging and Navigation Improvement Project Special Treatment Permit, subject to the following stipulations. 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. Reasons cited for the dissenting vote were lack of study of the infauna in the area to be dredged and of the effects the project will have on the infauna, and that the channel is a dynamic shifting system which the project will not stop but only slow down. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for this petition. STAFF RECOMMENDATION: Staff recommends approval of petition ST- PL20120000168, Wiggins Pass Maintenance Dredging and Navigation Improvement Project Special Treatment Permit, subject to the following conditions. 1. The dredge project be designed for boats with a three -foot maximum draft. 2. Construction activities be limited to outside of sea turtle nesting season. Attachments: Attachment 1: Wiggins Pass Dredging and Navigation Improvement Project Environmental Data Attachment 2: EAC Staff Report Attachment 3: Resolution Page 10 of 11 Packet Page -370- 10/9/2012 Item 11.C. PREPARED BY: r STEPHEN LENBERGER DATE SENIOR ENVIRONMENTAL SPECIALIST SURFACE WATER & ENVIRONMENTAL PLANNING SECTION NATURAL RESOURCES DEPARTMENT FRE SCHL, AICP, SENIOR PLANNER DATE PLANNING & ZONING DEPARTMENT REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE PLANNING & ZONING DEPARTMENT MIKE BOSI, AICP, INTERIM DIRECTOR DATE PLANNING & ZONING DEPARTMENT 'i 7136 Z JERRY KURTZ, P.E., M GER DA TE SURFACE WATER & ENVIRONMENTAL PLANNING SECTION NATURAL RESOURCES DEPARTMENT L ILLIAM D. iOR4E JR ., P.E., DIRECTOR NATURAL RESOURCES DEPARTMENT BY: GROWTH 7MTNISTR -,-TOR DIVISION Page 11 of 11 Packet Page -371- DATE �L_T °IZ DATE 10/9/2012 Item 11.C. Item VI.A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 3, 2012 I. NAME OF PETITIONER/PROJECT Petition No.: ST- PL20120000168 Petition Name: Wiggins Pass Maintenance Dredging and Navigation Improvement Project Applicant/Developer: Collier County Coastal Zone Management Department Engineering/Environmental Consultant: Coastal Planning & Engineering, Inc. II. LOCATION Wiggins Pass is located at the Gulf of Mexico between Delnor - Wiggins State Recreation Area and Barefoot Beach State Preserve, in Sections 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. In addition, the Pass is located 5 miles north of Clam Pass and 5.9 miles south of Big Hickory Pass, and is a natural inlet which provides access to the Gulf of Mexico for a number of embayments and rivers along three main interior channels. The eastern channel connects to the Cocohatchee River. The southern channel connects to Water Turkey Bay and Vanderbilt Lagoon, and the northern channel connects to the lagoon between Little Hickory Island and the mainland. This northern lagoon consists of a number of embayments including May Flower, Palm Vines, Little Hickory Bays, and eventually connects to Big Hickory Pass. There is no interior waterway connection south to Clam Pass. Wiggins Pass is bounded by public lands which extend 7,950 linear feet to the north and 6,010 linear feet to the south. Barefoot Beach Preserve lies to the north and Delnor- Wiggins Pass State Park is to the south. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - CON -ST Barefoot Beach State Preserve S- CON -ST Delnor- Wiggins State Recreation Area Packet Page -372- 10/9/2012 Item 11.C. EAC Meeting Page 2 of 15 E - A -ST Tidal Waters /Wetlands Cocohatchee River W - N/A Gulf of Mexico IV. PROJECT DESCRIPTION The Wiggins Pass Maintenance Dredging and Navigation Improvement Project is a non - structural solution designed to improve navigation and to address the critical erosion issue at Barefoot Beach. This project will not involve removal of any native vegetation or wetlands, and avoidance measures will be incorporated during dredging to avoid impacts to seagrass resources. The proposed project will re- establish a historic location of the flood channel: the new flood channel will be relocated to the where the flood channel was located in the last 60 -80 years. Overall, the proposed project consists of an initial dredging, major maintenance dredging every 4 years, and minor maintenance dredging in between, for a total volume of approximately 214,000 cubic yards over a ten -year period. The existing project requires dredging at least 50,000 cubic yards every 2 years, for a total cumulative volume of at least 300,000 cubic yards every decade. The proposed dredging plan will require approximately 86,000 cubic yards less material to be dredged over a ten -year period, over the existing plan. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The proposed dredging area is located within the Conservation designated area on the countywide Future Land Use map, and within the Coastal High Hazard Area. The Future Land Use Element does not specifically address dredging. However, the proposed dredging is intended to restore and stabilize eroded shorelines, protect native vegetation and wildlife, improve inlet navigation, improve estuary flushing, improve water quality, and enhance recreational opportunities. These functions are generally promoted and supported in certain Goals, Objectives and Policies of the Future Land Use Element (and Recreation and Open Space Element and Conservation and Coastal Management Element) of the Growth Management Plan and allowed by the Conservation designation. Therefore, the Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the Goals, Objectives and Policies of the Future Land Use Element. B. Conservation & Coastal Management Element Staff finds the project to be consistent with the relevant Objectives and Policies of the COME. A Collier County Special Treatment (ST) Permit and Coastal Packet Page -373- 10/9/2012 Item 11.C. EAC Meeting Page 3 of 15 Construction Setback Line Permit will be required prior to the start of construction, for consistency with the County Land Development Code. The project is consistent with Policy 1.3.1 of the CCME which outlines the purpose for Natural Resource Protection Areas. These designated areas are meant to protect, maintain and restore ecological functions, which this project is designed to do. Policy 6.1.8 of the CCME requires appropriate environmental data to be submitted for proposed development, site alteration or projects, to protect, conserve and enhance environmental quality and resources. Appropriate environmental data has been submitted for review of the Special Treatment Permit. Policy 7.2.1 of the CCME requires the County to apply the marina siting criteria contained in the Collier County Manatee Protection Plan in order to direct increased boat traffic away from sensitive manatee habitats. The marina siting criteria contained in the Manatee Protection Plan is applicable to all multi -slip docking facilities with ten slips or more and all marina facilities. Since the proposed project is not in conjunction with a marina or multi -slip docking facility, the Manatee Protection Plan does not apply. Goal 10 of the CCME restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974; is referred to as the Coastal Construction Setback Line (CCSL) by Collier County. Staff's review of the subject property found the project as proposed to be seaward of the CCSL. A Coastal Construction Setback Line Permit will be required prior to dredging, for consistency with the Land Development Code. Objective 10.3 of the CCME, states that "Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced." Objective 10.5 and its associated Policies encourage opportunities for recreational, educational, scientific and esthetic enjoyment of coastal resources, and also require that construction activities not interfere with sea turtle nesting, maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Consistence with Objectives 10.3, 10.5 and their associated Policies, the project provides a non - structural alternative to improve inlet navigation, restore and stabilize adjacent eroded shorelines, protect native vegetation and wildlife, Packet Page -374- 10/9/2012 Item 11.C. EAC Meeting Page 4 of 15 improve flushing of the estuary, and encourage recreation opportunities for enjoyment of the coastal resources. VI. MAJOR ISSUES A. Stormwater Manazement N/A B. Environmental (Information obtained from the environmental data submitted for the project) 1. Proiect History, Goals and Analysis Wiggins Pass is currently dredged at regular intervals of approximately 2 years to maintain navigation for boats with up to a 3 foot draft. The pass provides boat access to the Gulf from inland waterways and lagoons at Vanderbilt Beach, the Cocohatchee River, Wiggins Pass Marina, and several other private and public marinas and ramps. The dredged channel extends from the inlet throat to about 1,200 feet offshore. Periodic dredging has occurred at the intersection of the interior channels. Disposal areas are located north of the inlet between R11.4 to R14.2 (FDEP R- Monument Markers) and south of the inlet between R18 and R20.5. The inlet has been dredged since 1984 under two previous permits. Details of the history of Wiggins Pass, management of the inlet and analysis thereof are provided in the engineering study, in Appendix 3 of the Environmental Data. The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Committee are: 1. To provide a safe channel for boating 2. To address erosion at Barefoot Beach 3. To lengthen the dredge cycle, accomplished with the least impact on the environment 4. To provide a solution that is economically effective A non - structural alternative is an objective for the inlet design in order to improve navigation. The committee, which formulated the main goals for Wiggins Pass, represented a broad range of local stake holders appointed by Collier County. The current and historic inlet and shoreline conditions were evaluated in order to develop an improved inlet management strategy. A complete coastal study was performed in conjunction with the Florida Department of Environmental Protection (FDEP) Joint Coastal Permit (JCP) process. This study included an engineering report and two modeling reports. The 2012 engineering report contains a refined modeling report that was based upon the initial 2009 modeling study. The 2009 report also contains minutes and details from the special committee of the Coastal Advisory Committee (CAC). Packet Page -375- 10/9/2012 Item 11.C. EAC Meeting Page 5 of 15 The project recommended in the 2009 modeling study and refined based on comments generated by the 2010 permit application is summarized below. Refinements were developed during the last year based on new field investigations and further consultation with agencies. The plan addresses concerns expressed by FDEP Bureau of Beaches and Coastal Systems (BBCS) and Park Service, and other local interest groups. It addresses not only navigation, but also improved sand bypassing, modifications to channel dredging, improved locations for sand disposal, and an updated inlet management study. It accomplishes improved navigation and sediment management by a combination of straightening the channel, major and small maintenance dredging, and new sand disposal practices. The proposed design modifies and improves upon the County- approved 1995 Wiggins Pass Inlet Management Plan. This project includes channel realignment which will be accomplished by straightening the inlet channel layout and infilling and blocking the northern flood shoal meander. The east, north, and south interior channel entrances are identified for maintenance dredging, should sand shoal within their respective boundaries. The designated dredge disposal locations and distribution will be modified and relocated based on shoreline monitoring results, with preference given to areas with greatest need. Incorporating the ability to modify disposal locations will increase management flexibility, reduce sediment loss to the system, and minimize impacts to Barefoot Beach and Delnor- Wiggins Pass State Park shoreline. Nearshore and beach (onshore) disposal areas are located north of the inlet between R -12 to R -15.5 and south of the inlet between R -18 and R -20. As Barefoot Beach recovers towards its traditional shoreline location, its disposal area will need to move west in order to account for the increased shoreline width. An ebb shoal disposal area has also been designated to assist in stabilizing the Barefoot Beach shoreline. A separate offshore disposal area (Borrow Area 6 from the 1996 Beach Nourishment Project) has been designated as an acceptable location to place unsuitable fill dredged from the channel. The project also includes scarp repair along southern Barefoot Beach to restore the beach to historic conditions. A dynamic design will be incorporated into the maintenance plan for the inlet so that long -term dredging can be reduced. Impacts to natural resources will be avoided or minimized. Packet Page -376- 10/9/2012 Item 11.C. EAC Meeting Page 6 of 15 Figure 1: Project Component Map The beach -fill and scarp repair (upland disposal) element at Barefoot Beach is contingent based upon clarification of land use and management plans. Beach fill can either be placed onshore or nearshore at Delnor- Wiggins Pass State Park. Both have received preliminary support from Florida Department of Environmental Protection (FDEP). In order to minimize project dredging, some natural migration of the channel will be allowed. The ebb channel will be allowed to migrate up to 50 feet north and south, except at the gap in the hard substrate. The flood channel will be allowed to migrate up to 50 feet north. Dredging centered on the current channel location, to the maximum extent practical, will reduce dredging volumes. Intermediate ebb channel dredging (small scale dredging) may be needed to clear the channel at the bar (sand bypassing bar). Material from the small scale dredgings would be placed to an area approximately 300 -1000 feet north of the Packet Page -377- 10/9/2012 Item 11.C. EAC Meeting Page 7 of 15 inlet (ebb shoal disposal area). Two of the main purposes for placement of this fill in the ebb shoal disposal area are to feed the re- growth of the ebb shoal and to allow for clearing of the ebb channel. If dredging could be conducted using smaller equipment during the calmer times of the year, it would also be very economical. Each of the tasks described above supports improved navigation and inlet management. The engineering report has identified the reasons why the 1995 inlet plan did not perform well. The sediment transport direction is not predominately southerly. The disposal location and a 50:50 split of bypassed sand to adjacent beaches was imbalanced. The sand needs to be disposed of closer to the inlet and approximately two- thirds needs to go to the north. This imbalanced disposal since 1984 needs short term supplemental sand to address past practices. The new plan addresses the imbalance, recovery of the north ebb shoal, the Barefoot Beach hot spot (area of high erosion) south of R -14, and improving navigation. The solution addresses the importance of both natural and manmade forces underappreciated in previous studies and incorporates the controlling geology into the plan. Insufficient sand bypassing to the north and the natural migration of the flood channel to the north are the two major causes of the current problems, which are addressed by the design. Inlets in other communities have also been relocated in order to alleviate erosion and illustrate the benefits of using non - structural options to address inlet channel migration related problems. Examples of these projects are included in Section V, the Navigation and Public Safety section of the engineering study. 2. Project Permitting Collier County submitted a Joint Coastal Permit (JCP) application to FDEP and U.S. Army Corps of Engineers ( USACE) on February 17, 2010. A copy of this complete JCP application and all supporting attachments is provided as Appendix 1, on the CD provided in the Environmental Data for the project. The FDEP and USACE issued RAI's on March 24, 2010 and March 19, 2010, respectively. These RAI's and their corresponding responses are provided as Appendix 2; only relevant environmental attachments are provided as hard copies, but all attachments are included on the CD. At the request of FDEP Bureau of Beaches and Coastal Systems (BBCS) staff, Coastal Planning & Engineering, Inc. (CPE) prepared the engineering study, which was submitted to FDEP with the RAI No. 1 Response. Collier County has also applied for a Special Treatment (ST) permit; the application of which has been included as Appendix 4. The County will also apply for a Coastal Construction Setback Line (CCSL) permit and a Vehicle on the Beach (VOB) permit, at the time of construction. Packet Page -378- 10/9/2012 Item 11.C. EAC Meeting Page 8 of 15 3. Native Habitats Natural resources of the project area are comprised of three major resource classifications: the beach/dune /coastal strand system; estuarine resources; and near -shore Gulf of Mexico. The marine and estuarine environments surrounding Wiggins Pass are directly influenced by the pass, which allows for the mixing of Gulf and estuarine waters. Temperature and salinity regimes are predominantly controlled by the tide. The pass provides access for a variety of estuarine - marine migratory species, including snook and mullet. The following descriptions of the natural resources are based on available references and on -site investigations. Detailed descriptions of the habitats found north and south of Wiggins Pass can be found in the Barefoot Beach Land Management Plan (Appendix 5 (pp. 5 -11; Appendix E; Appendix I)) and Delnor - Wiggins Pass State Park Unit Management Plan (Appendix 6 (pp. 9 -20)). Figure 4 shows the location of natural resources in the vicinity of Wiggins Pass. Estuarine wetlands within the Wiggins Pass project area include the tidal wetlands and submerged habitats within and adjacent to the pass. East of the pass, several finger canals and a connecting channel have been dredged for boat access from adjacent marinas and developed areas. With the exception of periodic dredging through the navigational channels, the remaining tidal and submerged wetlands within the project area are primarily undeveloped and retain their natural characteristics. These shallow estuarine waters and the adjacent tidal areas support productive mangrove forests and beds of seagrass, algae, and oyster. These tidal and submerged wetlands serve as important breeding, feeding and nursery grounds for numerous fish and invertebrates such as crabs and shrimp. Birds, such as egrets, terns, and herons, forage on small invertebrates and fish found in the tidal flats and within the pass. Common infauna, include ghost crabs, mole crabs, coquina clams, and various polychaetes, amphipods and isopods. Like many of the intertidal animals found in this zone, coquina clams and mole crabs are preyed upon by shorebirds and fish, thus providing a vital trophic link within this community. Additionally, the sandy shoal areas within the project area, primarily along the north end of Delnor- Wiggins Pass State Park, are important to horseshoe crabs (Limulus polyphemus), which spawn along the wet beaches of the project area (Robert Steiger, pers. comm., 2011). The eggs of the horseshoe crab are, in turn, an important food source for foraging red knots (Calidris canutus), a species that winters in Florida. Due to overfishing, horseshoe crab populations have declined over recent years; as a result, red knot numbers have also dropped dramatically. Packet Page -379- EAC Meeting Page 9 of 15 0 1,000 2,000 ® Feet 1 Inch= 2,000 feet LEGEND: •-- PROPOSED DISPOSAL AREA 2011 PRELIMINARY ALIGNMENT 2000 -2011 PERMITTED DREDGE TEMPLATE SEPTEMBER 9, 2010 HARDBOTTOM OBSERVATION �- AUGUST 2009 SSS HARDBOTTOM EDGE 1994 SSS POTENTIAL HARDB07 TOM 2009 OYSTER BEDS ` w— 2009 EDGE OF MANGROVE • 2011 SURVEYED SEAGRASS (HALODULE WRIGHTIn a 2009 SEAGRASS (HALODULEWRIGHTJq 2009 SEAGRASS (HALOPHILA DECIPIENS) 2008 SURVEYED SEAGRASS REPORTED ROCK SUBSTRATE (CEC 1990, CPE 1995) 2009 GOPHER TORTOISE BURROW SURVEY VERY ACTIVE ACTIVE INACTIVE ABANDONED OUTSTANDING FLORIDA WATERS OTHER (62- 302.700 (9) (c) and (f), FAC.) Ell SPECIAL (62- 302.700 (9) (1), EA.C.) 01 10/9/2012 Item 11.C. 1. AERIAL PHOTOGRAPHY PROVIDED BY COLLIER COUNTY, DATE FLOWN 2009. 2. ENVIRONMENTAL FIELD INVESTIGATIONS PERFORMED BY CPE ON DECEMBER 10, 2008 JULY 13814, 2009 AND SEPTEMBER 29, 2011. 3. LOCATION OF ROCK LEDGE TAKEN FROM 1995 INLET MANAGMENT PLAN (CPE 1995), BUT WAS ORIGINALLY IDENTIFIED BY CEC IN 1990, Figure 4: Natural resources in the vicinity of Wiggins Pass Extensive mangrove forests, including red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans) and white mangrove (Laguncularia racemosa), fringe the waterways, while small red mangrove islands dot the estuary. Red and black mangroves dominate those areas which are frequently inundated by normal tidal action while white mangroves and buttonwoods (Conocarpus erectus) are Packet Page -380- 10/9/2012 Item 11.C. EAC Meeting Page 10 of 15 usually found at slightly higher elevations where tidal inundation is less frequent. These forests provide both habitat and foraging areas for various species of birds, crabs and other invertebrates, and the subtidal mangrove roots serve as nursery grounds for fish species such as snook (Centropomus undecimalis), mullet (Mugil cephalus) and sea trout (Cynoscion nebulosus). Several field investigations over the years conducted by Coastal Planning & Engineering, Inc. (CPE) and others have revealed scattered seagrass beds throughout the project area, found in sparse to moderate density. Three species have been observed in the area, including Cuban shoal grass (Halodule wrightii), turtle grass (Thalassia testudinum), and paddle grass (Halophila decipiens), although shoal grass is overwhelmingly the most common species observed. These beds are typically found along the shallow shelf lining the main navigational channel, and within the shallow protected areas fringing the small mangrove islands. No seagrass was observed within the main channel and all known seagrasses are being avoided with the planned alignment. Copies of recent seagrass surveys and an observation report summarizing a September 29, 2011, site visit with Mark Sramek — NMFS Habitat Conservation Department, are provided as Appendix 7 of the Environmental Data. Scattered clusters of oysters (Crassostrea virginica) are also common along the fringing mangroves and surrounding the mangrove islands deep within the inlet. The nearshore Gulf of Mexico classification includes the littoral (intertidal) zone and the sublittoral (offshore) zone. The littoral zone is inhabited by organisms such as polychaete worms, crustaceans, and bivalves. Organisms common to the sublittoral zone include annelid worms, crustaceans, echinoderms, pelecypod and gastropod mollusks, and various species of crabs and shrimp. In addition, the coastal waters contain a variety of commercial and sport fishes including snook (Centropomus undecimalis), pompano (Trachinotus carolinus), spotted seatrout (Cynoscion nebulosus), groupers (Epinephelus and Mycteroperca spp.), snappers (Lutjanus spp.), redfish (Sciaenops ocellatus) and flounders. The nearshore Gulf floor consists of a mosaic of carbonate sand, small areas of low - relief exposed hardbottom, and thin layers of carbonate sand over hardbottom. Low relief hardbottom habitat is located offshore of the project area, ranging from 300 to 500 feet from shore. Adjacent to Delnor- Wiggins Pass State Park, the hardbottom is as close as 150 -200 feet from shore. In general, the sand - silt substrate supports a low- diversity, low density soft bottom assemblage. Organisms frequently associated with the soft bottom include pen shells (Atrina rigida), tube worms (Chaetopterus variopedatus), fighting conch (Strombus alatus) and various echinoderms (Lytechinus variegatus, Mellita quinquiesperforata, Astropecten sp., and Luidia senegalensis). Coastal Planning & Engineering, Inc. (CPE) has conducted detailed mapping of nearshore hardbottom north and south of Wiggins Pass. Packet Page -381- 10/9/2012 Item 11.C. EAC Meeting Page I 1 of 15 Hardbottom mapping has been conducted in the nearshore region of Wiggins Pass. Exposed hardbottom is not known to be present within or near the channels of Wiggins Pass. A rock substrate has been verified to be located under the sand of the ebb shoal. The ledge shown in Figure 4 was the report location from the 1990's, but recent investigations show it extended across the ebb shoal. The ebb channel is generally located between two massive hard substrates within the intervening gap. The natural, existing, and proposed ebb channels are located in this gap. The most extensive reach of hardbottom is located south of Wiggins Pass, extending south of FDEP monument R -18; the location of this hardbottom has been verified by remote sensing and dives by CPE between 2003 and 2009. Exposed hardbottom is located as close as 600 feet from the shoreline between R- 20 and R -21 and over 1,000 feet offshore at R -18. There are also potential hardbottom resources located north of Wiggins Pass, between R -9.5 and R -11. The closest potential hardbottom detected during a CPE 1994 side scan survey was approximately 900 ft from R -11. These resources were ground - truthed by Collier County divers in September 2010 (Appendix 8); divers found hardbottom north of the R -11 transect, and no hardbottom south of the R -11.5 transect. South from R -11.5, the bottom was predominately mud. CPE has conducted multiple assessments of the biotic community found on the hardbottom south of Wiggins Pass. Dominant epibiota include macroalgae and sponges, with some octocorals and scleractinian corals. Common macroalgae genera include Caulerpa, Botryolcladia, Gracilaria, Hypnea and Sargassum. Bioeroding sponges are also common, including Pione lampa and Cliona celata. Although soft corals can be locally abundant, diversity is low, with Leptogorgia virgulata and L. hebes most commonly observed. Stony coral species include Solenastrea hyades, S. bournoni, Siderastrea siderea, S. radians, Oculina robusta, Cladocora arbuscula and Phyllangia americana (CPE, 2009). 4. Preservation Requirements N/A 5. Listed Species A list of threatened and endangered species and species of special concern with the potential to occur in the project area is presented in Table 2 (Townsend and Olson, 2007; FDEP, 2009) in the Environmental Data. Complete lists of wildlife and plants which have been observed north and south of Wiggins Pass can be found in the Barefoot Beach Land Management Plan (Appendix 5 (species list pp. 5 -10; listed species pp. 10 -11; natural resource inventory Appendix E; Appendix I)) and Delnor- Wiggins Pass State Park Unit Management Plan (Appendix 6 (imperiled species pp. 16 -19; complete species lists Addendum 4)). The following are listed species documented from the project area. Packet Page -382- 10/9/2012 Item 11.C. EAC Meeting Page 12 of 15 According to the 2010 Collier County Sea Turtle Protection Plan Annual Report (Kraus et al., 2010), staff documented 422 loggerhead sea turtle (Caretta caretta) nests during the 2010 season, a moderate increase from 297 nests in 2009. Twenty nests were documented on the 1.2 mile (1.9 km) beach along Delnor- Wiggins Pass State Park, and 87 nests were documented on the 3.1 -mile (5 -km) Barefoot Beach survey area. During the 2010 nesting season, 3.5% (14) of the documented nests were disoriented. Seven percent (3 1) of the nests were depredated, which is an increase from four percent last year. A total of 27,142 hatchlings were estimated to have reached the Gulf of Mexico. The number of successfully emerged hatchlings represents an increase compared to 19,869 hatchlings that reached the Gulf of Mexico in 2009. The number of strandings in Collier County was 47 in 2010. This was a slight increase from 40 in 2009. Data from Collier County Sea Turtle Protection Plan Annual Reports, 2005 -2010, are presented in Tables 3 and 4 (below). Table 3 presents sea turtle nesting data from Barefoot Beach (R -1 to R -16) and Delnor- Wiggins Pass State Park (R -17 to R -22) between 2005 and 2010; all nests were laid by loggerheads. Nesting data for the immediate project vicinity around Wiggins Pass (the south end of Barefoot Beach (R -13 to R -16) and the north end of Delnor- Wiggins (R -17 to R -19)) from 2005 -2010 is provided in Table 4. Table 3: Barefoot Beach and Delnor- Wiggins Pass State Park sea turtle nesting, 2005 -2010 2005 1 2006 1 2007 1 2008 1 2009 I 2010 BAREFOOT BEACH Total Nests 72 56 40 75 59 87 Total False Crawls 67 55 33 85 50 90 LL'JUNVK- WICAAVJ Total Nests 15 10 18 17 22 20 Total False 46 12 20 33 36 20 Crawls Total Finaraa»nae 61 22 38 50 58 40 Packet Page -383- EAC Meeting Page 13 of 15 10/9/2012 Item 11.C. Table 4: Sea turtle nesting adjacent to Wiggins Pass, 2005 -2010 Habitat for the gopher tortoise (Gopherus polyphemus), a State - listed species of special concern, exists throughout the beach dune, coastal strand, and maritime hammock of Barefoot Beach Preserve. Barefoot Beach is one of the remaining few natural barrier islands along the southwest coast of Florida and is important habitat for the gopher tortoise: a total of 712 burrows were recorded from June 13 through September 7 of 2009; 186 were recorded as Very Active; 277 were recorded as Active; 76 were recorded as Inactive; 173 were abandoned (Table 5, Figure 4). According to Sally Braem, there are about 30 -40 active gopher tortoise burrows in Delnor- Wiggins Pass State Park (pers. comm., 2011). Table 5: Summary of gopher tortoise burrow observations for summer 2009 (data obtained from Margie Hamilton, gopher tortoise biologist for Barefoot Beach) Size Class: 2005 2006 2007 2008 2009 2010 BAREFOOT BEACH (R13 -R16) Total 6 34 13 Juvenile 6 9 Nests 13 5 3 16 14 24 Total 712 False 12 8 8 15 12 17 Crawls DELNOR- WIGGINS (1117 -1119) Total Nests 9 1 8 6 5 13 Total False 19 2 7 18 19 11 Crawls Habitat for the gopher tortoise (Gopherus polyphemus), a State - listed species of special concern, exists throughout the beach dune, coastal strand, and maritime hammock of Barefoot Beach Preserve. Barefoot Beach is one of the remaining few natural barrier islands along the southwest coast of Florida and is important habitat for the gopher tortoise: a total of 712 burrows were recorded from June 13 through September 7 of 2009; 186 were recorded as Very Active; 277 were recorded as Active; 76 were recorded as Inactive; 173 were abandoned (Table 5, Figure 4). According to Sally Braem, there are about 30 -40 active gopher tortoise burrows in Delnor- Wiggins Pass State Park (pers. comm., 2011). Table 5: Summary of gopher tortoise burrow observations for summer 2009 (data obtained from Margie Hamilton, gopher tortoise biologist for Barefoot Beach) Size Class: Very Active Active Inactive Adult 173 233 62 Sub Adult 6 34 13 Juvenile 6 9 1 Hatchling 1 1 0 Subtotals: Abandoned: Total Burrows: 186 277 76 173 712 The Barefoot Beach shoreline provides important habitat for several bird species, including overwintering habitat for piping plovers (Townsend and Olson, 2007). Shorebird surveys within Delnor- Wiggins have shown that many species of birds utilize the shoreline for feeding or roosting, but no shorebirds have nested within Delnor- Wiggins Pass State Park since least tern nest sites were last documented in 1986 and 1987 (FDEP, 2009; Sally Braem, pers. comm., 2011). No piping plovers Packet Page -384- 10/9/2012 Item 11.C. EAC Meeting Page 14 of 15 have been observed during shorebird surveys in Delnor- Wiggins Pass State Park (Carolyn Shaw, pers. comm., 2011). Manatees (Trichechus manatus latirostris) and bottle -nosed dolphins (Tursiops truncatus) are common in the area, and have been observed within Wiggins Pass. 6. Conservation Measures Construction will comply with all permit requirements that will result from coordination with FDEP, Florida Fish and Wildlife Conservation Commission (FWC), USACE, U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS). Construction activities will be kept under surveillance, management, and control to minimize interference with, disturbance of, or damage to wildlife resources, particularly threatened and endangered species, within the project area. This project will also adhere to LDC section 3.04.02, which contains protection measures for listed species. Sea Turtles and Smalltooth Sawfish Construction will adhere to the NMFS "Sea Turtle and Smalltooth Sawfish Construction Conditions" during construction of this project. All attempts will be made to place fill on the beach outside of nesting season. Gopher Tortoises Project construction will be in accordance with LDC subsection 3.04.02.A. Manatees Construction operations will comply with FWC's "2011 Standard Manatee Conditions for In -Water Work" during construction of this project. Birds Shorebirds may be disturbed by construction activities and find quieter areas of the beach to roost. Shorebird monitoring in and near the project area will be conducted as required by the FWC. Seagrass and Oyster Beds Whenever feasible, turbidity curtains will be utilized to protect seagrass and oyster beds in the work area from turbidity and sedimentation during construction. Hardbottom Resources Hardbottom monitoring will be conducted as required by FDEP. VII. RECOMMENDATIONS Staff recommends approval of ST- PL20120000168 "Wiggins Pass Maintenance Dredging and Navigation Improvement Project ". Packet Page -385- EAC Meeting Page 15 of 15 PREPARED BY: STEPHEN LENBERGER SENIOR ENVIRONMENTAL SPECIALIST LAND DEVELOPMENT SERVICES DEPARTMENT STORMWATER AND ENVIRONMENTAL PLANNING SECTION REVIEWED BY: 10/9/2012 Item 11.C. DATE zk:�� JERRY KURTZ, P.E. DATE LAND DEVELOPMENT SERVICES DEPARTMENT MANAGER, STORMWATER AND ENVIRONMENTAL PLANNING SECTION W-fLLIAM D. LORENZ, Jr., P:D` DIRECTOR LAND DEVELOPMENT SERVICES DEPARTMENT STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: NICK CASALANGUID;4 ADMINISTRATOR GROWTH MANAGEMENT DIVISION Packet Page -386- c>C-3 3 -'fit DATE (/. �" DATE DATE 10/9/2012 Item 11.C. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER ST- PL2012 -168 FOR A SPECIAL TREATMENT DEVELOPMENT PERMIT TO DREDGE AND FILL ON STATE -OWNED PROPERTY IN THE VICINITY OF WIGGINS PASS CHANNEL ZONED AGRICULTURAL AND CONSERVATION WITH SPECIAL TREATMENT OVERLAYS (A -ST AND CON -ST) IN SECTIONS 17, 1.8 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004 -41. as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHERE-AS, the Board of County Commissioners of Collier County has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing the dredging and filling on property as shown on the attached plans, Exhibit "A ", in an Agricultural Zoning District and Conservation Zoning District with Special Treatment Overlays (A -ST and CON -ST) wherein said property is located; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOWT, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; Petition ST- PL2012 -168 filed by Collier County with respect to property in the vicinity of the Wiggins Pass channel is hereby approved for a Special Treatment Development Permit to allow the dredging and filling on State -owned property as shown on the attached plans, Exhibit "A ", in an Agricultural Zoning District and Conservation Zoning District with Special Treatment Overlays (A -ST and CON -ST) wherein said property is located, and subject to the Conditions of Approval found in Exhibit "B ". Exhibits "A" and "B" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST- PL2012 -1 h8 be recorded in the minutes of this Board. Wiggins Pass Maintenance, Dredging & 1 of 2 Navigation Improvement Project ST- PL2012 -1 G8 — Rev. 8/30/12 Packet Page -387- 10/9/2012 Item 11.C. This Resolution adopted after motion, second and majority vote this — day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk- By: FRED W. COYLE, Chairman Approved as to form and Legal sufficiency L VA( Heidi Ashton -Cicko 4� Managing Assistant County Attorney Attachments: Exhibit A – Construction Plans Exhibit B – Conditions of Approval CP112-CPS-01 156\49 Wiggins Pass Maintenance, Dredging & 2 of'-, Navigation Improvement Proiect ST-PL2012-168 —Rev, 8130/12 Packet Page -388- w 10/9/2012 Item 11.C. s # r Z f tL ILI V) < o�L Z 1 ul' o< w v� � ` . 0 rL U) Cc u3 \- a�. .,,„ � C7��r� 1{ E .l LLi uj - � o ` � r i � E— c� �/ �i bi m IMCn LLJ CO < uj Mo C r� 0 < Q C/, LL m i m cry w a. } ; m ., M t Li Z < 0 y C 00 s A� Z 0 0 � o Packet Page -389- c� a� O :a h� c� M 10/9/2012 Item 11.C. CONDITIONS OF APPROVAL FOR ST-PL,2012-168 1. The dredge project be designed for boats with a three-foot maximum draft. 2. Construction activities be limited to outside of sea turtle nesting season. CP\ I 2- CPS-01 156 \43 Wiggins Pass Maintenance, Dredging & Navigation Improvement Project ST-PL2012-168 Packet Page -390- 4Ainl1) nof 1) 14..1., -4 4 /�% 1 V/ V/ Jr. V I L 1 L% I 1 1 1 1 1. V. PRERARED 9Y: CIS/CAD MAPPING DEPARTMENT GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION packet Page -391 - DATE: 8/2012 FILE: WIGGINS PASS ST.DWG COLLIER COUNTY GOVERNMENT ENGINEERING & ENVIRONMENTAL SERVICES DEPARTMENT WWW.COLLIERGOV.NET tty ,14V 2800 NORTH HOR: 10/9/2012 Item 1 1.C. NAPLES, FLORIDA 34104 (239) 252 -2505 DEVELOPMENT PERMIT PETITION FOR SPECIAL TREATMENT DESIGNATED LAND PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED/DUE DATE For Staff Use Only ASSIGNED PLANNER On Site Inspection By: Comments: ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF APPLICANT GARY MCALPIN, COLLIER COUNTY COASTAL ZONE MANAGEMENT MAILING ADDRESS COLLIER COUNTY, 3301 E. TAMIAMI TRAIL TELEPHONE # (239) 530 -5342 FAX # (239) 252 -2950 E -MAIL ADDRESS: GARYMCALPIN @COLL[ERGOV.NET NAME OF OWNER(S) COLLIER COUNTY BOARD OF COMMISSIONERS AND TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) OF FLORIDA MAILING ADDRESS SEE ATTACHED TELEPHONE # E -MAIL ADDRESS: FAX # PERMIT INFORMATION General Location: Wiggins Pass, Collier County Legal Description of Property: The Applicant is seeking approval from State Lands to conduct this project on approx. 83.2 acres of sovereign submerged land. The legal property description will be provided once the channel alignment is accepted. Nature of Petition: Collier County proposes to conduct dredging activities and placement of fill in the nearshore marine environment within Wiggins Pass and vicinity, which include Special Treatment overlays. We are addressing dredging in OFW with FDEP as part of the State permitting process; it appears that the OFW and ST overlays are similar, if not the _. same. c z L.2 4p �- O r /Applicant Date Packet Page -392- 10/9/2012 Item 11.C. SUBMITTAL REQUIREMENTS I NOTE: THIS PETITION MUST BE ACCOMPANIED BY A PLOT PLAN AND ANY OTHER APPLICABLE INFORMATION AND DATE REQUIRED BY THE DIRECTOR. ► Non - Refundable application fee of $400 for 5 acres or less, plus $50 per acre over 5 acres; $5,000 maximum fee (Make Check payable to Collier County Board of Commissioners) — to be provided by Collier County Coastal Zone Management ► Proof of Ownership (Last tax statement or warranty deed) — All submerged and dry lands are owned by the State; the northern park (Barefoot Beach) is managed by the County. We are seeking appropriate State Lands permission as part of the State permitting process. ► Complete application signed by the owner- attached / Owner /Agent authorization if petitioner is different from the owner — Coastal Zone Management will provide appropriate authorization for Coastal Planning & Engineering, Inc. to act as Agent for Petitioner. ► Map of Site location — see attached permit sketches and list of riparian property owners ► Site Plan including all proposed impacts and non - pervious calculations — see attached permit sketches / Approved jurisdictional wetland lines (if applicable) - NA / Return completed application package to: Community Development & Environmental Services Intake Planner 2800 N Horseshoe Drive Naples, FL 34104 Packet Page -393- 10/9/2012 Item 11.C. C 00f�.r C;OUnt y 't CV z&f Joy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.collieraov.net Date: 2-Z- a�)' Project Name: PRE-APPLICATION MEETING NOTES SPECIAL TREATMENT PERMIT PL# Applicant Name: U-,)tfMA FY"h'ol '6(_ C V Owner Name: r,01.1 Owner Address: Assigned Planner (Environmental): Summer Araque Meeting Attendees: All u Meeting Notes INSERT CURRENT CHECKLIST HERE: A) tzIlk, k"', 0 -4 —)­ru�krs. Z�_k q Irk t.-C, - -L Ic y -C, C, q 4- provj�,Lv-,s &0 t) a, LI-LCC( CC SL -� v, i ctt I � - T I t:3 Q-!C, t-'% 1-.' 1 /L L3 _ta jar L Plbo�' "q ov, r 0 LO , I Packet Page -394- 11 Ir 10/9/2012 Item 11.C. coTffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE AOW GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104:. PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net SPECIAL TREATMENT APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Completed Application (download from website for current form) P5 x Pre-Application meeting notes 1 x Cover Letter with Project Narrative 1 x Deeds /Le al's 1 x List identifying Owner & all parties of corporation 1 x Owner/Agent Affidavit signed & notarized 1 x Completed Addressing Checklist 7y x Environmental Data (see Ordinance 10 -23 ) x Digital/electronic copy of Environmental Data 1 x 1 x 0 x Sup�ey, signed & sealed S I x 0 x 0 x Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary x Electronic copy of all documents and plans CDRom or Diskette 0 x Site Plans x Fees: ® Application Fee: Application fee $400 minimum 5 acres or less, plus $50 for each additional acre, or fraction thereof, with a maximum fee of $1,500 ® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre - application meeting shall not be credited towards application fees and a new pre - application meeting will be required). ® $1000.00 Listed or Protected Species survey review fee (when an El not required) Fee Total $ �G Z Applican Agent Si nature Date Packet Page -395- 10/9/2012 Item 11.C. ST Permit Checklist — 1. Provide Environmental Data as outlined in Collier County Ordinance 2010 -23. 2. Clearing kept to a minimum with clearing plan/vegetation inventory included on site alteration plan (LDC 2.03.07.D; 3.05.05 & 4.02.14) 3. Provide a gopher tortoise relocation/management plan. (LDC 3.04.02.A.) 4. Native vegetation preservation requirement shall be satisfied with areas of retained native vegetation shown on site alteration plan (LDC 3.05.07) 5. Development standards & regulations for sites designated ST shall be met. (LDC 2.03.07.D) regulations met 6. Exotic vegetation removal /maintenance plan shall be included on site alteration plan (LDC 3.05.08.B) exotic removal plan 7. Reason for clearing shall be consistent with zoning and criteria for vegetation removal (LDC 2.03.00, 4.08.00, 3.05.05) 8. Listed species concerns shall be addressed and permits issued. (LDC 3.04.02) 9. Other County, Federal, and State Agency permits shall be issued. (LDC 10.02.06.C.1) lao P..-k)r UAIVJZ,� (Oq64' r�c") -Y, b 's, tom, 0, 3 o-,-P-J W Packet Page -396- McAlpinGary - From: Sent: 10/9/2012 Item 11.C. To: CAC March 11, 2010 Cc: VII -5-a New Business Subject: 22 of 35 McAlpinGary - From: Sent: mason s Thursday, February 04, 201010:11 AM To: McAlpinGary; hambright g Cc: lorenz —w, MoscaMichele; GibsonLaura; SawyerMichael Subject: Wiggins Pass permitting meeting summary Hello all, Here is a summary of what was discussed at the Friday Jan 22 meeting and what approvals are required by the Land Development Code for the proposed dredging project. At the meeting, Gary McAipin and the consultant briefly outlined the scope of work for the dredge project and the location of the work. The dredging will be to maintain the 3' draft restriction, no sea grass or hard bottom will be affected and no shoreline hardening in proposed. CDES staff outlined the following County requirements based on overlays and general LDC requirements. A link to the LDC and relevant section numbers are included: LDC - htto' /llibrary municode com /index aspx? ciientld =13992&stateid= 9 &stateName= Florida ➢ Special Treatment Permit including an Environmental Impact Statement (EIS) and approval — (ST LDC 4.01.14 & EIS LDC 10.02.02 A) - £/}C D Coastal Construction Setback permit for dune restoration — (LDC 10.02.06 H) ➢ Vehicle on the Beach permit — (LDC 10.02.06 1) Regarding the EIS, in the Grpwth Management Plan (GMP) consistency section, please pay special attention to Conservation & Coastal Management Element (CCME) Goal 10 especially the Objectives and Policies in 10.3 and 10.5 in addition to the other relevant areas of the CCME. http• / /www.colliergov .net /index.asox ?page =257 Additionally there are 2 other permits that may be required. Vegetation Removal permit if any native vegetation will be removed or if any exotic vegetation will be removed using machinery rather than hand held equipment. (LDC 3.05.05 and 10.02.06 L) Temporary Use permit from the Zoning section if you are creating temporary staging areas above the mean high water line. (LDC 10.02.06 G) Here is a link to the environmental permits: htto: / /www collierpov.net/index.asox ?page =327 Here is a link to the zoning permit if needed: http• / /www.collier>?ov .net /lndex.aspx ?page =819 At the meeting, Mr. McAipin mentioned a GMP consistency determination will be required for the DEP permit. When you need to obtain a determination, please contact Michele Mosca at (239) 252 -2466 for instruction beyond that given in the handout she provided at the meeting. I have copied other staff that attended that meeting or offered information. Please clarify or add anything necessary. Thank you for your patience since it was longer than expected for me to send this out. Please call or email if you have any questions. Susan Mason, Principal Environmental Specialist Collier County Community Development & Environmental Services Division Packet Page -397- 10/9/2012 Item 11.C. BrownAraqueSummer From: Floyd, Lauren [Lauren. Floyd @shawgrp.com] Sent: Tuesday, January 24, 2012 10:47 AM To: BrownAraqueSummer; LorenzWilliam Cc: McAlpinGary; Keehn, Stephen Subject: RE: Wiggins Pass - EIS Hi Summer and Bill, Gary McAlpin, Steve Keehn and I would like to schedule a time to meet with you to discuss the Wiggins Pass project and the Environmental Data submittal required for this project. If possible, we would like to meet with you next week, preferably after 10 am. Please let us know if you are available to meet with us next week, and if so, which days you prefer. Thanks so much, Lauren Lauren S. Floyd Senior Marine Biologist Coastal Planning &Engineering, Inc A Shaw Group Company 2481 N.W. Boca Raton, Blvd. Boca Raton, FL 33431 561.361.3150 direct 954.551.2594 cellular 561.391.9116 fax Lauren. Flovd(a')shawaro.com www.coastalplanning.net ShawTm a world of Solutions TM www.shawgrp.com From: BrownAraqueSummer [ mailto: SummerBrownAraque @colliergov.net] Sent: Friday, October 14, 20113:16 PM To: Floyd, Lauren Subject: RE: Wiggins Pass - EIS I checked with my Director. A pre - application meeting is required by the LDC. More specifically, it would be required in this case for the following reasons: • The original meeting is beyond the nine month threshold. • The LDC has changed since the original meeting. The Environmental sections, specifically the Environmental Data section have been overhauled (revision approved June 2010). The pre - application meeting fee is $500 —that fee will be credited toward the ST permit & EIS is those are submitted within 9 months of the preapplication meeting. Surn:rner 2?.. 7,aque Senior Environmental SpecialisVEAC Liaison Stormwater and Environmental Planning Section Phone: -239- 252 -6290 From: Floyd, Lauren [ mailto :Lauren.Floyd @shawgrp.com] Sent: Monday, October 10, 2011 1:02 PM 1 Packet Page -398- 10/9/2012 Item 11.C. To: BrownAraqueSummer Subject: RE: Wiggins Pass - EIS Thank you. Lauren Floyd Senior Marine Biologist Coastal Planning & Engineering, Inc A Shaw Group Company 2481 N.W. Boca Raton Blvd. Boca Raton, FL 33431 561.361.3184 direct 561.876.6304 cellular 561.391.9116 fax lauren.flovd(a-)_shawgro.com www.coastaiDlannina.net ShawT"" a world of SolutionsTM www.shawgrr).com From: BrownAraqueSummer [ mailto: SummerBrownAraque @colliergov.net] Sent: Monday, October 10, 20111:01 PM To: Floyd, Lauren Subject: RE: Wiggins Pass EIS The LDC sections for ST: • 2.03.07. D. • 3.03.02. B. • 4.02.14. E — H • 10.02.06.D. All of this is at www.municode.com I will look into the pre -app requirement. Summea, B. -Ara qtt.e Senior Environmental SpecialistlEAC Liaison Stormwater and Environmental Planning Section Phone: 239- 252 -6290 From: Floyd, Lauren [ mailto :Lauren.Floyd @shawgrp.com] Sent: Monday, October 10, 2011 11:02 AM To: BrownAraqueSummer Cc: LorenzWilliam; Keehn, Stephen Subject: RE: Wiggins Pass - EIS Hi Summer, Thanks very much for this information. i have two additional questions for you: • Can you provide, or tell me where I can find, the Special Treatment Overlay referenced in the LDC? • Regarding the pre - application meeting, we had one on Jan., 22, 2010 (this is what Susan Mason had summarized in her email that I provided) — do we need any additional pre -app meetings or will this suffice? Thanks for your help. Lauren Floyd Senior Marine Biologist 2 Packet Page -399- 10/9/2012 Item 11.C. Coastal Planning & Engineering, Inc. A Shaw Group Company 2481 N.W. Boca Raton Blvd. Boca Raton, FL 33431 561.361.3184 direct 561.876.6304 cellular 561.391.9116 fax lauren.floyd a shawgrp.com www.coastalplanning.net ShawTM a world of SolutionsTM www.shawgrp.com From: BrownAraqueSummer [ mailto: SummerBrownAraque @colliergov.net] Sent: Monday, October 10, 2011 10:31 AM To: Floyd, Lauren Cc: LorenzWilliam; Keehn, Stephen Subject: RE: Wiggins Pass - EIS Lauren, Here are the answers to your questions /comments: • Susan's e -mail is very comprehensive regarding the requirements. • The EIS is now called "Environmental Data," but does become an EIS when it goes before the EAC. • Other agency permits shall be issued before we can issue the CCSL permit at the County level. You may want to consult with Gary or Clint in CZM regarding the timing. That is usually determined by the client and the consultant. « The permits can all be obtained simultaneously or sequentially in the following order: 1. Special Treatment (ST) Permit & Environmental Data /EIS shall be submitted together 2. Coastal Construction Setback Line (CCSL) permit 3. Vehicle on the Beach (VOB) • A pre - application meeting is required prior to submitting the ST permit & Environmental Data • Timing of EIS & ST permit submittal consult with CZM. We have a formal submittal process in which you will submit to the Intake Team, 1 will have 20 business days for each review. • There is no specific format for the Environmental Data. If it does not apply to this project, then it is not required. • Please note that the LDC does not allow work to be done during Sea Turtle Nesting Season Summer- B. Ai-aque Senior Environmental SpecialisVEAC Liaison Stormwater and Environmental Planning Section Phone: 239 - 252 -6290 From: Floyd, Lauren [ma ilto : Lauren. Floyd @shawgrp.com] Sent: Friday, October 07, 20114:39 PM To: BrownAraqueSummer Cc: LorenzWilliam; Keehn, Stephen Subject: Wiggins Pass - EIS Hi Summer, I spoke to Bill Lorenz this afternoon and he suggested I contact you with questions regarding the Collier County EIS we are developing for the Wiggins Pass project. I have attached a recent project description (though it is still undergoing some updates) and a February 2010 email from Susan Mason summarizing the Land Development Code approvals that would be required for this project. I have recently assumed the environmental permitting tasks associated with this project, so wanted to touch base with you to make sure I understand what is required. Packet Page -400- 10/9/2012 Item 11.C. We are currently working on responses to FDEP and USACE Requests for Additional Information and are developing an Inlet Management Plan. I understand that in addition to requiring State and federal permits and the IMP, we need to submit environmental data to you in the form of the EIS. Could you please clarify for me how the Collier EIS fits into the process? Specifically, when would you like us to submit Draft EIS for your review /comments, and when should the Final EIS be submitted? Also, are there any particular guidelines or examples of how the EIS should be structured? This project will almost entirely occur in the marine environment, so I see many areas listed in the LDC requirements for environmental data submittal that will not apply to our project. If you have any questions please let me know. I have also cc'd Steve Keehn, the Project Manager who can also answer any questions you might have about the project. Thanks so much, and have a great weekend. Lauren Lauren Floyd Senior Marine Biologist Coastal Planning & Engineering, Inc. A Shaw Group Company 2481 N.W. Boca Raton Blvd. Boca Raton, FL 33431 561.361.3184 direct 561.876.6304 cellular 561.391.9116 fax lauren.floyd ()shawgro.com www.coastalpianning.net ShawTm a world of SolutionsTM www.shawqrp.com * * * *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://Y;,A,-w.shawglp.com Under Florida Law. e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 Packet Page -401- 10/9/2012 Item 11.C. 3 Lu J _ '� Y✓?j m o ul ui LL 0 F Q = i� od�- `) Lu C j —? N r * F�1 0 Q `� J O i a LU i Q W ``. ^y d LU � Z J U- 1 tj CL Z V � N t � r- A �O N N CN N O _ F W Z O, M s 1 ~L Z uj Q -j D. d -0 E 0 F W 2 Z N v, O LU ISS C d w CL a t a 10/9/2012 Item 11.C. Packet Page -402- It O Co N 0) m N O 00 U O 7 W W U) z Z s m c c a� U m .c c c m W 0 U LM Lu J _ '� Y✓?j `) Lu j —? LU ``. LU Z 1 tj CL V t � r- A } � F 1 LU e� O ISS N Ce -� �..I O W y.. W v Z J 44 Packet Page -402- It O Co N 0) m N O 00 U O 7 W W U) z Z s m c c a� U m .c c c m W 0 U LM 10/9/2012 Item 11.C. ear C6t niy COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE D.RM ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 YVWW_COILIERGOV.NET (239) 25Z-Z400 FAX '(2M),7524724 ADDRESSING CHECKLIST Please complete the following and fax 'to the Addressing Deparbnent at 23%-252-M4 or submti•in person to the Addressing. Department at the above address, Form must be srgr ed- tx drew!W ' aersonne1 OW to pre - e rication meeting olearm low 3 dank for ar+oc4ssino. Not all items wig apply to every project Items in both type .are re quire& FOLIO NUMBERS MUST BE PROVIDED. i, orms alder if an 8 months will require additloiial TeWew and approval ,by the Addressing .Depadmnt' TYPE (indicate type below, complete 'a separate Addressing Checmi -st for each Petition type) ❑ BL (Blasting' Permit) Q . SDP (Site Development Plan) ❑ BD• (Boat Dock E)tsnslon) ❑ SDPA (SW Amendment) ❑ . CarnhratlCiirus Permit ❑, SDPI (insubstarifial Change to SDP) 0 CU (Conditional Use) . Q SIP (SLte Improvement Plan) DCP (Excavation Pemvt) ' ❑ SIPI (Insubstantial Change to-SIP) FP (Final Plat : ` ❑ SNR (Street Name Change) ❑ LLA (Lot Line AdjustmenO ❑ ' SNC '(Street Name Change 7 Unplatted) ❑ pNC (Project Name Change)... ❑ TDR (Transfer of Development Rights) , ❑ PPL (Plans & plat Reviey�5. ❑ VA (Variance) • • ❑ PSP (Preliminary Sidi lesion Plat) . 13 VRP (Vegetation Removal Permit) ❑ . PUD Rezone ❑ VRSFP (Veget Wog Ran mal & S' Fig Permit) ❑ Rz'(Stanilard Rezone) T. ; �' OTHER _ 3 CCS(6 • ' LEGAL DESCiUPT16N' of.subjeet property or. properties (copy of lengthy descdpfbn may be atbchao —.— ; P-N s r FOLIO (Propsrty ID) NU;ISABER(s) of above (attach to, or associate with, legal description ifmara3 than one) STREET ADDRESS or ADDRESSES (as applicable, if almady.assigneo . LOCATION MAP must be attached showing exact location of projectlerte, in relation to nearest public toad 0ght- of -ray , - SURVEY (copy - naedad orgy for unplatted properties) PROPOSED,PROJECT NAME*,Crfapplkable) PROPOSED STREET NAMES .Of Applicable) SITE DEVELOPMENT PLAN NUMBER (for existing pmjectsfs#" only) SDP - or AR # Packet Page -403- 10/9/2012 Item 11.C. 6MT Count COLLIER COUNTY GOVERNMENT. 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT ' • NAPLES, FLORIDA 34104 IA % COLUERGOV.NEt , (239) 252.2400 FAX (239).M-5724 . Project oi• development names proposed for, or already appearing in; condominium documents (if apptica>30n; indioatb Whether proposed or existing) Please Check 'One: a. Checklist is to be Faxed back Isk fersonally Picked Up APPLICANT NAME "7� PHONES 7, FAX � 3 52 Signature .on Addressing .Checklist does not constitute. Project and/or Street Name approval and is subject to further review by the Addressing Department. WAM FOR STAFF USE ONLY .FLN Number (Primary) Folio Number Folio Number Folio Number' Approved by: Updated by-- Date: IF OLDER.THAN 6 MONTHS: FORM MUST BE UPDATED OR NEW' FORM SUBMITTED . 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Packet Page -406- T July 26, 2012 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Mr. Stephen Lenberger Collier County Land Development Services Department Growth Management Division Stormwater and Environmental Planning Section 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Lenberger: Re: Wiggins Pass; Collier County 10/9/2012 Item 11.C. RlcP Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard, Jr. Secretary Thank you for your recent inquiry requesting a review of additional information in the matter of the proposed maintenance dredging project at Wiggins Pass. Your question was regarding the boundaries of a parcel of land that may overlap the project area. The parcel is identified by Collier County Property Appraiser's Parcel Identification No. 00156120009, as described in Special Warranty Deed recorded in Collier County Official Record 2904 Page 0172. The area of interest is located in Section 17, Township 48 South, Range 25 East. Records indicate the submerged lands lying below the mean high waterline within the area described by said parcel at the location of the proposed maintenance dredging project site are state owned. Therefore, pursuant to Section 253.77 (1), Florida Statutes, any activities affecting the submerged lands at this site would require authorization from the Board of Trustees. If this office can be of any further assistance regarding this determination, please address your questions to Melanie Knapp, "Morin Protertirsn. i.css Proccss" wv��•.d�a�.stafrJl.tas Packet Page -407- 10/9/2012 Item 11.C. Mr. Stephen Lenberger July 26, 2012 Page two Government Operations Consultant II, mail station No. 108 at the above letterhead address, or by telephone at (850) 245 -2801. Sincerely, Rod A. Maddox, PL5M Division of State Lands Bureau of Survey and Mapping Title and Land Records Section RAM / mjk cc: Heidi Ashton, Collier County Laine Edwards, DEP - Beaches F: \TITLE \MELANIE \1213 -1 \Wiggins Pass.docx Packet Page -408- 10/9/2012 Item 11.C. Wiggins Pass Maintenance Dredging and Navigation Improvement Project (Petition Number ST- PL2012 -168) Environmental Data Binders with environmental data provided external to Sire. Packet Page -409-