Help Stop Dock Construction in the Vanderbilt Channel

Many problems will occur if a private "Dunes Docks" marina is permitted in the Vanderbilt Channel of the Cocohatchee River. Updates, details and web links are described below:

Updates:

June 9, 2009: 9:00 a.m.The Vanderbilt Partners Ltd "Dunes Docks" project application request for a submerged land lease that will allow them to build a 49-wetslip marina and private fishing pier along the Vanderbilt Channel of the Cocohatchee River was scheduled for consideration by the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund. The vote was 3-1 to approve the permit. Those voting yes included Governor Crist, Chief Financial Officer Alex Sink, and Commissioner Charles Bronson. The "No" vote was by Attorney General Bill McCollum. He said he saw nothing new in the proposal from what he'd seen in 2007.

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Facts: The Dunes property developers (a.k.a. “Vanderbilt Partners, II Ltd" and "Signature Communities") wishes to build 49 private docks (wetslips) and a private fishing pier in the Vanderbilt Channel of the Cocohatchee River between the 111th street bridge (Bluebill Avenue) and Water Turkey Bay, as shown in the aerial photograph below:

In order to build these docks and fishing pier, the developers must get several permits:

1) "An Environmental Resource Permit (ERP) must be obtained before beginning any activity that could affect wetlands, alter surface water flows, or contribute to water pollution. (Source South Florida Water Management District website.) This has been obtained.

2) They must get a submerged land lease from the state of Florida. The land they wish to lease belongs to the state, not to Signature Communities. In order to get the submerged land lease, they must get the Governor's Cabinet's approval for the lease. The Cocohatchee River is part of the Wiggins Pass Estuarine System, identified by the State of Florida as "Outstanding Florida Water." This designation guarantees the water will have special heightened protection from pollution. In order to permit the submerged land lease in this area, the Dunes property developers must prove that their project is “clearly in the public interest." This was approved June 9, 2009.

3) Signature Communities must receive a permit from the Army Corps of Engineers pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 in order to dredge during construction of the docks. Signature Communities has applied for this permit.

4) Signature Communities must apply for and receive a county permit to build the wetslips. Signature Communities has applied for this permit.

 

 

 

Left: A satellite view of the Vanderbilt Channel and Turkey Bay shows North is at the top of the map. Note: condos on the east side of the Vanderbilt Channel are the Dunes, condos on the west side of the channel are those at Baker Carroll Point. Along the coast is Delnor Wiggins State Park. South of the location of the proposed Dunes Docks is Vanderbilt Lagoon, shown in the the satellite photograph below.

Clearly, the building of docks in the Vanderbilt Channel is not in the public interest for the following reasons:

  • 1) Impact on Water Quality: As stated earlier, the Cocohatchee River is part of the Wiggins Pass Estuarine System, identified by the State of Florida as "Outstanding Florida Water." This designation guarantees the water will have special heightened protection from pollution. In order to permit the submerged land lease in this area, the Dunes property developers must prove that their project is “clearly in the public interest.” At a South Florida Water Management District Governing Board meeting on December 14th, 2005, the developers' lawyer’s “proof” that the project is "clearly in the public interest" was that they will be paying a fee to lease the submerged land, and once this particular submerged land is developed with docks, other mangrove property they own along the Vanderbilt Channel will be protected from further development.

    In the 2005 Estuaries Report Card for Southwest Florida, a study conducted by scientists at the Conservancy of Southwest Florida, the Wiggins Pass/ Cocohatchee Watershed was found to have a Wildlife Rating of B- and a Water Quality rating of C-. By comparison, Naples Bay Watershed, a highly developed watershed had a Wildlife Rating of F- and a Water Quality rating of C-.

    In 2007, the Federal Water Resources Development Act, a.k.a. Clean Water Act (H.R. 1495) , set aside money for a study of Vanderbilt Beach Lagoon (see map above for the lagoon location). The reason money was set aside is because the water quality in the lagoon is poor because water no longer flushes, as it once did. Development at the south end of the lagoon was permitted at some time in the past and construction products now block flow to the Gulf of Mexico. As a result, the tidal water in the lagoon has only one connection to the Gulf.... through the Vanderbilt Channel where the proposed wetslips will be built.

    Clearly, additional dredging in the channel and pollution from leaks and spills during construction and use of the proposed marina and fishing pier will further degrade the water quality in both the Vanderbilt Channel and the Vanderbilt Lagoon.

 

  • 2) Impact on Mangrove Organisms: Building these docks will adversely affect the conservation of fish and wildlife, including endangered and threatened species, and their habitats. Healthy mangrove estuaries are the nurseries of game fish, shrimp, and crabs. Dredging will cause siltation and disturb bottom sediments. Sea grasses, filter-feeding organisms like oysters, and bottom dwelling crabs, sea stars, snails, and fish eggs will be killed. Water current flow will be altered by the riprap. (Riprap is a barrier made of rocks. Vanderbilt Partners II Ltd. proposes to use riprap along some of the dock locations.) Pollution from leaks and spills (petroleum, grease, and cleaning agents) will change the chemistry of the channel. The chemical cycling will be altered, resulting in both the degradation of the water quality and the degradation of the native mangrove estuary community. Manatees that frequent the water will be unable to reach sea grasses because of riprap and other dock barriers. The building of the docks and the noise created by the increased human activities along the mangrove banks will reduce optimal nesting sites for birds. As has been proven in other watersheds such as Naples Bay, “Only the most resilient species survive in waters altered by development.”1

 

  • 3) Impact on Recreation: Building these docks will adversely affect the fishing and recreational values and marine productivity in the vicinity. Presently, kayakers, canoers, and fishermen enjoy visiting the mangrove border of the east shore of the Vanderbilt Channel. With1/4 mile of docks built from the 111th Street bridge to Water Turkey Bay, the opportunity for recreational use by these groups will be eliminated. With siltation, bottom degradation, and biochemical changes, it is likely that good fishing opportunities will be eliminated throughout the channel. It is likely that many of the birds (osprey, eagles, ibis, pelicans, yellow-crowned night herons, black-crowned night herons, and great egrets) that frequent the area and attract photographers and nature lovers, will leave.

 

  • 4) Impact on Navigation: The present width of the channel is 251 feet at its widest point 2. With docks blocking one quarter of the channel 2, the remaining distance will be just 188 feet. The west bank of the river is presently used by fishermen and the channel is presently used by hundreds of boaters (power boats, canoes, kayaks, wave runners) whose only access to the Gulf is through this channel. Presently, most boaters stay in the middle of the channel when passing through. Some stop to fish along the mangroves along the eastern channel. With docks blocking one quarter of the channel, boaters will need to steer closer to the seawall on the west side of the channel where people are fishing from the sea wall. Lines, hooks, and props will likely affect safety of both boaters and fishermen. With constricted space in the channel, another safety issue occurs when two boats pass by one another or meet head-on.

  • 5) Impact on Erosion: As more boats use the water close to the existing seawall on the west bank of the channel, there will be increased erosion from boat wake on the wall. This will result in costly repair charges to residents at Baker Carroll Point. Erosion will increase as a result of mangrove root disturbance on the east bank of the channel, which will add additional silt to the water.

 

  • 6) Impact on Noise: The site preparation, assembly, repair, and use of 49 boat slips and a fishing pier will create noise pollution. Noise has been found to endanger the safety and health of people, and endanger real property. Pile drivers will be used to build the docks. The noise level of a pile driver is 110 decibels and is equivalent to a rock concert 3. Normal power boats reach levels of 90-105 dB 4. Cigarette boats are much louder. The noise of a boat at start-up is much louder than the idle speed of boats currently using this no-wake zone. Boats will be idling at the docks, generators will be going, and there will be parties at night. Sound is amplified over water 5. If docks are built, Gulf Breeze A will be just 275 feet and Surf Colony III will be just 350 feet from the closest docks. Dunes condos are located at much greater distances from the proposed dock locations and will have a thick wall of mangroves 6 to buffer the noise. The creation of loud noises is a detriment to the public health, comfort, safety, welfare and prosperity of the residents on the west bank of the channel. Hypertension and various psychological difficulties can be related to noise exposure 7. And, the level at which sustained exposure may result in hearing loss is 85 dB 8. Remember, pile drivers produce 110 decibels, normal boats 90-105, and cigarette boats are even louder.

 

  • 7) Impact on Quality of Life and Property Value: The scenic view that attracted many of us to this area will be drastically altered if a marina is constructed along the Vanderbilt Channel. Homeowners purchased property in this location because of the tranquil environment. Visitors rent these properties during season for the same reasons; they enjoy observing a quiet mangrove forest and the wildlife it attracts. The setting as it presently exists contributes to everyone's quality of life 9, (whether they live adjacent to the channel or boat along its shores), and the setting contributes to the monetary value of the property. With the building of a marina along this channel, quality of life and property value will likely suffer.

 

Left: The Vanderbilt Channel in April 2007.

 

 

 

 

 

 


Left: The Vanderbilt Channel as it could appear with 49 docks and a fishing pier.

 

 

 

 

 

In summary, if the submerged land lease is permitted:

  • 49 boat owners will benefit from their private docking facility and a private fishing pier will be build.
  • A relatively small fee for the submerged land lease will be received by the state of Florida. The developers have promised if they get the lease that they will not develop the mangrove forest that they own adjacent to Water Turkey Bay. Note: The submerged land adjacent to this mangrove forest is too shallow to be developed, and it is unlawful to destroy mangroves, so they will have provided no net gain in land or submerged land protection to the state or county.
  • Water quality will be degraded and natural habitats and wildlife will disappear.
  • Navigation for the hundreds of boaters who use the channel will become more difficult.
  • Recreational opportunities for others who desire to use the waterway will be limited.
  • THOUSANDS of families now and in the future will permanently lose access to this public land and the natural environment will be permanently damaged. If a submerged land lease is permitted to Signature Properties, the submerged land becomes their land.9 In essence, public land will have been stolen from the public.

 

References:

1 "Time, progress not kind to Naples Bay", Naples Daily News, November 13, 2005.
2 Dunes Document Exhibit 2.3 F
3 "Sound Levels" by Frederico Miyara
4"Beating Noise" by Chris Caswell. The quote is “It isn’t unusual for inboard or stern drive boats to reach levels in the 90-105 dB range.”
5 "Why Sound/Noise Carries So Well Over Water" Howard Shaw, PhD, and Cheryl Jackson Hall, Ph.D.
6 These numbers were determined using the scale and drawing on Dunes Document Exhibit 2.3 F
7 "Ohio State University Fact Sheet ...Noise" by Jacqueline LaMuth: “In addition to contributing to hearing loss, too much noise can affect health in other ways too. There are immediate effects that may be temporary or may become longer lasting. These include cardiovascular problems with an accelerated heartbeat and high blood pressure, gastric-intestinal problems, a decrease in alertness and ability to memorize, nervousness, pupil dilation and a decrease in the visual field. Effects that my be longer lasting include insomnia, nervousness, bulimia, chronically high blood pressure, anxiety, depression and sexual dysfunction.”
8 Information Center: Hearing Loss
9 Greenbelt Alliance“: "No one has an absolute right to use his or her land in a way that may harm the public health or welfare, or that damages the quality of life of neighboring landowners, or of the community as a whole.”

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To read the timeline of the history of the Dunes Dock Issue and read Naples Daily News articles pertaining to the subject, go to Link to History of Dunes Dock Issue

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What you can do:

*****The most important thing to do at this time is to write and/or call Governor Crist and his Cabinet and Cabinet Aides. Be sure you include Signature's Permit No. 11-01725-P, Application No. 041029-4 in your communication.

The Governor's Cabinet members are as follows:

The Honorable Charlie Crist
Office of Cabinet Affairs
The Capitol
Tallahassee, FL 32399-0001

Phone: (850) 488-4441 and (850) 488-5152
e-mail: Charlie.Crist@MyFlorida.com

Governor Aides: can be reached at  (850) 488-5152
Pat Gleason (Director of Cabinet Affairs and Special Counsel for Open Government)   Pat.Gleason@myflorida.com
Diana Sawaya-Crane (Deputy Director of Cabinet Affairs) Diana.Sawaya-Crane@myflorida.com (850) 488-9578 (fax)
Rachel Goodson          Rachel.Goodson@myflorida.com

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Office of Attorney General Bill McCollum
Office of Cabinet Affairs
The Capitol
Tallahassee, FL 32399-1050

Phone: (850) 414-3300 and (850) 245-0145
Fax: (850) 487-2564

Attorney General Aides: can be reached at (850) 245-0145
Rob Johnson        Rob.Johnson@myfloridalegal.com
Erin Sumpter        Erin.Sumpter@myfloridalegal.com

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The Honorable Alex Sink, Chief Financial Officer
Office of Cabinet Affairs
The Capitol
Tallahassee, FL 32399-0300

Phone (850) 413-2825 and (850) 413-2824
e-mail:  cfo@myfloridacfo.com

Chief Financial Officer Aides: can be reached at (850) 413-2825
Robert Tornillo         Robert.Tornillo@myfloridacfo.com
Amber Hughes         Amber.Hughes@myfloridacfo.com
Yvonne Gsteiger      Yvonne.Gsteiger@myfloridacfo.com
Gail Robinson          Gail.Robinson@myfloridacfo.com

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The Honorable Charles H. Bronson, Commissioner
The Capitol
Tallahassee, Fl 32399-0810
Attn: Office of Cabinet Affairs


Phone: (850) 410-6747
e-mail: commissioner@doacs.state.fl.us

Agriculture Commissioner Aides: can be reached at (850) 410-6747
Jim Boxold          BoxoldJ@doacs.state.fl.us
Cathy Giordano  GiordaC@doacs.state.fl.us
Dexter Harris     HarrisDe@doacs.state.fl.us

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Additional e-mail addresses:

Cabinet Affairs DEP (Department of Environmental Protection)

Phone: (850)-245-2024

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*****You can let the Army Corps of Engineers know how you feel about this issue by writing. In your letter, include the permit application No.: SAJ-2002-2966(IP-LBD).

Regulatory Division
South Permits Branch/West Permits Section
Department of the Army
Jacksonville District Corps of Engineers
Fort Myers Regulatory Office
1520 Royal Palm Square Blvd., Suite 310
Fort Myers, FL 33919

For questions and to make comments about the permit application: Lauren.B.Diaz@saj02.usace.army.mil or call 239-334-1975 extension 31.

 

****You can contact Collier County Commissioners. Let them know why you feel they should vote for the Land Development Code Amendment that would limit the number of docks that developers can build in waters adjacent to preserves and State and Federal conservation easements.

The County Website is : <http://www.colliergov.net/Index.aspx?page=30>

Names and addresses of our five commissioners are below:

Board of County Commissioners
3301 E. Tamiami Trail
Naples, Fl 34112

Phone 239-252-8097
Fax: 239-252-3602

 

 

***** If you would like to write a letter to the editor of the Naples Daily News, click on the following link. http://web.naplesnews.com/sections/help/letters.html

See samples of Letters to the Editor and Blog Letters to the Naples Daily News that concern the Dunes Docks. These 18 letters are dated January 9, 2006 through June 5, 2009.