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Agenda 04/22-23/2008 Item #10B Agenda Item No. 10B April 22, 2008 Page 1 of 4 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE PELICAN BAY SERVICES DIVISION TO PREPARE, SIGN AND SUBMIT THE CLAM BAY MANAGEMENT PLAN TO THE FEDERAL AND STATE AGENCIES OBJECTIVE: That the Board of County Commissioners authorize the Pelican Bay Services Division to prepare, sign and submit the Clam Bay Management Plan to the Federal and State Agencies. CONSIDERATION: In July 1998, the Board of County Commissioners approved and accepted the terms and conditions of the US Army Corp of Engineers Section 404 Permit #199602789(IP-CC) and the Florida Department of Environmental Protection Consolidated Joint Coastal Permit, Sovereign Submerged Land Authorization and Variance # 0128463-001-JC and authorized Pelican Bay Services Division to sign the permits on behalf of Collier County. The Pelican Bay Services Division has accepted this responsibility both financially and administratively and over the last ten years, has successfully accomplished the goal of the permits, which was to restore and maintain the mangrove forest of Clam Bay within Pelican Bay. To date, this has been accomplished in compliance of the terms and conditions of the permits. In this final term of the permit, which expires in July 2008, all outstanding issues or conditions of the permit are expected to be completed. The restoration of the mangroves by the residents of Pelican Bay through the Pelican Bay Services Division of Collier County has been a conditional success. Over the ten year period of restoration, the reason for the original die-off and major contributor to stress throughout the system has been identified as the restriction of flow between the Gulf of Mexico and the bay system. Whenever Clam Pass or the arterial flow ways, connecting the inner and upper bays, becomes constricted, negative reaction by the mangroves is seen. Hand dug inner channels, which bring this flow of water to the flats around each bay, have also been recognized as integral to the success of restoring the mangrove forest. The condition of successfully restoring the mangroves is that continued attention to these areas of concern, along with storm damage control, is required to prevent a return to the position effecting the loss of mangroves in the Clam Bay Preserve documented in the mid-1990's. Other than these ongoing maintenance requirements, the restoration of mangroves in the Clam Bay Preserve may be labeled a breakthrough success, which may help other communities and government agencies address similar deficiencies in their mangrove systems. With this acquired expertise and breakthrough understanding of the hydraulic effects to mangroves within the Clam Bay Preserve, the Pelican Bay Services Division, and their environmental engineering consultant team of Turrell, Hall & Associates, Lewis Environmental and Humiston & Moore, are in the unique leadership position of moving forward to establish a maintenance protocol for the continued support to the mangrove forest within the Clam Bay Preserve. The preparation and application to the State and Federal agencies requested represents the intent of the community of Pelican Bay to continue their stewardship of the Clam Bay Preserve and development of maintenance Executive Summary April 22, 2008 Agenda item No. 10B April 22, 2008 Page 2 of 4 protocols through the Pelican Bay Services Division of Collier County. In September of 2007, after more than a year of public discussion and eight years of annual report considerations and after incorporating several minor concerns expressed in the PBS&J Report initiated by Coastal Zone Management, the Pelican Bay Services Division approved unanimously the new ten-year maintenance application intended to address known maintenance criteria necessary to maintain the mangrove forest within the Clam Bay Preserve. This application, similar in nature with the existing permits and written to extend all the successes accomplished within, was forwarded to the County Manager's office for review before further action. The County Manager asked for the Pelican Say Services Division to work with the Coastal Zone Management of Collier County to incorporate any additional County projects or objectives to avoid conflicts or duplication of effort. The Pelican Bay Services Division staff, Board members, environmental engineering consultants, Mangrove Action Group representatives, Pelican Bay Foundation representatives and the residents of Pelican Bay met and discussed these expanded County concerns regarding coastal zone responsibilities numerous times between September 2007 and now, well beyond the minor concerns incorporated in the September 2007 approved application form. The intentions stated by the Collier County Coastal Zone Director are ambitious and extensive. In general, those objectives of the Collier County Zone Director to correct deficient water quality, silting, erosion and the instituting of biologic monitoring and setting of minimum levels of acceptability in each of these areas, are supported by the interested parties within Pelican Say and these entities have expressed an interest in working further with the Coastal Zone Director in developing these protocois and in particuiar, the Collier County funding source for such new and expansive programs. A one year extension application was requested of the Pelican Bay Services Division by the County Manager's office to allow for such discussion to take place without stoppage of maintenance within the Ciam Bay Preserve. The Pelican Bay Services Division recently drafted such a request and after review by the County Manager, signed and submitted the request to the appropriate State and Federal agencies. The Pelican Bay Services Division Board, after review of the noted Collier County Coastal Zone Management objectives, determined the Coastai Zone program to be so expansive as to redirect the focus of the existing permit and the intended objectives of the people of Pelican Bay, which is the restoration and maintenance of the mangrove forest in the Clam Bay Preserve. Accordingiy, the Pelican Bay Services Division Board, after removal of the ianguage addressing the minor concerns of the PBS&J Report to avoid duplication with the efforts of Coastal Zone Management, recommends going forward with the previously submitted new ten-year permit application, which focuses on the mangroves within the Clam Bay Preserve and that the new objectives of Coastal Zone Management be addressed under different permit applications once the objectives have been fully developed. No material duplications of service or conflicts are expected with this recommendation and submittai of this application is consistent with previous policy and actions of the Board of County Commissioners. The review of the new ten- year maintenance permit application is expected to be quite lengthy, possibly up to two years. Even with a one year extension, if granted, maintenance of the Clam Bay Preserve may be interrupted should the review process become involved. It is important that the next ten-year application be submitted in a timeiy manner in recognition of these concerns. 2 Executive Summary April 22, 2008 Agenda Item No. 10B April 22, 2008 Page 3 of 4 Finally, the Pelican Say Services Division Board, after lengthy discussion and public input, voted and approved by a 7 to 1 vote the recommendation to submit the new ten- year permit application, modified to avoid duplication of effort, and to continue the responsibilities of such actions both financially and administratively. FISCAL IMPACT: Pelican Bay Services Division has budgeted in Fund 320 and within cost centers 183800-183806 the necessary funds to obtain this permit. The impacts of future years, if awarded the permit, are expected to be funded as in prior years with a special assessment placed on the properties solely within Pelican Bay and any appropriate revenue sharing from Fund 111, representing the Collier County overlay MSTU and intended for such conservation maintenance items. GROWTH MANAGEMENT IMPACT: associated with this item. There is no growth management impact RECOMMENDATION: That the Board of County Commissioners authorize the Pelican Bay Services Division to prepare, sign and submit the Clam Bay Management Plan to the Federal and State Agencies. Prepared by: John T. Petty, Division Administrator Pelican Bay Services Division 3 Page 1 of I Agenda Item No. 10B April 22, 2008 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10B Meeting Date: This item to be heard at 10:30 8.m. Recommendation from the Pelican Bay Services Division that the Board of County Commissioners authorize the Pelican Bay Services Division to prepare, sign and submit the Clam Bay Management Plan to the Federal and State Agencies. (John Petty, Pelican Bay Services Division) 4/22/2008 9.0000 AM Approved By Kyle Lukasz Operations Manager Dale County Manager's Office Pelican Bay Services 4/10/20088:46 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/10/200810:37 AM Approved By John A. Yonkosky Director of the Office of Management Dale County Manager's Office Office of Management & Budget 4/10/20084:24 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 4/11/200812:36 PM file://C :\Agenda Test\Export\ I 05 -April%2022, %202008\ 1 0.%20COUNTY%20MANAGER... 4/16/2008