MARINA OPERATION AND MANAGEMENT PLAN January 6, 2011 Rev. 3 File: MOMP_2010i.doc revised per TS Comments (DEP Approved 1/6/2011)

Transcription

1 MARINA OPERATION AND MANAGEMENT PLAN January 6, 2011 Rev. 3 File: MOMP_2010i.doc revised per TS Comments (DEP Approved 1/6/2011) FOR: ISLAND MARINA BY: ISLAND MARINA BOAT SLIP OWNERS ASSOCIATION, INC. (IMBSOA) & Russcor Engineering, Inc. 199 Cheshire Way Naples, Florida & Island Marina Directors and Committee Members

2 INDEX Facility Information... 3 Navigational Information... 3 Marina Facilities... 3 Emergency Services... 4 Compliance with all Department Requirements... 8 Environmental Guidelines... 9 No Fueling Facility at the Marina... 9 Containment of Discharges... 9 Boat Maintenance Solid Waste Disposal Recycling Special Notes on Proper Disposal Methods Sewage Pump-out Facility at the Marina No Fish Cleaning Stations Mooring of Vessels Repair of Structures Piling Replacement Compliance With Water Quality Standards Non-Water Dependent Activities No Live-a-boards (Overnight Stay Restrictions Written Notice to Slip Tenants SLIP DOCKAGE AGREEMENT Self-Monitoring/Certification Submissions Permanent Manatee Signage Navigational Signage APPENDIX A: FACILITY DISCHARGE CONTINGENCY PLAN MASTER LOG: APPENDIX B, C, D, E, F, G, H & Attachment A Disc, & Reporting.23 ATTACHMENT A DISCHARGE REPORTING FORM.25 DEP DISCHARGE REPORT FORM FUEL SPILL RELEASE REPORT- IMBSOA..28 APPENDIX B: HOLDING TANK INSPECTION LOG.23 & 29 APPENDIX F Master Data File (MDF) IMBSOA APPENDIX C: WASTE SEACOCK SEAL LOG APPENDIX D: TRAINING LOGS APPENDIX E: SEWAGE PUMP-OUT LOG APPENDIX I: SITE PLAN APPENDIX H: LIVEABOARD LOG...24 APPENDIX J: DECLARATION OF COVENANTS & RESTRICTIONS ISLAND MARINA.34 APPENDIX K: RULES AND REGULATIONS..35 APPENDIX L: SUBMERGED LAND LEASE EXHIBIT A Vanderbilt Drive Page 2 of 36 Naples, FL 34110

3 MARINA OPERATION AND MANAGEMENT PLAN Facility Information Facility Name Island Marina Boat Slip Owners Assoc - Marina Facilities Manager Fred Ferraro Physical Address Vanderbilt Drive Naples, FL Mailing Address Island Marina Boat Slip Owners Assoc. Inc Vanderbilt Drive, Naples, FL Phone Number (239) Fax Number (239) Navigational Information Latitude: N Longitude: W NOAA CHART #20E Reported Depth (MLW) Approach: 7 minimum approx. Slips: 8 to 5 approx. Pass varies by filling between dredging from 7 to 2 Tidal Range: -0.5 to Local Knowledge of Wiggins Pass sedimentation condition very beneficial Marina Facilities Total # # of Wet Slips of Wet on Sovereignty Slips Submerged # of Wet Slips on Private Submerged Lands # of Upland Dry Slip # of Slips Open to the Public (1) # of Wet Slips available for overnight stays (2) Lands Approx 20 5 (1) Slips are open to the public through by rental/lease or purchase rights from the individual Owners with Slip use rights. The quantity of available slips to the public varies and the typically # of slips open to the public are as indicated. (2) Overnight stays on vessels are limited to the provisions of the lease with no live-a-boards. Overnight stays are limited to four (4) consecutive days with a total of eight (8) within a 30 day period. Dock Type Sewage Pump-out Dockage Rates Dockside Power Phone Hook-up Cable TV Floating Yes Slip 80, Northeastern Slip location 50 AMP and 20 AMP Yes No No Shore-side facilities: Heads Showers Sinks Payphone Washers/dryers Number /0 Male/Female 1/1 Public Facilities No Vanderbilt Drive Page 3 of 36 Naples, FL 34110

4 Emergency Services Police Contact Number 911 US Coast Guard Contact Number (239) Fire Station Contact Number 911 Oil Spill Report Number Spill Response Number Sea Tow (239) , Cell (609) Towing Service Sea Tow (239) , Cell (609) Site Plan There is a site plan of the marina available in Appendix I of this Plan. Please reference this site plan to become familiar with the facility s layout. Marina Background 1. Permits, authorizations and other information regarding the facility may be found at the Marina office at Vanderbilt Drive, Naples, FL The Marina serves Island Marina Boat Slip Owners Association, Inc. Owners and Open to the Public Renters. The Marina is unit of the Marina Bay Club Condominium and defined by the Declaration of Covenants and Restrictions Island Marina Documents (Refer to Appendix J). - Sovereign Submerged Land Lease modified on June 12, 2001 and Expiration date February 12, 2016; Modification of the Sovereign Submerged Land Lease is expected in 2011 responsive to requirements of Consent Order, OGC No SL entered on July 29, 2010 for modified requirements; - DER File Nos / Aug 12, Permit (an earlier Island Marina referenced permit issued ; - Permit No issued August 21, 2006 and expires August 21, 2011, (Permit for Finger Pier extension within Lease boundary and addition of end guide pile); - Consent Order, OGC No SL entered on July 29, 2010; - Department of the Army SAJ (LOP-CJW) May 25, 2006 Expires May 24, 2011 for completion of finger pier modification construction; 2. Sovereignty Submerged Lands Lease - Sovereign Submerged Land Lease modified on June 12, 2001 and Expiration date February 12, 2016 (Refer to Appendix L); Modification of the Sovereign Submerged Land Lease is expected in 2010 responsive to requirements of Consent Order, OGC No SL entered on July 29, 2010 for modified requirements; 3. Licenses associated with this Private Marina Facility Collier County Occupational License; 4. Soundings chart of marina & approach A bathometric survey is on file in the marina records. Adequate depth is available for approach to slips for authorized vessels of draft 4.5 or less. The Wiggins Pass Local Knowledge of Wiggins Pass sedimentation condition is very beneficial since the channel is subject to sedimentation variations between the periodic Collier County dredging of the pass; Vanderbilt Drive Page 4 of 36 Naples, FL 34110

5 5. Blueprints or Drawing Sketches a. All buildings (Refer to Condo Documentation Records); b. Plumbing including pump-out system (Refer record Drawing on file); c. Electrical with main breaker locations (Refer record Drawing on file); 6. Designer s name and contact number The Condo unit and Marina unit have been taken over from the Developer and prior information is on file; 7. Contractor s name and contact number Contractor s are retained per the scope of work required for maintenance or authorized by permits; 8. Dredge/pile driving Company and contact number - Contractor s are retained per the scope of work required for maintenance or authorized by permits. Contractors: -Garland & Garland: Naples Florida ; 9. Supplier of equipment a. Power pedestals mounded on Dock Boxes - Records are on file in Marina Office. Supplier: Dock Boxes Unlimited: Irving, Texas ; b. Sewage Pump Out Station Replaced in Records are on file in Marina Office; c. Fire equipment (fire extinguishers) - Records are on file in Marina Office. Supplier: ABC Fire Equipment Naples, Florida ; d. Alarm system (not applicable); e. Safety equipment - Records are on file in Marina Office. Suppliers: ABC Fire Equipment: Fire Equipment etc , Allied Supply: First Aid etc , Sportsman Guide: Life Saving & Flotation Devices etc: ; f. Spill Containment Equipment - Records are on file in Marina Office Supplier: Enviro Marine Inc.: Johns Island, South Carolina ; g. Dock hardware - Records are on file in Marina Office; h. Marina lay-out Refer to records on file in Marina Office and site plan Appendix I; 10. License Agreements Refer to Item 4 above; 11. Inventory of capital equipment with serial numbers and warranty history - Records are on file in Marina Office; 12. Vessel and vehicle registrations Information is tracked and reported monthly within the marina documentation such as the IMBSOA Master Data File; 13. Insurance policies - Records are on file in Marina Office; Vanderbilt Drive Page 5 of 36 Naples, FL 34110

6 Personnel Training and Education Training This Marina Operations and Management Plan ( Plan ) serves as the personnel educational text. All personnel serving the operations of the Marina will be trained in the operations and procedures of the facility and Department authorizations within 15 days of hiring. Supplemental training sessions shall occur annually in the month of July. The Marina Operations Manager, outside agencies including those referenced by the Clean Marina Plan, shall conduct training. Training methods shall include: Providing all personnel associated with the operations of the Marina with a complete copy of this Plan. Lecture by person responsible for ensuring compliance On-site training of operations. Clean Marina training. Lecture by person responsible for ensuring compliance. New hire personnel training shall occur in a group or one-on-one event depending on the number of new hires. Supplemental training sessions shall occur as a group event. The training logs, see Appendix D, shall be used for each training event and submitted to the Department s South District Office, SLERP Section, P.O. Box 2549, Fort Myers, FL as part of the Self Monitoring Certification submission described later in the Plan. A sample Training Log and Supplemental Training Log may be found in Appendix D. Personnel Education: The Marina s annual training workshops for personnel, contracted services and employees include implementation, compliance and monitoring of the Operations and Maintenance Plan. The topics discussed during training include: - An overview of the Florida Department of Environmental Protection (FDEP), Army Corps of Engineers and all other applicable agencies, permit conditions and regulations governing water quality and habitat protection in the Marina and surrounding area. - An explanation of the potential sources of contaminants from vessels and how they affect water quality. - A synopsis of the County s recycling program, to include designated areas for disposal, proper techniques regarding handling of batteries over the water surface and the docks. Batteries shall be taken off the Marina property by the vessel owner or contractor to be disposed of in an appropriate manner. - The prohibition on the use of hard abrasives or chemical treatment Vanderbilt Drive Page 6 of 36 Naples, FL 34110

7 - An explanation of the value of floating debris collection and recycling efforts. - Information on the correct procedures for fuel spill containment. - An explanation of methods to reduce or eliminate oil content in bilge water. - Information regarding proper handling and disposal of used oil products. - An explanation of the value of using environmentally friendly cleaning methods and products. - Instruction on the proper disposal procedure for hazardous wastes such as old gasoline left over chemicals, out of date flares, etc. - Discussion of compliance concerns, non-compliance trends and provide refresher discussions on areas of consistent non-compliance. - Review of all elements of the education program and discuss modifications that would make implementation of the Plan more effective. - Overview of the personal safety practices of the Marina. - Implementation of operation practices to maintain an environmentally friendly marina. - Education of Marina Staff on the best means to manage on site fire protection. The North Naples Fire Department provides educational guidance to the Marina and has a fire boat berthed at the Marina. Education is also provided by other sources and guidelines. New hire personnel training shall occur in a group or one-on-one event depending on the number of new hires. Supplemental training sessions shall occur as a group event. The Training Logs (Refer to Appendix D) shall be used for each training event and submitted to the Department s South District Office, SLERP Section, P.O. Box 2549, Fort Myers, FL as part of the Self Monitoring Certification submission described later in the Plan Vanderbilt Drive Page 7 of 36 Naples, FL 34110

8 Compliance with all Department Requirements Sovereignty Submerged Lands Lease No ( Lease ) or a copy thereof, complete with all conditions, attachments, and exhibits and modifications, is attached to this Marina Operations and Management Plan ( Plan ) as Exhibit A in Appendix L. Once the Department approves the modified lease this shall be available for review at the facility. The facility requires any contractor, representatives or employees to review the complete Plan prior to commencement of the activities authorized by the Lease. The facility must be in compliance with all issues and regulations found in the Consent Order and permits, etc issued by the Department of Environmental Protection. Please refer to these documents for specific rules and regulations. ANY CHANGES TO THIS PLAN MUST BE SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL. The facility must be in compliance with all issues and regulations found in the Consent Order, OGC No SL entered on July 29, 2010, DEP File ), Sovereign Submerged Land Lease modified on June 12, 2001 and revisions to the Sovereign Submerged Land Lease; Authorized Permits such as Permit No (issued August 21, 2006 and expires August 21, 2011), permit (issued ) and future permits or revisions issued by the Trustees and the Department of Environmental Protection. Please refer to these documents for specific rules and regulations. Copies of applicable documents are on file at the Marina office. Compliance shall be monitored by the Marina Operations Manager and Island Marina Boat Slip Owners Association, Inc. Board of Directors following provisions of the Marina Bay Club, Condominium Marina Unit (FEE) O.R. 1619, PG 1419 and within the referenced Condominium Documentation, refer to Appendix J. Failure to comply with the rules and regulations may result in the loss of docking privileges at the marina, (Refer to Appendix K). ANY CHANGES TO THIS PLAN MUST BE SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL. Activities approved by the Lease shall be conducted in a manner which shall not violate any lease conditions and which do not cause violations of state water quality standards. The facility shall implement best management practices for erosion and turbidity control to prevent violations of state water quality and impacts to wetlands and surface waters. Should any other regulatory agency require changes to the facility, the facility shall notify the Department in writing of the changes prior to the implementation so that a determination can be made whether a Lease or Permit Modification is required. This Plan does not eliminate the necessity to obtain any required federal, state, local, and special District authorizations prior to the start of any activity approved by the Lease or Permit. The Lease does not convey to the facility, or create in the facility, any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the facility or convey any rights or privileges other than those specified in the Lease and Chapter 40E-4 or Chapter 40E-40, Florida Administrative Code Vanderbilt Drive Page 8 of 36 Naples, FL 34110

9 The facility shall hold and save the Department harmless from any and all damages, claims, or liabilities, which may arise by reason of the ordered activities, authorized by Consent Order, OGC No SL entered on July 29, 2010, Sovereign Submerged Land Lease modified on June 12, 2001 and revisions to the Sovereign Submerged Land Lease; Authorized Permits such as Permit No (issued August 21, 2006 and expires August 21, 2011), permit (issued ) and future permits or revisions issued by the Trustees and the Department of Environmental Protection. If historical or archaeological artifacts are discovered at any time on the project site, the facility shall immediately notify the Department. The facility shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. Environmental Guidelines All self-employed boat workers and independent contractors must register and receive approval from the Marina Operations Manager before beginning any work at the facility or within the leased area. All subcontractors must comply with these environmental best management practices, all Department authorizations, and all other federal, state, and local requirements. The facility encourages all contractors to review a copy of Best Management Practices which can be found in the Clean Marina Plan at The facility encourages all vessel owners to adhere and follow clean boating habits at No Fueling Facility at the Marina The Marina provides no fueling services for the boats in the marina. The Marina allows fuel to be delivered by a licensed Fuel Dispensing Company, but it is the vessel owner s responsibility to arrange from an authorized Company in good standing with the Marina. Containment of Discharges In the case of a spill or discharge of a hazardous substance this Marina contracts with the Sea Tow Company (239) , Cell (609) for emergency response. Written procedures, Facility Discharge Contingency Plan (see Appendix A) is in place to handle containment of fuel spills at the Marina. - Sea Tow and the Marina Operations Manager are the First Responders to all fuel and oil spills within the Marina s waterways. - The Clean-up Contractor for major spills is Sea Tow; Sea Tow and Marina personnel accomplish all other minor clean-up and proper disposal. - The Marina Operations Manager generates a Fuel Spill Incident Report, (see Appendix A, Attachment A Discharge Report Form and is responsible for reporting all fuel spills to the following agencies: State of Florida (State Warning Point, ), U.S. Coastguard (National Response Center, ), U.S. Coastguard (Marine Safety Office Ft. Myers, ) and Florida Fish and Wildlife Conservation Commission ( ) Vanderbilt Drive Page 9 of 36 Naples, FL 34110

10 Boat Maintenance Painting, scraping or sanding of boats or gear shall not be permitted at the facility or within the Leased area. Specifically prohibited are any discharges or release of oils or greases associated with engine and hydraulic repairs and related metal-based bottom paints associated with hull scraping, cleaning, and painting. Minor repairs and boat maintenance that will not cause or contribute to the release of water pollutants and which are performed by owners or qualified marine mechanics are allowed. Routine maintenance and minor repairs necessary for the preservation and seaworthiness of the vessel at individual slips is restricted to activities which can be performed without materials entering the waterway or causing damage to the facility. In water hull maintenance, including cleaning of boat hulls, throughout the facility shall be limited to use of sponges or plastic scouring pads (Starbrite, Hol-tite, or similar). The use of metal scrapers, stiff brushes, or similar implements to remove barnacles or extensive algae growth is prohibited. Under no circumstances is turbidity associated with hull maintenance in individual slips to exceed 29 NTU s above water clarity in the center of the immediate marina freeway. If cathodic protection devices made of zinc are replaced, all zincs, or zinc particles, must be removed from the water. The Vessel Owner and anyone using the marina facility has an obligation to maintain water quality; prevent the discharge of oils, greases, food products, or other wastes associated with use of a galley or other source. An education program encourages the use of biodegradable Phosphate free detergents. The marina provides hand outs, bulletin board notice and has signage prohibiting the use of cleaner containing ammonia, petroleum distillates, sodium hydroxide or chlorinated solvents in any location having the potential for possible surface water contamination. The marina has no liveaboards and the use of the upland shower or an offsite shower is encouraged. Solid Waste Disposal The facility provides solid waste receptacles for the disposal of general refuge generated by the boaters. These receptacles are located in the upland adjacent to the boat ramp and boathouse and have closing lids to eliminate spillage that could enter the waterway. For large bulk waste boaters are to use the large dumpsters located at the Condominium and its recycling containers. Recycling The facility supports and encourages all boaters to recycle whenever possible. Adjacent to the dockside trash receptacles are a recycling bin for glass, plastic and aluminum items. Upland facilities have Collier County provided recycling containers. Off site centers shall be used for items that are not be disposed of in the traditional waste receptacles. All residents and businesses within Collier County can use the Recycling Centers. The closest Recycling Center is located at: Naples Recycling Center 2640 West Enterprise Avenue Naples, Fl Phone: Hours: Tuesday - Saturday, 8 am - 5 pm The following items must be recycled and can be dropped off at the Recycling Center; antifreeze (10 gallon limit), appliances, electronics, car batteries, cooking oil (10 gallon limit), motor oil (10 gallon limit), hazardous waste, paint, transmission/hydraulic fluid (10 gallon limit), fluorescent lamps, mercury devices, used oil/fuel filters, bilge socks and ni-cad/rechargeable batteries Vanderbilt Drive Page 10 of 36 Naples, FL 34110

11 The following items may be recycled and can be dropped off at the Recycling Centers; all plastics, food trays, egg cartons, aluminum cans, catalogs,) corrugated cardboard, glass bottles & jars (green, brown & clear) junk mail, magazines, newspaper, office paper, paper grocery bags, phone books, plastic grocery bags, scrap aluminum, scrap metals, steel cans, textiles, tin cans, etc. Special Notes on Proper Disposal Methods Battery Disposal: Alkaline batteries are not hazardous. All non-rechargeable A, C, and D cell batteries may be disposed of in waste receptacles. Other batteries such as those found in hearing aids, cell/cordless phones; cameras and rechargeable batteries have toxic substances such as nickel, cadmium or lithium in them and are to be recycled. All lead acid batteries for cars, trucks, boats, tractors, motorcycles, etc. are hazardous waste and are required to be recycled or disposed of properly. These items must be dropped off at the Recycling Centers or the Household Hazardous Waste Center. Liquid Waste Disposal: The facility does not have any storage or approved method of disposing liquid or hazardous waste. All waste shall be disposed of in accordance with current Department of Environmental Protection rules and regulations. The following locations accept liquid or hazardous waste for disposal purposes: Naples Recycle Center 2640 Enterprise Ave, off Airport Road Phone: (239) Hours: Tues - Sat, 8 am - 5 pm Marco Island Recycle Center 771 East Elkcam Circle Phone: (239) Hours: Tues - Sat, 8 am - 5 pm Sewage Pump-out Facility at the Marina The Marina has a sewage pump out slip No. 80 in the northeastern side of the marina. The normal hours of operation are by appointment only Monday through Friday by calling (239) for an appointment, or the Operations Manager may be contacted if necessary at (239) to schedule a pump out. Should a vessel be arriving at the marina in need of Sewage or Gray water disposal and an appropriate time for pump out cannot be scheduled the vessel will be directed to a nearby facility such as: Naples City Dock th Avenue. S. Naples, FL (239) Latitude: N Longitude: W Vanderbilt Drive Page 11 of 36 Naples, FL 34110

12 SEWAGE PUMP-OUT LOG This facility is required to keep a Sewage Pump-out Log for the portable pump-out device or the permanent sewage pump-out system. The facility enters each pump-out performed into the Sewage Log. Each Log entry shall include the following: A. Date of pump-out B. Approximate volume of pump-out C. Identification of the vessel (e.g. name, registration or documentation number) D. Slip number (if vessel is moored at the marina) E. Signature of person performing the pump-out All sewage pump-outs are to be recorded in the Master Log (Refer to Appendix E Sewage Pumpout Log). Quarterly Pump-out Reports shall be submitted to FDEP Clean Vessel Act Program. No Fish Cleaning Stations No fish cleaning stations are available and fish cleaning is prohibited at the dock, as is disposal of fish wastes in the water that are prohibited at the facility. Mooring of Vessels The Lessee shall be responsible for ensuring that no mooring (docking) of vessels occurs outside the Lease boundaries and requires this compliance by all vessels and slip users. The Marina Operations Manager will make periodic checks and may re-tie a vessel. This does not relieve the vessel owner of proper mooring responsibility. Refer to the Mooring Rules. All parts of all vessels moored at the facility in the water or on boatlifts on a temporary or permanent basis shall at all times be within the Lease boundaries. All parts of all vessels includes any extensions of the vessels including, but not limited to bow pulpits, dive platforms, nets, trawl doors, outboard motors, outdrives and dinghies. Each vessel registered at the Marina will have a dock box tag defining the maximum distance from the floating dock that the vessel is allowed to prevent a violation of entering State Space and exceeding the permitted slip mooring space. The waterward bollards do not define the specific waterward boundary. Repair of Structures The facility shall plan and implement practical authorized repair and/or replace all dock structures and pilings or bollards that are in a state of disrepair or non-functional on a continual basis. Any change in size (length or width) or location of structures will require Department regulatory and proprietary authorization prior to construction of the structure modifications. Piling Replacement All replacement pilings for support of the docking structures and for boat mooring shall be non- CCA-leaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments) Vanderbilt Drive Page 12 of 36 Naples, FL 34110

13 Compliance With Water Quality Standards The facility shall ensure all activities within the Leased area and private basin comply with applicable State Water Quality Standards, namely: Rule , F.A.C. Surface Waters: Minimum Criteria, General Criteria Rule , F.A.C. Table: Surface Water Quality Criteria Class III Waters Rule (2), F.A.C. Anti degradation Permitting Requirements, Outstanding Florida Waters All activities including, but not limited to construction, operation, maintenance or use of the facility or any and all activities conducted upon Sovereignty Submerged Lands and the private basin shall, at all times, comply with surface water quality standards pursuant to Chapter , Florida Administrative Code. Non-Water Dependent Activities The facility does not allow unauthorized non-water dependent activities on the docking structures or decks over Sovereign Submerged Lands. Non-water dependent activities include, but are not limited to the following: over-water dining, bars, refrigerators, freezers, washing machines, clothes dryers, air conditioning units, tables, picnic tables, table umbrellas, chairs, recliners, rugs, carpets, potted plants, barbecue grills, propane tanks, gasoline tanks, bicycles, motorcycles, carts, boats, dinghies, outboard motors, wind surfers, surfboards, kayaks, canoes, storage of equipment and storage lockers or boxes exceeding the limits defined in paragraph B below. A. Rule (1) (F), Florida Administrative Code, limits activities on Sovereignty Submerged Lands to water dependent activities only. Rules (72) and (65), Florida Administrative Code, define water dependent activities. B. Dock boxes with maximum dimensions of 2 W x 4 L x 3 H having received prior regulatory and proprietary authorization and are considered water-dependent and allowed on the docks. A vessel that either does not possess a current vessel registration and title as required in accordance with Chapters 327 and 328, Florida Statutes, or does not have a current vessel registration and title as required in another state or country is considered a Floating Structure. Floating Structures as defined by section (9); Florida Statues are prohibited from mooring on/over Sovereignty Submerged Lands at the facility. All vessels allowed to moor or dock or otherwise use the Leased area shall be maintained in a fully operational condition and are capable of moving by self-propulsion Vanderbilt Drive Page 13 of 36 Naples, FL 34110

14 No Live-a-boards (Overnight Stay Restrictions Overnight stays on vessels are limited to the provisions of the lease with no live-a-boards. Overnight stays are limited to four (4) consecutive days with a total of eight (8) within a 30 day period. Discharge to surface waters from the use of Type I or Type II Marine Sanitation Device (MSD) by any vessel while moored at the Marina is prohibited. Vessels which use the slip space as a Live-aboard shall be registered at the Marina Office and comply with all rules and dockage agreement requirements and be documented in the following logs (referenced in Appendix B & H). A. Liveaboard Log. The facility records the slip number of each slip where a Liveaboard vessel is moored a minimum of once a week into the Liveaboard Log (Refer to Appendix H). Each Log entry shall include the following: 1. Date and time of inspection 2. Slip number 3. Identification of the vessel (e.g. name, registration or documentation number) 4. Total number of Liveaboard vessels 5. Signature of the inspector B. Holding Tank and Plumbing Inspection Log. The facility inspects each Liveaboard vessel to assure that the holding tank is plumbed to accept all sewage, and record the results into the Master Log. Each Log entry shall include the following: 1. Date and time of inspection 2. Yes or No: holding tank plumbed to accept all sewage and gray water 3. Volume of holding tank in gallons 4. Identification of the vessel (e.g. name, registration or documentation number) 5. Slip number 6. Signature of inspector C. Waste Seacock Seal Log. The facility inspects the waste seacock seals of each Liveaboard vessel a minimum of one time every 30 days (to assure that the seacock remain closed) and record the results in the Master Log. Each Log entry shall include the following: 1. Date and time of inspection 2. An entry that the seacock seal has remained intact or has been altered 3. Identification of the vessel (e.g. name, registration or documentation number) 4. Slip number 5. Signature of inspector Written Notice to Slip Tenants The facility shall provide the following written notice to each vessel upon entrance to the facility: Discharge of black water (sewage) to surface waters is prohibited Upland restrooms and a shower are available on the uplands and use is encouraged A sewage pump-out facility exists at the marina and its use is encouraged Vanderbilt Drive Page 14 of 36 Naples, FL 34110

15 Notification of how to obtain the pump-out service Requirement that each Liveaboard vessel shall have a holding tank that is plumbed to collect all sewage Notice that all waste discharge valves (waste seacock) on each Liveaboard vessel shall be secured in the closed position and that waste seacock seals will be installed and inspected a minimum of once a month and recorded in the Waste Seacock Seal Log (Reference Appendix C) Prohibition of discharge to surface waters from a Type I or Type II Marine Sanitation Device (MSD) by Liveaboard vessels as defined in Lease Condition No. 29 Liveaboards A vessel that either does not possess a current vessel registration and title as required in accordance with Chapters 327 and 328, Florida Statutes or does not have a current vessel registration and title as required in another state or country is considered a Floating Structure. Prohibition of Floating Structures as defined by Section (9), Florida Statutes on/over Sovereignty Submerged Lands All vessels allowed to moor or dock or otherwise use the Leased area shall be maintained in a fully operational condition, capable of moving by selfpropulsion. SLIP DOCKAGE AGREEMENT The Slip Dockage Agreement shall contain, but is not limited to the following: A statement that a Liveaboard is a vessel docked at the facility that is inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period, and in no such event shall a Liveaboard vessel exceed six (6) months within any twelve (12) month period within the Lease area, nor shall any such vessel constitute a legal or primary residence. The six (6) month maximum time limit does not apply to vessels moored over private submerged lands. Overnight stays on vessels are limited to the provisions of the lease with no live-a-boards. Overnight stays are limited to four (4) consecutive days with a total of eight (8) within a 30 day period. Prohibition of discharge to surface waters of any black water (sewage) Prohibition of discharge to surface waters from a Type I or Type II Marine Sanitation Device (MSD) by liveaboards vessels as defined above Notice that upland restroom and shower facilities are available 24 hours per day, and the use is free as part of the slip rental fee and indicate the location Requirement that each Liveaboard vessel has a holding tank that is plumbed to collect all sewage Notice that sewage pump-out is available the use is encouraged Notice that all Liveaboard vessels shall be inspected by marina staff to ensure that they have a holding tank that is plumbed to collect all sewage Requirement that waste seacock (waste discharge valves) of each Liveaboard vessel shall be sealed in the closed position (directing all waste to the holding Vanderbilt Drive Page 15 of 36 Naples, FL 34110

16 tank) with a non-releasable uniquely colored wire tie (waste seacock seal) to prevent discharge of any sewage Requirement that waste seacock seals of each Liveaboard vessel shall be inspected by marina staff monthly with the condition of the waste seacock seal noted in a log maintained by the marina staff (Refer to Appendix C) Notice that ejection from the marina will occur if the slip renter does not comply with all of the above requirements, specifically the no discharge of sewage requirement Requirement that all vessels allowed to moor or dock or otherwise use the Leased area shall be maintained in a fully operational condition, capable or moving by self-propulsion. Prohibition of Floating Structures as defined by Section (9), Florida Statutes on/over Sovereignty Submerged Lands Please see IMBSOA Dockage Agreement Paragraph 22 B for the facility s requirement to collect 6% of all revenues generated over Sovereignty Submerged Lands. Self-Monitoring/Certification Submissions The facility shall provide Self-Monitoring/Certification Submittals to the Department semi-annual (two times a year) written reports for the first year and annually thereafter. The Self- Monitoring/Certification Submittals shall report on the compliance status with all terms and conditions of the Corrective Actions of Consent Order OGC Case No SL and Sovereignty Submerged Lands Lease No Each section of the Self- Monitoring/Certification Submittal shall be titled and may be in the form of a checklist with space provided to address any non-compliance issue for each requirement. Copies of any log that is required to be maintained may be submitted to verify compliance with that specific item. The facility shall provide a written narrative describing the nature of any item(s) found to be in noncompliance and present a plan detailing how and when the item(s) will be brought into compliance within 30 days or less. The facility shall immediately notify the Department in writing or by telephone at 239/ of any non-compliance item(s) that will require more than 30 days to correct with a plan to achieve compliance as described above. The Self-Monitoring/Certification Submittals and any revisions shall be submitted to the Department. The facility shall submit revisions to the Self-Monitoring/Certification Plan within 30 days of receipt of a Department request for modification or clarification of the submittal. Permanent Manatee Signage The facility has purchased and installed permanent manatee signage in compliance with the Florida Fish and Wildlife Conservation Commission ( FFWCC ), Imperiled Species Management Section (ISMS). The facility shall ensure that the view of the permanent manatee signage is not obscured in any manner at anytime. The facility shall immediately replace the manatee signage in the event that the signs fade or become damaged and maintain the signs for the life of the facility. Navigational Signage The facility shall maintain any approved and/or required navigational signage for the life of the facility and replace the signs in the event that the signs fade or become damaged Vanderbilt Drive Page 16 of 36 Naples, FL 34110

17 APPENDIX A: FACILITY DISCHARGE CONTINGENCY PLAN Table of Contents 1 Policy and Organization 1.1 Marina Management No Fueling Facility at the Marina Emergency Response Action 2.1 Notification Verification On-Scene Assessment and Response to Discharge Contact Information 3.1 Key Personnel Emergency Response Contractor Emergency Notification Numbers Spill Containment and Countermeasures 4.1 Discharge Mitigation, Recovery and Disposal Protection of Sensitive or Critical Locations Documentation...22 Attachment A: Attachment B: Discharge Reporting Form FUEL SPILL RELEASE REPORT IMBSOA Vanderbilt Drive Page 17 of 36 Naples, FL 34110

18 1 Policy and Organization 1.1 Marina Management Island Marina Boat Slip Owners Association has designated the Marina Operations Manager as the Spill Response Officer. The Spill Response Officer is responsible for directing the overall response to a petroleum release. The Spill Response Officer may arrange with emergency response contractors in order to efficiently and rapidly respond to a petroleum release. Sea Tow, which had been designated as the emergency response contractor, will assume this role (see Section 4 for contact information). The Spill Response Officer will also be responsible for several functions, including: Appoint an Assistant Spill Response Officer (at his/her discretion) to coordinate control and cleanup operations at the scene of a petroleum product spill. Report spills to one or all of the following as spill conditions dictate: the United States Coast Guard National Response Center, the Florida State Warning Point, and/or the North Naples Fire Rescue Department. Coordinate control and cleanup operations at the scene of a petroleum product spill. Implement appropriate action for precautions from fumes for fire safety and reasonable safe contamination control response. The area affected should have the power shut off (North or South Breaker shut off) and the area closed off and protected. Engage a professional licensed clean-up Company and address the differing procedures for gasoline verses diesel fuel spills Implement and enforcing policy and ensuring compliance with all applicable Federal, State, and local agency environmental and safety policies applicable to this site. Review the Facility Discharge Correction Plan every year and update as necessary. Changes shall be reviewed and approved by qualified personnel. The plan will be updated when: 1. The facility changes in its design, construction, operation, maintenance, or in other circumstances that materially changes the potential for fires, explosions, or releases of petroleum products, or changes the response necessary in an emergency. 2. The Facility Discharge Correction Plan fails in an emergency. 3. Key staff duties or personnel change. 4. The list of emergency response contractor s changes. 5. The list of emergency equipment changes. 1.2 No Fueling Facility at the Marina The Marina provides no fueling services for the boats in the marina. The Marina allows fuel to be delivered by a licensed Fuel Dispensing Company, but it is the vessel owner s responsibility to arrange from an authorized Company in good standing with the Marina. Vessel owners are responsible to maintain their vessels to prevent accidental fuel spills or leakage or contamination of the surface waters. The Island Marina Boat Slip Owners Association Board will designate a Spill Response Officer and a Marina Operations Manager who will be responsible for several functions, including: Report all spills of petroleum products to the Spill Response Officer. Assist the Spill Response Officer in taking actions to contain the spill following notification of the responding agency and in other tasks as required during a spill, such as documentation, notifications, and implementing safety procedures Vanderbilt Drive Page 18 of 36 Naples, FL 34110

19 2 Emergency Response Action 2.1 Notification The Spill Response Officer must, as soon as a petroleum release has been verified, start the notification process as soon as practical (see Section 4 for a list of emergency notification numbers). The Spill Response Officer must notify the United States Coast Guard National Response Center within one hour of the release. For a spill exceeding 25 gallons on a pervious surface, the release must be reported to Florida State Warning Point. The discharge will be reported using Discharge Report Form (1), Florida Administrative Code. A copy of the Discharge Report Form is provided as Attachment A. 2.2 Verification The Marina does not dispense fuel. It is remotely possible that an accidental release may occur; the vessel owners, representatives, the fuel dispensing company and the Spill Response Officer and or Marina Operations Manager will make routine verification for spills and make an appropriate response. 2.3 On-Scene Assessments and Response to a Discharge Spill response procedures become effective immediately upon observance of a spill of any petroleum product that could possibly pollute water, the shoreline, or which could damage, foul or endanger any property or wildlife, or be a threat to human life or health. If a petroleum release occurs, certain information will be considered in order to evaluate potential environmental and fire precaution threats. Existing conditions will need to be assessed in order to implement the proper response. Implement appropriate action for precautions from fumes for fire safety and reasonable safe contamination control response. The area affected should have the power shut off (North or South Breaker shut off) and the area closed off and protected. Contact the Fire Department (call to 911), engage a professional licensed clean-up Company and address the differing procedures for gasoline verses diesel fuel spills. Gasoline spills have a huge potential for fire and explosion and if the spilled volume merits; require the area to be sealed off, power shut off, and do not attempt to contain or collect the spilled unless under the direction of a cleanup company. Diesel fuel spills though less flammable require fire protection safety and the use of containment booms and absorbent clean-up materials. Attachment A provides an example of a vehicular fuel spill release report form that will be filled out upon discovery of a release so that proper containment and recovery operations can be undertaken. Petroleum product spill containment and remediation will be initiated and directed by the designated Spill Response Officer any persons involved with containment and cleanup of petroleum products will have specialty training as required by law. This training must include at least the training described in Title 29 of the Code of Federal Regulations (C.F.R.) Part 1910, Section 120. All persons involved with petroleum product containment and cleanup will be equipped with the appropriate personal protective equipment as described in 29 C.F.R. 1910, SubPart I. Under the provisions of this Facility Discharge Correction Plan, an emergency response contractor will be called to initiate and complete the cleanup that exceeds the capability of Vanderbilt Drive Page 19 of 36 Naples, FL 34110

20 the onsite diesel fuel containment equipment using kit s of absorbent material to address small spills of about a gallon or less. The personnel will take the necessary measures to locate, abate, and contain the spill with notification to the Naples Fire Department if a potential fire threat is present also contacting Sea Tow or the United States Coast Guard National Response Center, Florida State Warning Point or a special emergency response contractor. The United States Coast Guard National Response Center and/or the emergency response contractor will provide equipment needed to contain and remediate a larger fuel release. 2.4 On-Site Spill Containment Materials The facility has two emergency spill containment absorbent pad containers available for emergency response located within storage containers on the north side of the marina office. These items may be used for immediate petroleum spill containment until the response team arrives by authorized individuals. Phases of a response to petroleum product spill will be as follows: A. Discovery and identification of the released contaminant, assessment of the potential hazards, and selection of appropriate personal protective equipment; B. Notification to the United States Coast Guard National Response Center, Florida State Warning Point, emergency response contractor, and other agencies as required (see Sections 3.1 and 4); C. Spill containment and countermeasures; D. Cleanup and disposal; and, E. Documentation. NOTE: OIL DISPERSANTS OR DETERGENTS/SURFACTANTS SHALL NOT BE APPLIED TO OIL ON THE WATER. 3 Contact Information 3.1 Key Personnel The following lists key personnel and associated contact information. Spill Response Officer: 3.2 Emergency Response Contractor Sea Tow (239) , Cell (609) Marina Operations Manager: Fred Ferraro Office and voice mail: (239) ; Mobile: (239) Emergency Notification Numbers Upon discovery of a discharge of pollutants at the site, the Spill Response Officer (or Assistant Spill Response Officer) will assume command of the situation. If medical assistance is required the Spill Response Officer (or Assistant Spill Response Officer) will also be responsible for notifying the following as required: United States Coast Guard National Response Center Florida State Warning Point EMT and Naples Fire Department Vanderbilt Drive Page 20 of 36 Naples, FL 34110

21 4 Spill Containment and Countermeasures 4.1 Discharge Mitigation, Recovery, and Disposal The Emergency Coordinator will direct all spill containment and countermeasure activities that are necessary to contain the spilled petroleum product and reduce its impact on the environment. Identification of defensive actions should be implemented simultaneously with notification of all concerned parties. The physical location of the spill will greatly affect the techniques used for containment and eventual cleanup. The following sections describe general containment techniques for spills occurring on land and over water. Certain circumstances could require simultaneous implementation of several techniques to contain a spill. On Land If a release occurs on impermeable land, sorbent pads and/or sorbent materials can be placed on the spilled petroleum product. If the spill occurs on a permeable surface, measures will be taken to immediately excavate and containerize the visually stained soil before it reaches the water table. Safety procedures must be followed for spills of any size. Once the spill is contained, mitigation and reporting processes should be implemented. Discharge reporting and response requirements are listed in rules and , Florida Administrative Code. Absorbent material will be used to soak up all non-gasoline spilled petroleum products on land. If the spill is manageable, properly trained Marina personnel will scoop up solid absorbent with a non-sparking, long-handled shovel or scoop. The absorbent material shall be containerized in Department of Transportation approved containers. The emergency response contractor will be responsible for the proper manifesting, transportation and disposal of the waste generated from a spill of petroleum product at this site On Water Because of their physical properties, petroleum products float on water. The first step is to cleaning up any non-gasoline spilled petroleum product material from the water surface which is safe for containment handling. This can be accomplished with booms made of sorbent material, which are designed to prevent surface migration. It is imperative that containment booms be deployed as quickly as possible. Onsite fuel containment kits of absorbent material are maintained and available to address small spills of a gallon or less until the identified services or service is on site. An emergency response contractor, which specializes in the containment and cleanup of petroleum spills, has been contracted to supply 24-hour emergency response services for the Marina. Company contact information is provided in Section Vanderbilt Drive Page 21 of 36 Naples, FL 34110