Agenda 06/24/2008 Item #10L
Agenda Item No. 10L
June 24, 2008
Page 1 of 24
Executive Summarv
Review Clam Bay Restoration and Long Term Management Plan
Permit Compliance issues and obtain direction from the Board of
County Commissioners on how to proceed.
Objective: Review Clam Bay Restoration and Long Term Management Plan Permit
Compliance issues and obtain direction from the Board of County Commissioners on
how to proceed,
Considerations:
Florida Department of Environmental Protection (FDEP) issued The Clam Bay
Restoration and Long Term Management Plan Permit (0128463-001-JC) on July 6, 1998.
The United States Army Corps of Engineers (USACE) issued Permit 199602789 (IP-CC)
to perform activities in association with and as specified by the Clam Bay Restoration
and Management Plan in July 1998. Both these permits will expire in July, 2008.
,--
Both the FDEP and the USACE permit have jurisdiction over stipulated activities in
Clam Bay. Collier County is desirous of closing both these permits but must satisfY all
conditions before they can be closed. All work has been completed with the exception of
informational markers and navigational markers in Clam Bay.
Since this is a contentious issue, Coastal Zone Management sought specific direction
from both permitting agencies along with the Coast Guard to clarifY if informational and
navigational markers were required by each respective permit. Surnmarized below are
the responses of each agency:
. The FDEP permit authorized the installation of navigational markers but does not
require it. The permit further authorizes and requires the installation of the
informational markers. The informational markers are out of compliance.
. The USACE pennit requires the channel to be marked for navigation as per
special condition 2. No navigational markers have been installed.
. Since the USACE requires the channel to be marked for navigation the US Coast
Guard has approved the private Aids to Navigation and is in the process of issuing
the permit.
. All documentation from the permitting agencies is attached.
A one year permit extension from FDEP has been obtained and is attached that will allow
emergency dredging to keep Clam Pass open if required due to potential hurricane/storm
closure, This extension will also allow Collier County sufficient time to apply for and
receive the permanent dredging permit for the pass.
,-
A community work team of knowledgeable stake holders including representatives of
Pelican Bay reviewed the navigational needs of the Clam Bay and identified 14 pairs of
navigational markers that were required to assure safe navigation.
Agenda Item NO.1 OL
June 24,2008
Page 2 of 24
Informational markings protect environmental resources like seagrasses and marine
habitats. Navigational markers provide safety for boaters and swimmers throughout the
pass and bay system.
Additionally, FDEP has indicated that mangrove maintenance activities do not require
any new or follow-up permitting by Pelican Bay Services Division (PBSD) as long as the
scope is within the parameters of the original permit. The Board of County
Commissioners in the 4/22/2008 commission meeting directed PBSD to be responsible
for mangrove maintenance and obtain a 5 year permit to perform those activities. FDEP
documentation is attached.
Advisorv Committee Recommendations: No Advisory Committees have review or
been presented this information.
County Attornev Findin!!s: The County Attorney has not reviewed this for form or
legal sufficiency.
Fiscal Impact: Funding to achieve permit compliance will be by Pelican Bay Services
Division.
Growth Mana!!ement Impact: No Growth Management Impacts will result from this
action
Staff Recommendations: Obtain direction from the Board of County Commissioners
on the direction to proceed to obtain permit compliance.
Prepared by: Gary McAlpin, CZM Director
Page 1 of I
Agenda Item NO.1 OL
June 24. 2008
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10L
This item to be heard at 1.30 p,m. Review Clam Bay Restoration and Long Term
Management Plan Permit Compliance issues and obtain direction from the Board of County
Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director)
Meeting Date:
6/24/200890000 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
PubliC Services Admin.
6/18/20089:23 AM
Approved By
Gary McAlpin
Costal Project Manager
Date
Public Services
Coastal Zone Management
6/18/200812:56 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
6/18/20083:09 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
6/18/20083:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/18/20085:45 PM
r-
file://C:\Agenda T est\Export\ 11 O-J une%2024, %202008\ I O. %20COUNTY%20MANAGER...
6/18/2008
Agenda Item No.1 OL
June 24. 2008
Page 4 of 24
,
..
June 17, 2008
Honorable Tom Henning, Chairman
Board of Collier County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
RE: Pelican Bay Services Division Board
Dear Chairman Henning:
Part of the Powers and duties of the Pelican Bay Services Division Board as outlined in
Ordinance 2006-05 is the restoration of the Clam Bay Mangrove Forest Preserve and to
that end possess all of the powers to do all things reasonably necessary to provide such
service and to allow the Pelican Bay Services Division Board to exercise decision and
control of the day to day operational affairs of the Unit to the maximum extent allowed
by law, unless and except when there is some overriding governmental reason to do
otherwise.
As such, the concern over navigational markers in Outer Clam Bay has become a very
controversial issue within the Pelican Bay Community and to various other groups from
within Collier County. Based on all of the information that has been provided to this
community, and to the Pelican Bay Services Division, the Pelican Bay Services Division
Board, at its' June 4th Meeting, voted unanimously for a motion of non-support of
additional signage, above the minimum required by our existing permit, as promoted by
the Coastal Zone Management Estuary Group. Specifically, for the number and
placement of these navigational markers within Outer Clam Bay considering the
shallowness and length of this bay and due to the natural tendency of Clam Pass to shift
with the various winds and seasons, it is foreseeable that some of these markers could
ultimately end up being on dry land, which then would encourage the dredging of Clam
Pass just to keep the pass flowing in one certain direction and alter what positive results
Pelican Bay has produced in the past and destroying the ambiance that has existed there
for years. Outer Clam Bay has never been navigable for much more than a flat bottom
jon boat, kayak or canoe and to give the false impression that Clam Pass is navigable
with the placement of navigational markers could ultimately end up being a safety issue
for a larger boat that may endeavor to traverse this bay without the knowledge of how
shallow it truly is.
Agenda Item NO.1 OL
June 24. 2008
Page 5 of 24
"'
If and when any additional information becomes available, the Pelican Bay Services
Division Board would be most interested in reviewing for possible reconsideration of this
motion of non-support of the Clam Bay Estuary Group signage plan.
In the meantime, I remain
Yours sincerely,
John Petty
Division Administrator
Pelican Bay Services Division
Cc: Commissioner Donna Fiala
Commissioner Fred Coyle
Commissioner Frank Halas
Commissioner Jim Coletta
Mr. Jim Mudd, County Manager
ML Coleman Connell, Chair, Pelican Bay Services Division Board
Florida Department of
Environmental Protection
Agenda Item No.1 OL
June 24,2008
Pa~/ff.ftlrist
Governor
---------- --
- - - - - - - --
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-300~
Jeff Kottkamp
Lt. Governor
Michael W. Sole
r. / . / Secretary
r~/"'Y(?3
Fi~r~l\iC:;-\
OFFICE OF TH~Co~~":." f\;1".NAGi'F
CERTIFIED MAIL - RETURN RECEIPT REOUESTED
: ~ ~ \1
ACTION '~.$.' ". ,.
,~----_._-
.,J:/'::T'~.' ~Y--/ot~'
_____. 'oc/
,cv;C'~ .
~-<P
June 5, 2008
Collier County
c/o James Mudd
3301 East Tamiami Trial
Naples, FL 34112
and
Pelican Bay Services Division
c/o Colemann Connell
7024 Pelican Bay Blvd.
Naples, FI. 34108
RECEIVED
JUN , 7 2008
COASTAL ZONE
MANAGEMENT
Permit Modification No. 0128463.003-JN
Permit No. 0128463-001-JC, Collier County
Clam Bay Restoration and Long-Term Management Permit
Dear Mr. Mudd and Mr. Connell:
Your request to modifY this permit has been received and reviewed by Department staff. The
proposed modification is to ex1end the original permit expiration date one year, from July 6,
2008 to July 6, 2009. No additional modifications to the currently authorized project are
proposed.
You have indicated that you intend to apply for a new permit to continue this project. When
doing so, the activities within the interior of Clam Bay would be regulated under the
Environmental Resource Permit program through the Department's South District Office.
Dredging beach-quality sand from the inlet in order to maintain flushing in the Bay, and
placement of the sand on the beach, would require a Joint Coastal Permit from the Bureau of
Beaches & Coastal Systems. Extending the expiration date of the original permit by one year
will allow the mangrove restoration activities to continue while the applications for new
authorizations are being processed.
"More Protection, Less Process"
www.dep.state.j/.us
Notice of Permit Modification
Permit Modification No. 0128463-003-JN
Clam Bay Restoration and Long-Term Management Permit
Page 20f5
Agenda Item No. 10L
June 24,2008
Page 7 of 24
Staffhas determined that the previously authorized activity is consistent with the statutes and
rules that are currently in effect and no significant change in shoreline conditions has occurred
since the original permit was issued. The applicant has demonstrated that the activity can be
completed within the time extension requested based on a schedule for completion included with
the request. Furthermore, the proposed time extension is not expected to increase the potential
for adverse impact on the coastal system, public beach access seaward of the mean high water
line or nesting sea turtles and hatchlings and their habitat.
Staff fmds that the proposed modification is not expected to adversely affect water quality or be
contrary to the public interest. Since the proposed modification is not expected to result in any
adverse environmental impact or water quality degradation, the permit is hereby modified as
requested. By copy of this letter, we are notifYing all necessary parties of the modification.
This letter of approval extends the expiration date to July 6, 2009. The modification does not
alter the Specific Conditions, General Conditions, or monitoring requirements of the permit.
This letter must be attached to the original permit.
Tlris permit is hereby extended unless a sufficient petition for an administrative hearing is timely
filed under Sections 120.569 and 120.57, Florida Statutes, as provided below. The procedures
for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S., is not
available for this proceeding.
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must
contain the information set forth below and must be filed (received by the clerk) in the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to redetermine final agency action on the
application, the ftling of a petition for an administrative hearing may result in further
modification of the permit or even a denial of the application. If a sufficient petition for an
administrative hearing or request for an extension of time to file a petition is timely filed, this
permit modification automatically becomes only proposed agency action on the application
subject to the result of the administrative review process. Accordingly, the applicant is advised
not to commence construction or other activities under this permit modification until the
deadlines noted below for filing a petition for an administrative hearing or request for an
extension of time has expired.
Under Rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension of time to file a petition for an
administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General
"More Protection, Less Process"
www.dep.statefl.us
Agenda Item NO.1 Ol
June 24, 2008
Page 8 of 24
McAlpinGary
From:
Sent:
To:
Cc:
Subject:
McAJpinGary
Friday, May 30, 2008 11 :51 AM
Cynthia D SAJ Ovdenk; Edwards, lainie
ochs_1; ramsey-m; KeyesPamela
Clam Bay Restoration permit compliance - USACE permit 19960789 (IP-CC); DEP permit
0128463-001-JC
Attachments:
Clam Bay Restoration Management Plan.pdf; Pelican Bay No-199602789 (IP-CC).pdf
-m
am
Oam Bay Pelican Bay
~ora~on Managemeo-199602789 (IP-C.
Cynthia and lainie,
Collier County is requesting your assistance in determining if Clam Pass is required by each of your respective permits to
be marked for boater navigation. Our communities are at odds over this issue and we would like an official determination
by your agencies. Our analysis indicates that we are required to mark this channel for navigation because It is spelled out
in the Clam Bay Restoration Management Plan which is a condition of each of your permits.
Attached are copies of USACE Permit 199602789 (IP-CC) which lainie Edwards requested and Page 38 and 39 of the
Clam Bay Restoration Management Plan.
Our justification is as follows:
. USACE Permit 199602789 liP-CCl
. Under PROJECT DESCRIPTION on page one states, "To perform activities in association with and as specified
by the Clam Bay Restoration and Management Plan which is attached to, and made part of, this permit as
attachment A".
. The Clam Bay Restoration and Management Plan on Page 38, last sentence states, "Finally, the main channel will
be marked in accordance with the requirements imposed by the United States Coast Guard to insure that those
who use the system clearly know where the channel is and the prohibitions against operating their water craft
outside the same."
. DEP Permit 0128463-001-JC
. Under PROJECT DESCRIPTION on page two states, "The project is to conduct activities to improve the
hydrodynamics of, and to restore and manage, the Clam Bay ecosystem by conducting the activities in
association with and specified by the Clam Bay Restoration and Management Plan which is attached and made
part of this permit in attachment A"
. The Clam Bay Restoration and Management Plan on Page 38. last sentence states, "Finally, the main channel will
be marked in accordance with the requirements imposed by the United States Coast Guard to insure that those
who use the system clearly know where the channel is and the prohibitions against operating their water craft
outside the same."
We would like your official interpretation as to if the channel is to be marked for navigation.
Thank You,
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GarvMcAIDiniiV.colliel'l!ov.net
(239) 252-5342
Fax: (239) 353-4061
1
Aqenda Item No. 10L
June 24. 2008
Page 9 of 24
.
........~.-
'" : - ~
,
..
c
DEPARTMENT OF THE ARMY PERMIT
permdttee: Collier County, Pelican Bay Services Division
BOl Laurel Oak Drive, Suite 605
Naples, FL 34l0B
Permdt NO. 1996027B9(IP-CC) (DUPLICATE COPY)
Issuing Office, U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit,
means the Permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of
the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under
the authority of the commanding officer.
You are authorized to perform work in accordance with the terms
and conditions specified below.
Project Description: To perform activities in association with
and as specified by the Clam Bay Restoration and Management Plan
(CBRMP), which is attached to, and made a part of, this permit as
Attachment ~A". Except as modified herein by either the General
Conditions or the Special Conditions, the Permittee is authorized
to implement the CBRMP as set forth therein. Specifically, the
Permittee is authorized to proceed with the following work~:
(1) Replacement of Seagate Drive Culverts (pages 44 through
49 of the CBRMP) .
(2) Clam Pass main channel dredging for Cuts 1. 2, 3, and 4
(pages 49 through 65 of the CBRMP) .
(3) Excavation and maintenance of Interior Tidal Creeks
(pages 65 through 71 of the CBRMP) .
. J
Aqenda Item No 101
June 24, 2008
Page 10 of 24
.
PERMIT NUMBER: 199602789(IP-CC~
PERMITTEE: Collier County, Pelican Bay Services Division
PAGE 2
The above referenced works are to be completed as specified
within the CBRMP and as shown and described on attached plans
numbered 199602789(IP-CC) in 38 sheets, dated April 1, 1998,
which are attached to, and made a part of, this permit as
Atta.c:hment "B".
Project Location: The project is located within Clam Bay and the
Gulf of Mexico, Sections 4, 5, 8, 9, 32, 33, Township 49 South,
Range 25 East, Collier County, Florida.
Permi t Condi lions:
General Condi. tions :
1. The time limit for completing the work authorized ends on
.JULOB 2008 . If you find that you need more time to complete
the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the
above date is reached.
2. You must maintain the activity authorized by this permit in
good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General
Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the
area.
3. If you discover any previously unknown historic or
archeological remains while accomplishing the activity authorized
by this permit, you must immediately notify this office of what
you have found. We will initiate the Federal and state
coordination required to determine if the remains. warrant a
recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4. If you sell the property associated with this permit, you
must obtain the signature and mailing address of the new owner in
the space provided and forward a copy of the permit to this
office to validate the transfer of this authorization.
Agenda Item NO.1 OL
June L4, LVUO
Page 11 of 24
PERMIT NUMBER: 199602789 (IP-CC)
PERMITTEE: Collier County, Pelican Bay Services Division
PAGE 3
5. If a conditioned water quality certification has been issued I
for your project, you must comply with the conditions specified
in the certification as special conditions to this. permit. For
your convenience, a copy of the certification is attached to, and
made a part of, this permit as Attachment ~C".
6. You must allow representatives from this office to inspect
the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Special Conditions:
(1) The Permittee agrees to submit semi-annual reports (these
and all other reports shall be submitted to U.S. Army Corps of
Engineers, Regulatory Division, Enforcement Branch, P.O. Box
4970, Jacksonvillel Florida 32232-0019 and shall reference the
permit application number) commencing six months after permit
issuance indicating the status of the project and shall include
the following information:
a. Date permitted activity was begun; if work has not
begun on-site, please so indicate.
b. Brief description and extent of work (site preparation,
monitoring, created wetlands) completed since the previous report
or s~nce permit was issued. Indicate on copies of the permit
drawings those areas where work has been completed.
c. Brief description and extent of work anticipated in the
next six months. Indicate on copies of the permit drawings those
areas where it is anticipated that work shall be done.
(2) The Permittee agrees to comply with the components and
timeframes as specified within the Clam Bay Restoration
Management Plan (CBRMP), which is attached to this permit as
Attachment "A" 4
(3) The Permittee agrees that all studies and reports conducted
as a part of the Stormwater/Freshwater Management component of
the CBRMP will be coordinated with and approved by the Corps.
Following this study period, the Permittee shall analyze the data
gathered, formulate recommendations based upon the data, and to
~,
Agenda Item NO.1 OL
June L4, LUUb
Page 12 of 24
PERMIT NUMBER: 199602789(IP-CC)
PERMITTEE: Collier County, Pelican Bay Services Division
PAGE 4
the extent suggested by the data, design a plan or plans to
reduce fresh water discharges into the Clam Bay ecosystem from
the developed uplands. Furthermore, approval by the Corps of the
study plans, final reports, and implementation is a requirement
of this permit. Information contained in the study plans should
include studies goals and objectives by which to achieve those
goals. The Permittee agrees that if Corps determines that
augmentation of the studies objectives are necessary to obtain
the study's goals then appropriate changes will be made to the
details of the studies.
(4) The Permittee agrees to submit :.0 the Corps detailed drafts
of the study plans indicated on sheet 11 of 35 of the CBRMP for
review within 120 days from the date of the permit. The
Permittee agrees that further augmentation of Study No. 1
(Stormwater Detention Volume & Water Budget Analysis) may be
necessary pending review by the Corps.
(5) The Permittee agrees that implementation of the studies
will commence within 180 days from the date of this permit and
preliminary data compiled within three (3) years from the date of
this permit. The Permittee will provide a draft report of the
studies to the Corps for review and approval within 30 days of
the completion of the studies.
(6) To the extent suggested by the data, the Permittee agrees to
develop a plan to reduce upland water discharges into the system.
This plan or plans are referred to as "Upland Water Discharge
Reduction Plans" (UWDRP) and must be submitted for approval. by
the DEP and the Corps within 120 days following completion of. the
studies.
(7) Once the UWDRP is approved by the DEP and the Corps, the
Permittee shall implement the UWDRP in accordance with its terms,
but in no event later than five (5) years following permit
issuance unless a modification to that time frame is agreed to by
the Corps.
(8) The Permittee agrees to submit the monitoring report for
UWDRP and any noted modifications or corrective actions needed as
required by the UWDRP and/or the Corps, Furthermore, the
Permittee agrees that all activities described here and in
Section 4.5.4 of the CBRMP will be completed within ten (10)
years from the date of this permit.
Agenda Item No. 10L
June 24. 2008
Page 13 of 24
PERMIT NUMBER: 199602789(IP-CC)
PERMITTEE: Collier County, Pelican Bay Services Division
PAGE 5
(9) The PeI'lll.ittee agrees to provide compensatory mitigation for
the 0.31 acre of proposed seagrass ilnpact if re-establishment of
those seagrasses lost as a result of the CBI<MP implementation has
not occurred in five years from the date of the permi t.. This
mi tigation will be accessed and in accordance with the c aabi tat
Equivalency Analysis as proposed by the National Oceanic and
Atmospheric Administration Damage Assessment and Restoration
Program (llEA.doc Nov95) .
(10) The Permittee agrees to the following conditions for any
works associated with renourishment of the beach area:
a. All works will occur outside of the sea turtle nesting
season.
b. The standard manatee construction conditions shall be
included in any contract issued for the work. These
conditions are attached to, and made a part of, this permit as
Attachment "D".
c. All beach impact areas will be tilled to a depth of 36
inches after the placement of spoil material.
d. Native vegetation will not be disturbed by the placement
of fill.
Further Information:
1. Congressional Authorities: YOU have been authorized to
undertake the activity described above pursuant to:
(X) Section 10 of the Rivers and Harbors Act of 1899 (33
U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1972 (33 U.S.C. 1413),
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
r)
_~Aqend~.Item NOclOL_
June 24. 2008
Page 14 of 24
PERMIT NUMBER: 199602789(IP-CC)
PERMITTEE: Collier County, Pelican Bay Services Division
PAGE 6
b. This permit does not grant any property rights or
exclusive privileges.
c. This permit does not authorize any injury to the property
or rights of others.
d. This permit does not authorize interference with any
existing or proposed Federal projects.
3. Limits of Federal Liability. In issuing this permit, the
Federal Government does not assume any liability for the
fol1.owing:
a. Damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a
result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future modification,
suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this
office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
,-
!
I
u
Agenda Item NO.1 01.
June 24. 2008
Page 15 of 24
~ B~ Put~ M~'#Vf f-hnv
fO?' Jt .
Presently, Collier County has enacted Ordinance 96-16 which Ordinance provides for
the utilization of the Clam Bay area by motorized watercraft provided that they operate
with no wake and at idle speed. The Management Pian recommends no change In that
protocol. The PBSD will however, in cooperation with the County, vigorously enforce
the existing Ordinance. Further, if significant adverse impacts to the natural resources
and water quality of the Clam Bay system are confirmed by the Collier County
Department of Natural Resources,.the FDEP.and.the.Corps.environmental staffs to be
directly attributable to the use of motorized boats within the Clam Bay system, then
additional restrictions or adjustments in the use of motorized boats wlthi~ Clam Bay
system shall be considered for imposition to insure that the ecological integrity of the
Clam Bay system Is preserved. To the extent that addition",1 constraints on the use of
the Clam bay system are at any time in the future determined to be necessary to
preserve the ecological integrity of the Clam Bay systerr:, such constraints will be
imposed only so long as is necessary to ensure that the damaged resources within the
Clam Bay system have recovered and/or the water quality has retumed to and will
continue to meet state water quality standards for those parameters associated with
boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons
(PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total
fecal and coliform bacteria.
Appropriate notification, slgnage and policing will be provided by the County or PBSD
to ensure compliance. The signage will be strategically placed both at the entrance to
Clam Pass and in the areas around the boat ramp located at the southern end of Outer
Clam Bay. These are intended to insure that persons accessing the Clam Bay system
are informed of its unique ecological characteristics, the limitations of access resulting
from variations in water depth, the existence of no wakelidle speed requirements for
motorized boat operation and importantly, the necessity of staying out of areas identified
as having maturing seagrass beds and potential manatee habitat. Precise locations and
language to be included in the signage will be determined in cooperation with the
agencies post permit issuance. Finally. the main channel will be marked in accordance
.._\
OR042580,l/FPl
38
-,
'~~M~~P~
P~3~
Agenda Item NO.1 OL
June 24.2008
Page 16 of 24
with the requirements imposed by the United States Coast Guard to insure that those
who use the system clearly know where the channel is and the prohibitions against
operating Iheir water craft outside the same.
Additionally, the enlargement of the tidal exchange mechanism creates potentially
hazardous conditions at the mouth of Clam Pass. Historically, this area has noticeable
tidal movement,. but ~s gentle.. enough .to .allow...fr:ee .swimming. and. wading.. The
adjustments contemplated here are likely 10 result in tidal movement that can be
hazardous except to the strongest of swimmers. Channel depths will prohibit most
wading, particularly during a high tide. Appropriate warning signs and monitoring of
human use in the Clam Pass area will be required post implementation of the
Management Plan to insure the safety of beach usens.
ORO"~680;1/FPJ.
39
Agenda Item NO.1 OL
June 24. 2008
Page 17 of 24
Memorandum
Florida Department of
Environmental Protection
DATE:
June 09, 2008
TO:
Gary McAlpin
FROM:
Lainie Edwards
Environmental Permitting Section
Bureau of Beaches & Coastal Systems
SUBJECT: Interpretation of Joint Coastal Permit: Clam Bay Restoration and Long
Term Management Project (0128463-001-JC)
The Clam Bay Restoration and Long Term Management Project Joint Coastal Permit was written
with the intent of environmental enhancement. The permit includes descriptions of authorized
activities related to the dredging of Clam Pass and the maintenance of the mangrove community.
It should be noted that this type of interior waterway management is not a typically regulated
under the JCP program. In the future dredging or filling of the interior waterways will be
regulated under the ERP program through the DEP South District Office. However, the JCP
program will continue to regulate the maintenance of a flushing outlet through Clam Pass, but
only when it involves the dredging and placement of beach compatible sand on the adjacent
beaches.
The Joint Coastal Permit (on page two) authorizes the activities included in the Clam Bay
Restoration and Management Plan. This plan references the marking of the main charmel with
requirements imposed by the United States Coast Guard (USGS). While the JCP permit does
authorize this activity through adoption of the Plan, it does not require it, and the Department
will not seek compliance action over this issue. As stated in the permit, "the Permittee is
authorized to implement the CBRMP as set forth therein." Note this does not state that the
permittee is required to conduct all activities stated therein. Furthermore, the Joint Coastal
Permit does specifically address signage / environmental protection markers that the Bureau of
Beaches and Coastal Systems requires in the Pass area through Specific Condition 5, which
discusses 10 signs required to be installed in specific locations, in order to protect the natural
communities as well as the boating public. The Bureau of Beaches and Coastal Systems requires
that these signs be installed as protective environmental measures (although the wording on the
signs will have to be amended to meet legal requirements ofFWC).
The required signage intended by the permit is specified within the permit, and it is clear that the
intent ofthe permit was environmental enhancement rather than navigational enhancements.
From the Department's standpoint, the installation of the USCG navigation markers are not a
specific requirement of this permit, and the signage required in Special Condition 5 of the permit
would address the Department's environmental enhancement concerns. Thus, it does not appear
that the additional signage would be necessary.
Agenda Item NO.1 OL
June 24, 2008
Page 18 of 24
McAfpinGary
.,
Frclm:
Sent:
To:
Subject:
McAipinGary
Wednesday, June 11,2008 5:00 PM
Ovdenk, Cynthia 0 SAJ; ochs_l; ramsey-m
RE: Clam Bay
Thanks, Cynthia, I have it now and I appreciate your help and patience in resolving this
issue.
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GaryMcAlpin@colliergov.net
(239) 252-5342
Fax: (239) 353-4061
-----Original Message-----
From; Ovdenk, Cynthia D SAJ [mailto:Cynthia.D.Ovdenk@usace.army.mil]
Sent: Wednesday, June II, 2008 2:58 PM
To: McAlpinGary
Subject: RE: Clam Bay
Sorry Gary. It appears I had an error in spelling. It is funny that this did not come back
as undeliverable. Please let me know when you receive this.
Thanks,
Cynthia Ovdenk
Project Manager, Enforcement Section
Regulatory Division
Jacksonville District
Office: 239-334-1975
Cell: 904-614-6381
Fax: 239-334-0797
Please assist us in better serving you! Please complete the customer survey by clicking
on the following link: http,//regulatory.usacesurvey.com/
-----Original Message-----
From: Ovdenk, Cynthia D SAJ
Sent: Monday, June 09, 2008 3:56 PM
To: 19arymcalpin@coliiergov.net'
Cc: Summa, Eric P SAJ
Subject: SAJ-1996-2789 Clam Bay Restoration and Management Plan
Dear Mr. McAlpin,
This email is in response to the question of compliance as related to channel markers for
tbe subject line permit. According to Special Condition (2) of this permit: The Permittee
agrees to comply with the components and timeframes as specified within the Clam Bay
Restoration Management Plan (CBRMP), which is attached to this permit as Attachment "A".
All attachments to a Corps permit are included as part of the permit and therfore
enforceable. A section of the management plan located on Page 38 and 39
states: the main channel will be marked in accordance with the requirements of the United
States Coast Guard (USCG) to ensure that those who use the system clearly know where the
channel is and the prohibitions of operating their water craft outside the same.
Therefore, in order for this permit to be in compliance the channel must be marked per th'
USCG1s requirements. Please submit a letter to the Corps indicating the channel markers
are in place, along with the dates and pictures.
Thank you,
1
Agenda Item NO.1 OL
June 24, 2008
Cynthia Ovdenk Page 19 of 24
Project Manager, Enforcement section
R~~tatory Division
Jafksonville District
Of!ice: 239-334-1975
Cell: 904-614-6381
Fax: 239-334-0797
Please assist us in better serving you! Please complete the customer survey by clicking
on the following link: http://regulatory.usacesurvey.com!
-----Original Message-----
From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net]
Sent: Wednesday, June 11, 2008 12:26 PM
To: ovdenk, Cynthia D SAJ; Djfinlay@aol.com
Subject: RE: Clam Bay
Cynthia,
Any progress on your letter of compliance on the navigational markers?
J. Gary McAlpin, Director
coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GaryMcAlpin@colliergov.net
(239) 252-5342
Fax: (239) 353-4061
'.
2
Agenda Item NO.1 OL
June 24, 2008
Page 20 of 24
McAlpinGary
FrCMTl:
Sent:
To:
Subject:
McAlpinGary
Thursday, June 12. 2008 3:05 PM
ochs-,; ramsey_m
FW: Clam Bay
I believe this is what is required for Navigational Markers from the Coast Guard.
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GaryMcAlpin@colliergov.net
(239) 252-5342
Fax, (239) 353-4061
-----Original Message-----
From: KeyesPamela
Sent: Thursday, June 121 2008 1:29 PM
To, McAlpinGary
Subject, FW, Clam Bay
Hello Gary,
Here is the email from Mr. Embres. Thanks,
Pamela
Pamela Keyes
Environmental Specialist
Coastal Zone Management Department
Collier County Government
3300 Santa Barbara Blvd.
Naples, FL 34116
Office, 239-252-2980
Cell, 239-601-1130
Fax, 239-3534061
PamelaKeyes@colliergov.net
-----Original Message-----
From: Joseph.B.Ernbres@uscg.mil [mailto:Joseph.B.Ernbres@uscg.mil]
Sent: Thursday, June 12, 2008 1:27 PM
To: KeyesPamela
Subject, FW, Clam Bay
-----Original Message-----
From: Embres, Joseph
Sent: Thursday, June 12, 2008 11:26 AM
To: 'garymcalpin@coliiergov.net'
Cc: 'Alford, Tara'; Lisko, John LTJG
Subject, FW, Clam Bay
In a previous email sent to a resident of Collier County I stated that the Coast Guard was
not aware of any requirements for any entity to install aids to navigation in Clam Bay.
The below email from the US Army Corps of Engineers (ACOE) reference SAJ-1996-2789,
indicates that the ACOE as part of that permit has required that a channel be marked in
Clam Bay.
1
Agenda Item NO.1 OL
June 24,2008
Page 21 of 24
We have received an application from Collier County for private aids to navigation that
-~will mark a channel in Clam Bay. After review of the application we have approved the
aids to navigation scheme and will be forwarding a signed permit.
.
please be advised that the CG permit to install the lateral aids to navigation does not
include a permit to install information/regulatory marks. These marks must be permitted
by the State of Florida, FWC.
-----Original Message-----
From: Ovdenk, Cynthia D SAJ
Sent: Monday, June 09, 2008 3:56 PM
To: 'garymcalpin@coliiergov.net'
Cc: Summa, Eric P SAJ
Subject: SAJ-1996-2789 Clam Bay Restoration and Management Plan
Dear Mr. McAlpin,
This email is in response to the question of compliance as related to channel markers for
the subject line permit. According to Special Condition (2) of this permit: The Permittee
agrees to comply with the components and timeframes as specified within the Clam Bay
Restoration Management Plan (CBRMP), which is attached to this permit as Attachment !lA".
All attachments to a Corps permit are included as part of the permit and therfore
enforceable. A section of the management plan located on Page 38 and 39
states: the main channel will be marked in accordance with the requirements of the United
States Coast Guard (USCG) to ensure that those who use the system clearly know where the
channel is and the prohibitions of operating their water craft outside the same.
Therefore, in order for this permit to be in compliance the channel must be marked per the
USCG1s requirements. Please submit a letter to the Corps indicating the channel markers
are in place, along with the dates and pictures.
Thank you,
Cynthia Ovdenk
Project Manager, Enforcement Section
Regulatory Division
Jacksonville District
Office: 239-334-1975
Cell: 904-614-6381
Fax: 239-334-0797
Please assist us in better serving you! Please complete the customer survey by clicking
on the following link: http://regulatory.usacesurvey.com/
-----Original Message-----
From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net]
Sent: Wednesday, June 11, 2008 12:26 PM
To: Ovdenk, Cynthia D SAJ; Djfinlay@aol.com
Subject: RE: Clam Bay
Cynthia,
Any progress on your letter of compliance on the navigational markers?
J. Gary McAlpin, Director
Coastal Zone Management
3300 Santa Barbara Blvd.
Naples, Florida 34116
GaryMcAlpin@colliergov.net
(239) 252-5342
Fax: (239) 353-4061
2
Mangrove maintenance
Agenda li'~ofdt
June 24, 2008
Page 22 of 24
.;
, ..McAlpinGary
", .,.
From: Blair. Lucy [Lucy.Blair@dep.state.fl.usj
Sent: Tuesday. June 03, 2008 6:02 PM
To: McAlpinGary
Cc: Iglehart, Jon
Subject: Mangrove maintenance
Mr. McAlpin,
Thank you for your call to Jon Iglehart. Jon is currently out of the office and I hope I can respond to your
question adequately.
Mangroves can be maintained under the following exemption:
403.9326 Exemptions
(1) The following activities are exempt from the permitting requirements ofss. 403.9321-403.9333
and any other provision of law ifno herbicide or other chemical is used to remove mangrove foliage:
(d) The maintenance trimming of mangroves that have been previously trimmed in accordance with
an exemption or government authorization, hcluding those mangroves that naturally recruited into
the area and any mangrove growth tillt has expanded from the area subsequent to the authorization,
if the maintenance trimming does not exceed the height and configuration previously established.
Historically established maintenance trimming is grandfathered in all respects, notwith!l;anding any
other provisions of law. Documentation of established mangrove configuration may ll! verified by
affidavit of a person with personal knowledge of the configuration or by photographs of the mangrove
configuration.
You had also previously contacted us about maintenance of upland swales or ditches where
mangroves had colonized. Those ditches can be maintained under paragraph (2)(b). Paragraph (2)
(a) would apply to the maintenance of the old mosquito ditches that had been maintained according
to your current permit to improve flushing to the mangrove systern. No additional authorization is
required for the mangrove alteration when necessary for works otherwise exempt under these
sections. Mangrove trimming or alteration that is beyond that minimum necessary to conduct these
exemptions would require authorization under the mangrove protection act.
40E-4.0S1 Exemptions From Permitting. Exemptions from permitting under Chapters 40E-4,
40E-40 and 40E-400, F.A.C. are set forth below. The performance of activities pursuant to the
provisions of the exemptions setforth in this section does not relieve the person orpersons who are
using the exemption or who are constructing or otherwise implementing the activity from meeting the
permitting or performance requirements of other District rules. Nothing in this section shall prohibit
the Department from taking apprqJriate enforcement action pursuant to Chapter403, F.S., to abate
or prohibit any activity otherwise exemptfrom permitting pursuant to thissection if the Department
can demonstrate that the exempted activity has caused water pollution in violation of Chapter 403,
F.S.
6/17/2008
Mangrove maintenance
Agenda li'~pf6t
June 24, 2008
Page 23 of 24
(Z) Maintenance of Systems.
.
.
(a) The performance of maintenance dredging of existing manmade canals, channels, basins, berths,
and intake and discharge structures, where the spoil material is to be removed and deposited on a
self-contained, upland spoil site which will prevent the escape of the spoil material and return water
from the spoil site into wetlands or other surface waters, provided no more dredging is performed
than is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to
original design specifications, and provided that control devices are used at the dredge site to prevent
turbidity and toxic or deleterious substances from discharging into adjacent waters during
maintenance dredging. This exemption shall apply to all canals constructed beforeApril3, 1970, and
to those canals constructed on or after April 3, 1970, pursuantto all necessary state permits. This
exemption shall not apply to the removal of a natural or manmade barrier separating a canal or canal
system from adjacentwetlands or other surface waters. Mere no previous permit has been issued by
the Board of Trustees of the Internal Improvement Trust Fund, the Department, the District or the
United States Army Corps of Engineers for construction or maintenance drmging of the existing
manmade canal, channet basin, berth or intake or discharge structure, such maintenance dredging
shall be limited to a depth of no more than 5 feet below mean low water.
(b) The maintenanceoffunctioning insect control structures, and the maintenance offunctioning
dikes and functioning irrigation and drainage ditches, including roadway drainage ditches, provided:
1. The spoil material is deposited on a self-contained upland spoil site wlich will prevent the escape
of the spoil material and return water into wetlands or other surface waters.
2. In the case of insect control structures, if the cost of using a self-contained upland spoil site isso
excessive as determined by the Department of Agriculture and Consumer Services, pursuant to
Subsection 403.088(1), F.S., that it will inhibit the proposed insect control, existing spoil sites or dikes
may be used, upon notification to the District In the case of insect control where upland spoil sites are
not used pursuant to this exemption, turbidity control devices shall be used to confine thi spoil
material discharge to that area previously disturbed when the receiving body of water is used as a
potable water supply, is designated as approved, conditionally approved, restricted orconditionally
restricted waters for shellfish harvesting by the Department, or functions asa habitat for
commercially or recreation ally important shellfish or finfish.
3. In all cases, no more dredging is to be performed than is necessary to restore the dike or
irrigation or drainage ditch to its original design specifications.
4. This exemption shall appy to manmade trenches dugfor the purpose of draining water from the
land or for transporting waterfor use on the land and which are not builtfor navig:Itional purposes.
Please let me know if you would like any additional information.
Thanks
Lucy Blair
~-'-
l/JuiIJlng partner>1iips. prrnNiing puDW: seroice OM oumac6
to ~ a 6afana 6etwun tfewfopmen' OM ,lie protection
6/17/2008
Mangrove maintenance
Agenda llllgl:N09f ~
June 24, 2008
Page 24 of 24
-Jf ~mentaf ruourteS for a mon sust4iruUire <Ffori4a, an;{
f
SN'VinIJ as faru{ stewanf for 1ftIUIO(/ement <if <FCoriiUJ 's SlIfnnerg,,{ Iiuufs.
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W Sole
is committed to continuousiy assessing and improving the level and quality of services provided to you. Please take
a few minutes to comment on the quality of service you received. Simply click on this link to the J)~EP Customer
Survev. Thank you in advance for completing the survey.
6/1712008