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HEX Agenda 11/20/2014 S i COLLIER COUNTY HEARING EXAMINER SPECIAL HEARING AGENDA NOVEMBER 20, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A SPECIAL HEARING AT 9:00 AM ON THURSDAY,NOVEMBER 20,2014 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. MATERIALS USED MUST BE PROVIDED IN EITHER HARD COPIES (WITH A MINIMUM OF 8 COPIES PROVIDED) OR THERE WILL BE ACCESS TO AN ELECTRONIC DISPLAY USING MICROSOFT OFFICE 2010 BASED PROGRAMS (WORD, POWERPOINT, ETC.) VIA A USB DRIVE OR OTHER COMPATIBLE EXTERNAL DEVICE. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY COUNTY STAFF WITH THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: A. Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.on Thursday November 20th,2014 in the Hearing Examiner's Meeting Room at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104. The purpose of the hearing is to prepare a recommendation to the Collier County Board of County Commissioners relating to the denial by the Collier County Planning Commission of Petition BDE-PL20130001765. The Petitioner, Standard Pacific of Florida GP, Inc., seeks a 32-foot boat dock extension over the maximum 20-foot limit allowed by Section 5.03.06 of the Land Development Code for a total protrusion of 52 feet to accommodate a 42 slip multi-family docking facility for the benefit of a 19.06 f acre project to be known as Haldeman's Landing in Sections 11 and 14, Township 50 South,Range 25 East, Collier County,Florida. [Fred Reischl,AICP,Principal Planner] 5. OTHER BUSINESS 6. ADJOURN AGENDA.ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: NOVEMBER 20,2014 SUBJECT: ADA-PL20140001454,HALDEMAN'S LANDING DOCK APPEAL PROPERTY OWNER/AGENT: Owner: Standard Pacific of Florida, G.P.,Inc. Agent: Timothy Hall 405 North Reo Street Turrell,Hall and Associates Tampa,FL 33609 3584 Exchange Avenue Naples, Fl 34104 REQUESTED ACTION: The petitioner appealed a decision of the Collier County Planning Commission(CCPC)denying a Boat Dock Extension request (BDE-PL20130001765). The appeal was scheduled to be heard by the Board of County Commissioners (BCC) on October 28, 2014. At that meeting,the BCC remanded the appeal to the Hearing Examiner(HEX)for a recommendation based on findings of fact.The BCC is scheduled to hear the appeal at its December 9,2014 meeting with recommendations from Staff and the HEX. GEOGRAPHIC LOCATION: The subject site is accessed via Lakeview Drive in Sections 11 and 14, Township 50 South, Range 25 East. There is also a proposed access via Haldeman Creek Drive in the Windstar subdivision. The folio numbers are 61835520008,00388360006, 00394880004, 00395320000& 61835840005. PURPOSE/DESCRIPTION OF PROJECT:, The applicant requested a 32-foot Boat Dock Extension beyond the maximum 20 feet required by the Land Development Code (LDC). The boat dock facility was proposed to contain 42 slips. The total overwater dock structure proposed was approximately 8,070 square feet and it protruded a total of 52 feet into the waterway (Haldeman Creek). The total length of the dock was approximately 473 linear feet with a width of 6 feet. The applicant has since reduced the maximum protrusion to 45 feet from the Mean High Water Line. ADA-PL20140001454, Page 1 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX b . i g .... „ s_ at5 talic9,17 c-acTMUO-Mxo 1 - pli It"-?4,711-022 _ orr l.� R - ,� k �� _F E i' SITE REF . 13115'11111 " ww rr °^ a a,.v RMF 613) 1 ism Zg t.00AT ION V ACAT ON '4 �‘f� � n '��'a nr+a:r■ �. ,...kaig.,wa-_ -____iienn • Iii twa�.eeeeee;ate Aii 2 ma Mak.' thillre'=Mbk:a "II 1 . , witp,tmomikvintip. 3.7 t eiIT. ilui -1._ r, .1411,_. .a.r....._i_. ME= 'r &a D`� p ii°� i ii�fifiLI � is 1.,e -. -' 4 mir i ■■ _ _ fillEN , • / 4 , Aill - MI!!!!!!!1F- 1 . . �s •o C.... rZ'C�1CoQ000C04a ��"`'"�` + El ,* • �,�,��p l !1 !!1 '!Iji !!!I!1i��L��sse��1 LOCATION MAP ZONING MAP PETITION #BD-PL-2013-17&5 SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: Vacant multi-family parcels, with a zoning designation of RMF-6 & RMF-6(3) SURROUNDING: North: Vacant land&single-family homes,zoned RMF-6-BMUD-R1 East: Single family homes,zoned RSF-4-BMUD-R4&RMF-6-BMUD-R2 South: Single-family homes, zoned RMF-6-BMUD-R1 & golf course, zoned PUD (Windstar PUD) West: Golf course, zoned PUD(Windstar PUD) , r 4‘il r .a .2 � + �i !� _ 111 -1 #"�$ v'I! a �" "''1''VVVViiii f 't 8 ! sA � '-"' ' gym"-+ - -3 4 i fit it ilY I'.1. _lyry i,- "`Y ;V- 0 :.�. z a e ., 1 i I 3 p 0: . A , ..% - „,„.,d::JI' , ' s''''. . (414:11,_ ' 11. 't ir r I - . ap, : . sr Aerial—detail of parcel in the area of the proposed docks(Collier County Property Appraiser) ADA-PL20140001454, Page 3 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX i .,_ , . .,,,.. �r,. . ,,, ,, , : .. . . . > , .... . . e . l' ''' ` ° k1 '" Goog{e Aerial-detail of parcel in the area of the proposed docks(Google) D R . .,, ";1�,U " r 'Ki f( a, 1 E' -' -rt. * _: ..s,. 0 t6 ` y. Aerial-detail of parcel in the area of the proposed docks(Bing) ADA-PL20140001454, Page 4 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request,with the provision that a Special Treatment(ST) Permit is required prior to approval of an SDP which includes the boat docks. A portion of Haldeman Creek (including the subject portion)has an ST Zoning Overlay. The site qualifies as a moderate ranking under the Manatee Protection Plan, which translates to 10 slips per 100 feet of shoreline, or 93 slips. This request is for 42 slips and is therefore consistent with the Manatee Protection Plan. STAFF COMMENTS: HISTORY The subject Boat Dock Extension petition was submitted to Collier County on December 3, 2013.After Staff review,the petition was scheduled for a public hearing before the Hearing Examiner on April 24,2014. After advertising the petition through a 32 square-foot sign on the property, quarter-page newspaper ad and mail-notice to property owners within 500 feet of the property, Staff and the HEX began receiving phone calls and emails with concerns about the proposed dock. Section 2-87(6) of the Code of Laws states "the Hearing Examiner shall disqualify himself from a particular case when he reasonably perceives that he has a real or perceived conflict of interest, or that the case is one of great public interest or concern."The HEX reasonably perceived that this case was one of great public interest or concern and recused himself. As Section 2-87(6) states, the case would then be heard by the Collier County Planning Commission(CCPC). The petition was then scheduled for the June 19, 2014 CCPC meeting. The meeting was again noticed with a 32 square-foot sign on the property, quarter-page newspaper ad and mail-notice to property owners within 500 feet of the property. In addition, the Haldeman Creek Municipal Services Taxing Unit(MSTU)requested from the BCC,and was granted, permission to expend funds to send a mail-notice to property owners within the MSTU. There was no culling of the list of property owners, so some may have received duplicate mailings. At the CCPC meeting, Chairman Strain was not at the hearing. Commissioner Roman had an excused absence. The remaining five commissioners attended and constituted a quorum. Commissioner Rosen stated that he and his firm represent an entity that is in contract with the petitioner, he filled out form 8B and recused himself. As a result, four Commissioners were present and voted on this item. A written transcript of this hearing is attached to this Staff Report, and the video is available at colliergov.net. After testimony by the applicant, Staff, and the public, and discussion among the Commissioners, there was a motion made for approval by Commissioner Chrzanowski, seconded by Commissioner Homiak. The vote was called with Commissioners Ebert and Doyle dissenting, resulting in a 2 —2 vote. The tie vote meant that the motion failed and the petition was denied. ADA-PL20140001454, Page 5 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX The petitioner filed for an appeal to the BCC of the CCPC's denial within the required 30- day appeal period. The petitioner requested a hearing date of October 14, 2014. Members of the public contacted Staff and requested that the hearing be held on October 28, 2014. The petitioner agreed to the change in date. At the October 28, 2014 BCC meeting, during Item 2, Agenda and Minutes, a motion was made and approved by a 3 —2 vote,to remand the appeal to the HEX for a recommendation and findings of fact. Staff was directed to advertise the BCC hearing of the appeal for the December 9, 2014 meeting. ANALYSIS For a waterway that is 100 feet or greater in width,the LDC limits the protrusion to 20 feet. The protrusion includes the entire dock facility, including pilings, and the entire moored vessel,including outboard motors,swim platforms and other accessories. Measurement of the dock/vessel protrusion is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line (MHWL). In this case, the most restrictive point is the MHWL. Additional protrusion of a dock facility into any waterway beyond the limits established in the LDC may be considered appropriate under certain circumstances. These criteria are established in Section 5.03.06.H of the LDC. A dock may extend into a 100-plus-foot waterway 20 feet. In the illustration below(which does not show the maximum protrusion—it is shown as an example of how a protrusion is determined), measured from the MHWL, an additional 15 feet of dock is proposed for a total protrusion of 35 feet(20 feet by right+ 15-foot extension request= 35 feet): 18.5"CONSERVATION EASEMENT HAWDEMAN'S CREEK PROPOSED DOCKS 7 r 8 S5'PROTRUSION 20' , 1+ 1 I a MHW(+I. NGVD) NEW TOP (0.5'NGVD} TOP OF BANK •e! ...:_._ 9R _ PROPOSED DREDGE TO-4'MtW ADA-PL20140001454, Page 6 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX Simultaneous with the review of the Boat Dock Extension request was the review of a Site Development Plan (SDP) for 64 multi-family dwelling units on the upland portion of the property. That SDP was approved on September 30, 2014. If the appeal to the BCC overturns the CCPC's denial,the SDP will be amended to show the docks. A Special Treatment (ST) permit is also required, because there is an ST Overlay over much of Haldeman Creek. The ST permit is a separate item to be heard at the same BCC meeting as this item. Questions have been raised about ownership of the proposed docks. The subject property is zoned Residential Multi-Family [RMF-6 and RMF-6(3)]. Residential zoning does not permit commercial uses. Rental or sale of a dock to a person who is not an owner/renter of a residential unit at Haldeman's Landing is a commercial use and is prohibited. Staff reviewed this Boat Dock Extension request for approval by the HEX, the CCPC and as an appeal to the BCC. In all reviews, Staff found that the application met the required criteria in the LDC. The applicant has modified the original request. The 52-foot requested maximum protrusion has been reduced to a 45-foot maximum protrusion (20 feet by right + 25-foot extension request=45-foot maximum protrusion). Before approval of a Boat Dock Extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,have been met. Staff has reviewed this petition in accordance with Section 5.03.06(F) and finds the following: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit;in the case of unbridged barrier island docks,additional slips may be appropriate.) Criterion met. The proposed dock facility consists of 42 boat slips, which is appropriate in relation to the over 938 linear feet of water frontage of the subject multi-family lot. In addition, the 42 slips are appropriate because the upland property is approved for 64 residential units. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's ADA-PL20140001454, Page 7 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s)described without an extension.) Criterion met. According to the petitioner's application the water depth for the proposed dock facility is inadequate to gain safe access to water depths sufficient for the proposed vessels. In addition, the applicant has proposed maintenance dredging to minimize the proposed protrusion. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the existing waterway (varying from approximately 134 feet to 180 feet MHWL to MHWL).There is no marked or charted navigable channel.Please refer to the cross- sections in the application to confirm that the creek bottom is essentially flat. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. Information provided in the application indicates that the proposed dock will protrude a maximum of 45 feet into the waterway, as measured from MHW line. Cross section A-A indicates that a minimum of 50 percent of the waterway will remain navigable even at the location opposite the approved, but unbuilt, Sanctuary docks on the north shore of Haldeman Creek. Therefore, this dock facility will maintain a minimum of 50 percent of the waterway as open. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant owns most of the shoreline on the north side of Haldeman Creek and has placed it under a Conservation Easement which prohibits dock construction. The approved, but unbuilt, Sanctuary docks would be the closest docks to the subject docks and the waterway would be 83 feet wide at this location. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special ADA-PL20140001454, Page 8 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds.) Criterion met. The subject shoreline supports a mangrove fringe. The MHW line— the baseline for this extension request — extends into the mangroves, requiring an extension and dredging to reach adequate water depth. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. As shown on the drawing submitted by the petitioner,the dock area is not excessive, maintaining a 6-foot walkway. The finger piers are proposed as 4 feet wide. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Not applicable.This is a multi-family project. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. According to the applicant, the dock facility is designed to have a minimal impact on the neighboring property owners. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(1) of the LDC must be demonstrated.) Criterion met. According to the Submerged Resource Survey submitted by the petitioner,no seagrass beds are known to be located within 200 feet of the proposed dock facility. Therefore,there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) ADA-PL20140001454, Page 9 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX Criterion met. The property qualifies as a moderate ranking under the Manatee Protection Plan and the ranking may change to preferred, once maintenance dredging is complete. Staff analysis indicates that this request meets five of the five primary criteria; the LDC requires that four of the five criteria are met. Regarding the six secondary criteria,criterion 3 is not applicable, and the request meets five of the remaining five secondary criteria; the LDC requires that four of six criteria be met. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for ADA-PL20140001454 on November 4,2014. - SAS STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the HEX recommends approval of Petition ADA-PL20140001454 to the BCC, reversing the CCPC's denial of petition BDE- PL20130001765,Haldeman's Landing Docks, subject to the following conditions: 1. Construction of the docks shall not commence until approval of a Site Development Plan Amendment (SDPA) for the upland housing development and the subject docks, and the issuance of a building permit for the upland housing development, as well as the docks. 2. An ST Permit is required prior to approval of an SDPA for the boat docks. 3. A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. 4. Boat slips shall be owned and used by residents of the Haldeman's Landing multi- family development or its property owners association and shall not be sold, leased or rented to any other parties. ADA-PL20140001454, Page 10 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX PREPARED BY: F R ISCHL,AICP,PRINCIPAL PLANNER DATE PL' ING&ZONING DEPARTMENT REVIEWED BY: C 614-~-- /0'3b•19, RAYM•40 V.BELLOWS,ZONING MANAGER DATE PLANNING&ZONING DEPARTMENT APPROVED BY: MIKE BOSI,AICP,DIRECTOR DATE PLANNING&ZONING DEPARTMENT ADA-PL20140001454, Page 11 of 11 Haldeman's Landing Dock Appeal. November 20,2014 HEX ,�� `_ ;>_, TURRELL, HALL & ASSOCIATES, INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B • Naples,Florida 34104-3732 • (239)643-0166 • Fax (239)643-6632 June 4, 2014 Fred Reischl,AICP Principal Planner Collier County Government Department of Zoning& Land Development Review 2800 North Horseshoe Drive Naples,FL 34104 RE: BD-PL20130001765 FKA: Fisherman's Village now Haldeman's Landing BDE Fred, Per the request of county staff please see attached copy of our response to all questions and concerns in regards to the above subject BDE application's first review process. First off please notice the name change for the proposed -oject from Fisherman's Village to Haldeman's Landing. I have attached the updated BDE application with all ...:quested changes, with the updated exhibits, and a Unanimous Written Consent of the Board of Directors of Standard Pacific of Florida. Upon your review of these revisions please let me know if there is anything else that you may need for your review. If you have any more questions or concerns please feel free to contact me at the above letterhead phone number or email I n t/ un-ell-Assuciates.cont or Jitt(u I utt ell Associates.com Regards, '?e.7441"— of Rogers Project Manager Turrell,Hall &Associates, Inc. ALDEMAN'S LANDINGS PL20130001765 JUNE 3, 2014 V Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 er Bounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS The following information is intended to guide you through the process of a Dock Facility Extension or Boathouse Establishment Petition, from completing the application packet to the final determination by the Collier County Planning Commission. Prior to submittal of the attached Dock Facility Extension or Boathouse Establishment Petition application, you must attend a pre-application meeting to determine if, pursuant to Land Development Code Section 5.03.06, the option of a dock facility extension or boathouse establishment is available to you and to discuss the location, length/protrusion and configuration of the proposed boat dock facility.The pre-application fee is$500.00(to be credited toward application fee upon submittal.) In order to process your request,all accompanying materials must be completed and submitted with the application (SEE ATTACHED CHECKLIST). The application fee for a Dock Facility Extension or Boathouse Establishment is currently $1500.00 plus $925.00 for required legal advertising. An additional amount for property owner notifications will be billed to the applicant prior to the hearing date. Within ten (10) days of the submission of your application, you will receive notification that your petition is being processed. Accompanying that response will be a receipt for your check and the number assigned to your petition. This petition number should be noted on all future correspondence regarding your petition. The Department of Zoning and Land Development Review will provide for legal notification of surrounding property owners within 500 feet of the subject property and newspaper advertising (required fifteen (15) days prior to the Planning Commission Hearing date). You will be notified by mail of your hearing date and will receive a copy of the Staff Report. It is recommended, but not required,that you or your agent attend the Planning Commission meeting. If you have any further questions or need assistance completing this application,contact the Growth Management Division/Planning and Regulation at 252-2400. County COL.IJEk COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLAINING AND REGULATION (239)252-2400 FAX (239)252-635t1 wwrw.coiliergoy.net DOCK FACILITY EXTENSION / BOATHOUSE PET ITION THIS PETITION IS FOR (check one): ® DOCK EXTENSION [) BOATHOUSE PROJECT NUMBER PROD CT NAME DATE PROCESSED To be completed by staff APPLICANT INFORMATION NAME OF APPLICANT(S) STANDARD PACIFIC OF FLORIDA ADDRESS 405 NORTH REO STREET CITY Tampa STATE Florida ZIP 33609 TELEPHONE# CELL# FAX# E-MAIL MDEBOCK @STANPAC.COM NAME OF AGENT Timothy Hall FIRM Turrell, Hail&Associates ADDRESS 3584 Exchange Ave CITY Naples STATE FL zip 34104 TELEPHONE# 239-643-0166 CELL,# 239-253-9137 FAX# 239-643-6632 E-MAIL THALL @TURRELL-ASSOCIAT ES.COM� BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net PROPERTY LOCATION Address of Subject Property Lakeview Drive Section/Township/Range 118,14/50 S /25 E Property I.D.#: 61835520008, 00388360006 00394880004,00395320000, & 61835840005 Subdivision Haldeman's LandingVillage Unit Lot(s) Block(s) Current Zoning and Land use of Subject Property RMF-6(3)& RMF-6 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6-BMUD-R1 & RSF-4-BMUD-R4 Haldeman Creek/Single Family Residential S PUD,RSF-4-BMUD-R4,RMF-6-BMUD-R1 Golf Course& Single-Family Residential E RMF-6-BMUD-R1,RSF-4-13MUD-R4,RMF-6-BMUD-R2 Canal borders Entire East Side w/Single Family Residential W PUD&MH Windstar Subdivision DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility,any other pertinent information): The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths measured at no less than 5-foot increments 2)A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank Co Count, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net 3)A site plan to scale showing dimensions and location of existing and proposed dock structures, as well as a cross section showing the facility in relation to MHW/MLW and shoreline (bank, seawall or rip-rap revetment). SITE INFORMATION j Width of waterway: attached ft., Measurement from plat 0 survey ❑visual estimate M other(specify) Aerial Total property water frontage: '"`"""ft. Setbacks: provided 36 ft. required 15 fl. Total protrusion of proposed facility into water: 52' ft. Number and length of vessels to use facility: 1. 20x25 ft 2 22x30 ft 3 ft List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: See attached Sheet For all petitions, in the case of signs located on properties 1 acres or more in size, the applicant shall be responsible for erecting the required sign(s). what is the size of the property? 20.51 Acres Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes©No If so, please provide copies. The following criteria, (pursuant to Section 5.03.06 of the Land Development Code) shall be used as a guide by staff in determining its recommendation to the Collier County Planning Commission (CCPC), and by the CCPC in its decision to approve or deny a particular Dock Extension request. In order for the CCPC to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. �.nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 3414E PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) See attached sheet 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) See attached sheet 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) See attached sheet 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability.((The facility should maintain the required percentages)). See attached sheet 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) See attached sheet county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252.2400 FAX (239)252-6358 %WICcolliergov.net SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds)) See attached sheet 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) See attached sheet 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained)) See attached sheet 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not have a major impact on the view of either property owner.)) See attached sheet 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If seagrass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated)) See attached sheet 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.11 of this code. ((If applicable, compliance with Section 5.03.06.E.ii must be demonstrated)) See attached sheet Go r County COLLIER COUNTY'GOVERN1IENI 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME I DO SO AT MY OWN RISK. Signature of Petitioner or Agent er county. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (238)252-6358 www.colliergov.net BOAT DOCK FACILITY EXTENSION (BD)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF SUBMITTED NOT COPIES REQUIRED Completed Application 6 ■ ■ Owner/Agent Affidavits, signed& notarized MAMAAddressing Checklist ■ Conceptual Site Plan illustrating the following: 1 ■ a. The lot and dimensions where proposed docking facility is to be located. b. All yard setbacks c. Required setbacks for the dock facility d. The total number and configuration of the proposed facilities,etc. (include all dimensions to scale). e. The water depth where the proposed dock facility is to be located and the distance to the navigate channel. (Water depth at mean low tide should be shown at approximately every five(5)feet of length for the total length of the proposed facility. f. Illustrate the land contour of the property on which the dock facility is proposed. g. The dock facility should be illustrated from an aerial view,as well as side view. Electronic copy of documents and plans on CDROM MIA 11 Application and Review fees: $1500 Review Fee;$925 Legal Advertising Fee(estimated). Check •a able to Board of Count Commissioners ADDITIONAL REQUIREMENTS: At the completion of the review process, the applicant shall submit 16 additional copies of the application and 16 additional copies of the Conceptual Site Plan for the CCPC agenda packets. xGamy COLOR COUNTY GOVERNMENT 2000 NORTH HORSESHOE DRIVE GROWTH ifiANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PL f aita AND REGULATION (230)2522400 FAX (239)25241308 www.co{tierg r,net As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. AFFIDAVIT Weil, i1�4L L �� being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing;that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the Information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. As property owner Well further authorize f r i/,1W f so,...Ato act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner MI gift E Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrument was acknowledged before me this L}N-. day of h!o u 6�y, 201x, by I`r►r C44?Et 1- '-t--- who is personally known to me or has produced as Identification. State of Florida (Signature of Notary Public-State of Florida) County of Collier P'lc0-4 lt= (Print, Type,or Stamp Commissioned Name of Notary Public) MFSHA BENNIE N y MY COMMISSION if EE841653 '$-i`e ' EXPIRES October 08,2016 1407)398-OlS3 Fbritle NotnryServitecom Description of Project Haldeman's Landing is proposing to construct a new docking facility that will protrude approximately 52 feet from the MHW line, including approximately 8,070 square feet of over water structure and consists of 42 slips, for the residents of the proposed subdivision. In the area of the proposed docks, the applicant owns the shoreline on both sides of the creek and the bottomlands of Haldeman Creek. The layout will consist of a 473-ft-long by 6-foot-wide shore-parallel dock that includes twelve 30-ft-long marginal slips and 22-ft-long, 27-ft-long, and 30-ft-long by 4-ft-wide finger piers allowing perpendicular mooring for 30 of the 42 proposed mooring slips. The docks are located within a man-altered channel which connects Haldeman Creek to Naples Bay and further out to Gordon's Pass. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each. Directly across the creek at the proposed development, Sanctuary at Demere Landing, a BDE was granted for docks protruding 49-feet from the MHWL. At Royal Yacht Services a commercial marina east of Haldeman's Landing; existing docks protrude approximately 46-feet from the MHWL. Primary Criteria 1) The proposed multi-family dock facilitates the mooring of 42 vessels. The property has 938 linear feet of shoreline along the southern portion of Haldeman Creek,which is the location of the proposed docking facility. The remainder of the shoreline will not have docks built on it. The project site qualifies as a moderate ranking under the MPP. This equates to 10 slips per 100 feet of shoreline or a total of 93 slips. The 42 slips proposed is well under what is allowed by the MPP and is also well under the one slip per unit guidelines. Collier County staff has determined that the proposed docking facility is consistent with the Collier County Manatee Protection Plan. The number of slips proposed is appropriate for the proposed facility in relation to length of shoreline, location,and the number of dwelling units proposed on the upland. The lengths of the vessels are also congruent with neighboring properties and appropriate for the size of the waterway. 2) The attached survey indicates water depths are not adequate to moor the vessels in the proposed slips. Dredging will be performed in order to moor the vessels closer to the shoreline and keep the protrusion into the navigable waterway to a minimum. This waterway has been dredged in the past so this will be a maintenance dredge and not new dredging. An extension is still required due to the width of the waterway in relation to the meandering MHWL. 3) The proposed docking facility will not impede navigation of the waterway, It does not protrude into the designated channel, as shown on the attached exhibits. The width of the waterway along the proposed docks will vary from approximately 97 feet to over 120 feet in width after the construction of the proposed docks. Therefore 50% of the width of the waterway will remain open and no adverse impacts to navigation are anticipated. 4) There are portions of the proposed docking facility that exceed the 25% width of the waterway when measured from the MHWL to MHWL, but this does not represent the width of the navigable waterway. The MHWL extends upland into the mangroves, far beyond the navigable boundaries of the waterway. When measured from the navigable width of the waterway, there is more than 50% of the width maintained for navigation. The applicant owns the creek bottom lands and the land on the opposite side of Haldeman Creek across from the proposed docking facility. That shoreline has been placed into a Conservation Easement which does not allow docks to be built on it. 5) The proposed docking facility will not interfere with the use of any neighboring docks. There is only one set of proposed docks near the applicant's proposed facility, and in this area, 50% of the waterway width is maintained. The shoreline of Haldeman Creek directly across from the proposed facility is owned by the applicant and was placed into a Conservation Easement, meaning no docks can ever be built on this portion of the creek. This makes the navigable width as large or larger than any other devioped area of Haldeman Creek. Secondary Criteria 1) The proposed docking facility would be constructed on a shoreline with mangrove vegetation and very shallow water. The MHWL is located a substantial distance from the navigable channel,creating a greater distance for the BDE. Also the applicant owns the submerged bottomlands of the creek and the opposite shoreline in the area of the proposed project. 2) The proposed dock would be constructed with a six foot wide main, access parallel dock and four foot wide finger piers. These are minimum dimensions for safe mooring and pedestrian travel on dock designed for vessels in the 25 to 30 ft range. This allows for proper safe access for loading, unloading, and routine maintenance, while minimizing overwater decking area. 3) This criterion is not applicable as this is a multi-family project. 4) The proposed docking facility will not interfere with any neiahborina property owners'views of the waterway. The applicant owns the opposite shoreline, most of which has been placed into a Conservation Easement which does not allow docks to be constructed on. There are only a couple of residences across the creek to the east that would have a view of the proposed docking facility. 5) To our knowledge, there are no known seagrass beds within 200-feet of the proposed docking facility. A copy of the SRS is attached for review. 6) According to the Collier County Manatee Protection Plan, the applicant believes that the proposed project qualifies as a moderate ranking but would qualify as a preferred ranking once the maintenance dredging is complete. Proposed water depths are 4- feet Mean Low Water(MLW). No impacts to any native marine habitat is being proposed. Additionally, the manatee mortality rate is less than 20%within a 5-mile radius of the proposed project site. With this ranking and the overall owned shoreline the proposed dock design meets the necessary criteria for approval. ENVIRONMENTAL EXHIBITS I n k. STATE 3 S ! AT El- _ Zr- 2 1 BecaAv • z. g E OF FLORIDA \ef0f . N..gonAL , - N�d'-w N r f1 eg -— 8aYY14w' W ane "� — , y ---�" Shoreview SURJECT �: ■ ( o` Dr Sat S PROPERTY S°� o i 3' Gulhaew Ct . ° br Cc w °1 Riverview g " Dr Arl �m m f SUBJECT( EC'' ,•J. \a2 - K'ClI. 1' PROPERTY ` t`a Barrett Av ec Dr T MPA P C'"�°- f 0 id�� Stoner Av z IIIIIMIII w Van Buren As @ NAPLES 5-' rr�t __ti . '... i U1:.- Qtr G.. -UtRia Or °3 1 l t MOOREHEAD ° ' - �FT.MYER Starpofnt Moorehead Mnr ., '\ C' y � MANOR o - lls MIA I `.,. !_ Ke o 1 'n Blvd lef GULF OF MEXICO � P` •EVERCUDE KEY WEST _9ir•-�Y G ,. CITY ..,C4 b° x". e •"`3a"a c....OLLWER CCCN' ' } �3r 74p � ,+iSUBJECT ? .,,.> 1j ,4M7'..-',:r.,-.4%.7., s "t PROPERTY- .,...'..1 ,„.- • ,ei 0 6 F 3 T ,may, '2?'.. SITE ADDRESS: . } t <>2480 LAKEVIEW DR NOTES: ”` ., nR. < THESE DRAWINGS ARE FOR PERMITTING "�1 NAPLES,FL 341-12 PURPOSES ONLY AND ARE NOT INTENDED � "-3' FOR CONSTRUCTION USE. ...7t.".14''',/,'81k, �' .: 1+r� ,''''s-FZ yTS ter j°`x -,r,.' <>LATITUDE: N26"OT 15.. i -,.F„tp t"., ), ,1, '1.4'4,,, ",.E : <>LONGITUDE: W81°46'40" i .fig $ r^.Tyf«..•r `- ''"' _ -'" p 1 f.0_ _____ AERIAL { .4 Tuna Hall&Associates Inc DEe.S..E¢ ITT 'me1 °O p"`�� .H A L D E MA N'S CREEK" " I=diO ■t r Marne&Environmental Cons,ulting �EArE> ,. ° a 3584 Exchange Ave.Salle B N ,EL6 3z LOC'—ION MAP x.•�- �a a4e- ma,r ®0 Isa Email i�es'c°m Plan;e 34166 Fax(239)6434632 esrm SECTION-14,23 TOWNSHIP- 505 RANGE-25E :, �� ST OVERL, d a g. 1 1 I SFWMD AREA I DEP AREA 1 g t A i 1 I ' e i 6 1 , 612 ♦ t (x � 743 r� � R 740 612 740 .i g I • / • 612E2: ') 540 1 �kkpl 612 �. 540 (. i stz j. z_. F1UCC5 DEP SFWMD DESCRIPTION - CODE (AC) (AC) ; WETLANDS: 21.29 ACRES DEP AREA I (i M 540 BAYS AND ESTUARIES 3.24 0.82 *3.69 ACRES SFWD AREA i TOTAL:*4.96 ACRES 612 MANGROVE SWAMPS 0.68 3.69 7 -I 612E2 MANGROVE SWAMPS 0.61 1, 'i 1 ' Z 1. 740 DISTURBED LAND 11.10 �� Y / NOTES: I) <>THESE DRAWINGS ARE FOR PERMITTING PURPOSES 1. 743 SPOIL AREAS 0.37 J --- 1 I! ;� —��-' -- ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE +I. SUBTOTAL 4.90 15.61 0 150 300 boo) o SURVEY COURTESY OF"N7LSON MILLER' 1I i �� SURVEY DATED:09-16-08 'p I,, TOTAL 20.51 �� 'o SITE PLAN COURTESY OF"DAVIDSON ENGINEERING" ` ! -_ PLAN DATED-07-16.09 II ' cwr-a ,r i .. n, n.., .e . ~' Tamil,Hall&Associates,Inc. H AL 0 E MAN•S CREEK a�m 5,. Marine&Environmental Consulting No 3584 Exchange Ave.Suite B.Napka.FL34104-3732 FLUCCS MAP s ruo. ma„ a Eiroil:NaB�N1IC�1.3559C0ICSWIII Phone:(Z39)(�3-01(16 Fax:12391643-6632 .... S E C T I O N- 23 TOWNSHIP-505 RANGE-25E 1 r-- ST OVERLAY ti t SFWMD AREA A DEP AREA I. R i I t s$ Y Q I I 2 P r Il rj , \ �— ST OVERLAY AREA I. I wXBsz — 1 171 ' ,i NOTES:o TMESE DRAWINGS ARE FOR PERMITTING PURPOSES 5 �1 ° +5° 3°° ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE r .= SURVEY COURTESY OF^WILSON MILLER, SCA<9NT£f? 'I o !TH�� OF°DAVIDSON ENGINEERING.' II 1 PLAN DATED:07-16-09 '"_ TurrelI,Hall&Associates,Inc. ' HALL7EMAN' ...N __0�,. � _. _ Marine&FnYiTDnmentai Consulting S C 1�E E K i' r Nneal�ia�. 3564ExchengeAva51i1eB.Naples,FL 34104-3732 BOUNDARY'. -TH ST OVERLAY e _____ �e�smo- Enei! n tom PhangeA9)Suite B. FutL341043732 1 F» 00�'�- TOaeo 4.1721512:41 �'-2ue= 8ECT10N-1S,23 TOWNSHIP-SOS ,2ANGE-25E �-- - ST OVER L.,71 t I I 1 I WETLANDS IN ST OVERLAY I, SFWMD AREA 1 DEP AREA ±0.02 ACRES DEP AREA J I J ±0.45 ACRES SFWMD AREA I' 1 WETLANDS: ±1.29 ACRES DEP AREA I 1 o 4i I t5.69 ACRES SFWMD AREA — - -— 'TOTAL'34.98 ACRES ; +_. s 1 1 1 612% / { 743 g 740 612 740 i 1 ' I 612E2 540 1 1 612 I 1 1 1 540 1 6121 T.. _. FLUCCS DEP SFWMD CODE DESCRIPTION (AC) (AC) 540 BAYS AND ESTUARIES 3.24 0.82 £, ., 612 MANGROVE SWAMPS 0,68 3,69 " 1°-:,. MANGROVE SWAMPS � %ll16z'/{� 612E2 (EXOTICS 25-50%) 0.61 L ! ! 'Y' NOTPS: 71 10 1r9 THESE DRAIMNGS ARE FOR PERMITTING PURPOSES 740 DISTURBED LAND __ __.1 ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE . 743 SPOIL AREAS 0.37 o o .9 99 boots o SURVEY COURTESY OF°WILSON MELLE4Y I SURVEY DATED:09-16-08 ! + SUBTOTAL 4.90 15.61 �n�e �� o SITE PLAN COURTESY Of"DAMSON ENGINEERING TOTAL 20.51 SCALE 9N r'E27 , PLAN DATED:07-16-09 DESIGNED —! Turrell Hall&Associates,Inc. H AL ID E M A N S CREEK ° BY i Marine&Environmental Consulting d,. xi.. somas ., _ - - 3584 Exchange Ave.Suite B.Naples,FL 34104-3732 WETLANDS WITH ST OVERLAY 5� NO N OF 0 • Emil l-WOCWS3ON Phone:(239)643-0166 Fax:(239)643-6632 p,cwwe.xgppwn.srvnwwa,r.m+*vv'.•ecim.aw'a'%cn^.vet ,SECTION-14.23 TOWNSHIP-505 RANGE-25E J s a E SFV�ND AREA r DEP AREA 3 F q J WETLAND IMPACTS IN ST A _ 1 OVERLAY:1584 SF � ■ m iir____ACCES S MANGROVE I ~,,TS IN ST OVERLAY:743 S.F i 4i o 1. ��`�\\\\ t�\ :-.>.\\\\\\\��%�\\\\_ a 612 740 '` ` `.. I 743/ �\ \ 740 . 612 '\ t r. 1 812E2 540 I 612 540 i ' WETLAND IMPACTS:27,042 SF i 1 { 1 i DOCK ACCESS MANGROVE 1 i IMPACTS 880 S.F �..: ....� ; I' 612 --= �. TOTAL IMPACTS:27 922 SF Cg } pi TOTAL MANGROVES AREA=216,929S.F-x 5%(MA)f)=10,846 S.F. I1 ce:+F$- / --------.— 8 F to NOTES: _ _--` -- _ THESE DRAWINGS ARE FOR PE 0 '50 300 6o ONLY AND ARE NOT INTENDED F RNtITTiNG PURPOSES I ,°SURVEY COURTESY OF" OR CONSTRUCTION USE. h • WILSON MILLER" I ■I MALT 9N7Ttty ® SURVEY DATED 09-15.08 <a SITE PLAN COURTESY OF'DAVIDSON E'NOINEERWG' Turtell,Hall&Associates,Inc. °H�° _ oz _ HALED Marine&Enviromnental consulting S CREEK 0--a s;�,< ®a°n°>e°j__ 3584F,xehageAve.SwIeO.N�>�,FL.�loa-3rz MANGROVE IMPP^T$WITH ST OVERLAY .0.: moo'„ °�o�1111. �,, 608iI:6"tl ` lb= Phone:(239)643-0166 Fac(239)643-6632 _ a° SECTION_,A1. TOWNSHIP-9p5 .ANGE-2$E • g ...----- ST OVERLJAY f 1 NATIVE VEGETATION I 1 SFWMD AREA 1 DEP AREA 4.98 ACRES OF NATIVE VEGETATION.GMP 1 REQUIRES 15%PRESERVATION OF NATIVE I I VEGETATION.FOR THIS SITE,A MINIMUM OF 0.75 ' y ACRES OF NATIVE VEGETATION MUST BE PRESERVED.SITE PLAN SHOWS 4.35 ACRES OF 1 NATIVE PRESERVE. 'i 1 3' 1 i I .1 2 'i.FY,.. ,75:104::::;;;;;;;;;::;:::. ,.,:,........,.....,.....''.. ..:•::.::::::"..-, . --,111- '''';'EAFIPZ01.401:::iiii,,.. 100' . I- , j---'al FLUCCS -, PRESERVE TRANSECT LINES —�� DESCRIPTION DEP SFIM ID +_L_-___ _ CODE (AC) (AC) 612 MANGROVE SWAMPS 0.68 3.06 i. ' �I NATIVE HABITAT PRESERVE:4.35 ACRES 612E2 MANGROVE SWAMPS 0.61 /�A SUBTOTAL 1.29 3.06^ \ .4 Z ._—. .-_. .. _______ i, TOTAL 4.35 • .-r ;NOTES: to <>THESE DRAVANGS ARE FOR PERMITTING PURPOSES ---- -- _-' ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. 0 150 300 boo <>SURVEY COURTESY OF"WILSON MILLER" ∎_� IIMIIIMINIIIMINIIIIIIIII L; SURVEY DATED:09-16-08 SCALE 7N7:E1-7 o SITE PLAN COURTESY OF"DAVIDSON ENGINEERING' PLAN DATED 07-16-09 i.' —`_ Terrell,Hall Associates,Inc. - 'r _ HAL�EMAN S CREEK , �. ��-. E,OeO. Marine&Environmental Consulting ,.e„,. ■ �e. 35a4 Exchange Ave.Suite B.Naples,FL34104-3732 PRESERVE&NATIVE HABITAT F8681 S EOTe)I-8550C6teStOID Phoox(239)643-0166 Fax:(239)643-6632 , e. .nerroaeeur•wnmeawr..m.a.mrwrsm•u rsinc•mw SECTION-14.23 TOWNSHIP-503 RANGE-25E % M4i Poi '3s� - _ •,,..^r r`.;A s —'- ' S 4 d = sir 0 200 400 _ 800 „kg,-� r, r �` r � � kc, ak okY! ✓ T ,'::::,7:-.:'=1,v L f �,?`e"�'%"Y �.�;`r4-ir S k � '�• A �`xB 4®t 1MttatItu.$t tt .... s � ° - $ _ --..,.,--4::';', r* 4 ^R+'_ C'� Jam', . $,� ! +' -7' ' s: T ,F3; .�,' Y`2, I ( `7J«. a'.; J��' 'vi-"tb .'xa",'k'^ 7• ,-,gin ,_t.y`,7,..,.,1,3:' _ , s r-* .� °-y ar° .ir ° n ,. s{ �,. t ..ry }}� ,�yy ,0.^f'� s' 1,,!....„,-,,, t �+`'.. j? ,s.✓ :I+iY �'i`;_ .. 4 k i� 1 '. ,yyN' _: i ,,,�,o-- ° s'..4.–" ., . a� .'} kK,ly': .4„'x,;^,4,.. k Y!' _ '.✓ r z 1 b '�� c ti. g. r Zl'`11' ,ate.. al..c 7 `.G. Z.. .c '.'"" r `s ,. Ott `� ^ ,�.�a• .4a. �k+�nfd .-s T t• �+ ,ass �, <y,, tom, --t F. r.� "�°� �n ....f � k f J c � 74'''':t' _''-' 1�,y." ,v 'Z sip _./... �' "" �� _ '''/V--- rt • „9i ,,,' r _ Fd"'I ,yt� 'It .'..�, R C. x`'- � %•;,;,:: .-""` fy >r R • "1' > f _ . ""`- .+*r , _7�- £? '� � t+ r r rte`" +a,`r` --__ { ' 7'.• x t`'''''!'"%;0.71;:"-4,''' --�"''. ' f ' 'm ,...+ e ,, 4� P. <>ALL DE UM SHOWN GS ARE FOR PERhpTTING PURPOSES .h -'�.[::r}�' t 89' » wK5 :.�fi` d- <•. ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ,.,;44::i-,-. a i ALL DATUM SHO HEREON IS REFERENCED TO MLW. �;� , i>-'+.,,x :p I a i i,•:.- .e!;• .' PROPOSED OVERWATER STRUCTURE:APPX 8,0704 SF.•..a .a"� ry 'i� ,,.� t,-.l- `d TIDAL DATUM:MlUkf_)0 5'NGVD. ■ e-z"' � „ 'C.'¢ '�'; _� h ; Io TOTALPROTRUSIONFROMMtiWLIN (PPROX 4 , "1:::::'"e: ,: ,S- .r w. ", "?s- BOAT LIFTS OPTIONAL FOR E:APPROX 49 FT 1 a r y �c> ALL SLIPS w " { . fZ 1 SURV DREDGE Y AREA 870±CU.YDS. j,,$'_:45i^'--' y, .. x "t 0 '` ' r;; SURVEY couRTESr of"BBLg !0,.. -,"'' y-r,a, RiT.''" ! `.- x^ •..,, ��c`SURVEY DATED'03-33.07 s9.Inc" tSn,a -� �`rt �.e Y _ .- �Y c>SURVEY FOR NORTHERN SHORELINE P 9 f {_ ,- .,TRtt°°-;?�--'{,r , Y''R`. y' � "NALSONMIILER"SURVEY DATED 02.2409.QED BY ..:1 -•� T •S-..... -:••• '` *. .tr r' st `,'f_... - °`TOTAL APPLICANT OWNED SHORELINE:3 432 L F a urrell,Hall&Associates,Inc. Mange &EinkB.Naples, Co104.332 HALQEM'�NeS CREEK� .W®©a�'O1.,e° •s 3584 Exchange Ave.Ernie B.Naples,Ft 34104-3732 ' 7— f7dea010- EmOL 'a° '. Phone:(239)643-0166 Fax:(239)4/3132 WIDTH�"WATERWAY0aeeelea �eaes ---1 SECTION-74,23 TOWNSHIP_SO8 ,MANGE-2SE�� N 3 Wi9XE!EI 2 i ii w 0 50 too 211, i, _SCALE IN FEET -. MHW LINE—, '-- a "-`--'- MANGROVE FRINGE u E \ ------277:-.77-- i ,..-------.._ ________________----j---' MLW LINE ' _ .." --' �.� �- l�y�i i I =01 1 ; I 1 I -• ( f' • 1.-. MANGROVE - _�. ,._-, -- _ MLW LINE MHW LINE -- TOB LINE NOTES: o THESE DRAWINGS ARE FOR PERMITTING PURPOSES __.__ ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW .3 o PROPOSED OVERWATER STRUCTURE:APPX.8,07ot SF. 1 o TIDAL DATUM:MLW=(-)0.5'NGVD,MHW=(+)1.5'NGVD. 7I o TOTAL PROTRUSION FROM MHW LINE.APPROX.49 FT. o BOAT LIFTS OPTIONAL FOR ALL SLIPS o DREDGE AREA 8101 CU.YDS. 47 SURVEY COURTESY OF"SBLS Surveying,Inc." 4 SURVEY DATED:0343.97 I /"SURVEY FOR NORTHERN SHORELINE PROVIDED BY 1MLSONMILLER"SURVEY DATED 02-24-09. o TOTAL APPLICANT OWNED SHORELINE:3,432 L.F. r1 -' Tlurell,dull&Associates,Inc. M AL AR Marne&Environmental Consulting of Exchange Ave,Suite B.NapIs,FL34104.3732 PROPOSED WITH DEPTHS E t106@8g l-ismakseom Phone:(239)64341166 Fax:(239)643-6632 :. SECTION-14.23 TOWNSHIP-505 RANGE-25E 4 r z€ VI 4 \I: W•9X i Er \ MHW LINE a 0 25 50 -11 1. MANGROVE FRINGE SCALE INFEST t' E; MLWU NE_J I APPX.50%WIDTH OF WATERWAY r° li 6.0 — _.__...,_ �.0 —4— MANGROVE FRINGE MLW LINE Eg 3914W LINE NE E TOB LINE -- E !NOTES: -- -- --- _— 1-THESE DRAWINGS ARE FOR PERMITTING PURPOSES __-—.MOTH �•ELY AND ARE NOT INTENDED FOR CONSTRUCTION USE. CODE LENG7+{ --- — ALL DATUM SHOWN HEREON IS REFERENCED TO MLW ; SLIPS ■ -Io PROPOSED OVERWATER STRUCTURE:APPX 8.070**SF, I �— �? .I�•TIDAL DATUM:MLNh-(-x1.5'NGVD,MHW=(ry1.5'NGVD. • I 25' 9 4' �' 1 o TOTAL PROTRUSION FROM MHW LINE:APPROX.48 FT I o BOAT LIFTS OPTIONAL FOR ALL SLIPS �t■ -DREDGE AREA 8183 CU.YDS. 30' P 5' I-SURVEY COURTESY OF"BBLS Surveying,Inc' SURVEY DATED:03.03-07 �� TOTAL �i I°SUS'FOR NORTHERN SHORELINE PROVIDED BY i�• 'VIOLSONMiLLER SURVEY DATED 02-24-09. �; �_--TOTAL APPLICANT OWNED SHORELINE 3,432 L.F. [ ' urrell,Hall&Associates,Inc. =-- 1 7- " Marine&Environmental CDnsu160 A L D E M A IV oesrcra�o r lrnIMIIIImmmummiim 3584 Exchange/We.Suite B.Naples, B CREEK �∎•∎. Sessmn Phone:(239)6434166 Fan:(239)6434632 DEPTH' WEST SIDE S ®�� SECTION-14.23 TOWNSHIP-50S RA -NGE-25E I 3. W.l 2►E MHW LINE ii IJ i ) S MANGROVE FRINGE i 2 . 0 25 50 11I SCALE TNFEET il —---tAtYPCI I� n H-- -8.0 - - "- - ---to %i .0. _- - lin,:1111■41_ 0 I .■ • -_ _ __ f — ■II�Ierl�, T ■. g1' ... • NOTES: _<>THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. <>ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. o PROPOSED OVERWATER STRUCTURE:APPX.0070.1 SF. <>TIDAL DATUM:MLVA(-)0.5'NGVD,MNI (+)1.5'NGVD. I CODE I LENGTH ( WIDTH I SUPS I o TOTAL PROTRUSION FROM LINE:APPROX.40 FT. ALL <>BOAT LIFTS OPTIONAL FOR ALL SLIPS 1, - - o DREDGE AREA:0103 CU.YDS. SURVEY COURTESY OF"BOLE Surveying,Inc." i` A 25' 14' 22 o g SURVEY DATED:03-03-07 1 o SURVEY FOR NORTHERN SHORELINE PROVIDED BY B 30' 15' 1 20 TMLSONMILLER"SURVEY DATED 02-24-09. _ _ !<>TOTAL APPLICANT OWJIIED SHORELINE.3.432 L.F. ' TOTAL F 42 - -- Terrell,Hall&Associates,Inc. Marine&Environmental 3584EsE�ge Ave.Suite 9.Naples,FL 34104-3732 H A L E M A N'S CREEK DEPTHS-EAST SIDE D7 �;:; NO 13OF 1. s . - - Email:mna(gArrdl-ammiWI±ce0 Prom:(239)643-0166 Fax:(239)643-6632 . .:....,- ...... ....... SECTgN-14.23 TOWNSHIP-505 RANGE-25E \ 4. _ n 7. '4`„43' -) a.- e.►E by S ;'._:� Fla :A - S +, , 50 100 21 1'1 , '' t-' y ' 7 SCALE IN°EET y};, f m i N q € Gf 9 1/.' 1,.7 1'r. ij ,i!:p '. "V„,, r) „I`,,, �s:„i'i �- 1. 1 o THESE DRAWINGS ARE FOR PERMTITING PURPOSES ._. - DATUM SHOWN HEREON IS STRUCTI TO USE ONLY AND C o ALL DA REFERENCED TO MLW. I o PROPOSED OVERWATER STRUCTURE, - _ - - - _ '1 >TIDAL DATUM:MLL)O.S NGMVD, APPX.8.0701 SF.I t>TOTAL PROTRUSION FROM HW MHW��j1.5'NGW. �, . ,1 o BOAT LIFTS OPTIONAL FOR ALL SUPS APPROX.40 FT. ,1 o DREDGE AREA'810«CU.YDS. ii >SURVEY COURTESY OF'BBLS SumeyMg,/nc.° 1'-': "✓ - __ fl SURVEY DATED:030307 I�/ o SONMIORER' ED DATEDL02d•498 LADED BY o SURVEY _..'1. ry L SURVEY �i LTOTAL APPLICANT OWNED SHORELINE 3432 L F. _, , utrell,Hall&Associates,Inc. 1 /' M3riee�$,IYiTOnmentaI on eg HAL�EMAN'S CREEK ®©I°s��:”" r 1ssa Exchange A snag.wpmIOa3nzIac �a °�� Fit: a� Flro c:(239)643-0IR. Fu(2)v)69s3J32 PROPOS' 'WITH AERIAL __'� }�Iaa®°°' ---.----4 SECTION-14.23 TOWNSHIP_SOS RANGE.-77-E-1 s. CROSS SECTION A—A tl r. 3 SCALE:1"=10' il 1 ii ii g T _ 4U'PROTRUSION! t" VARIES 1 6' I- 25 I'.. P r i Jar 71- 1 31:/" t .3.. 11 -5A (i I 4; NOTES: j o S THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. 4.ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. T>PROPOSED OVERWATER STRUCTURE.APPX.8.0701 SF.' o TIDAL DATUM:MLW=(-)0.5'NGVD,MHW=(+)1.5'NGVD. o TOTAL PROTRUSION FROM MHW LINE:APPROX 49 FT. o BOAT LIFTS OPTIONAL FOR ALL SLIPS <>DREDGE AREA 8101 CU.YDS. o SURVEY COURTESY OF"BBLS Surveying,Inc." SURVEY DATED:03-03-07 0 5 10 20 <,SURVEY FOR NORTHERN SHORELINE PROVIDED BY 'WILSONMILLER°SURVEY DATED 02-24-09. 'I 1 TOTAL APPLICANT OWNED SHORELINE:3,432 L.F. SCALE INFEST 1. Terrell,Hall LYi Associates,Inc. ", . . �, HALIDEMAN S CREEK . -"'�1 ,Z Marine&Environmental Consulting ne m., sofas :. . . - —o / �^ ROSS SECTION A-A WW. 1 - 3584Exchen Ave.Ave.SIriYB. FL 34104°3732 eE*eo.: s,> s - E 6 UE 4o1 Phone:(239)6434166 Fax:(239)643.6633 SECTION-,4.23 TOWNSHIP-30S RANGE-25E UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP, INC UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP,INC. The undersigned,constituting all of the directors of Standard Pacific of Florida GP,Inc.,a Delaware corporation(the "Corporation"),take the following action by written consent in lieu of a meeting of the Board of Directors pursuant to Section 141(f)of the General Corporation Law of the State of Delaware: ELECTION OF OFFICERS RESOLVED,that the following persons hereby are elected as officers of this Corporation,to such office as appears opposite their respective names,their terms of office to commence immediately and to continue until their successors shall be duly chosen and qualified or until their earlier resignation or removal: Scott D. Stowell Chief Executive_Officer David Pelletz President-Southeast Region Jeffrey J.McCall Principal Financial&Accounting Officer&Treasurer Daniel A.Grosswald Division President Jay Lewis Division President Raymond James Birkholz Division President Frank Messina Division President Jerry Tomberlin Jr, Vice President-Finance Alexis K.McIntyre Vice President-Finance Michael Metzkes Vice President-Finance John P.Babel Secretary Denise Adams Vice President Michelle Bogarin Vice President Michael C.Debock Vice President-Land Acquisition Bradley Wightman Vice President-Construction Michael T.Collins Vice President-Construction Robert Perry Smithwick II Vice President-Construction Charles Bolen Vice President-Construction Barry Karpay Vice President-Land Operations Maurice Rudolph Vice President-Land Operations Carolyn Morrison Vice President-Sales&Marketing Harmony Michelle Munger Vice President-Sales&Marketing Peter Winter Vice President-Sales&Marketing Gary Keating Sales Representative Michael S.Miller Director of Construction Andrew Abel Director of Land Development Dana Solomon Director of Purchasing Olaf N ill ies Director of Purchasing Steven Dassa Director of Purchasing Thomas Russell Spence Director of Master Plan Operations Nathan Lambert Purchasing Manager David Vazquez Assistant Treasurer RESOLVED FURTHER,that the above-listed persons be,and each of them hereby is,authorized to negotiate,approve, execute and deliver,as designated officers of the Corporation,land purchase and option agreements,joint venture agreements,financing agreements,development,land use and other entitlement applications and agreements,and all other agreements and documents relating to the real estate development and construction business conducted by this Corporation(including in its capacity as a partner in a partnership or member of a limited liability company),and 1308011JLK RESOLVED FURTHER, that the foregoing persons and positions are the only officers of the Corporation at this time and any other officers of the Corporation are hereby removed from office. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent as of the 14th day of August,2013. - - - � --— ----— -- - - - - - -- _ Scott D.Stowell Jeff J cCa11 • tt( 1 1 130801 1.11,K SUBMERGED RESOURCE SURVEY FISHERMEN'S VILLAGE SUBMERGED RESOURCE SURVEY OCTOBER 2013 PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 FISHERMEN'S VILLAGE SUBMERGED RESOURCE SURVEY OCTOBER 2013 1.0 INTRODUCTION The Fishermen's Village project is identified by Parcel Numbers 61835520008, 00388360006, 00394880004, 00395320000, and 61835840005. The property is located just south of Haldeman Creek, bound to the east by Lakeview Drive, bound to the south by the Windstar Golf course,and bound to the west by the Windstar golf. The property is located in Section 14, Township 50 South,and Range 25 East. The upland portion of the property is currently undeveloped but has State and Federal permits for the proposed residential development and associated 42 slip docking facility out along the Haldeman Creek. Turrell, Hall & Associates was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to proposed project. The proposed project consists of a proposed docking facility parallel to the northern parcel shoreline along Haldeman Creek. The SRS survey was conducted on October 4, 2013. Light winds and mostly clear skies resulted in fair underwater visibility that ranged from 4-12 inches. Surface water conditions on this day were relatively calm which also helped to provide fair environmental conditions for the survey. The water temperature was 80°F. Low tide occurred at 7:24 A.M (0.4') and high tide occurred at 1:24 P.M (3.1') on the date of the survey. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged vegetation or other natural resources within the limits of the proposed project footprint. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell,Hall &Associates personnel conducted a site visit and 1 snorkeled these transects within the proposed project basin and verified the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). Page 1 of 3 FISHERMEN'S VILLAGE SUBMERGED RESOURCE SURVEY OCTOBER 2013 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the SRS to cover the entire property shoreline for the proposed docking facility installation. Also surveyed were the ingress egress channel areas for the possibility of required maintenance dredging for safe access to the proposed docking facility. The components for this survey included: • Review of past permits and surveys completed to determine extents of any previously located SRS •Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage •Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 15-feet apart within Haldeman Creek as shown on the attached exhibit. Since the surveyed area was along Haldeman Creek the existing mangrove shoreline and adjacent shoreline provided easily identifiable reference marks, which assisted in locating the transects and keeping them consistent throughout most of the surveyed area. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual operated the boat and assisted with compiling notes and documenting findings on aerials. Located submerged resources were photographed, the approximate percent of coverage was quantified, and the location was delineated on an aerial photo as well as confirmed via handheld GPS (Garmin Model 7211). The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the beds. The findings are shown on the attached exhibit. Page 2 of 3 FISHERMEN'S VILLAGE SUBMERGED RESOURCE SURVEY OCTOBER 2013 4.0 RESULTS The substrate found within the surveyed areas included two distinct classifications; silt sand with shell debris and just silt/ muck material both of which were observed all throughout. There was also scattered rip-rap along the shoreline, which we determined was placed there during historically during past maintenance activities within the creek. This rip-rap mangrove shoreline provided habitat for numerous fish, crabs, and minimal barnacles that are growing on and around the scattered rip-rap and mangrove roots. The majority of the surveyed area exhibited a silt/sand bottom that had a thick layer of silt organic muck that was devoid of any aquatic vegetation growth. The lack of vegetation and any other submerged resources is most likely due to the overall water quality within the creek as well as the water clarity not allowing much sunlight penetration. This was most evident in the deeper water depths within Haldeman Creek. Various filamentous algae and macro algae were all observed and documented growing along the bottom sediments throughout the entire survey area. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 —Observed Fish Species Common Name Scientific Name mangrove snapper Lutjanus griseus _ sheepshead Archosargus probatocephalus striped mullet Mugil cephalus snook Centrompus undecimalis glass minnow Anchoa mitchilli black drum Pogonias cromis jack crevalle Caranx hippos 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. Barnacles were observed growing on the mangrove roots and on the existing scattered rip-rap along the shoreline. The entire subject property shoreline consists of mangroves which provide natural cover. The mangrove area was where all the observed fish species were located including: Gray Snapper(Lu Janus griseus), Sheepshead (Archosargus probatocephalus), Stripped Mullet (Mugil cephalus), black drum (Pogonias cromis), and a few Common Snooks(Centropomus undecimalis). Negative impacts to submerged resources are not expected with the proposed docking facility along Haldeman Creek. Page 3 of 3 N iG •.O. ■ S . - �0 f 7. 50 100 Zlal I � _ SCALE IN FEET !. s �J MHW LINE \ MANGROVE FRINGE \\ _`JI MLW LINEJ I .r MANGROVE FRINGE U a . _ -- MLW LINE LJ MHW LINE TOB LINE OTYPICAL DIVE TRANSECT <>THESE DRAWINGS ARE FOR PERMITTING PURPOSES I,ON/ AND ARE NOT INTENDED FOR CONSTRUCTION USE 1 ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. <>APPLICANT OWNS APPROX,939.81 L.F.OF SHORELINE i! o PROPOSED OVERWATER STRUCTURE APPX.80701 SF 1c>TIDAL DATUM MLW=(-)0.5•NGVO.MHW=(.)1.5'NOVD. 1 o TOTAL PROTRUSION FROM MHW LINE.APPROX 49 FT I <>BOAT LIFTS OPTIONAL FOR ALL SLIPS DREDGE AREA.81St CU.YDS. I<>SURVEY COURTESY OF•88LS Survey/, Inc." 1 SURVEY DATED:03.33-07 ' <>SURVEY FOR NORTHERN SHORELINE PROVIDED BY -WILSONMILLER SURVEY DATED 02-2409 l• Turret Hall Associates Inc. — — —__ JI marine Hall&Associates,Inc. LAKEVIEW DRIVE OF NAPLES, LLC w�,,„„//11ww..� 3584 Exchange Ave.SSW B.Naples,FL 341043732 - - Ens&t.n°,y'an, *seem Phone(239).W-0166 Fax.(239)643-6632 SUBMERGED CftEgTED' 11111.13 SOURCE SURVEY J09 NC 9002.5 CYE 5,�. SECTION-11-14 TOWNSHIP-50 S HANGS-25 E PRE-APPLICATION NOTES ADDRESSING CHECKLIST RESIDENTIAL BOAT DOCK EXTENSION (BDE) PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 2013-1765 Date: 9-11-13 Time: 10:30 Conference Room: C Project Name: Fishermen's Village Boot Docks Site Address 2480 Lakeview Dr Applicant: Jeff Rogers,Turrell-Hall Phone: 643-0166 Assigned Planner Fred Reischl Meeting Attendees: (Attach Sign-in Sheet) Submittal Checklist is attached to Boat Dock Extension Application Notes: Ot'‘-) ?"/.417' /lAy li6OU gEr. (1 ri4 04- Cookny kt..4.0)/4,AJet• 1>1.41A/4 G,& sc-41 EUT cxotue-e_s F 114 (j jiiJ ,• A i hi IL L.*A rig 4C,41„,411 -I) (1 114J rfA cud -P et.(f U7U r7(ilfri8r41)1Aig I 7- j5/,;Tie,,,,il /26 Jo Aexow( SDf cot .6'04,1 roc"(S. 1,110 91/4-tii," Fe.12 Aitit///s+/Ale-616- .4'74,4a( Pit'S't/4/,1 1 to 1/ 0z iy- /* EP .444/i7cr (" /111:-.4c-x7 it-A1 coevvi-fr,. 1)4,11r IV/WO) )471-1Y fq A /1/.1114 to,;;;L:674:144fg/f-. De 3 C1) e Alex x-(4)CLk Ss coikeuk. &ALI r! kijilA-s soP Sk apEzi OA-- FIRE CODE GENERAL COMMENTS: Ensure compliance with ALL applicable sections of Chapter 18 of the currently adopted edition of the Florida Fire Prevention Code(FFPC)regarding fire department access and water supply. Pursuant to FFPC 1:section 18.2.3.4.1.1,fire department access roads shall have an unobstructed width of not less than 20-feet. On the SDP Cover Sheet, please provide the following information for the proposed structure:(1)the type of Construction per the 2010 FBC; (2)the total square footage under roof(conditioned and non- conditioned)and(3)the sprinkler intention for new structure. NOTE:this specific information shall match what is depicted on the architectural drawings that will be submitted under a subsequent building permit, as both the building permit drawings and the SDP Cover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. Please provide a current flow test(i.e.within 6-months of submittal date)and hydraulic modeling(if necessary)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1: section 18.4.5.2 and Table 18.4.5.1.2 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the proposed structure and shall include pipe friction losses based on the Hazen-Williams formula. If the New Model Sales Center does not exceed 5000 square feet,then please provide a current flow test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling(if necessary)shall be provided from the flow hydrant(i.e. wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen- Williams formula. If the New Model Sales Center does, in fact,exceed 5000 square feet,then please provide a current flow test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling(if necessary)shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen-Williams formula. In addition, provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned)and the sprinkler intention for the New Model Sales Center. Show existing and proposed fire hydrant locations. Please identify on the ICP Cover Sheet the total square footage under roof of the largest proposed single-family structure. If any of the new proposed single-family structures do not exceed 5000 square feet of fire flow area,then please provide hydraulic modeling(if no hydrants are close to structure) demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. If any of the newly proposed single-family structures do, in fact,exceed 5000 square feet of fire flow area,then please identify(if possible)where or on which lots these larger structures can be built as fire hydrant spacing is limited to a maximum of 300-feet. Also, provide hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located) throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. If these larger single-family homes can be built on any of the lots,then the fire hydrant locations will need to be changed to a maximum of 300-feet throughout the areas being permitted. Additionally,provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned)and the sprinkler intention for each of the structures that will exceed 5000 square feet in fire area. The maximum distance between fire hydrants shall be 500-feet in exclusive one and two-family areas with buildings not exceeding 5000 square feet and 300-feet in all other areas. Hydrant placement shall be started so fire apparatus is not forced to pass a potential hazard to get to the first hydrant. The turning radii throughout a fire access lane serving a building is required to be a concentric and concurrent 25-feet inside and 49-feet outside radii throughout the 90-degree turns in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09-4. The ingress turn from Chipley Run Lane onto Glenforest Drive and the egress turn from Glenforest Drive onto Chipley Run Lane do not meet the required turning radii. If there is a dead-end fire access road that is in excess of 150-feet,then an approved fire district turn- around is required. The angle of approach and departure for any means of fire district access shall not exceed 1-foot in 20- feet and shall not exceed the design limitations of the fire apparatus for the respective fire district. JSPRINKLERED BUILDINGS AND NEW FIRE HYDRANT INSTALLATION Please identify and delineate on the SDP drawings the point-of-service location as defined in 633.021(19)and 633.021(9)F.S. Once the point-of-service location is established,it is from this juncture that a separate permit is required for the installation of underground fire lines in accordance with NFPA 24(2007 ed.)by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021,633.521 and 633.539 F.S. The SDP drawings must contain the following statements on the drawings: 1)"A separate permit is required prior to installation of any fire line." 2) "Installation of all underground fire lines shall comply with the 2007 Edition of NFPA 24." 3)"Underground fire lines shall be installed by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021,633.521 and 633.539 F.S," 4)"Piping used for fire protection service(i.e.for fire hydrants and fire sprinkler service)that is run under driveways shall be buried at a minimum depth of 36-inches." Please delineate on the plan drawings locations of ALL fire protection appurtenances such as Ply(post indicator valve),DDCV(double detector check valve)or fire system detector check assembly,check valve,fire department connection(FDC), There shall be a fire hydrant within 50-feet of an FDC and on the same side of the roadway. FDC's shall not be placed between buildings. Per NFPA 24(2007 ed.)section 6.3.3.1,post indicator valves shall be located not less than 40-feet from the building. Per NFPA 24(2007 ed.)section 7.2.3,hydrants shall be located not less than 40-feet from the building to be protected. STIPULATIONSi Please note that prior to the accumulation of combustible building materials on site,proposed fire hydrants must be operable and be able to provide the minimum required fire flows,and improved stabilized emergency apparatus access ways(min.20-feet wide)must be available to within 100-feet of structures. All fire hydrants,fire department connections(FDC)and post-indicating valves(Ply)shall be visible and accessible;they shall not be obstructed visually or functionally by trees,landscaping or parking spaces. ,INFORMATIONAL COMMENTS:1 Installation of a water line that is used to supply fire hydrants and that is also used for domestic use or that is a precursor to domestic use, is not considered to be used exclusively for a fire protection system and therefore,will not be subject to the application of NFPA 24 requirements,separate UG fire line permitting requirements or limited to Category V fire protection system licensed contractor. EXCEPTION: where there is a fire s stem detector check valve assembl installed on the fire line servin: a h drant in which case the Utili De'partment's 'purview will sta. at the :ate valve u'stream of the fire s stern detector check valve assembl and it will be at this :ate valve that the 'point-of-service will be delineated and where a separate fire alarm 'permit will be re.uired for the under:round fire line and fire rotection a urtenances to be installed er NFPA 24 and by an a ro riatel licensed T e V Under round contractor or Fire sprinkler contractor. The term "domestic use"as referenced above is any use other than when used exclusively for fire protection and can include, but not be limited to, irrigation, potable and non-potable use. A separate permit is required for the installation of any fencing and gates(i.e.sliding, manual rolling, motorized or other)that prevent access by fire apparatus, where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101 (2009 Florida-specific editions)and,where access boxes for manual gates and EVAC systems for electronic gates will be required. A separate permit is required for the installation of a generator, where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101 (2009 Florida-specific editions) and, where applicable,shall meet the provisions contained in NFPA 110 (2005 ed.) A separate building permit is required for the canvas awning, where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code: NFPA 1 and 101(2009 Florida-specific editions)) and shall meet the flame propagation performance criteria contained in NFPA 701 (2004 edition). Approval is limited to the Site Plan only. All architectural design changes shall also be submitted for review under a commercial Building Permit,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code:NFPA 1 and 101 (2009 Florida-specific editions). All new LPG installations shall require a separate building permit and shall be in compliance with the requirements of NFPA 58(2008 ed.). NOTE:Typically,underground containers with 2000-gallon or less water capacity shall have a 3.0'separation distance from ignition sources,overhead power lines, building &building property line. All laboratories using chemicals shall be in compliance with the requirements of NFPA 45(2004 ed.). All recreation vehicle parks and campgrounds shall be in compliance with the requirements of NFPA 1194 (2008 ed.)Standard for Recreation Vehicle Parks and Campgrounds. The removal, relocation and/or installation of underground or above-ground fuel tanks shall require a separate permit and be in compliance with the requirements of NFPA 30(2008 ed.)Flammable and Combustible Liquids Code and NFPA 30A(2008 ed.)Code for Motor Fuel Dispensing Facilities and Repair Garages. Typically,any type of floating or fixed docks or piers and associated structures require a separate permit and shall be in compliance with the requirements of NFPA 303(2006 ed.)Fire Protection Standards for Marinas and Boatyards. It is understood that the proposed development outlined in the PUDZ documents is conceptual in nature. And as there is not enough information at this time to offer specific comment regarding compliance with currently adopted Fire Codes, please note that throughout all subsequent progression of the site development,all permits will be subject to compliance with all Fire Codes;Standards, Ordinances and local FCO Policy&Procedures adopted and in place at the time of the respective permit. This shall include,but not be limited to,fire lane widths,turning radii and dead-end requirements, hydrant locations,fire flow requirements,etc. The Fire Code Office has no objections to the proposed use outlined in the Conditional Use(CU)request as it relates to zoning. However, all new and/or existing structures will be subject to compliance with all applicable Fire Codes,Standards,Ordinances and local FCO Policy&Procedures adopted and in place at the time of the CU permit. As the Fire Code office has not performed a site visit and verified that existing structures comply with applicable Fire Codes relative to the proposed use,it is understood that a final fire inspection is required and is the responsibility of the applicant to schedule such inspection with the appropriate local jurisdictional fire district. Pre-Application Meeting SIG N-IN SHE ET PROJECT NAME: Fishermen's Village Boat Docks DATE: September 11,2013 Project Manager: Fred Reischl,AICP Planning&Zoning 252-4211 l bavid Anthony Environmental Review fredreischl @colliergov.net Z7SummerAra ue 252-2497 davidanthony @coltiergov.net g Environmental Review 252-6290 ,(Heidi Ashton-Cicko Assistant County Attorney 252-e2 'it-f00 summerton c raergov n ltiergov.net CI Alison Bradford,P.E. Stormwater Engineering 252-6820 alisonsh dford@collje v ❑Paula Brethauer Intake Team alison retha rd @col lJjerg v.net ❑Mark Burtchin 252-2401 paulabrethauer @colliergov.net ROW Permitting 252-5165 markburtchin@colliergov.net L3r✓raig Callis Utilities Review ❑Geoge Cascio 252-2905 craigcallis @colliergov.net Utility Billing 252-5543 OChris D'Arco Environmental Review ge istophsc arco@ oll er ov ❑Paula Fleishman 252-2497 christopherdar Impact Fees 252-2924 co@cli rgov.net ❑Nancy Gundlach,AICP Planning&Zoning/landscaping 252-2484 paulafleishman @colliergov.net :Wed Jarvi, P.E. Transportation Planning 252-5849 reedja nancygundlach@colliergov.net teven Lenberger Environmental Review reedjarvi @rger rgo Berg ❑Mike Levy Intake Team 252-2915 stevelenberger @colliergov.net UMike Longo Intake Code 252-4283 michaellevy@colliergov.net vy @cogiergov.net ❑Paulo Martins Utilities rlongo @ccfco.org ° a ul McKenna,P.E. County Engineer 252 4285 paulomartins @colliergov.net ❑Michele McKenna,AICP 252-2911 jackmckenna @cotliergov.net Comprehensive Planning 252-2466 DBrandy Otero Alternative Transportation 252-5859 brandyotero@colliergov.net ero@ oilier ov.net t ❑Mariam Ocheltree Graphics brandyotero @colliergov.net C,aJohn m cze Ocheltree 252-2315 mariamocheltree @colliergov.net ky Transportation/Pathways 252-5890 OCorby Schmidt,AICP Comprehensive Planning jo rbysch idt@sky @cov.net net OTrinity Scott g 252-2944 eorbyschmidt @colliergov.net Alternative Transportation 252-5832 Mark Strain CCPC/HEx trinitysrain c ll ierg0 .net ()Carolina Valera Comprehensive Planning 252-4446 markstrain@colliergov.net ❑David Weeks,AICP Comprehensive Planning 252-8498 cavidw eks@@lliergrg net ng 252-2306 davidweeks @colliergov.net Ubcc.oolliergov.netldatalGMD-LDSICDES Planning Services‘CurrentIReischrPre-P--a1SIGN IN SHEET REZONE rev 12-18-2012.dacx revised: 8/8/2012 I NAME REPRESENTING PHONE NUMBER E-MAIL ADDRESS 1 -G o+e. PsSs't, • Lo.. �}� � `�a —1)9Qcc) S6,,,-4-6+0,-.¢.42- 1-*trtt1,14,€ 4 i..5-0/&40 \\bcc.coil iiergov.nefldata\GMD-LDS\CDES Planning Services\Current\Reischl\Pre-Apps\SIGN IN SHEET REZONE rev 12-18-2012.dooc revised: 8/9/2012 Co-Mr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ AP NORTH HORSESHOE DRIVE N PLANNING AND REGULATION NAPLES.FLORIDA 34104 (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- application meeting.please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) BL(Blasting Permit) ❑ SUP(Site Development Plan) BD(Boat Dock Extension) © SDPA(SDP Amendment) Camival/Cimus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR (Street Name Change) ❑ LLA(Lot Line Adjustment) 0 SNC (Street Name Change—Unpiatted) ❑ PNC(Project Name Change) El TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit ❑ PUD Rezone Permit) ❑ RZ(Standard Rezone) ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) _} .\.- c PwC�c Z,.._ •_ 41 — So—is '9 " 7CwLF. (,cnA.+ Z tt FOLIO(Property ID)NUMBER(s)of above(attach to or associate with, legal description if more than one) '{ Z•9 _- STREET ADDRESS or ADDRESSES{as applicable, if already assigned) 241 $0k,q_v;ew lt;Ve- ✓ LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way u SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME("applicable) PROPOSED STREET NAMES("applicable) SITE DEVELOPMENT PLAN NUMBER forexistin ( existing projects/sites only) SDP - or AR or PL# TURRELL, HALL & ASSOCIATES, INC. MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue,Suite B•Naples,Florida 34104-3732•(239)643-0166•Fax(239)643-6632 October 9,2014 Collier County Government Growth Management Division Planning and Regulation 2800 North Horseshoe Drive Naples,FL 34104 RE: Haldeman's Landing BDE—CCPC Appeal BDE-PL20130001765 Commissioners, On behalf of Standard Pacific of Florida, G.P, we have appealed the denial from the Collier County Planning Commission(CCPC)of BDE-PL20130001765 from the June 19,2014 Planning Commission Hearing. In order to aid your review and in support of our appeal,I have provided the actual language of the BDE criteria along with our reasoning on why we believe that the proposed project is consistent with all of those criteria. I have also included pertinent exhibits that illustrate the proposed project and that also show the project components that are relevant to the individual BDE criteria. Please don't hesitate to contact me if you have any questions. Regards, --)::*14//6 Timothy Hall Senior Ecologist Description of Project Haldeman's Landing is an approved SDP for 64 dwelling units which is proposing to construct 42 boat slips in a new docking facility that will protrude between 26 and 45 feet from the MHW line. See Exhibit 1a for general Project Location. The proposed project has a history whereby boat slips had been agreed to by Collier County. As a condition of the settlement of an eminent domain proceeding for the dredging of Haldeman Creek, the County granted approval for the developer to construct 51 boat slips to serve the prior project. Since the original approval,the plans for the project have been modified and the number of boat slips has been reduced to 42. The size of the vessels remains the same as the size of the vessels originally agreed to by the county. The project has gone through both State and Federal review and permits from the US Army Corps of Engineers and the Florida Department of Environmental Protection have been issued for the proposed docks. In addition, the South Florida Water Management Distict has issued their permit for upland development of the property. The applicant is requesting a 25 foot extension past the 20 foot allowance as outlined in the Collier County Land Development Code("LDC"). The proposed docking facility includes approximately 8,070 square feet of over water structure and provides 42 slips and a canoe/kayak launch for the residents of the subdivision. In the area of the proposed docks,the applicant owns the shoreline on the south side of the creek as well as the bottomlands of Haldeman Creek. The applicant also owns most of the shoreline on the creek immediately north of the proposed docks. The dock facilities are being constructed solely within the boundaries of the property owned by the applicant. See Exhibit 2 which is a survey of the applicant's property. The proposed layout will consist of 6-foot-wide shore-parallel docking for twelve(12)vessels up to 30-ft-long and fifteen(15)perpendicular 4-ft-wide finger piers providing slips mooring for 30 vessels of 25 and 30 foot lengths. The docks are located on property owned by the applicant within a man-altered channel which connects Haldeman Creek to Naples Bay and further out to Gordon's Pass. Section 5.03.06 of the Collier County Land Development Code outlines five primary and six secondary criteria that the County uses to determine if a Boat Dock Extension(BDE)request is permissible. An application must meet at least four of the five primary and at least four of the six secondary criteria in order to gain approval. Below are listed the Primary and Secondary criteria as well as the information pertinent to the proposed project which shows that it is consistent with these criteria. PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length,location,upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical,single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit;in the case of unbridged barrier island docks,additional slips may be appropriate) Under the Collier County Manatee Protection Plan,the project is considered a "moderate" property and would be allowed up to 10 slips per 100 feet of shoreline. The applicant owns 3,432 feet of shoreline which would equate to 343 slips. If we only consider the shoreline along the south side of the creek then we would base the slip count on approximately 973 feet which would equate to 97 slips. The County LDC also provides that one boat slip per unit is permitted for multi-family use. The project is an approved SDP for 64 upland dwelling units which would equate to 64 slips. The project also has a prior agreement with the County which allowed up to 51 slips on the project lands.The project is proposing 42 slips which is less than allowed by County Code and less than previously agreed to by the County. Location and placement of the proposed docks is also consistent with other multi-family projects in the area in that the docks are placed all along the water frontage of the project. Harmony Shores Mobile Home Park and Sandpiper Bay docking facilities are two multi- family examples which are located along or adjacent to Haldeman Creek. The project is also consistent with the commercial projects located immediately to the east in terms of dock placement and orientation. See Exhibit 3 for the locations of these similar structures. The proposed docks will support vessels up to 25 and 30 feet in length overall(including the motor and bow pulpits). This is consistent with other vessels utilizing this waterway and moored in the surrounding communities. Drafts of the vessels will be appropriate to the waterway and the dredging proposed at the docks will allow for safe mooring without vessels sitting on the bottom at lower tides. 2.Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type,and draft as that described in the petitioner's application is unable to launch or moor at mean low tide(MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension) The attached surveys and accompanying aerial exhibits show that water depths are not adequate to moor the vessels without the extension and associated dredging proposed. The entire shoreline of the project contains a mangrove fringe that varies in width from 18 to 40+feet wide. See Exhibit 4 for water depths with mangrove fringe widths. The western portion of the fringe is man-made while the eastern side is natural. There is no way to moor a vessel along this shoreline(either parallel or perpendicular)and keep the mangroves in place without the need for a BDE. The applicant is preserving all of the mangrove shoreline and dredging along the mangrove fringe in order to minimize the protrusion necessary for safe mooring but the total extension is still more than the 20 feet allowed without a BDE. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel) The proposed docking facility will not impede navigation within the adjacent waterway. The docking facility does not protrude into the deeper water area of the creek,as shown on the attached exhibit(See Exhibit 5). The applicant initially had the waterway associated with the proposed docks surveyed by a professional survey company(Stantec). When the results of this survey were questioned at a public meeting by members of the public,the applicant had another professional survey company Agnoli Barber and Brundage(ABB)provide a survey. Both surveys showed very similar results. Exhibits 5 and 6 show the location of the portions of the channel that are more than 4 feet deep at low tide. As shown on Exhibits 5,6, 10,and 11,the proposed docks do not protrude into the deepest portion of the waterway; which is where navigation occurs. In fact,as a result of the proposed dredging,Exhibits 6 and 7,some portions of the waterway will be deeper than current conditions and the navigable width of the waterway will increase as a result of the proposed project. This portion of Haldeman Creek is identified as an idle speed zone; so vessels maneuvering into and out of the proposed slips will not be interfering with any speeding vessels. While the proposed facility does protrude into the waterway,the survey evidence presented confirms that the proposed dock improvements will not protrude into the portion of the waterway in which navigation occurs. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway,and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). Exhibit 8 shows the waterway with the 25%,50%,and 75% widths depicted as calculated from MHW to MHW. It also shows that the proposed docking facility does not protrude more than 25%of the width of the waterway. This exhibit includes boat dock facilities that have been approved but not yet constructed. The waterway in the area of the proposed docks varies from 134 to 180 feet wide(from MHW to MHW). With the proposed facility in place,the waterway will be approximately 97 feet to over 120 feet in width after the boat docks are constructed. Therefore more than 50%of the width of the waterway will remain open as required. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks) As seen on aerials of the property(see Exhibit lb),there are no existing neighboring docks. The applicant recognized that there is a 6-slip facility permitted but not constructed on the Sanctuary at Demere Landing property; across the waterway from the proposed docks. In fact,the Sanctuary docks are permitted over lands owned by the applicant through an agreement with a previous owner of the Haldeman's Landing property.The Sanctuary docks were granted a 49-foot BDE (29 feet over the 20 allowed)by the Planning Commission in January 2006(CCPC Resolution 06-01). Exhibits 9 and 10 show the proposed docking facility and the permitted Sanctuary facility in relation to the Creek width and depth at that location. The exhibits clearly show that at their most restrictive point,the Sanctuary docks protruded out 41 feet;25%of the width of the waterway.The Haldeman's Landing proposed dock protrudes out 35 feet;22%of the width of the waterway,and more than 50%of the width of the waterway(83 feet)is left open for navigation. This exhibit also showed that the 83+feet left open is the deepest portion of the waterway. The area for maneuvering into and out of the slips is more than recommended for vessels of the sizes proposed so neither facility will be adversely affected by the other. There are no other neighboring docks that would be affected by the proposed facility. The applicant owns the remaining northern shoreline across from the proposed docks and has agreed to place it under a conservation easement so there will not be any docks placed there in the future. SECONDARY CRITERIA 1.Whether or not there are special conditions,not involving water depth,related to the subject property or waterway,which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property;these may include type of shoreline reinforcement,shoreline configuration,mangrove growth,or seagrass beds)) The proposed docking facility will be constructed on a shoreline with mangrove vegetation and very shallow water. The MHWL is located a substantial distance from the navigable waterway,behind the mangrove fringe,which creates the need for the BDE in order to be able to moor vessels at the property. It is also important to remember that the applicant owns the submerged bottomlands in the area proposed for the docks(see Exhibit 4). 2.Whether the proposed dock facility would allow reasonable,safe,access to the vessel for loading/unloading and routine maintenance,without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area) The proposed dock will be constructed with a six foot wide,shore-parallel,main access way and dock for parallel mooring with four foot wide finger piers for perpendicular mooring. These are minimum dimensions for safe mooring and pedestrian travel on docks designed for vessels in the 25 to 30 ft.range. This allows for proper safe access for loading, unloading,and routine maintenance,while minimizing overwater decking area. 3.For single-family dock facilities, whether or not the length of the vessel,or vessels in combination,described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained) This criterion is not applicable as this is a multi-family project. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) This criteria is usually applied to the neighboring property owner's on either side of the proposed project(hence the reference to"either property owner"in the description). In that context,there are no adjacent views to be impacted. To the east of the property is a canal providing boat access to many residences in the neighborhood. To the west of the property is the mangrove forest and golf course associated with the Windstar community but no neighboring residences. The proposed docking facility will not interfere with any neighboring property owners'views of the waterway. The applicant owns most of the shoreline opposite of the project which will be placed into a Conservation Easement and upon which no development will occur. There are only a couple of residences across the creek to the east that would have a direct view of the proposed docking facility and that view is from across the waterway. The docks will not block their view of the waterway. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with subsection 5.03.06.1 of this code must be demonstrated) A submerged resource survey was conducted in the waterway associated with the proposed docks as well as upstream and downstream 200 feet. No seagrasses were observed. A copy of the submerged resource survey summary is included for review(Exhibit 13). 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.I 1 of this code. (If applicable,compliance with Section 5.03.06.E.ii must be demonstrated) According to the Collier County Manatee Protection Plan,the proposed project qualifies as a moderate ranking but would quailfy as a preferred ranking once the maintenance dredging is complete. Proposed water depths are 4-feet Mean Low Water(MLW). No impacts to any native marine habitat is being proposed. Additionally,the manatee mortality rate is less than 20% within a 5-mile radius of the proposed project site. With this ranking and the overall owned shoreline the proposed dock design meets the necessary criteria for approval. a 4. - o a Weeks As t STATE OF FLORIDA \J fi ., n Dr d t b'., Shoreview fi s Dr Sak an S - SUBJECT ,q "' ;� Gultvlew Ct i W F E j PROPERTY , 0- - d Dr C( m �' 3 o Riverview m y __ c7 2 Dr Ar S a: , 8 t I i t ,, 4... z Cr Barrett O Cr K ` ET 4;'14 W o PROPERTY T MPA P Stories 35. _ N Van BurenAv• a 5 ■[: Qs"pt rds_._: _°tinda Dr w. s .6.`s....r•41a Moo-reread M D. NAPLES�t111011� � o ,Starpoint M ,.._ nr 4 - �? �� FT.MYERS Ln _, MANOR Ke o 41 111. MIA 1 _ ,■ a; I n - Blvd fl 1 VICINITY MAP SLAIiD i'i _ KEY WEST .` - OUIFflFMEHICO i- Jt.Q EVERGLADES Cm COLLIER COUNTY SUESIECT ,. _." PROPERTY _ _ - . SITE ADDRESS: NOTES: <>2480 LAKEVIEW DR e'THESE DRAWINGS ARE FOR PERMITTING - NAPLES,FL 34112 PURPOSES ONLY AND ARE NOT INTENDED - ' FOR CONSTRUCTION USE. _ - - <>LATITUDE: N26°DT 15" ..:. __ .9>LONGITUDE: W81°46'40° COUNTY AERIAL ), IkillIturrell, arine&all&Associates, ental tes,Inc. HALI]EMAN`S LANDING Ee ;< 5 Marine&Environmental Consulting 35B4 Exchange Ave.Suite B.Naples,FL 341043732 LOCATION MAP t at:sraamarell-aswdahsu0m Phane:1239)643-0166 Fax:123916436632 SECTION-14.23 TOWNSHIP-505 RANGE-25E R W`e ,(4.E 1 _ S .__ 0 200 400 $4■ • Aj a _.:� SCALE IN FEET :._ — • o BECCA AVE -- - PROPOSED DOCKS I " BAYVIEW D.R m • e>THESE DRAWINGS ARE FOR PERMITTING PURPOSES j •_ I ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.I,• <>PROPOSED OVERWATER STRIUCTURE.APPX 9,070*SF.I .' .. - - lc.ALL DATUM o TIDAL DATUM MEW=(-)0.5'NGVD,MHW—(+)1.5'NGVD. ii o TOTAL PROTRUSION FROM MHW LINE APPROX.49 FT. - I<.BOAT LIFTS OPTIONAL FOR ALL SLIPS - - .. -I • _- • ,. , -=o DREDGE AREA 8103 CU.YDS I o SURVEY COURTESY OE'STANTEC' • SURVEY DATED 05-14.014 ■ s — - M. ' n SURVEY FOR NORTHERN SHORELINE PROVIDED BY " a, ' 'NiILSONMILLER°SURVEY DATED 02-24-09 i<>TOTAL APPLICANT OWNED SHORELINE:3,432 L.F. - — — �p�----> k arineHallirAssociates,Inc. HALQEMAN'S LANDING E � ®°s°e Marine$Environmental Consulting 3584 Exchange Ave.Suite B.Naples.FL 34104-3732 Erna""'�"'n` �I^ h :23v)s4 0;0s Far.(239)693-6632 AERIAL LOCATION MAP 4.E,° ' ®s EXHIBIT 78 ,. ��M ®� • - "`•°' "i SECTION-14,23 TOWNSHIP-50S `—` IGE-26E ..,..e. ,..-,- • "... ...._ X 1 --. ... ... ...-. -, VEY -.77:t --..,— • laimo,..- HALDEMAN DRDC DRIVI , - ---.-. ..... .,.,---..-.....--)••■. \.,,, . • , Wig* II ir:1 I ' 1 ' q;".1 --- . r , Vil't -T\ AR ....vale-• • ........ PLAT BOOK 1AA PAGES 11-15 \\;k MDT 5 .• ° 1 .......■ * I I ' h rt II 1 TRACT 8 \ .......... /4/3.,** \ \ C".....'' . I I / - L /ow=*cm o , . V? g 7 ...IRMO. • •, . I . - mil PARCEL 2 I -I- ittLESS AND EXCEPT i PROM PARCEL 1 . PARCEL 1 \ PARCEL 141 S se• blin g!, - x - , , \> • = j\_....—...._)\ , N 14,-- .../ .s-4.0w..,-T.,-.. ----7, -,,, -- ree-: _ . . ,72____,..----. ,--41 .........-- __,__ W__A..' .JAL■, .......1".. IL. -- '■=wro•'""'""" -9.7,1! c,„,,,, ....- ,..,. **515553/Pe• ,7 .• PAH=3 .7.-11.Fit /2 *3 , ..:)A s i:.:,„,—IV.r." -.., .:-... ...Ma., -- ..... L .711-faile. • AMIN! . . . ' I; / 1 DEPAERE'LANIAN0 GULF SNORES . - , I . .,,' isr i Ilk j!, I.',1l.,,,....l.•eattztc5,.. r.* . 7 Amii,,,:■101 4 _., . - 31,3133 5•1121,15 nal i " sre_r_.• .-Z-11.1%.-X1-Ciiiii.... ,, °L,'", 5 t ' "" '' ssawnlers.. ....• " " ' " ..) Ill•■ thl=."7:43"".*:=7.•'''':'-"--....____ __.,e A v A L ivolial IR at , Mr MILLT= epllipWHFalfjklli. :Ps%Avz•manzaZde ..............,A. ri.7=feerrel. I alkAftdlinkalit V 1 Eli irmaitu,.. = • i i Iii Fay- .....................„,........ I. .11 i .........., Els - won IV.*raw Boit4 i et.i te%T.a 3:i At/.......' 1111111—a■ A 141.; 1., .22 2 .......everoa-na...... SEE PACE 2 FOR cERTnicknoN AND LEGAL DESCRIPTION LMATION MAP -....'''''..--..."*--.- ...... .......i.'"°'`' =vowwww■-snmE 3.5351,3•32 OM 1131101.11111011131.11•11==•1=- 32111.2.1 i 0 Stowe ALTWACSM lAND IDLE SURVEY wo....mmummowamirn_min.04 ..... ..,..,:::...,= ......_... '..SVSAWITZUNTE.E.2..1r.,Mi, r:7....' 174:27'...1rTiMV'n• 5 ^r g - f 0 300 660 121 • - �� - 4iARMQN SC ALE IN FEET SWt�RE�, Fi . � Z& - hma%L+M74lE-4C1AL xi - DC-CK y CCPC REGISTERED SPEAKERS: NEIGHBORING PROPERTY LOCATION -- A 2998 POPULAR STREET - 1 4 - E 3150 LAKEVIEW DRIVE - - C 2675 BAYVIEW DRIVE - —' O 2978 ORANGE STREET ',..y, - .-. E 336 PIER - - 9 2736 RIVERVIEW - G 2957 ORANGE STREET - - . . _• H 2736 SHOREVIEW DR - -I 32661AKEVIEW DRIVE - - - J 3305 LAKEVIEW DRIVE _ _ .. K 3300 KEVIEW DRIVE ,^ - -. ..-. fA L 265,BAYVfEW DRIVE NI 2841 SHDREVIEW DR - \' Marine&Environmental Associates,Consulting. H A L D E M A N'S LA �� I�_ T4utell,Hall&Assceiates,Inc. ®®wee N D I N G ®®eae f ®®)sas GaZaIngaallinNIMMENINN (I 3S$4ExchangeAve.Sli4eB.Neples.FL34104.3732 NEARBY MULTI FAMILY&COMMERCIAL LIKE FACILITIES Elul 616941iQf211aSWNIf V,"B Phmc.1239)643-0166 Fu:1239)643-0632 EXHIBIT .• SECTION-14.23 TOWNSHIP-50S RANGE-25° • LEGAL DESCRIPTION PER EXHIBIT A Of NILE CONAIITLIENT sas......... 76 NON Ne Or NM 1m.M. N NO INN'0 10.11 ION 6 INN 4 DR ON OF<NM NI SINN ON NIS a UN ye IS NON.roe c62. ON NC.NE N..ore.. ;MS 6 o•OEN IN 66 11.0.1.16....Fr Is NO NI•sie 6 NONCE SIO.N •6.1.OS N NNW WA Cr SN.1,NAV SO ON.NO TS N.66 A NT.OF Ile 16.......,......”.............26.6......66 az.61...an'6. Nei Mo.1.1 1.6 NI NU.1.16 e.a.PANANi mee.6 i IN .V Tie voN Wm so.620„„Zrrzt,111;,,...61 66 31 0,NI A MN .6.„,.6.„..........v., Nor N.6,,.,oto,IN.N No N IN souNT co met NeS.As NM.so Fve SO.c NI SO a 40 NUNN NO EN ON NI NS se I.Se NON,Ise 6.6.-.6. NM SUN elif a N Noy No log NONA6 NON V NON.a ... 0.4 liur IN 'ItiorUctnteef•WIAMISTVIrf INN Nr. 110 N.or 6.Te of,No IN N N66,6 ot N.No666.N No..66 6o,.66.6"N.46 Veer me 420.4 441.14..41.4fE Moque.a.so 4•un,>IQ 11, KW MS MAN NNOISil.6 Not 60.4 Oa,Or 110,1MIN ON N ON NON 6.MI•60.1 sm miNI N.Sr Of le N.eta III, •Naas.1...NON,.....N.,N asm,N.Ne•so I..A IN Ns wei.6 Nuar..........NN•61.46 .6 Net N.▪NT=AN 9+1.,NI ON SO SS NON• .N.1 SONNTII NM SUN ==.=.6,......ner....V.6 N...4.6. 1..a SO UN.,6,6 ONSNIONO6 Or KOIR NON NINON 6.7 fe.•Nr,or OD RiN Neoat .'"16%=et=Co'4`-:V.65.'“g7a oftiMr.tatf..."'6".4411 c76 6"rn ...........1,..■...... .2 or 66 NOON..0 MN ON NIS.66 41• Ner.......16.61,.IN 6016 MA SOVNINN,OF re NW Noe re TiA NM II 6...ow N..............,•se•61 Ns MN N.fam•N.yr•or. '01/V I in•r...to y 1161..64 or Or le va,..m.RV MAN 616 N siOn 6.061,Or Ye la.10 NAO. ........I.Lin..................... .......6.12•......-0”.................................. t.....:::::.''.1.................. 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NON 0,TM 4.111.CNN PIN 6.;•16:16.N..O NO a,... .Ne °NAN Nro 62 scoNmem No6 No.AA SIN NSW DM IN reep MN NC;VOW.6.::66.!• •.6.040.LIM Mc..nnen.■09.7 PS.... it IN...,...,/em•..................................... ...leres OrrNe ver ON,ner To oft IN OF era.= ......................................... an..arr.rm.,At.16%.NW Nt OILIONS OF NOC NAL No.Os N. .. ,,N.66.4.ii N...666.•.6.6.IN O.:,Ns N.mso ,66,666...6,,... 6010 OSNIS N0.6ION N..NA 6.1.rye V OM 4.4, 4...67.16 Nu 6066.60 46....6 N.666 64.4 Nott m •.6.OF,60 Le.6,ie N.Ln N.Or SZCION 116,1741•pro.N.NOE.VOT.CON .INNS..sows M.•...N.66.....66...N.6 6664 ea 66...■ Nee.Nos roe NO oc..61 at ALL.6. ITA...il'.=arVarotoo....MorTr.,..."....rt■L'..t6tarlri:s e.r..., •''''''6 .694,o.4%....6,,IMONTO SINO NA er IN NM 6.NI ea,Se N.VaN IN INN NINO Ne Tie 16...e.NOM NNW NA N•SO ST se N.SOISS Mt •ON WINI•UNION FIM AN 1 NOS e NaS 4. ss..........tiNN.N06.411.666........6..... ,,,,=.6,464.....,44.,N..,..........,............,........................ NAL S 4.46.6.4.464.4„4.44....,....,................ eleee6 1.0 KO OF VT 0 CNN ON 0.17 IN CNN 61114 TN M.•NON A N la 1.4 es...v..4.7.............(.0 AO/.1111 1,5'MM...7 IR.'O.,■444.VW .........-.....--. NNW.net Net Ne NI NS 6...TO M.O.ser,NINO OF RON ...................,..6................6.......,..... URI.,2 a•.2,-AI'1 Ma ............................. ..... ................----........r-Nlr_.e.,,--7-6'7,--.. INI..... ......_WINMOINNNOININNIII--r''' ,NoNN-MNII■=1=11111 ''''''''''ALTAPCSee LAND TRU SURVEY mms. ..... ._____________.... .•■••••■•■■••rnall=r7_, 07-,,w,AcrytAm 'arariarniZZARreS"'in wil. ,..„!•••••■■■••st.,_ ___,,.■■.r... 1•F_Lar_se-Iri ■ito ....1:11fES-... Ctiiiimmieret.iiiEriees • 2 1 w'. XE?:E yF Y. L,___ d I 0 5, (K 2 I1, 9 I SCALE IN FEET l i MHW LINE--,`- \\y _�Jr MANGROVE FRINGE m e ;,'� ' yS .. MLw LINE Nab v '�' i .,� e' Dt a rY� :0• ,.a p1 rp -• .�. •if' ~,.� •.elf; r'4. -' �� T--- _.._ 56 46' 42' x .__.. ---.. ~.33 .._____.,,L_.-._.v.._�_.....-.-- 4T MANGROVE FRINGE yy MHW LINE - NOTES: e>THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. •c o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. <>PROPOSED OVERWATER STRUCTURE APPX 8.OTOt SF, <>TIDAL DATUM:MLW=(-)0.5'NGVD,MHW=(4)1.5'NGVD. <>TOTAL PROTRUSION FROM MHW LINE APPROX.49 FT. <>BOAT LIFTS OPTIONAL FOR ALL SLIPS DREDGE AREA 8104 CJ.YDS. <s SURVEY COURTESY OF•STANTEC' SURVEY DATED:05-14-014 <>SURVEY FOR NORTHERN SHORELINE PROVIDED BY -W ILSONMILLER•SURVEY DATED 02-24-09. _ <>TOTAL APPLICANT OWNED SHORELINE:3.432 L.F. -'' Terrell,Hall&Associates,Inc- HAL D E MAN'S LANDING •�.rlvee°�'�'�� Marine&Environmental Consulting 04ea :344 Exchange Ave.Suite B.NaIks,FL34I04-3732 WATER DEPTHS AND MANGROVES ®��- Emakla�4^rella�iaexct:a Pine:(239)6434166 Fu:I23916416d32 �/� - " �XFIn31T:4 Af/°a+°"t_..,—,- 7..1w.,,,W,V2MORm«m MO v SECTION- 19.23 TOWNSHIP-SOS tGE-23E 7 1 ',14,:1;•,i„ *4.1,4' :::—.'; . ' 1.006PIF'" 4,11 1 —1. -'... , .fr 4, ' ' • ' 1* IV 1 ''' 'r...4' *04 .,';..7'' '''' . • - ' , ' ,. -li .'.., ' '•,•,,' ;.:.•4'.,•:./4- '.41-. • ' ' 41r5i ir I ,. . ._- ., . ,,,,,. .. , ..4._. -'•,-.'' . • 1 •f'-',17,V.,,I. !II,--•-• ',-;, • ' „..--',,. .,.,`:i--,.4#`7,. ...:7,7'•-,‘„ -' licr, yiti, itsil.:0.P Ilirkr,.t4"--- '" ' ' 1 ors°'` ;ad �.... '�, _ dP EpYY s / M' ... • �� . �� ' �-- c3CUN13A ' � `. t ` ,., scac=�xEr,r ,-, -- ,,,vp, ,. ;,i .7sH..o 7 s .__-_______ — " ''4 . Q b �' _ 1— -fi x Li...- I* ^s--�°f • ' ' ,7" ^±r,y' ^� .�:ywrs ` 'q0,°-�"'T- +c r .4.,--"'-'.':lS` -',. ""_ "p+' ! '• f� '64 ' t 7,4 •-„,,,'fi', _^ .,t - 4 R SF kR A• -+may • 't, .. s i-. �� s�� „ '. 'ter°. .�e�: t +rad aAN`”"/,;*ri' iM;r'' _-4'MLW OR GREATER WATER DEPTHS s 44V- 4.--., r +rte 3ta w *r`-. _"k;:, ' .'1-- ---- :4"-,*--.,-_,,:-,-7;_'-',-, 7.11047.- _ - • • '. ..„*. ' „, .vot-4 .. ..,,. t.-e•-A y .../..ijitee, ......, ' -A Turrell,Hall&Associates,Inc. HAL E MAN'S LANDING M......6211•105:4,.......0.:�eves�� —.��, Marine&Environmental Consulting /-T 3544 Exchange Ave.Suite B.Naples,FL34)o4.3l3? 4WATERDEPTHS(STANTEC) 84861:1. 83ture as.c 5 coati Phonc(391643-01b6 Fes:)L9)443-64;: EXHIBIT;5 a✓°°°"^"""'°"""'"°^""'""'°'"r^"""'°"""'e°'""'""' SECTION-1A.23 TOWNSHIP-50. RANGE-25. y e te.,- t ",t y s' ■r N t, n — zao�or .100 -.. , .„., ,,,,,,,y ,,,,, fi ,pRrPE : � R y r ?,M' a +7'" ,` ' � Hr-r s i a 8 " •5 � ' . ffY°, y 'x `� -5 --: ;; { �. -:w.+ f,,- SY S z r „f te, !' ''' n, vy' F y yi ai , ' r4,1 : '' - ",4' -r.:4-0-'-t-- 6 - r : .. ,"r"1 5s w ` r ",* .,g*1qs c,4 ,r„ -a, c° , tr/ `"" .,40;#%,;x -4'A4LW OR GREATER WATER DEPTHS .. ,- --4,"`'s Ate"" '''4 ' '" `„, . ' , ,,.-4 ,, :•:irri.,,33 mi „---- .i P a i16 rt '''' '_ ° Terrell,Hall&Associates,Inc. H AL Co-E4 MAN'S LAN©I N G ®�•.®ese,� if • Mann&Environmental Consuldng ��o0i1v`` 384 Exchange Ave.Sude B.Naples,F(,34109-)132 taisas 6m �Rardl-atWCw*tom Phan (2391643-0166 Fax:(:39)643.6632 WATEP DEPTHS(ABB ® =OO� SECTION-14.23 TOWNS HIP_5p5 GE-15E d dy w.ry x • t i r N t i Y w ��` t v..4e to . ] firs.' 4S'.:;rd yz; {' p o a. a loo zao& °, i4; t',"8CUNDAirl f4F„� `"- - 37.L �f.�s <o-1 ' 4 '77:.' n �,,-t �,', ' � . s 4 .Z'r," ,III ZarN # _ 1 k.. .'1+ v u - rr'1 ! `±KY Vim. - '' ,--„!.,,,44-,-., ;r� ,�f �' fir., .y . {�y�{,it,. - . '+4 4 e t t. 40 , s ,{ d y i r LPG ; 4,-.2. .1 �,:',,':',//;" e r • .-, Koa;-— F°-t�a z mss .�� a, i� � .�• A, .��: e . -k%/ s r 4 , sitsortiTu •* -4'MLW OR GREATER WATER DEPTHS(STANTECj � ' - `+ `� 1 is,.,.; : r.ti y„ : -0'MLW OR GREATER WATER DEPTHS(ABe) . , - i- x rysn ue#9 �.a * ,-. -4'MLW PROPOSED DREDGE - ,>}v ,�� r Terrell,Hall&Associates,Inc. H A L D E MA N'S LANDING a� ®®eee rs mum_J�� 'Marine&Environmental Consulting ®axis ' % I 3584 Exchange Ave.Sete B.Naples,FL 341043732 -4 PROPOSED DREDGE '"�*"'- °"'E _ - EsaltaaeCa4uee8-essenatawm Phom::(7391643-0166 Fax. 643663? EXHIBIT:? ,. .. .....-�.,.._........ soy RANGE-25S SECTION-14.23 TOWNSHIP- W, iE ' g. • 0 50 100 2o.! (� SCALE ' - A a t ' .a.r. 4 v , MLW urn \ ` . C 18fl' a APPX.50% 1ST F. v 134' WATERWAY 1SB---._ —. .__ _ ...m -- __lfi3' _.__.,_ POINT OF GREATEN _......._,__.__ 50 • -�� PROTRUSION 46 r: nays §rr sigA +a stag,. 2s% g ��' ,.,...,,,,,1,...,"-,y4''' ,.- , n �y31 � � ,11 t � .a.° C .n ,,f f r #: gig - .4*-E c .. �74., t "0 o1a: - Mal tit * 'Q"A C GAL - } , TOG LINE ' 6 > u k .•,„ � kS:,�. ?.;* THESE DRAWINGS ARE FOR PERMinT NG PURPOSES ONLY AL DATUMS OWN I EREONFIS R ENCED TO MLW. T ,(,CODE LENGTH WlpTH -. {- - c - <>PROPOSED OVERWATER STRUCTUREr APPX 957Ot$F.rt,E -----= = G>TIDAL DATUM:MLW={-p5'NGYD,MNW=(�)y,S NG87007:1, VO �: A 1, 2S 14 �� 22 ±y + „t*.r,y <>TOTAL PROTRUSION FROM MHW LINE:APPROX.49 FT. �� 8 ) '".�.-- <>BOAT UFT$OPTIONAL FOR ALL SLIPS <>DREDGE AREA S1RO CU.YDS. 30' i5' �I 20 r`'a'- -� <>SURVEV COURTESY OF"ST NTEC" i _ -'i 4,, SURVEY DATED.D5-14-014 — / -- - _ '' � x` <>SURVEY FOR NORTHERN SHORELINE PROVIDED BY TOTAL 4Y ��" „ �'• 'WILSONMILLER'SURVEY DATED 02-24-p9. T07AL APPLICANT OWNED SHOREUNE'3,432 LF. Turret!, it,Hall& Inc. un Marine IL&�R1ioRm inc HALDEMAN'S LANDING «—° - _ ssRa Exchange n�.s�,ce�.Naples. L34.O2.I'p PROPOSED DOCK IMPROVEMENTS s�E*°�. . , ;: ascww�w�u :yam Phone(2391W-016e Fax(239trw, 1 EXHIBIT:8 —_ ,�"�� 1Of"""OPT'^°^"'° SECTION-14.23 TOWNSHIP SO 0E-25E �a R is .r : ' $+� Y t," s- ,'4- ,. gX0►E \•' y" 1 s i �,#,.,e#X .;,te; . ''� `. a 0 y0 mo 200 u ..'. E SAtICTUAP,YFUxUFtE'`�' OP 3S D �T ,,a c.- 10.`,...i`` DOCKS(PP,EV}0k1,SLY PEPMi•1 ED�D�C3 It., ti,,„.. z- s` SEPARATE ` 'd. a '°Q '"-' 4 }• ,s' } r ,}, ,rte• R '-' ,i.t_r e,°"" `�\(\'nom. I`' ► _'.` :!. N . 7 4 ,-' R Gi• E E9 I ._ a -t. oil;'4, :1.4° 1.7:,.,. :ii-,,14.1,-...... ..kf.311;,,,,,,aik: j :..-., , .:_-.;-_-:-...,f.f.-..‘ _, ,.., i ..,.,....„..... _ , -..,_Arm.*..-,..-,,,, , ..: ,,.,.. „,i, ,,,,,.;,,l, t +a" a .. . ..„4- ,o44-;--- . - •4'MLW OR GREATER WATER DEPTHS(STANTEC) : _ ,. 7" St, k >•5'i�r9'.� .OF - ` 111 •y " y w4ay * aa r.Y°• fr...,. , st ' -4'MLW PROPOSED DREDGE , ;Ai *.t litkii:!:**, ''' *'''-'-:‘5' -4,:" .,7-t''':;,-„,;5.",-„,-' .;..- , '4- .., 4--ii! ',- ' 4 ,,,-3,4,iitti = °' -' Turrell,Hall&Associates,Inc. HALLI E MAN`S LANDING ©aae�Marine&Environmental Consulting 0ve 3564Emtsinge Ave.SuiteB.Naples,FL 341D4-3732 -4 PROPOSED DREDGE WITH ADJACENT DOCKS Esacsimazamm®aeat■ Email amYeurtill-a, v,e� Phonc:(73 91 643-01 66 Fax:(3916434632 EXHIBIT:9 -----'^'"FO1`""^'0^wm.."...."o.rs.+wmemru"�w.w.e... SECTION-14.�3 TOWNSHIP-505 RANGE-25E i P' 7 3 G g CROSS SECTION A-A in 78.5 CONSERVATION A EASEMENT P# SCALE-I"=20' 1-1 3 HALDEMAN'S CREEK PROPOSED DOCKS AP PS.193'MHWL TO MHWL C7.6' $<' s 35'PROTRUSION 20' 3 i ■ k ' to APPX.13 OPEN WAtE614 f 3D 1 5-1 TOP OF �Y �� MHW(+1.5 NGVD)d �I I R SANK .P ,r i 1 MLR'-0s'NOM.", �.1�- i-- 5 __�_ �.-__ A THE SANCTUARY FUTURE PROPOSED DREDGE PROPOSED DOCKS TO-0 MLW (PREVIOUSLY PERMITTED FOR A SEPARATE PROJECT) OTES: I14>THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE 4>ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. 14>PROPOSED OVERWATER STRUCTURE.APPX.9.0701 SF, TIDAL DATUM.MLW=(-)11.5'NGVD.MHW--(>)1 S'NGVD. I I a M TOTAL PROTRUSION FROM HW LINE:APPROX.49 FT. I I o BOAT LIFTS OPTIONAL FOR ALL SLIPS DREDGE AREA:8101 CU.YDS. <>SURVEY COURTESY OF"STANTEC- 'I SURVEY DATED.05.1E-014 >SURVEY FOR NORTHERN SHORELINE PROVIDED BY A I 'WILSONWLLER"SURVEY DATED 02-24-09 0 10 20 40 r>TOTAL APPLICANT OWNED SHORELINE 3.432 L.F. .. _ . SCALE IN FEET Lord,Hall&Associates,Inc. HAL D E MA N'S LANDING 4 .�:m4isare"_ Marine&Environmental Consulting r. 3554 EXCSAIIEC Ave Snite B.MaPIes,FL 34104 3732 ®4�0 F�ml Nluw'" ICOaaccaces.arom PIhnge Ave State B. Fax:(739)643.6532 CROSS SECTION A-A ®oea- EXHIBIT:10 cr.�uinrds SECTION-14,23 TOWNSHIP..50S 3E-28E . e�r� §9 S t CROSS SECTION B-B 6 I 5 S i SCALE: 15' Ni hp 4 APPX.186.7 MNWL TO MHWL 0 24.5'PROTRUSION 3 $rc 3 naew e 1 HALDEMAN'S CREEK -3 Y; x PROPOSED DOCKS xlµµ , 8 116 �a § 6'—11—13 APPX.93Z WATERWAY 1 t MHw(.1 5. I �� "� MLW(O.YNGVDI* __- ----19"C— TOP Of 4�� J 1/Ilfl/� SPAN( ___ . .. I_ PROPOSED DREDGE TO-4 )4.7C--. S1 ba MLW NOTES: < THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE <>ALL DATUM SHOWN HEREON IS REFERENCED TO EN W. <>PROPOSED OVER WATER STRUCTURE APPX.6,070±SF.'i <>TIDAL DATUM:MLWx(-)0.5'NGVO,M11W-x(9)1.5'NGVD. f <>TOTAL PROTRUSION FROM MI-1W LINE APPROX.49 FT. <>BOAT UFTS OPTIONAL FOR ALL SLIPS o DREDGE AREA:810±CU.YDS. <>SURVEY COURTESY OF"STANTEC" SURVEY DATED.05.14514 5 <>SURVEY FOR NORTHERN SHORELINE PROVIDED BY 0 7.5 15 30 "WILSONMILLER•SURVEY DATED 02-2409. I <V TOTAL APPLICANT OWNED SHORELINE 3,432 L.F. 91.... mmommoom■mm SCALE IN FEET ),,, Terrell,Hall&Associates,Inc. mantis&Enviromemal consulting H A L E MAN'S LANDING °' Rw 3584 Exchange Ave.We B.Nagies,FL 34101.3732 CROSS SECTION B—B �� " .� -.t,.° a ti ° Emit MGR3l-149CSBI.SMS Row(2391643-0166 Fax:(239)643-6632 EXHIBIT:11 .,wo,,..x„,r.mra.nne—a.umas.m.n"seruvwa....,.w SECTION-14.23 TOWNSHIP-50S RANGE-25E • g i 3 • CROSS SECTION C-C 1 SCALE 1"=15' g S S S A 1 m CONSERVATION APPX.135 MHWL TO MHWL g EASEMENT R q a 3;c T n 2e PROTRUSION 44 la q W 3wS HAIDEMA PS CREEK 3 �'? y m PROPOSED DOCKS �� X'i} .X 17"k f APPX.74'OPE'WATERWAY MHwt.ts NGw)� i_ MLW(-OS NOVD)A_ _.__._ Y TOP OF BANK( '�� I __. f - - �r _._ a_-- ,6 PROPOSED DREDGE TO x' AA J 19 I 1 WM : , Mo <>THEresSE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. <>ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. PROPOSED OVERWATER STRUCTURE:APPX.6.070±SF. s>TIDAL DATUM:MLW.(-)0.5'NG4D,MHW=(.)1.5•NGVD. TOTAL PROTRUSION PROM MHW LINE:APPROX.49 FT. ">BOAT LIFTS OPTIONAL FOR ALL SLIPS o DREDGE AREA 6103 CU.YDS. <>SURVEY COURTESY OF°STANTEC' 0 7.5 15 30 SURVEY GATED:05-144314 >SURVEY FOR NORTHERN SHORELINE PROVIDED BY 'WILSONNALLER°SURVEY DATED 02-24-CS SCALE IN}hEi <>TOTAL APPUCANT OWNED SHORELINE-3,432 L.F. Turret!,Hall&Associates,Inc. H AL D E M AN'S LANDING a a Marine&Enviroranental ConsAiting 394 Exchange Are.Snne B.Naples,FL 3 4144-3 73 2 CROSS SECTION C-C Eat*te o•Ynel-axo, e:so now:(239)643-0166 Fax(239)643.6632 Hem 12 1».,—..,..,: . ....",..--T.-.•.»..a— SECTION-1x,23 TOWNSHIP-513S 'GE-250 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP, INC UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP,INC. The undersigned,constituting all of the directors of Standard Pacific of Florida GP,Inc.,a Delaware corporation(the"Corporation"),lake the following action by written consent in lieu of a meeting of the Board of Directors pursuant to Section 141(0 of the General Corporation Law of the State of Delaware: ELECTI9N OF OFFICERS RESOLVED,that the following persons hereby are elected as officers of this Corporation,to such v office as appears opposite their respective names,their terms of office to commence immediately and to continue until their successors shall be duly chosen and qualified or until their earlier resignation or removal: Scott D.Stowell Chief Executive Officer David Pelietz President-Southeast Region Jeffrey J.McCall Principal Financial&Accounting Officer&Treasurer Daniel A.Grosswald Division President Jay Lewis Division President Raymond James Birkholz Division President Frank Messina Division President Jerry Tomberlin Jr. Vice President-Finance Alexis K.McIntyre Vice President-Finance Michael Metzkes Vice President-Finance John P.Babel Secretary Denise Adams Vice President Michelle Bogerin Vice President Michael C.Debock Vice President-Land Acquisition Bradley Wightmen Vice President-Construction Michael T.Collins Vice President-Construction Robert Perry Smithwick Ii Vice Presider*-Construction Charles Bolen Vice President-Construction Barry Karpay Vice President-Land Operations Maurice Rudolph Vice President-Land Operations Carolyn Morrison Vice President-Sales&Marketing Harmony Michelle Munger Vice President'Sales&Marketing Peter Winter Vice President-Sales&Marketing Gary Keating Sales Representative Michael S.Miller Director of Construction Andrew Abet.- Director of Land Development Dana Solomon Director of Purchasing Olaf Nillics Director of Purchasing Steven Dassa Director of Purchasing Thomas lussell Spence Director of Master Plan Operations Nathan Lambert Purchasing Manager David Vazquez Assistant Treasurer RESOLVED FURTHER,that the above-listed persons be,and each of them hereby is,authorized to negotiate,approve,execute and deliver,as designated officers of the Corporation,land purchase and option agreements,joint venture agreements,financing agreements,development,land use and other entitlement applications and agreements,and all other agreements and documents relating to the real estate development and construction business conducted by this Corporation(including in its capacity as a partner in a partnership or member of a limited liability company),and 13Qt01IILK RESOLVED FURTHER, that the foregoing persons and positions are the only officers of the Corporation at this time and any other officers of the Corporation are hereby removed from office. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent as of the l 4's day of August,2013. ___— _ _. – — Scott D.Stowell Jeff JAcCall ! 1 r I • 1 i 1 1 1 1 1- f i i 130801111J( I FEDERAL PERMIT /t:NT_,0F, DEPARTMENT OF THE ARMY /... �C•�7i -<> \ JACKSONVILLE DISTRICT CORPS OF ENGINEERS w 3 ,• 4.. ,,� 1520 Royal Palm Square BLVD.SUITE 310 ksitt(4a' =91U;` �°," Fort Myers,FLORIDA 33919 \;, F..is-' ,/ REPLY TO 19 August 2013 ATTENTION OF Regulatory Division South Permits Branch Fort Myers Permits Section SAJ-2007-02042(1P-CJW) Turret',Hall&Associates,Inc. 3584 Exchange Avenue Naples,FL. 33919 Cc: Michael DeBock 405 N.Reo St.,Suite 300 Tampa,FL. 33609 Ladies and Gentlemen/Dear Marielle Kitchener: This is in reference to your letter dated 14 August 2013,regarding the transfer of Department of the Army permit number SAJ-2007-02042¢P-CJW). The permit was originally issued to James Kearley on 6 November 2009. The project is located at Latitude 26.12514,Longitude -81.77455,in Section 11,Township 50 south,Range 25 east,Naples,Collier County,Florida. The 19 August 2013,notification is now part of the official permit and reflects the following: Transfer From: James Kearley 525 Okeechobee Blvd.,Suite 700 West Palm Beach,FL.33401 Transfer To: Michael DeBock,Standard Pacific and Florida GP, Inc. 405 N.Reo St., Suite 300 Tampa,FL. 33609 Please be aware that all general and specific permit conditions remain in effect and as the Pern'ittee you are required adhere to all conditions and limitations of the permit. Although all works authorized must be completed within.a specific time limit,the permit itself with its limitations does not expire. You should attach this letter to the permit. Enclosed is a blank transfer form to be used should the permit be transferred again. General Condition 4 requires the permit be transferred to the new owner if the property is sold. Upon -2- completion of ownership transfer,please have the transferee sign,date and send the enclosed notification to the U.S.Army Corps of Engineers,Regulatory Division, Special Projects and Enforcement Branch, 1520 Royal Palm Square BLVD.SUITE 310 Fort Myers,Florida 33919. Thank you for your cooperation with the U.S. Army Corps of Engineers Regulatory program. If you have any questions concerning this matter please contact Russell Rouan at the letterhead address or by telephone at 239-334-1975 x26. Sincerely, Russell Rouan Project Manager Enclosure Copy Furnished: 19 August 2013 DEPARTMENT OF THE ARMY PERMIT TRANSFER RE UEST PERMIT NUMBER: SAJ- ( - ) When the structures or work authorized by this permit are still in existence at the time the • property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. AIthoueh the construction eriod f works authorized b De ailment of the Arm ermits is finite the 't itself with its limitations doe not e ire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions,have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Special Projects and Enforcement Branch,Post Office Box 4970, Jacksonville,Florida 32232-0019. (TRANSFEREE-SIGNATURE) (SUBDIVISION) (LOT) (BLOCK) (NAME-PRINTED) (STREET ADDRESS) (11IAILING ADDRESS) (CITY,STATE,ZIP CODE) JACKSONVILLE DISTRICT CORPS OF ENGINEERS /0.q; ;` : ! TAMPA REGULATORY SECTION p ""' w 4 Ij " 10117 PRINCESS PALM AVENUE, STE 120 A t„ !n; TAMPA,FLORIDA 33610-8902 � srrun��t REPLY TO ATTENTION OF April 21, 2011 Tampa Regulatory Section SAJ-2007-02042 (IP-CFW) Mr. Jack Antaramian Lakeview Drive of Naples, LLC 265 5th Avenue Naples, Florida 34104 Dear Mr. Antaramian: The U. S. Army Corps of Engineers (Corps) is pleased to enclose. the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of: a. The date of commencement of the work, b. The dates of work suspensions ,and resumptions of work, if suspended over a week, and c. The date of final completion. This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at the Fort Myers Regulatory Office, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, Florida 33919. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincerely, Donald W. Kinard Chief, Regulatory Div sion Enclosures K t DEPARTMENT OF TIM' ARMY PERMIT Pasaitun: Lakeview trive of Naples, I,LC 3530 Kraft Naples, Florida 39105 4105 300 Permit No: SAJ-2007-2042 (SP-CJW) D.S. inesr District Jacksonville NOTE: The term "you" means The you and its derivatives, a permittee or any � s used in this means the the ittee irate district or The term hermit, Engineers having division office of"this office" Engineers h vinicial ooveretaetiri the Chips of commanding officer. in under the i tho 9 under the authority of the You are authorized pursuant to Section 20 Act of 1899 (33 U.S.C. 403) and Section 90q� fee Rivers and Harbors U.S.C. 'S1344) to perform work in accordance with the conditions Specified below. Act (33 and Pro s-_at Description The wetlands to Construct s�ct a road andestormwater to fill 0.79 family residential development knownis Fishermans Village.acre of addition, the facility for a multi- family proposes to, construct a 42-slip Ig facility and to maintenance dredge 810 cubic 9 slip docking The work described above is to be completed in s • 17 Pages dated July 16, 2009 affixed at the end of this accordance permit the .fs permit Protect Location: The project is located off Lakeview Haldeman Creek, in Section it Naples, Collier in , Township 50 South, Drive, in Y. Florida. Range 25 East, in Lati tads i +to de: Latitude. . . . . . . 26.12083 Pe:mit Conditions: Longitude. .. . . . 81.77778 North West Special Condltioas: 1. RrportiaQ Address: required t g Addr as. All oreph reports, documentation and correspondence following address; U.S. A permit shall be submitted to the following dress. Tampa y Corps of Engineers 120, Tam a ampa Office, 10117 Princess Palm Avenue, Suite P , Florida 33610. The Permittee shall reference this permit number, SAJ-2007-2042, on all s . Suite submittals. 2. Commencement Notification: initiating the authorized work, Within 10 days from the initiating a written authorized , the Permittee shall date of Corps a by of the date of hall provide work the Y this permit. commencement of work Permit No SAJ-2007-2042 (IP-CJW) 3_ Wetland Avoidanoc/Minimisation Areas': The Permittee shall avoid the remaining 4.20 acres of onsite wetlands, (Attachment A) . These natural wetland areas were avoided as part of the permit application review process and therefore will not be disturbed by any dredging, filling, mechanized land clearing, agricultural activities, or other construction work whatsoever. The Corps reserves the right to deny review of any requests for future impacts to these natural wetland areas. 4. Prmaion Control: Prior to the initiation of any work authorized . by this permit, the Permittee shall install erosion control measures ' • along the perimeter of all work areas to prevent the displacement of fill material. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas adjacent to wetlands shall be stabilized using sod, degradable mats, or a Combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until ' all authorized work has been completed and the site has been stabilized. h.• Compensatory Mitigation: Within 6 ,months from the from the date of initiating the authorized werk or 12 months from the effective date of this permit, whichever first occurs; the'Permittee shall complete ,k the following mitigation objectives in accordance with the approved2�tt , onsite compensatory mitigation plan (Attachment B) ; a. On the north side of the creek, the permittee will restore ,.- approximately 1.0 acre of mangrove swamp. dditional 0.62 acre of wetlands will be enhanced. The total 1.621'� s will be placed under — Conservation Easement to be held by Florida Department of + t k Environmental Protection (DEP) as described in the DEP-permit attached gce ee (Attachment C) . R' 1 b. Additionally, the permittee will preserve the existing 2.72'ra� acres of mangrove shoreline and 0.82 acres of open water on the south �� side of Haldeman Creek. These two areas totaling 3.7 acres will be placed in Conservation Easement to be held by SFWMD as�grantee as described in the DEP permit attached (Attachment C) . ,,,.art r L, 6. Performance Standards: To meet the objectives of the approved compensatory mitigation plan, the Permittee shall achieve the following performance standards: a. At least 80 percent cover by appropriate wetland species (i.e., FAG or wetter) . b. Cover of Category I and II invasive exotic plant species, pursuant to the most current list established by the Florida Exotic Pest Plant Council at http://www.fleppc.org, and the nuisance species primrose willow (Ludwigia peruviana) , dogfennel (Eupatorium 2 Permit No SAJ-2007-2042 (IP-COW) capillifolium) , Bezmudagrass (Cynodon spp.), Bahiagrass (Paspalum notatum) , and cattail (Typha spp. ) shall total .less than 5 c. Less than 20 percent percent. mortality of planted wetland species. d. Hydrologic enhancement will result in to the surface between 5 and 12.5 soils that are saturated Percent of the growinng g season. son. The Permittee shall achieve the above The the Permittee monitoring performance standards by the end of the -year period, with no maintenance during the 5th have not been achieved, the above a rem performance standards e with Special Condition of this ediation program approved by the Corps in accordance Permit. the Remediation • 7. Monitoring and Reporting Tietfr sh with performance standards the Permittee shall'completecthe1following: the a. Perform a time-zero monitoring area(s) within 60 days of completion ofethetcompensatoryamd mitigation objectives identified in the Compensatory. Mitigation Special Conditio of this compensatory mitigation permit. • . b. Submit the time-zero report.to the Corps within 60 days of completion of the monitoring event. The report will include at least • one paragraph depicting baseline conditions of the mitigation prior to initiation of the compensatory Y mitigation objectives site (s) mitigation areas. drawing of all created, enhanced and/or restored c. Subsequent to completion of the compensatory g objectives, perform semi-annual monitoring of the wetland mitigation areas for the first 3 years and annual monitoring thereafter for a total of no less than 5 years of monitoring, gation d. Submit annual monitoring reports to the Co combined into the vent.n report.g report. e. Monitor the mitigation area(s) and submit annual monitoring reports to the Corps until released in accordance with the Mitigation Release Special Condition of this permit. 8. Reporting Fermat: Annual monitoring page maximum report format for assessing compensatory shryl 1folla ow a IO_ sites. The Permittee shall submit all documentation totheCorps on 8k1-inch by 11-inch paper, and include the following; a. Project Overview (1 Page) : (1) Department of the Army Permit Number 3 i f Permit No SAJ-2D07-2092 (IP-CJW) • (2) Name and contact information of Permittee and consultant (3) Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted (4) A summary paragraph defining the purpose for the approved project, acreage and type of aquatic resources impacted, and mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts (5) Written description on the location and any identifiable information to locate the site perimeter(s) '(6) Directions to the mitigation site (from a major highway) (7) Dates compensatory mitigation commenced and/or was completed (8) Short statement on whether the performance standards are being met • (9) Dates of any recent corrective or maintenance activities conducted since 'the previous report stitbmission (10) Specific recommendations for any additional corrective or remedial actions. b. Requirements (1 page) : List the monitoring requirements and performance standards, as specified in the approved mitigation plan and special conditions of this permit, and evaluate whether the compensatory mitigation project site is successfully achieving the approved performance standards or trending towards success. . 'c. Summary Data (maximum of 4 pages) : Data shall be provided to substantiate the success and/or potential challenges associated with the compensatory mitigation project. Any photo documentation shall be dated and clearly labeled with the direction from which the photo was taken, and be identified on the appropriate maps. d. Maps (maximum of 3 pages) : Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and/or other features pertinent to the mitigation plan. e. Conclusions (1 page) : A general statement shall be included describing the conditions of.the compensatory mitigation project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee, including a timetable, shall be provided. 4 Permit No SAJ-2007-2042 (IP-CJW) 9. anon: If the co Performance standards 5 years compensatory mitigation fails to meet the mitigation objectives, theco completion of the compensatory mitigtion objectives,60 compensatory mitigation will be deemed unsuccessful.Bator days of notification by the Corps that the Y mitigation is unsuccessful, the Permittee Corps an alternate com the Corps nunite functional lift re rrotosa shall submit to pensatory mitigation proposal sufficient to compensatory reate the nmitigation onal l required under the permit. The alternate to proposal may be required to include additional associated with the unsuccessful compensatory loss of wetland function The Corps reserves the right to fullyeevaluate The Corps the reserves the right Y mitigation activities. reject t . horps approval, amend, and sin 120 r pproval compensatory mitigation proposal. Within 120 compensatory mitigation the will complete the alternate • proposal. •10. Mitigation Release: • the required The Permittee's responsibilit compensatory mitigation, y to complete Mitigation Special Condition of •this te � as set forth in the Compensatory fulfilled until mitigation success .has permit demonstrated not be sand writ written verification has been provided by demonstrated and waittec has been released will require Y the Corps. A mitigation area which ha Permittee; however no further. monitoring or reporting by the ansferees remain Permittee,. Successors and perpetually responsible to ensure that the mitigation areas) remain in a condition appropriate authorized impacts in accordance. with General Condition to offset is . permit. General Condition 2 of this 11. Belt-Certification: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Pe • attached '"self-Certification Permittee shall complete the D) and submit to the Corps. Statement of Compliance" form deviates, in any manner,pfrom jthe hauthorizedawork, completed mdtte shall describe, on the Self-Certification Form, the Pe work authorized by the . the deviations between gall work authorized the debyripeipermit and the work as constructed. Form that the description approval deviations on the Self-Certification Pproval of any deviations by the Corps. 12. Conservation Basement: The Permittee shall 5.21 acre (s) of wetlands (Conservation Areas) in preserve a total of recording a conservation easement within the boundaries annotated on the attached Perpetuity by Permit drawings and in accordance location procedures outlined in the attached SFWMD and DEP permits (Attachment C) and the following conditions: a. Within 30 days from the date of initiating the authorized work or 12 months from the effective date of this occurs, the Permittee shall submit to the permit, whichever recorded conservation easement document with exhibitsr Corps description and sketch) , p a copy of the recorded (including legal 5 Permit No SAJ-2007-2042 (IP-CJW) b. Any deviation from the established conservation easement cannot be performed without a modification to this permit instrument. The ability to modify or remove this conservation easement is neither implied nor guaranteed. If the conservation easement is removed for any reason, the Permittee shall provide appropriate mitigation to compensate for functional wetland loss. The Grantee shall not assign its rights or obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state and federal laws, including 5704.06 Florida Statutes, and committed to holding this conservation easement exclusively for conservation purposes. The Corps shall be notified in writing of any intention to reassign the conservation easement to a new grantee and shall approve the selection of the . grantee. The new grantee shall accept the assignment in writing•and a copy of this acceptance delivered to the Corps. The conservation easement shall then be re-recorded and indexed in the same manner as any other instrument affecting. title to' real property and a copy of the recorded conservation easement furnished to the Corps. 13. rill. Material: The Permittee shall use only clean fill material . for this project. The fill material shall be free from items such as trash, debris, automotive parts_, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 14. The Permittee shall comply with the "Standard Manatee Conditions for In-Water Work - July 2005" {Attachment E) . 15. The permittee will adhere to the Standard Protection Measures for the Eastern Indigo Snake during construction (Attachment F) . 16. The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006 (Attachment G) . 17. Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. 18.. As-Built with X-T Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as- built drawings of the authorized work and a completed As-Built Certification Form (Attachment B) to the Corps. The drawings shall be signed and sealed by a Florida registered professional engineer or a 6 Permit No SAJ-2007-2042 (IP-M ) profeasional land surveyor registered in the state of Florida and include the following: a. A plan view drawing of the location of the authorized work(as shown on the work as constructed in the permit wings) with an overlay k (844-inch by constructed drawings as the attached Y of the plane coordination pointseof the moethwater�a=ode the permit;fit drawings and a point coordination the mean high Y State and a at bulkhead/seawall, if g water line (MHWL) orothe of the bul headns of the if present. The drawings shall include: the waterward end of the structure, n of water is once low rom water). at waterward end of the structure to the nnear bottom edge(3] the distance from the b. List any deviations between the work authorized by channel. and the work as constructed. In the event that the completed Y this permit in any manner, from the authorised work, Meted work Built Certification Form the deviations between the work authorized by describe on the As- Built drawings and the as onst cted.been depiction-and/or d ngs any deviations a . Clearly indicate on the that description' of any listed. Please note g that and/or AD-Built Certification Form Y deviations on the deviations by does not constitute drawings Y the U.S. Army Corps of Engineers. approval of any • • c. The Department of the Army Permit .number. d. Include pre- and post-construction aerial project site, if available, photographs P of the 19. Aamuranoe of Navigation understands and agrees that, if Uaint oe: The Permittee require the removal, relocation,foruotherealteration the United States structures or work herein authorized, or if , of the Secretary of the Army or his authorized representative,�isaid f the or work shall cause unreasonable obstruction to the free navigable waters, the pew structure from are Corps of Engineers,Permittee will be required, navigation of to remove, 9uired, uper due notice structural work or obstructions caused thereby, wior thout utter ens United States. No claim shall be made against�the tUnited expense States tonthe account of any such removal or alteration. 20. The Permittee shall place all dredged material in the self- contained, upland disposal site as shown on the Permittee shall maintain the project venwinhe, The discharge of dredged material uand nassociated effluent prevent into nwaters of the United States. re2 motions: 1. The time limit for completing the work authorized on November 6, 2014. If you find that you need more time to complete the authorized activity, ends y, eubanit your request for a time 7 Permit No SAJ-2007-2042 (IP-CJW) 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 the 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. 5. You must comply with all conditions specified in the attached SFWMD Environmental Resource Permit (ERP) .No. 11-03032-P issued on August 14, .2009 and DEP's ERP 11-0274817-001 issued on October 17, 2008 (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. 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) . 8 • Permit No SAJ-2007-2042 (IP-CJw) 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. 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 perit Federal Government does not assume any liability for the, the following: a. Damages to the permitted project or uses thereof as a result of other permitted of 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 persona, 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. 5. Reevaluation of Permit Decision: This office may reevaluate ita decision on this permit at any time the circumstances warrant. Circumstances that could'require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of y application proves to have been false, incomplete, or permit inaccurate (see 4 above) . 9 peylialt No Si4J-20U1-2642 (IP-CJw) . c. significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action . where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you .fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective , " . measures by contract or otherwise and bill you for the cost. . 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of • the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension-of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. Attachments A- l7 pages of drawings, dated July 16, 2009 (Attachment A) , Mitigation Plan (Attachment B) , State Permits (Attachment C), Self- Certification (Attachment D) , and the Standard Protection Measures for the Eastern Indigo Snake (Attachment E) affixed at the end of this permit instrument (behind this signature page) . ---P,, .., k4 ...7.- PERM TTEE) T44C. X • ' ' '1+�'► , . . (DATE) 7 / Lakeview Drive of Naples. LLC This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 4 ' . , iCg/ , . -TRICT ENGINEER) TE) Alfred A. Pantano, Jr. Colonel, I .S. Army /-- // �i" 1 f 2J1/ (PERITTE ) F D ?""1-044431 (m4'°4-6-4L ATE) Lakeview of Naples, LLC 10 Pelt No SAJ-2007-2042 (IP-CJW) When the structures or work authorized by this existence at the time the property permit are and in conditions of this permit will continue rto be red, the the new owner(e) of the property. to be binding on the new the associated liabilities associatedewith transfer of this and conditions, sign below and transferee with itartertmend below. have the transferee sign and date ' {TRANSFEROR -SIGNATURE) . • • (DATE) (TNSFEREE-SIGNATURE) (NAME--PRINTED) • • (ADDRESS) • (CITY, STATE, AND ZIP CODE) 11 Permit No SAJ-2007-2042 (IP-CJW) Attachment A Permit Drawings 17 pages dated July 16, 2009' • 12 1 N STATE OF FLORIDA, ,JJ' -S'.• d� •.37:" ,AY- .,...,..r... .., d R ,' �.t+ . Stint d's., i l' Gulhapja ft r I Risenvtew no= ' I ii'i ! I at � cCn �� ,� ! Bmets4v O Cr Oil r .r t MonTetAv s nnp e��..�� ! •tN1.i'r14N 1. 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CROSS SECTION C-C °TOMPTULkML LlROMtaD*WWI ._iitSTA4TiCiiletx8'M PROM M4MlLIfeAPPRODC YFT, eoAtx±,s amain:Fen au.,are metlldrbAT�twor SCALE:t1T'S -e.mini ,root oim��e9yM�IIyNd�y1.8�JE/NOVIDlm eV I , r . ,feY SPOIL MATERIAL NOT TO EXCEED 8' _1 STAKED SILT HAY BALES CREEK - au 30' " - UPLANDS USES FOR SPOIL CONTNNMENT BASIN CONTAINMENT SECTION TO ACOOMODATE APPNOX.gin CU.YDS. • ' ` NNMe ARCTIC! r� Hall k , IAKEVIEWDRIVE OF.NAPLES, LLC.... T.TT- 14•47 6DR 16 *the&Ea.imwmhiC®wltins EMCEE ®.16-01 1d64101 6C6LTr M --V-35114152darAn.laili thples,FL 0101' PROPOSED SPOIL CROSS SECTION '06N° "" bee MS +ewiiaon New(t3 61166 Pc ' 6N $ECTFOt+11.44 TQWNeruv-50 a wwoe-28E .f. • CROSS SECTION D-D II: ,1 1 SCALE41".I 0" ,I' [ , ■ 40, --'"Nt.t:.')!:• " ..i t+.a.'' • • ,.,•!:.•••, . s .—7.—__________, . _ . wr----________I i • , ......j. ,........._.__ ________....... ..........______._ "•i ..1, .___ _..=.. WM ,i, ... . . , —tow i --- '----• . • . 1. TO•MLW' 1 1 , . 1 .. .. •Iimi 1. ...' 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ITr'I RODUCTION: The purpose of this report is to document the proposed preservation and enhancement activities for the 5.21 acres of conservation easements on-site associated with the development project known as Fiabermzaa Village. The proposed multi family housing development project encompasses a total of approximately 20.51 acres in Naples,Florida approximately 0.2 miles west of the Bayshore Rd. bridge over Haldeman Creek and accessible by Lakeview Dr. heading west from Bayshore Rd. The property is located in Section 11,Township 50 South, Range 25 East, Collier County, The property is currently undeveloped and is surrounded by single and multi family residential communities and commercial waterfront,and is directly adjacent to the Haldeman Creek. The subject property includes the project area on the south side of Haldeman Creek and-the mitigation area on the north side of Haldeman Creek. This document concentrates on the mitigation and monitoring activities proposed in the on-site preserve areas. The proposed mitigation includes exotic vegetation removal, re:planting red mangroves(Rhizophora mangle), and on the north side of Haldeman Creek,minor topographical enhancement to ensure the survival of planted red mangroves and the viability of natural recruitment of red mangroves. These activities will enhance existing mangrove wetlands,create wetlands that had previously lost their function due to spoil being placed in them,and remove the thick growth of exotics in those areas. This will enhance the wetland functions such as storage,attenuation,and filtration of the tidal waters that reach them,thus providing an overall improvement to water quality in the area. There will be three conservation easements on site: SFWMD Conservation Easement#1: Includes 3.11 acres,2.29 acres of which are (612)mangrove wetland and 0.82 acres of(540)Bays and open water estuaries. SFWMD Conservation Easement#2: Includes 0.48 acres of(612)mangrove wetland along Haldeman Creek and the adjacent canal. DEF Conservation Easement#3: Includes 1.62 acres,0.63 acres of which are the (422,437,612)Brazilian pepper,Austrailian pine,mangrove,0.64 acres of(6I2) mangrove,and 0.35 acres of(743)spoil area. . The proposed created mangrove wetland area(Conservation Easement#3 with DEP) provides the potential for reclaiming what was historically mangrove swamp. The re- creation of 1 acre of wetland and enhancement and preservation of the remaining 0.64 acres will result in a more natural sediment accretion process. The rising and falling of the tides will flush water with sediment and suspended solids such as copper over these wetlands,which can facilitate natural accretion of sediments. These sediments contain nutrients and symbiotic bacterial and algal functions which can deposit in the mangrove areas and contribute to the fimctionality of the mangrove wetland. In this manner mangrove wetlands collect and uptake sediments in the water that include copper. Mangrove wetlands provide nutrient uptake and sediment/containment stabilization, which in turn provides a net improvement to water quality. JtiAAenzt ab Valise Section I J,Township SD South.Range 25 East,Colicr Caurity. Praave kiesseaffiest mad AdrotWoriag Plan September,2009 Additionally,the existing 2.72 acres of mangrove shoreline to the south(proposed project area)and 0.82 acres of open water is proposed to be preserved in Conservation Easements#1 and#2. This planted mangrove shelf along the property on the south side of Haldeman Creek has been successfully providing wetland function to the area for almost a decade. To characterize surrounding land use,the northern section of the property(mitigation area)lies within single family and multi family residences along Becca Ave.The southern part of the property(project area)abuts the Windstar golf course community and is within a single family and multi family residential area. This preserve management report focuses on the preserve management protocol and mitigation activities that.are proposed on the north side of Haldeman Creek. The mitigation area will restore what was historically mangrove wetland by removing the spoil from the original dredging of Haldeman Creek and providing a more natural grade for mangrove wetland habitat to thrive. The area will be planted with 3 gallon red mangrove plants and additional tidal wetland species if necessary. IL EXISTING CONDITIONS: The existing mangrove shoreline(612)on the south side of Haldeman Creek is to be preserved and monitored and maintained.as preserve per the guidelines of this ranagement plan. The property that lies north of Haldeman Creek is to be enhanced and preserved for water quality mitigation. This portion of the property currently has 0.70 • acres of mangrove wetland(612)with minimal exotic coverage. The remaining categories include the spoil area(743)along Haldeman Creek,which has mostly exotic species colonized on it,and mangrove areas that have been taken over by Australian pine (Cauarina litorea)and Brazilian pepper(Shins terebinthifolius)(612/437/422). Habitat Descriptions: The following paragraphs outline the basic composition of species assemblages found on- site of the mitigation area. While many more species are present than presented in this report,the following gives a brief description of the vegetative communities. • Section 11,Township 50 South,Range 25 Fast,Colter County Preserve Manegtrirent and Monitoring Plait March 2009 I. INTRODUCTION: The purpose of this report is to document the proposed preservation and enhancement activities for the 3.59 acres of SFWMD conservation easements on-site associated with the development project known as Fishermans Village. The proposed multi family housing development project encompasses a total of • approximately 20.51 acres in Naples, Florida approximately 0.2 miles west of the Bayshore Rd.bridge over Haldeman Creek and accessible by Lakeview Dr.heading west from Bayshore Rd. The property is located in Section 11,Township 50 South,Range 25 East, Collier County. The property is currently undeveloped and is surrounded by single and multi family residential communities and commercial waterfront, and is directly adjacent to the Haldeman Creek. The subject property includes the project area on the south side of Haldeman Creek and the mitigation area on the north side of Haldeman Creek. This document concentrates on the mitigation and monitoring activities proposed in the on-site preserve areas. The proposed mitigation includes exotic vegetation . removal,re-planting red mangroves(Rhizophora mangle),and on the.north side of Haldeman Creek,minor topographical enhancement to ensure the survival of planted red mangroves and the viability of natural recruitment of red mangroves. These activities will enhance existing mangrove wetlands,create wetlands that had previously lost their function due to spoil being placed in them;and remove the thick growth of exotics in those areas. This will enhance the wetland functions such as storage,attenuation,and filtration of the tidal waters that reach them, thus providing an overall improvement to water quality in the area, • There will be two SFWMD conservation easements on site: Conservation Easement#1: Includes 3.11 acres,2.29 acres of which are(612) mangrove wetland and 0.82 acres of(540)Bays and open water estuaries. Conservation Easement#2: Includes 0.48 acres of(612)mangrove wetland along Haldeman Creek and the adjacent canal. • The existing 2.72 acres of mangrove shoreline to the south(proposed project area)and 0.82 acres of open water is proposed to be preserved in Conservation Easements#1 and #2. This planted mangrove shelf along the property on the south side of Haldeman Creek has been successfully providing wetland function to the area for almost a decade. To characterize surrounding land use,the property(project area)abuts the Windstar golf course community and is within a single family and multi family residential area. This preserve management report focuses on the preserve management protocol and mitigation activities that are proposed south of Haldeman Creek. The mitigation area north of Haldeman Creek will be a third conservation easement with DEP. Exhibit 3.3 Application No. 080425-10 1 of 6 Fishermsns YRluge Section 1 I,Township 50 South,Range 25 Hest,Colter County. Preserve Marutganest Wad MCRDonlg POCK September,20D9 MAJOR FLUCFCS CATEGORIES WITHIN CONSERVATION EASEMENTS FLUCFCS FLUCFCS TOTAL POTENTIAL CODE DESCRIPTION ACRES JURISDICTIONAL WETLANDS 540 Bays and Estuaries 0.82 0.82 612 Mangrove 3.41 3.41 612/422/437 Mangrove Brazilian 0.63 0.63 Pepper,Australian Pine 743 Spoil Pile 0.35 Total 5.21 4.86 540 —Bays and Estuaries, . • This area is located just off of Haldeman Creek. It is mostly tidal with some fresh water drainage coming downstream of Haldeman Creek. The area is immediately surrounded by mangrove shoreline. 612 —Mangrove Swamp This area is located along the northeast section of the mitigation area. Red mangrove (Ryzophora mangle)is dominant with minimal (5- 10%)Brazilian pepper(Shinus terebinthtfolius). 612/422/437 Mangrove,Brazilian Pepper,Australian Pine This area is the northwest section of the mitigation area. This area was historically mangrove wetland,but has been impacted with sporadic spoil mounds,landscaping waste and solid waste trash dumping. There are some old growth mangroves that have been inundated with spoil,but due to the waste dumping, sporadic spoil piles,and heavy exotic growth there is no new recruitment of native wetland species. The Brazilian pepper and Australian pine dominate the coverage of this area at approximately 75%coverage. 743—Spoil Area This area has been previously disturbed by historic dredging of Haldeman Creek and the resulting spoil material. There are some old growth mangrove trees,but the area mostly consists of exotic species,including Brazilian pepper(Shines terebinthifolius)and java plum(Syzgtrnn cumin!). This area contains about 10%to 20%old growth mangroves and 80%to 90%Brazilian pepper and java plum. Section 11,rownchip 50 south Biederman,Village, Part,co/liet county. hewn Marrug o and hisomitankhg Pim Septembcr,2009 XII. PRESERVATION AND MITIGATION ACTIVITIES The 5.21 acres of on site preserve shall be placed into conservation easements with the Department of Environmental Protection (DEP) and South Florida Water M District (SFWRvMD) and enforcement rights shall be granted to DEP property owner shall be responsible for the costs associated with and SFWIvIcti The and keeping the preserve areas exotic free in enhancement t for this area will be filed and recorded prior to the perpetuity. Conservation easement for this construction of the proposed project. There are two types of wetland preservation and mitigation activities; creation of just under I acre (0.98 acre) of wetland area on the north sideaofHaldeman Creek (exotic removal, re-planting, and minor topographical preservation of 4.16 acres of a . enhancement), and the mangrove and bay/estuary wetland. Enhanced Wetland Area: 0.63 acres of existing clearing exotic removal to enhance wetlan mangrove wetland will undergo hand removal and maintenance and monitoring function. This area will require exotic Created Wetland Area: 0.35 acres of existing�activities to be employed in perp�h, with wetland elevations and species. This created uplands will�be dredged along g replaced Creek and be hydrated by the tidal cycle. This will lie along Haldemad monitoring activities to be employed in perpetuity.area vv�II also require maintenance and Preserved Wetland Area: 3.41 acres of existing During the monitoring and maintenance activities$this area may need supplemental wall be presexotic removal to enhance wetland function. This area will e uird eotic o removal maintenance and monitoring activities to be employed in also require exotic removal and Preserved Bays and Ealu®rier: 0.82 perpetuity. conservation easement#1. acres of open water will be included in Exotic Vegetation Eradication Brazilian pepper and Australian pine infestation is present throughout wetlands and a thorough eradication program will be implemented to eliminate these noxious plants from all preserve spaces. This program will include predominnte;ly hand clearing removal from existing mangrove (612) areas and mechanical removal from existing spoil (743) and exotic infested (437, 422) areas to create more mangrove wetland. Annual maintenance inspections and treatments will be necessary to eliminate the exotics that have already established a hold on the Properties.Once the removal efforts have been successful, bi-annual maintenance treatments should be sufficient to control future exotic growth. The preserve areas will be exotic free immediately following a maintenance activity. Beginning with the Time Zero Monitoring report, at no time shall the density of exotic and nuisance plant species exceed 3% of the total aerial coverage. Supplemental exotic plant removal will be required if coverage of exotic plants exceeds 3%. ibberaaaw Village Section 11,Tomlin 50 Scutt,Range 25 Fast,Collier County. Preserve Ms,seg neat and Monitoring Pion September,2009 Replanting Plans Created Wetland Area The proposed created wetland area will include exotic removal on the land adjacent to the Haldeman Creek(Spoil area - 743), grading the slope toward the river and the existing red mangroves, and immediately re-planting red mangroves to improve the wetland function and habitat in this area. Due to the large amount of exotic vegetation in the proposed created wetland areas, mechanical removal will be required. After removing the spoil mound and shaping (see cross section A-A and B-B) the restoration area will be planted with a mix of appropriate wetland species to include. Species Specification Red Mangrove 3 gallon (Rhizophora k) - "Cemtgass I gallon (,5partaw sppJ 0 wyeatbeden I gallon . (tcraatid um app) *This list is not all inclusive and alternative appropriate native vegetation may be used. "These items are proposed supplemenially,the initial planting will be all red mangrove on 5ft centers. All planting material will be planted on 5ft.centers. These plantings will be red mangrove,which will be hydrated by the normal tidal cycles. The planting will take place by band in 6 to 10 inch deep holes in the created wetland area. The elevation-that red mangroves are placed is the most critical component to successful planting. The red mangroves must be planted between-0.5 and+1.5 NGVD to be inundated during most flood tides and exposed at most ebb tides. The initial planting will consist of all red mangroves, the cordgrass and leatherfern will be planted supplementally on an "as needed" basis. After the first annual monitoring report, if there are areas that the elevation does not support healthy mangrove growth, then cordgrass and leatherfern or similar estuarine tolerant native plants may be used to supplement these areas of wetland. IV. MONITORING/MAINTENANCE J MANAGEMENT: The goals and objectives of this monitoring plan will be to provide for ongoing progress and ultimate success of preserved and enhanced areas in a series of scheduled monitoring reports. The reports will quantify and describe conditions within the managed areas, comparing observations with the proposed standards and offering advice for corrective actions if needed, p Flabennan Section 11,Township 50 South,Ra< 25 East,Co11ie.CeeelY. P ►'e Misegenanrt and diontionfi r Peas Sep(eber,2009 This monitoring program will extend for a period of 5 years, following report. Each mitigation and preservation area should contain 80%survival of the planted desirable obligate and facultative species. This 80% survival rate should be maintained for each of the five annual reports and at the end of the 5 year entire mitigation area should contain 80°% cov mgate and period the species. erage of native obligate and facultative Maintenance will be done regularly to ensure the into preserve/mitigation areas. Themaintenance grity and viability of the wetland that the preserve/mitigation areas are e exotic veoetatiiond� perpetuity defined by the Florida Exotic Pest Plant Council) immediately folio (as currently defined by Total coverage of exotic and nuisance plant species.should consist of noo moree activity. of the preServe/mitigation area and shall not dominate one particular area on the site. /o In areas of heavy vegetation, a visual inspection for.exotic plant invasion will be made aind all exotic vegetation found will be flagged, mapped and Meandering transacts will be followed in the reported for treatmend observation of wildlife during regular preserve areas for vegetative inventory and with plot sampling stations to dIIeonitoring. Photo points will be established along percent survival and percent coverage of planted and recruited plant species. The mitigation efforts shall be deemed successful when the area contains a minimum of 80%coverage of native vegetation,with less than 3%exotic and nuisance vegetation for a period of 2.years. The preserve areas will be maintained in an exotic free state in perpetuity. M'ulnitnrint ReDarts A. Baseline Monitoring Report will describe the existing conditions of the conservation areas prior to exotic eradication and supplemental planting. The Time Zero Monitoring Report will describe the aerial extent of exotic removal and other mitigation work, i.e. revegetation, photographs from referenced locations (see attached monitoring' transact exhibit), qualitative observations of wildlife usage and other information such as climatic and hydrological conditions and health of existing vegetation. Annual Monitoring reports shall document changes from the baseline conditions the success of the exotic eradication and identifies ways to maintain or improve these conditions. The natural recruitment rate will also be noted and documented in these reports. Each monitoring report will include aerial photographs depicting monitoring stations that will be marked. These monitoring stations will ensure that a reasonable comparison is made from one monitoring report to the next. Elsbertneee vtl1 ge Se mien 11,Township 50 South,Range 25 Past,Collier County. Prewar afar at rasa Marshaling Nam September,2009 Baseline,Time Zero and Annual Reports will include the following: • quantification of any revegetation of exotic species and recommendations for remedial actions. (After Time Zero,exotic coverage will not exceed 3%) • quantification of revegetation of cleared areas by native species incliirling dominant species and % cover by species. (After first annual monitoring report,native vegetation should establish at least 80%coverage.) • percent coverage,open space and water depths as appropriate. s Rate of natural recruitment observed will be recorded. Size and density of coverage for seedling mangroves will be reported starting from the first annual report on. • direct and indirect wildlife observations. Additional mangrove wetland habitat is a goal of the mitigation proposal. 6 site hydrological characteristics. The mangrove planting area will be checked at every monitoring period for proper hydrology. The main criteria for successful hydrology is to place the mangroves in the correct elevation (between+1.5 and-0.5 NGVD)to obtain the hydrology needed for successful mangrove growth * photographs from a referenced location and panoramic photographs. A photo point station will be identified with a PVC labeled stake. The main criteria for the success of the planted mangrove mitigation area is to place the mangroves in the correct elevation (between +1,5 and -0.5 NGVD) to obtain the hydrology needed for successful mangrove growth. The maintenance and management of the preserve areas will be the responsibility,of the owner/developer in perpetuity.When the property owners association acquires ownership of the property, maintenance and management responsibilities will transfer to that entity as well. At this time the said associations shall assume responsibility for the perpetual maintenance and management of the preserve and retained areas. Association documents will indicate the responsibilities, restrictions and limitations associated with the conservation areas. The conservation areas for Fiskermans Village will require regular maintenance. The maintcawoce activities may include,but are not limited to the following. ✓ follow-up eradication of exotic vegetation, * supplemental herbicidal treatment of trees/stumps to prevent re-growth after initial treatment. The maintenance activities will be performed annually for the first three years,then biannually(every two years)in perpetuity. • Section]1,Township 50 South,� Menem!Village 8�?-S East,Collier County. trve AtimpronerN Monkeying Fiat September,2009 IONITORING SCHEDULE Panoramic photographs will be provided along with a brief analysis of dominant vegetation. REPORT UE DATE DATE RECEIVED Preserve Management September,2009 Plan Baseline Report Upon permit receipt Time Zero Report Upon first activity completion (estimated exotic removal date) Six-month report Six months after Time Zero Report First Annual One year after Time Zero Second Annual One year after First Annual Third Annual One year after Second Annual Fourth Annual One year after Third Annual Fifth Annual One year after Fourth Annual Permit No 8AJ-2047-2042 (IP-CJW) Attachment C State Water Quality Certification/Permit The South Florida Water Management District Environmental Resource Permit (ERP) No. 11-03032-P issued on August 14, 2009 The Department of Environmental Protection ERP 11-0274817-001 issued on October 17, 2008 14 • SOUTH FLORIDA WATER MANAGEMENT DISTRICT RECEIVED MENTAL RESOURCE STANDARD GENERAL PERMIT NO.11-03032-P DATE ISSUED:Aupust 14,2009 AUG 71�r, Form IM0641 2009 08/65 PERMITTEE: LAKEVIEW DRIVE OF NAPLES,LLC TAMPA OFFICE G. 3530 KRAFT ROAD.STE 300 NAPLES,FL 34105 PROJECT DESCRIPTION: This application is a request for an Eritiirormtental Resource Permit authorizing Construction and Operation of a a 20.51-acre residential sieve surface water management system serving a Into 1-acre a Creek via on-site development known as Fisherman Village, with discharge management wetlands via the proposed master surface water PROJECT LOCATION: system. COLLIER COUNTY; SEC 11,14 TWP 5QS"ROE 25E PERMIT DURATION: See Special Corxlllian No:1. Code. See attacFted Rule 40E-4.321, Florida Administrative• • This to notify you of the Mende agency action concerning Notice of intent for . melon is ton pursuant to Rule 40E-'1.603 and Chirpier 40Ed0,Florhta/min�� . .C. OtlOd25•t0,doled pprp 25,200a. lased on the in (F.A.C.). bnn#tbn provided,oisldd rubs have bean adhered to and an Environmental Resource • Project subject to: Permit le in Bristol tor this 1. Not receiving a filed request far a Chapter 120,Florida Statutes.administrative hearing, 2. . the attached 16 General Conditions (See P , Y_4 of 7). • 3• the attached.27 Spedef Conditions(See Pipes: 6-7 O(7)and 4. the attached 6 Etthibit(e) should yar,ob)sct to these candittonc, shoul a public hearing ��refer a attached"Notice of Rights'which addressee the salter. /pub �C or other review hpe�� do not hear horn you in accords the of R Reese s;we contact this office you If you have ras to District's ctilorved g yam, /pits,'vre w11!assume that you r:onrur,�Bte vans Wncea'tMp this CERTIFICATE OF SERVICE action. (HEREBY CERTIFY I a ''Notice attached cfis� •R�lItMs�, Rights'has been marled to the Perrrtittae(and the persons fisted in the 120�(3),F S t � � p•m. on this 14th dayAu�gt, �� accordance with Section BY:,_, � . ' J Valera,A.E. ,,,. . Director,LWC Regulatory Division Comer County Service Center Certified mail number 7008 1140 0001 4113 94213 5 Page 1of7 Application No.: 080425-10 Page 2of7 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth In the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof,complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff.The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit, 1 Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shad be implemented prior to,and during construction,and permanent control measures shall be completed within 7.days.of any construction activity. Turbidity barriers shalt be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until•oonstruction is completed and soils are stabilized and vegetation has been established. All practices shall be In accordance with the guidelines end specifications described in-Chapter 6 of the Florida Land Devetopment Manual;,A Guide to Sound Land and.Water Management(Departritent of Environmental Regulation, 1988), Incorporated by reference In Rule 413E4.091, F.A.C. unless a project-specific erosion and sediment control plan is approved as part of-the•permit Thereafter the permittee shall be responsible for the rempval of the barriers. The permittee shall correct any erosion or.shoaling that causes adverse impacts to the water resources: . • 4. The permittee shall notify the District of the anticipated construction start date wI hln 30 days of the'date • that this permit Is issued, Al least 48 hours prior to commencement of activity authorized by this•permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 Indicating the actual start date and the expected construction completion date.. 5. When the duration of construction will exceed'one year, the permittee shall submit construction status reports to'the District on an annual basis utilizing an annual status report form. Status report forms.shail be submitted the following June of each year. 6, Within 30 days alter completion of construction of the permitted activity,the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resourcelsurface Water Management Permit Construction Completion'Certification- For Projects Permitted prior to October 3, 1895 Form No. 08818, Incorporated by reference In Ruse 40E-1.659, F.A.C. The statement of completion end certification shall be based on entree observation of construction or review of as-buIlt drawings for tine purpose of determining If the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system Is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as'as-built"or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition(6)above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase,Form No.0920;the District determines the system to be in compliance with the permitted plans and specifications;and the entity approved by the District in accordance with Sections 9.0 and 10,0 of the Bests of Review for Environmental Resource Permit Apollo/0m fio.. 040425.10 Page 3 of 7 GENERAL CONDITIONS Applications within the South Florida Water Management District accepts responsibility r o maintenance of the system. The permit shall not be transferred to such g maintenance entity until the operation h' operation and Aeration hase of the permit becomes effective. Following operation and approval of the permitted system by p app�ed responsible y the District, the n9 rmito and operating entity it different from the a shall initiate transfer the permit te permit fe the pursuant to Section 40E-1.6107,F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of.the permitted system must be permitted plans and permit conditions prior to the Initiation completed uin se accordance with the located within the area served by that portion or phase i of the permitted use of site infrastructure of the system must be completed in accordance with the e.system, Each as phase or Independent transfer of responsibility for permitted plans and portion tY operation end maintenance of the phase or permit system prior to government or other responw3le entity. Portion of the system b a local s• For those systems that will be restriction systems in order that enable feaoreteaor maintained by an entity that wilt require an easement or deed such easement Or oe n blthat restriction entity operate or maintain the system in conformance with this such with any other final must be recorded In the public records and submitted to the District along Basis it Review for al operation and ours maintenance documents required by Sections 9.0 and 10.0 of the. B sis of eni Distrito prior to lot Environmental units sales a Permit applications within the South Florida Water first, Other documents concerning the estabiishmerntrand completion the e operating rating a entity must comet with the Secretary of State,coup or telly of tnd operating cntity must be filed 1Y municipal entities, Final operation and maintenance govebe received by the District when maintenance and operation of the system is a government entity. Failure to submit the a documents must - for ca ppmprlate final documents.will result in the permittee by the loam carrying out maintenance and operation of the permitted system r permit rn itio 10. Should any other r �and any other,perrni!conditions. District h Should in writing oeg a toys agency require changes to the permitted system,the pemtittee shall notify the permit modification is required ►mplsmentation so that a determination can be made whether a 11. This permit does not eliminate the necessity prior to the start the of n cessity to obtain any required federal,.state,local and special district authorize or create it the y activity approved by this permit This permit does not convey to the any entrance upon permittee any property right,or any interest in real property,nor does It authorize Don or activities on property which is not owned or controlled by the pe ese. or convey F.A.0 its or privileges other than those specified in the permit and Chapter 40E4 or Chapter 40E-+00, . 72. The permittee is hereby advised that Section 253.77, F.S. states that a erson excavation,construction,or other activity involving the use of sovereign or otther al dsy not commence any to which is vested in the Board of Trustees which lease, incense,easement, or other form internal Improvement Trust Fund w t oe State.the title required is rev consent authorizing the soul Therefore, the peitlee i commencing activity responsible on for obtaining nan or necessary ary authorizations from pr°BOard of T stte s prior to ors from the Board of Trustees prior(p 13. The permittee must obtain a W Use prior state-owned lands. for a general perms obtain a Water Sets permit for to construction dewatering, unless the work qualifies Subsection 40E-20.302{4 F.A,C.,also known as the No Notice'Rule. 14. The per shall hold and save the District harmless may arise by reason of the construction,afters not n tom any and elf damages, oval,a, or abandonment or use of any system authorized by the permit. operations,maintenance,removal,abandonment 15. Any delineation of the extent of a wetland or other surface water submitted as part of the Darnel Appkallon No.; 080425-19 Page d017 GENERAL CONDITIONS application,including plans or other supporting documentation, shall not be considered binding,unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale,conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain sable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspectf, sample end test the system to Insure conformity With the. plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall' immediately notify the appropriate District service center. 19. The permtttee shall immediately notify the District in writing of any previously submitted Information that Is later discovered to be inaccurate. k , Application No.. 080425.10 Paips 5 of 7 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on August 14,2014, z- Operation of the surface Water MASTER CONDOMINIUM ASSOCIATION,ON management INC.t Within one one the permit issuance of cr c NS Vint wit? the engineering certification of construction completion,whichever permit , the ni ee shall concurrent with a copy of the recorded deed restrictions (or declaration of condominiiuum if applicaable��soft!submit articles of incorporation,and a copy of the certificate of incorporation for the association. pit°f the filed 3• Discharge Facilities; Structure:CS#219 1-6'W X 8"H RECTANGULAR ORIFICE with invert at elev.3.75'NGVD 29. 18 LF of 18"dia.REINFORCED CONCRETE PIPE culvert. 124"W X 35'L drop inlet with crest at elev. 5.1'NGVD 29, • Receiving body:ON-SITE W51LANDS - Contra,elev:1.6 feet NGVD 29. • • 4. The permktee shaft be responsible for the correction of any erosion, shoaling or water • that result from the construction or operation of the surface water management system. quality problems •5• Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not Occur in the receiving water. 6. The District reserves thp right to into the drainage require that additional water quality treatment methods hi incorporated nag system if such measures are shown to be necessary. 7• f=acilities other than those stated herein shall not be constructed without an approved modification n of this 8. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100)feat of all permitted discharge structures no later than the submission of the certification location of the elevation reference must be noted.on or with the certification report. report The 9. The pemnittee shall provide routine management system in maintenance. of all of the components of the surface water Ys order.to remove ail trapped sediments/debris. All nomads shall be imposed of es required by law. Failure to properly maintain the system may result in adverse flooding conditions. • 10. This permit' is issued based on the appfcan'5 submitted information which adverse water resource related impacts will not be caused by the completed reasonably demonstrates Should that adverse impacts caused by the completed surface water man system occur,cuvrhh. Should any will requite the perrnittee to provide appropriate mitigation to the Distri o a ther t ed patty. he District will cause oftrthe adverse imps s modify surface water management system, ff necessary,to eliminate the 11. The Perrniitee acknowledges, Resource or Surface wiedg that pursuant to Rule 40E-4.101(2), F.A.C., a notice of Environmental to the specii is language of the�ethis notice shall not be considered county P ncu records. Pursuant �e�' an encumbrance upon the 12. Minimum building floor elevation:CONTROL BASIN- 10.30 feet NGVO 29. 13. Minimum road crown elevation:CONTROL BASIN- 5.70 feel NGVD 29. 14. The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan(Exhibit 4.0) and on the applicable approved construction drawings for the duration of the project's construction Application No,: 080425.10 Pagesof7 r SPECIAL CONDMONS activities. 15, The Urban Stomwater Management Plan shall be implemented in accordance with Exhibit 5.0. 1e. The following exhibits for the permit are incorporated by reference herein and are located in the permit file. In addition,these exhibits can be viewed on the District's ePermitting website under this application number. Exhibit 6.0 Home Owners Association(HCA) 17. Endangered species, threatened species and/or species'of special concern have been observed onsite and/or the project contains-suitable habitat for these species.,It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S.Fish and Wildlife Service for appropriate guidance, recommendations and/or-necessary permits to avoid impacts to listed species. . .Prior to the commencement of construction,the permittee shall conduct a pre-construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to'discuss• construction methods end sequencing,including type and'iocatian of turbidity and erosion controls to be implemented during construction,mobilization and staging of contractor equipment,methods of vegetation cleating,wetland protection methods, endangered species protection with the permittee and contractors. The permittee shall contact District Environmental Resource_Compliance staff from the Lower West Coast • Service Center at 239-338-2929 to schedule the pre-constriction meeting. 1e. Prior to the.commencement'of construction, the perimetier of protected wetland/conservation areas shalt be staked and slit fenced to prevent encroachment into the protected areas. Using Global Positioning System (GPS)technology, the perimeter of the preserve areas)shell be identified for future reference. The data shall be differentially corrected and accurate to less than a meter (+/- one meter or better). Electronic copies of the GPS data shalt be provided to the District's Environmental Resource Compliance staff. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of staking/slit fencing and schedule an inspection of this work. The staking and silt fencing shall be subject to District staff approval. The permittee shall modify the staking and silt fencing if District staff determines that it is insufficient or Is not in conformance with the'intent of this permit, Staking and slit fencing shall remain in place until all adjacent construction activities are complete. 20. A mitigation program for Fisherman's Village shall be implemented in accordance with Exhibit No.3.3-3.5. The permittee shall enhance 3.59 acres of wetland compensation areas. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onslte or offsite wetlands, upland conservation areas or buffers,or other surface waters have occurred due to project related activities, 22. A monitoring program shall be implemented in accordance with Exhibit No. 3.3-3.4. The monitoring program shalt extend for a period of 3 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80%survival of planted vegetation_ The 80%survival rate shall be maintained throe stlout the remainder of the monitoring program,with replanting as necessary. if native wetland,transitional,and upland species do not achieve en 80%coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the and of the 3 year monitoring program the entire mitigation area shall contain an 80%survival of planted vegetation and an 80%coverage of desirable obligate end facilitative wetland species. 23. A maintenance program shall be implemented in accordance with Exhibit No. 3,3-3.4 for the preserved/enhanced wetland areas on a regular basis to ensure the integrity and viability of those areas Application No. 084425-r0 Page 7 of 7 SPECIAL CONDf170NS as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation(as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas. inducting buffers,maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not conservation areas such rthat exotic/nu saence plant species In do not dominate any on shall c manage the areas, any one section of those 24. Permanent physical markers designating the preserve status of the wetland preservation areas and buffer zones shall be placed at the intersection or the buffer and the line or development, a maximum of 300' intervals. These markers shall be maintained in perpetuity. 25. Activities associated with the knplementation of the mitigation, monitoring and maintenance plan(s)shall be,completed in accordance with the wcirk schedule attaed as Exhibit No, 3.5. Any deviation from these ch e time frames will require prior approval from the District's Envin:inmentel Resource Compliance staff. Such requests mist be made in writing and shall include (1) reason for the change. (2) proposed start/finish and/or completion dales; and(3)progress report on the status of the project development or mitigation effort, 26. Prior to commencement of construction and In accordance with the work schedule in Exhibit 3.5 the ms permittee shall submit an electronic or ha copy version of the certified copy of easement for the mitigation area(s) and associated buffer(s): Thee cctronic the recorded the recorded conservation easement; and associated GIS'information described below, shall be submitted via the District's ePerrnitting/eCompilance website. The GIS data shall be supplied in a digital ESRI Geodatabase(mdb),ESRI Shapefiie(she)or AutoC/AD Drawing interchange(dxf)file format using Florida' State Plane coordinate system, East Zone (3601), Datum NAD83, BARN with the map units in feet. A map depicting the Conservation Easement over the best available satellite or aerial imagery shall also be provided. If the information is provided via hard copy the GIS data shall reside on CD disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. . The recorded easement shall utilize the form attached as approved form must receive Exhibit District Any ease proposed modist be fto ree the encumbrances or interests in the easement consent from the District, The easement must be free of easement. In the event it is later determined that there District encumbrances rmines are or interests to the intent of the which the District determines are contrary se easement, he a eitteesth shall the easement provide release or subordination of suchencumbrrances nt,fhe permitted sha!!be required to 27. Mangrove trimming is limited to activities detailed in the 2008 Permit(11-0274817-001)for finger piers and walkways along Heide man Cnreek.EAil mangrove i Protection activities shall be acco pfictied lot,a certified tb�sei mangrove dan trimming Mangrove Trimming end Preservation Act(Sections 403.9321-403.9333 Florida� Statutes).a fiance with the Florida Department DECEIVED Environmental ProtectiorAUG 2 8 2114 F iyy South Disirtct 0111a TAMPA REG. s. -k- .r. P.Q.Box 2349 Ft.Myers,Florida 33902 15I9 OFFICE SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVIRONMENTAL RESOURCE PERMIT PERMITI'EF/AUTHORIZED ENTITY: Lakeview Drive of Naples,LLC Permit/Authorization Number: c/o Joseph K.Cunningham 11-0274817-001 3584 Exchange Avenue • Date of Issue: Naples,FL 34104-3732 October 17,2008 Expiration Date of Construction Phase: October 17 2013 County: Collier County • Project: Construction of a 42 slip docking facility This project requires an individual Permit. The Department,is issuing this permit ambit the authority of Part IV of Chapter 373, Florida Statutes (F.S,), and Chapters 62-33C and 0.-343; (P A.C.), and the. Operating Agreements adopted between the Department and the wiltet management districts in Chapter 62-113, F.A.C. This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. The State of Florida herein notifies the U.S.Army Corps of Engineers and any other interested parties that this permit is issued under the"net improvement"provision of Section 403918(2)(b), F.5.,and does not constitute a Federal Water Certification. The Title and Land Records Section,Department of Environmental Protection,has reviewed the location of the proposed project as described in the above referenced application and has determined that the project,as described,does not involve the use of sovereign submerged kinds Accordingly,no further authorization will be required from the Submerged Lands and Environmental Resources Program,designated agent to the Board of Trustees of the Internal Improvement Trust Fund,pursuant to Chapter 253.77,F.S. A copy of this authorization also has been sent to the U.S.Army Corps of Engineers(USACOE)for review. The USACOE may require a separate permit Failure to obtain this authorization prior to construction could subject you to enforcement action by the USACOE. You are hereby advised that authorizations also may be required by other federal,state and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. Permittee: Lakeview Drive of Naples,LLC Permit No.: 11-0274817-001 Page 2 of 12 The above named Perrnittee is hereby authorized to construct the work shown on the application and approved drawing(s),plans and other documents attached hereto and made a part hereof. This permit is subject to the limits,conditions,and locations of work shown in the attached drawings,and is also subject to the attached 18 General and 29 Specific Conditions,which are a binding pare of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance with all the terms,conditions and drawings. If you are utilizing a contractor,the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for-revocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/certification/authorization,as specifically described below, 'ACTIVITY DESCRIPTION: • • The project is the construction of a docking facility to accommodate forty-two(42)vessels up to 30' in length and includes maintenance dredging ofapproximately eight hundred and ten(810)cubic yards of material. The proposed over water docking structure measures approximately 8,540 square feet and contains: • 1) 'five(5) access walkways,three(3)that measure six(6)feet wide and forty(40)feet long and two(2)that measure eight(8)feet wide and forty(40)feet long; 2) a marginal dock measuring six(6)feet wide and 920 feet long; 3) eleven(11) finger piers measuring four(4)feet wide and twenty-five(25)feet long; • 4) four(4)finger piers measuring four(4)feet wide and thirty(30)feet long;and 5) twenty(20)sets of triangle flares measuring two(2)feet by two(2)feet, • ACTIVITY LOCATION: Located ah N 26e 07'15",W 81'46'40"off of Lakeview Drive,Naples 34112(folio numbers 00388360026 and 61835520008),Collier County,Section 11,Township 50 South,Range 25 East, Class 111 Waters. GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and a violation of Part Four of Chapter 373,(FS.). 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The perrnittee shall Permittee: Lakeview Drive of Naptes,LLC Permit No.:II-0274817-00i Page 3of12 • require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violations of state water quality standards. Temporary erosion control shall be implemented prior to and during constriction,and permanent control measures shall be completed within seven(7) days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter Six of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1488),'unless a project-specificerosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources, 4. The petznittee shall notify the Department of the anticipated construction start date within thirty(30) days of the date that this permit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement"notice (Form No. • 62-343.900(3),(F.A.C.))indicating the actual start date and expected completion date. 5. When the duration of construction will exceed one year the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-343.900(4), P.A.C.). . Status Report Forms shall be submitted the following June of each year 6. Within thirty (30) days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Fnvirorsmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The Statement of completion and certification shall be based on on-site observation of construction or review of as built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally,if deviations from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations note. Both the original and revised specifications must be dearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition number six(6) above,has submitted a "Request for Permutes: Lakeview Drive of Naples,LLC Permit No.; 11-0274817-002 Page 4 of 12 Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62- 343,900(7), F.A.C); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District--August 1995,accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of permit to the approved responsible operation entity if different from the permittee. Until the permit is transferred pursuant to Rule 62-343.110(1)(d), P.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted ' use of site infrastructure located within the area served by that portion or phase.of the system. Each phase or independent portion of the system must by, completed in accordance.with the 'permitted plans and permit conditions prior •to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity:, 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable"that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District—August 1995, prior to lot or unit sales or prior to the completion of the system,whichever occurs first. Other documents concerning the establishment and authority of the operation entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system,the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. H. This permit 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 this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property,nor does it authorize any entrance upon or activities an property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 4011.4 or Chapter 40E-40,F.A.C. Permitter; Lakeview Drive of Naples,LLC Permit No.:1:4/274817-001 Page 5 of 12 12. The perreittee is advised that the rules of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering,unless the work qualifies for a general permit pursuant to Rule 40E-20302(4),F.A.C.,also known as the"No Notice"rule. • 13. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance,removal,abandonment or use of any system authorized by this permit. 14. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting docurt+entation, shall not be considered binding unless a specific condition of this permit or a formal determination under Section 373.421(2).F.S.,provides otherwise, 15. The permittee shall notify the Department in 'writing within 30 days of any sale, conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 62-343130, F.A.C, The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer of the system. 16. Upon reasonable notice to the pennittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 17. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate.Depart rent office. 18.. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. SPECIFIC CONDmONS: Facility Construction: 1. Forty-eight (48) hours prior to commencement of work authorized by this permit, the Permittee shalt provide written notification of the date of the commencement, using FDEP Form 62-343.900(3), F.A.C., and proposed schedule of construction to the Submerged Lands and Environmental Resources Program, Department of Environmental Protection, Fort Myers District office,P.O.Box 2549,Fort Myers,FL 3339022549, 2. Any deviation from the specific permit conditions or permit drawings shall not be undertaken without modification of this permit and submittal of the appropriate rocessing fee. Deviations shall include,but not be limited to,construction of any upland improvements such as paving or buildings. Permittee: Lakeview Drive of Naples,LLC Permit tJo.:II-0274817-007 Page 6 of 12 3. If the approved permit drawings conflict with the specific conditions,then the specific conditions shall prevail. 4. All areas to be dredged shall be in accordance with the attached permit drawings and shall not exceed the areas and depths indicated on those drawings. 5. The spoil material shall be deposited in a self contained upland site that prevents return of any water or material in to Waters of the State indicated on the project drawings. 6. Turbidity screens with weighted skirts thatextend to the bottom shall be used and properly maintained during the permitted construction(dredging). The turbidity screens shall remain in place until any generated turbidity subsides. The screens shall surround the work area and contain any turbid waters generated from the project construction. 7. The permittee and the contractor shall be responsible for ensuring that turbidity control 'devices are inspected and maintained in good working order so that turbidity levels in waters outside of the turbidity screens do not exceed the state's water quality standard for turbidity in Class Ill waters(29 nephelometric turbidity units (NTUs)above background). The following measures shall be taken by the permittee whenever turbidity levels outside of the turbidity screen exceed 29 NTUs: Immediately cease work contributing to the water quality violation. • Modify the work procedures that were responsible for the violation and install more turbidity containment devices and repair any non-functioning turbidity devices. Notify the Submerged Lands and Environmental Resource Permitting program of the DEI' South District Office within 24 hours of the time the violation is first detected. 8. The project shall comply with applicable State Water Quality Standards,namely: Rule 62-302.500,F.A.C.—Surface Waters:Minimum Criteria,General Criteria;and Rule 62-302.530,P.A.C.—Table: Surface Water Quality Criteria-Class II Waters 9. The work authorized by this permit shall not be conducted on any property,other than that owned by the permittee,without the prior written approval of that property owner. 10. All storage or stockpiling of tools or materials(i.e.lumber,pilings,etc.)shall be limited to uplands,pursuant to Chapter 62-340,F.A.C. 11. Best management practices for erosion and turbidity control(primarily turbidity screens) shall be implemented and maintained at all times during construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Chapter 62-302, F.A.C. The Permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases Permittee: Lakeview Drive of Naples, LLC Permit No.:11-0274817-001 Page 7 of 12 of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion,siltation, and turbid discharges. 12. All areas disturbed by construction activities shall be stabilized with permanent erosion control measures as soon as practicable and prior to removal of erosion control devices. Permanent erosion control measures shall include seeding,sodding,or planting with native vegetation, 13. All chemically-treated pilings associated with the permitted docking structures and .mooring piles shall be wrapped with impermeable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings,shall extend from at least 6"below the level of the substrate to at least 1'above the mean high water line and shall be maintained over the life of the facility. 14. .If historical or archaeological artifacts,such as Indian canoes,are discovered at any time within the project site the permittee shall i mnediately notify the district office and the Bureau of Historic Preservation,Division of Historical Resources,R. A.Gray Building,500 S.Bronough.St., Tallahassee,Florida 32399-0250. 15; If prehistoric artifacts,such as pottery or cerarnicsistone tools or metal implements,dugout canoes,or any other physical remains that could be associated with Native American cultures,or early colonial or American settlement are encountered at any time within the project site area,the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee,or other designee,should contact the Florida Department of the State,Division of Historical Resources,Review and Compliance Section.at(850) 847-7278,as well as the appropriate permitting agency office.`Project activities should not resume without verbal and/or written authorization from Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities,all work shall stop immediately and the proper authorities notified in accordance with Section 872.05,P.S. Manatee Conditions; 16. The Standard Manatee Conditions for 1n-Water Work(revision 2005)shall be followed for all in-water activity(attached to this permit). 17. Within 30 days prior to slip occupancy,the permittee shall install permanent educational is anstee signs in accordance with Florida Fish and Wildlife Conservation Commission(FWC) guidelines,including FWC approval for number,type,and location of signs. The permittee agrees to replace signs in the event the signs fade,become damaged or outdated,and maintain these signs for the life of the facility. The guidelines for installation can be found at http://myfwc.tom/manateelsignsl,or can be obtained from FWC.Contact the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section at:620 South Meridian Street,6A,Tallahassee,Florida 32399-1600(telephone 850/922-4330). • • Perrnittee: Lakeview Drive of Naples,LLC hermit No.:11-027481?-001 Page 8 of 12 Mitigation and Monitoring: 18. As net improvement of water quality,the permittee shall restore and enhance the property owned by the permittee on the north side of Halderman Creek,currently under Conservation Easement,through the removal of spoil from the original dredging of Halderman Creek and planting of red mangroves(Rhizophora mangle),cord grass(Spartina spp.)and leatherfem (Acrostichum spp.). 19. The maintenance and monitoring of the preservation area shall be conducted as outlined in the attached"Lakeview Drive Mitigation and Monitoring Plan". 20. All exotic and invasive vegetation,including Brazilian pepper(Schinus terebinthifolius), punk tree(Melaleuca quinqueneruia),Australian pine(Casuarina equisetrfoita),vines,and other exotic and invasive vegetation listed on the latest list of the Honda Exotic Pest Plan Council shall be hand • removed from the project shoreline. Any cut stumps shall be immediately treated with herbicide, All treated material shall be stained with a visible dye for confirmation of the.treated areas. Herbicide composition and application rates shall be in accordant*with EPA approvals and applied by a State licensed herbicide applicator in accordance with applicable material safety data sheets'and label directions. The shoreline shall be maintained free from exotic and.invasive vegetation for the life of the permit, At no time shall exotic and invasive vegetation exceed 5% coverage. Operations: • 21. All future authorized replacement pilings for support of the docking structures and for boat mooring shall be non-chemical-leaching.(recycled plastic,concrete,gneenheart,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). 22. No liveaboard vessel shall be moored in any boat slip at the permitted docking facility. A • liveaboardrshall be defined as a vessel docked at the facility that is inhabited by person or persons for any five consecutive days or a total of ten days within a thirty-day period. 23. No fueling facilities or fuel storage shall be allowed at the docking facility and associated uplands. 24. Over-water fish cleaning stations or disposal of fish wastes in the water shall be prohibited for the life of the facility. 2.5. No sewage facilities shall be permitted at the project. 26. For the life of the facility,the permittee shall implement the attached Marina Operations and Management Plan for Lakeview(or a Department approved modification of the same)that addresses,at a minimum,the following; education programs,boat maintenance and repair, dock construction,organic accumulations,fuel/oil spill containment,and hazardous waste Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 9of12 3_ management. A violation of the above referenced Marina Operations and Management Plan for Lakeview is a direct violation of this permit. Modifications to this plan may be made upon written agreement by both parties. 27. To assist in preventing the discharges of marine sewage,combustible or other hazardous materials,gray water(shower,dish washing and laundry discharges)or bilge water,permittee shall install a sign of sufficient size(minimum 2 feet by 3 feet)to be clearly readable by boaters using the docking facility. The sign shall include language approximating the following: "All Vessel Discharges,Including Gray Water and Discharges From Marine Sanitation Devices,Are Strictly Prohibited At This Manna. Please avail Yourselves of Our Shoreside Facilities." 28. Boat maintenance or repair activities requiring removal of a vessel from the water dr removal of any major portions of the vesseL.includizng the engine for purposes of repair or maintenance on site are prohibited for the life of the facility,except where removal is necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel. 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 w ill not cause or contribute to the release of water pollutants and Which are performed by owners or qualified marine mechanics are allowed. ' 29. The operation of the project shall comply with applicable State Water Quality standards, namely: Rule 62-302.500 F.A.C.,Surface Waters:Minimum Criteria,General Criteria Rule 62-302.530 F.A.C.,Table:Surface Waters Quality Criteria. RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S.as provided below. If a sufficient petition for an administrative hearing is timely filed,this action automatically becomes only proposed agency action on the application,subject to the result of the administrative review process. Therefore,on the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because art administrative hearing may result in the reversal or substantial modification of this action,the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 12057,F.S. The petition must contain the information set forth below and must be filed(received by the clerk)in the Office of Permittee; Lakeview Drive of Naples,LLC Permit No.; 11-0274817-001 Page I0 of 12 General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000, Under Rule 62-110.106(4),F.A.C.,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 Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a timely and sufficient petition for an administrative hearing is filed,other pe substantial interests will be affected by the outcome of the administrative whose petition to intervene in the proceeding. Intervention will be permitted on only at the have the riof t to e presiding officer upon the filing of a motion in compliance with Rule 2B-106.205 F.A.Cretion of the In accordance with Rule 62-110.106(3)(a)(4),F.A.C.petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S.,must be filed within 21days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The petitioner shalt mail a copy of the petition to the applicant at the address indicated above at the timer of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57,RS. A petition that disputes the material facts on which the Department's action is based must eontain the following information: (a) The name and address of each agency and each agency's file or identification number,if known; (b) The name,address and telephone number of the petitioner;the name,address and telephone number of the petitioner's representative,if any which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; f , Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274617-001 Page 11 of 12 • (e) A concise statement of the ultimate fads alleged,including the specific facts that the petitioner contends warrant reversal or,modification of the agency's proposed action; (I) A statement of the specific Rules or Statutes that the petitioner contends require reversal or modification of the agency's proposed action;and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c)and(d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely Filed. This permit constitutes an order of the Department, Subject to the provisions of paragraph 120.68(7)(a),F.S.,which may require a remand for an administrative hearing,the applicant has the right to peek judicial review of the order under Section 120.68 of the F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000;and by filing a copy of the notice of appeal accompanied by the • applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is fled with the Clerk of the Department. The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S.,may also seek appellate review of the order before the Land and Water Adjudicatory Comnmission under Section • [This portion intentionally left blank] Permittee: Lakeview Drive of Naples;LLC Permit No.: 11-0274817-001 Page 12 of 12 373.114(I)or 373.4275,FS.. Requests for review before the Land and.Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Executed in Lee County,Florida STATE OP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Iglehart '�~' Director of District Management MI/LB/AP/op Enclosures 8 pages Lakeview Drive Mitigation and Monitoring Plan attached 9 pages Marina,Operations and Management Plan for Lakeview attached 15 drawings attached 4 forms attached Copies furnished to US.Army Corps of Engineers,Fort Myers;Log a 10154 . Department of Community Affairs . Florida.Fish and Wildlife Conservation Commission,Imperiled Species Management Section Collier County Property Appraiser • CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit,including all copies were mailed before the close of business on 11 y„ .,200refo the above listed persons, FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 12052(9), F.S.,with the designated Department clerk, receipt of which is hereby acknowledged. 1 Clerk Date aaa- Permit No SAJ-2007-2042 (IP-CJW) Attachment D Self-Certification Statement of Compliance 15 Permit No SAJ-2007-2042. (IP-CJW) SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number. SAJ-2007-2042 (IP-CJW Permittee's Name & Address (please print or type) : Telephone Number: Location of the Work: • • • Date Work Started: Date Work Completed: • • Description of the Work (e.g. bank stabilization commercial filling, dredging., residential or g, docks, 9� Q, etc.) : • • • • Acreage or Square Feet of Impacts to Waters of the United States: • Describe Mitigation completed (if applicable) : Describe any Deviations from permit deviations) : (attach drawing(s) depicting the I certify that all work, and mitigation (if a pplicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s) . Signature of Permittee Date 16 Permit No SAJ-2007-2042 (IP-CJW) Attachment E "Standard Manatee Conditions for In-Water Work" (July 2005) • 17 STANDARD MANATEE CONDITIONS FOR 1N-WATER WORK 2009 The shall comply with the following conditions intended to protect manatees from direct ecf project a. All personnel associated with the project manatee speed zones, and the need to avoid lcolli collisions and injury o manatees. The permit shall advise all construction presence of manatees and harming,harassing, or killing manatees which are protected under the Mane Mammal Protection the Endangered Species Penalties for pecies Act and the Florida Manatee Sanctuary Act. ection b. Alt vessels associated with the.Construction project shall operate at"Idle Speed/No Wake"at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom All vessels will follow routes of deep water whenever. possible. •c, Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured,and shall be regularly entanglement or entrapment. Barriers must not impd mnateetmovemen rd manatee d• All on-site project personnel are I of manatee(s). All in-water responsible cld+ vessels,e must be shutdown if a manatee(s) including water-related activities for the presence comes within 50 feet of the operation. Activities-will not resume until the beyond the 50-foot radius of the project operation or until 30 minutes elapses if the e(s) has not reappeared manatee(s)has moved PP red within 50 feet of the operation. Animals must not be herded away into leaving. Y or harassed e. Any collision with or injury to Bing cojli collision with Cr in ury o a manatee shall be reported immediate to Service in WCC Cole 1- injury should also be reported to the U.S. Fish and Wildlife a at 1- south Florida. ( -731-3338)for north Florida or Vero Beach(1-772-582-3909) f. Temporary signs concerning marts activities. All g tees shall be posted prior to and during all in-water project signs are to be removed by the n9 signs that have already been approved for this upon completion of the project.Con Awareness anon Commission(FWC)must be used(see by the Florida Fish and Wildlife Conservation must be posted. A second sign measuring least$1�One sign which reads Caution:Boaters "Idle Speed/No Wake"and the shut down of in-water-operations 11"eain p the requirements for prominently visible to all personnel engaged in water-related activities. meted in a location CAUTION : MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all In-water activities must SHUT DOWN Report any collision with or injury to a manatee: 4011145116 Wildlife Alert: 1-888-404-FWCC(3922) cell *FWG or #FWC Permit No SAJ_2007-2042 (IP-CJW) Attachment F Standard Protection Measures for the Eastern Indigo Snake (Service 2004) • • 18 STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE i An eastern indigo snake protection/education plan shall be developed by the applicant or requestor for all construction personnel to follow, The plan shall be provided to the Service for review and approval at least 30 days prior to any clearing activities. The educational materials for the plan may consist of a combination of posters,videos, pamphlets,and lectures(e.g., an observer trained to identify eastern indigo snakes could use the protection/education plan to instruct construction personnel before any clearing activities occur). Informational signs should be posted throughout the construction site and along any proposed access road to contain the following information: a. a description of the eastern indigo snake, its habits,and protection under Federal Law; • b. instructions not to injure,harm,harass or kill this species; c, directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site on its own before resuming clearing;and, d. telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered. The dead specimen should be thoroughly soaked in water and then frozen 2. If not currently authorized through an Incidental Take Statement in association with a Biological Opinion,only individuals who have been either.authorized by a section 10(a)(1)(A)permit issued by the Service,or by the State of Florida through the Florida Fish Wildlife Conservation Commission-(FWC)for such activities,are permitted to come in contact with an eastern indigo snake. 3. An eastern indigo snake monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases. The report should be submitted whether or not.eastern indigo snakes are observed. The report should contain the following information: a. any sightings of eastern indigo snakes and b. other obligations required by the Florida Fish and Wildlife Conservation Commission,as stipulated in the permit. Revised February 12, 2004 • Permit No SA47-2007-2042 (IP-Cjw) Attachment G "Sea Turtle and Smalltooth Sawfish Construction Conditions" (March 23, 2006) • 19 t a 'WIN UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration R _ # NATIONAL MARINE FISHERIES SERVICE L Southeast Regional Office aa"`s' 263 13th Avenue South St.Petersburg,FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The perrnittee shall comply with the following protected species construction conditions: a. The perrrnittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smailtooth sawfish, All construction personnel are responsible for observing water-related activities for the presence of these species. b.. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the •Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled,be properly secured,and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or'anralltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division,St.Petersburg,Florida • d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all tithes while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom, All vessels will preferentially follow deep-water routes(e.g.,marked channels)whenever possible, e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement,all appropriate precautions shall be implemented to ensure its protection, These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltootb sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smailtooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division(727-824 53 12)and the local authorized sea turtle stranding/rescue organization. g, Any special construction conditions,required of your specific project,outside these general conditions,if applicable,will be addressed in the primary consultation. Revised;March 23,2006 O:\formns\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc • .a� Permit No SAJ-2007-2042 (IP-CJw) Attachment B As-Bull is 20 AS--BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as built a ugineeriug drawings to the U.E. Amer Corps of winners, Special Projects and Enforcement Branch, Attn: Toe Farrell, 10117 Princess papa Avenue, Smite 120, Tampa, Florida 33610. If you have questions regarding this regesire®ent, please contact the Special Projects and Enforcement Branch at 813-7ES- 7072. 1, Department of the Army Permit r: SALT-2007-2042 2. Permittee Information Name • Address 3. Project Site Identification: • Physical location/address • 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions. to the permit, has been accomplished in accordance with the .Department of the Army permit with any deviations noted below. This determination is ,based upon on-site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. Signature of Engineer Name (Please type) (FL, PR or VI) Rag. Number Company Name ' Address City State ZIP • (Affix Seal) Date Telephone Number -2- DevistionE from the approved permit drawings and special conditions:additional page& it CAtiBiy) • • • { DEPARTMENT OF ENVIRONMENTAL PROTECTION 400 Q loam FLORIDA DEPARTMENT OF R►(K SC 01 t 'S GOVERNOR ENVIRONMENTAL PROTECTION �. t►ERS("hlEl 1. AtIN1'ARt)JR. I- te 0 . }f South District Office SE('RE7AR1' 1�" P.O.Box 2549 glatilantallallar Fort Myers,FL 33902-2549 VIA ELECTRONIC MAIL October 7,2013 Standard Pacific and Florida GP,Inc. c/o Michael DeBock 405 N. Reo Street,Suite 300 Tampa,FL 33609 marie ile @turrell-associates.cot<n Re: Collier County- ERP File No.: 11-0274817-002 Original Permit No.: 11-0274817-001 Dear Mr. DeBock: Your request to modify this permit has been received and reviewed by Department staff. The proposed permit modification(s)is to: Extend the expiration date of the permit 5 years After review by staff, the proposed modifications(s)is not expected to adversely affect water quality and will not be contrary to the public interest,provided the permit is amended as follows: Original Expiration Date:October 17,2013 New Expiration Date:October 17,2018 Since the proposed modification(s)along with the above amended permit conditions and monitoring requirements are not expected to result in any adverse environmental impact and water quality degradation,the permit is hereby modified as requested. By copy of this Ietter,we are notifying all necessary parties of the modification. This letter does not alter the permit other than as described above. This letter must be attached to the original permit. This modification is hereby granted unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57,Florida Statutes, (F.S.),before the Standard Pacific and Florida GP,Inc. Pile No.11-0274817-002 Page 2 of 4 deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition or an administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below an must be filed (received by the clerk)in the Office of General Counsel,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 filing of a petition for an administrative hearing may result in a 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 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 until the deadlines noted below for filing a petition for an administrative hearing,or request for an extension of time have expired. Under Rule 62-110.106(4),Florida Administrative Code (F.A.C.),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 Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. In accordance with Rules 28-106.111(2)and 62-110.106(3)(a)(4),F.A.C.,petitions for an administrative hearing by the applicant or any of the parties listed below must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3),F.S.,must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Standard Pacific and Florida GP,Inc. File No.11-0274817-002 Page 3 of 4 Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing) under Sections 120.569 and 120.57,F.S. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address and telephone number of the petitioner;the name,address and telephone number of the petitioner's representative,if any which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d)A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules and statutes that the petitioner contends require reversal or modification of the agency's proposed action;and (g)A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c)and(d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. The action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. Standard Pacific and Florida GP,Inc. File No.1.1-0274817-002 Page 4 of 4 This permit constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68,F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General 9 0 Counsel, Commonwealth n �e notice of appeal Station 35,Tallahassee,Florida 3239 by accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. Sincerely, Jon M.Iglehart Director of District Management JMI/msc cc U.S.Army Corps of Engineers CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby��certifies on October document, 2013 to the including all copies,was mailed before the above listed person(s). FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section (7),F.S.,with the designated Department clerk,receipt of which is hereby if\l Li ' Ot AN-e- October 7,2013 Clerk Date 71 FLORIDA DEPARTMENT OF alc k SC 0 1 1 GOVERNOR ENVIRONMENTAL PROTECTION HERSC NEI I VINYARD JR. ® , South District Office •It SECKET.4R1' P.O.Box 2549 Fort Myers,FL 33902-2549 VIA ELECTRONIC MAIL October 3,2013 Standard Pacific and Florida GP, Inc. c/o Michael DeBock 405 N. Reo Street,Suite 300 Tampa,FL 33609 marie:lle @turrell-associates.com Re: Collier County- ERP File No.: 11-0274817-003 Original Permit No.: 11-0274817-001 Dear Mr. DeBock: Thank you for your request to transfer permit# 11-0274817-001 issued to Lakeview Drive of Naples, LLC. The transfer of this permit to Standard Pacific and Florida GP, Inc. is hereby approved and effective. This letter must be attached to the original permit(enclosed). Please make both documents available on-site during construction. This notice of transfer does not alter the expiration date,Specific or General Conditions, or monitoring requirements of the permit. This letter must be attached to the original permit. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,Florida Statutes(F.S.)as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application,subject to the result of the administrative review process. Therefore,on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired. Mediation is not available. www.dep.state.fl.us Standard Pacific and Florida GP,Inc. Permit File#11-0274817-001 Page 2 of 4 A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing) under Sections 120.569 9 fid 120.57, contain F.S. The petition must contain the information set forth below (received by the clerk)in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Under Rule 62-110.106(4),Florida Administrative Code(F.A.C.),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 Counsel, 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000,before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it extension of time before the dear deadline was the result of the failure to file a request for an excusable neglect. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. In accordance with Rule 62-110.106(3),F.A.C.,petitions for an admin st ati Petitions g by the applicant must be filed within 21 days of receipt filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S.,must be filed with 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of Standard Pacific and Florida GP,Inc. Permit File#11-0274817-001 Page 3 of 4 that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57,F.S. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address and telephone number of the petitioner;the name,address and telephone number of the petitioner's representative,if any which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d)A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules and statutes that the petitioner contends require reversal or modification of the agency's proposed action;and (g)A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c)and (d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed, [THIS SECTION INTENTIONALLY LEFT BLANK] Standard Pacific and Florida GP,Inc. Permit File 41 11-0274817-001 Page 4of4 This action constitutes an order of the Department. Subject to the provisions of Section 120.68(7)(a),F.S.,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under Section 120.68,F.S.,by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. Sincerely, g J n I lehart Director of District Management JMI/msc Enclosures: Permit#11-0274817-001 cc: U.S.Army Corps of Engineers Lakeview Drive of Naples,LLC CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document, including all copies,was mailed before the close of business on October 3,2013,to the above listed person(s). FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52(7),F.S.,with the designated Department clerk,receipt of which is hereby acknowledged. October 3,2013 C (,, Date 901 Florida Department of Char Ci i ux ernar • Environmental Protection Jeff I:o:Il:any ""` • Li l,a','crnaT • South District Office y°w . P.O.Box 2549 Michael W.Sole Ft.Myers,Florida 33902-2549 Salem, SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVIRONMENTAL RESOURCE PERMIT FERMITTEE/AUTHORIZED ENTITY: Lakeview Drive of Naples,LLC Permit/Authorization Number: c/o Joseph K.Cunningham 11-0274817-001 3584 Exchange Avenue Date of Issue: Naples,FL 34104-3732 October 17,2008 Expiration Date of Construction Phase: October 17,2013 County: Collier County Project: Construction of a 42 slip docking facility This project requires an Individual Permit. The Department is issuing this permit under the authority of Part IV of Chapter 373, Florida Statutes (F.S.), and Chapters 62-330 and 62-343, (F.A.C.), and the Operating Agreements adopted between the Department and the water management districts in Chapter 62-113,F.A.C. This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. The State of Florida herein notifies the U.S.Army Corps of Engineers and any other interested parties that this permit is issued under the"net improvement"provision of Section 403.918(2)(b), FS.,and does not constitute a Federal Water Certification. The Title and Land Records Section,Department of Environmental Protection,has reviewed the location of the proposed project as described in the above referenced application and has determined that the project,as described,does not involve the use of sovereign submerged lands. Accordingly,no further authorization will be required from the Submerged Lands and Environmental Resources Program,designated agent to the Board of Trustees of the Internal improvement Trust Fund,pursuant to Chapter 253.77,F.S. A copy of this authorization also has been sent to the U.S.Army Corps of Engineers(USACOE)for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by the USACOE. You are hereby advised that authorizations also may be required by other federal,state and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. 'More Pm;rcl ron, 1 r.+s Process" 117171.dep.statc.11.us Permittee: Lakeview Drive of Naples,LLC Permit No.;11-0274817-001 Page 2 of 12 The above named Permittee is hereby authorized to construct the shown on aha pp ication and approved drawing(s),plans and other documents attached hereto and This ingma is is subject u the limits,the attached 18 Generaltand 29 Specific Conditions,which are a drawings,and is also subject t binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance l also hall the td and conditions de stand these drawings and nd condit ons prior to commencing contractor also should read and un the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except specific determined this to be in conformance with all applicable rules and with the general and p permit/certification/authorization,as specifically described below. ACTIVITY DESCRIPTION: The project is the construction of a docking facility to accommodate forty-two(42)vessels up to 30' in length and includes maintenance dredging of approximately eight hundred and ten(810)cubic yards of material_ The proposed over water docking structure measures approximately 8,540 square feet and contains: long five(5) access walkways,three(3)that measure six(6) feet wide and forty(40) g and two(2)that measure eight(8)feet wide and forty(40)feet long; 2) a marginal dock measuring six(6)feet wide and 920 and long; lwenty five(25)feet long; 3) eleven(11)finger piers measuring four(4) twenty-five(25) and 4) four(4)finger piers measuring four(4)feet wide and thirty(30) long; 5) twenty(20)sets of triangle flares measuring two(2)feet by two(2)feet. ACTIVITY LOCATION: Located at:N 260 07'15",W B1°46'40"Cofunfy�Section 1n1,Township 50 South,Range 25 East, 00388360006 and 61835520008), Class III Waters. GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans,from the specifications and performance criteria ad�t e tiicviolation permitted activity and the conditions for as approved that activty shall constitute a of this permit and a violation of Part Four of Chapter 373,(F.S.). 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work e site onrequest f eby the Department staff. pThe p permit ttee shall available for review at the work s p Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 3 of 12 require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violations of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven(7)days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter Six of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the Department of the anticipated construction start date within thirty (30) days of the date that this permit is issued. At least forty-eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement"notice (Form No. 62-343.900(3),(F.A.C.))indicating the actual start date and expected completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. 6. Within thirty (30) days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The Statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally,if deviations from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations note. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition number six (6)above,has submitted a "Request for Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 4 of 12 Transfer of Environmental Resource Permit Phase to 343.9000,F.A.C,); the Department determines the Construction y stem to be in compliance W th the permitted plans and specifications; and the entity approved vironmental Resource accordance thin the 9.0 and 10.0 of the Basis of Review for responsibility for operation and South Florida Water Management District--August 1995, accepts resp ' maintenance of the system. The permit shall not transferred to approved operation maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall initiate transfer of permit to the approved responsible operation entity ifdifferent e o ktep shall e Until the permit is transferred pursuant to Rule 62-343.110(1)(d), p liable for compliance with the terms of the permit. in g. Each phase or independent portion of conditions permitted system must be to the initiation of the peernutt d accordance with the permitted plans and permit of site infrastructure located within the area ustby eompl�� in accordance with the Each phase or independent portion system plans and permit or conditions or portion of th prior stem to a ocal go ernmen or other operation responsible maintenance of the phase or ports system 9. For those systems that will be operated n that maintained O �r a an or maintain aintain require an in easement or deed restriction in order with this permit, such easement ox�#�any other final soperation and maintenance records and submitted to the Department g documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource it Applications Within South Florida Management lot or unit aes or prior to the c omp letion of the system, occurs first. Other ocuments concerning the establishment and authority of the operation entity must be filed with the Secretary of State where appropriate. For those nyand maintenance proposed documen#s must be received the bymthe or municipal entities, final operation Department when maintenance and operaiion of the final documents will result system �ix1 the permittee remauune g entity. Failure to submit the appropriate for carrying out maintenance and operation of the permitted system and any other permit conditions. es to the permitted system,the permittee 10. Should any other regulatory agency require changes prior to implementation so that a shall notify the Department in writing of the changes p determination can be made whether a permit modification is required. aired federal,state,local and 11. This permit does not eliminate the necessity to obtain any Teq permit. district authorizations prior to the start of any activity approveedpbyp right, . any permit does not convey property,nor does it authorize any create entrance upon or activities on property which is interest in real controlled not owned or controlled by the perrnittee, 4 or Chapter 40E-40,F.A.C.� or privileges other than those specified in the permit and Chapter p Pernittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 5 of 12 12. The permittee is advised that the rules of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering,unless the work qualifies for a general permit pursuant to Rule 40E-20.302(4),F.A.C.,also known as the"No Notice"rule. 13. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance,removal,abandonment or use of any system authorized by this permit. 14. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Section 373.421(2).F.S.,provides otherwise. 15. The permit-tee shall notify the Department in writing within 30 days of any sale, conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer of the system. 16. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 17. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. 18. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. SPECIFIC CONDITIONS: Facility Construction: 1. Forty-eight (48) hours prior to commencement of work authorized by this permit, the Permittee shall provide written notification of the date of the commencement, using FDEP Form 62-343.900(3), F.A.C., and proposed schedule of construction to the Submerged Lands and Environmental Resources Program, Department of Environmental Protection,Fort Myers District office,P.O.Box 2549,Fort Myers,FL 33902-2549. 2. Any deviation from the specific permit conditions or permit drawings shall not be undertaken without modification of this permit and submittal of the appropriate processing fee. Deviations shall include,but not be limited to,construction of any upland improvements such as paving or buildings. Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 6 of 12 3. If the approved permit drawings conflict with the specific conditions,then the specific conditions shall prevail. 4. All areas to be dredged shall be in on t doan e with the attached permit drawings and shall not exceed the areas and depths indicated drawings. 5. The spoil material shall be deposited inradse contained upland site that prevents return of on any water or material in to Waters of the State 6. Turbidity screens with weighted skirts that extend tooth bottom l Greene used hall and properly maintained during the permitted construction(dredging). Y place until any generated turbidity subsides. The screens shall surround the work area and contain any turbid waters generated from the project construction. 7. The permittee and the contractor shall be responsible order so that turbidity ensuring that levels itcont waters l devices are inspected and maintained in goa m$ outside of the turbidity screens do not exceed the state's waatr quality g o d}r The#ul bidingm Class III waters(29 nephelometric turbidity units(NTUs)above measures shall be taken by the permittee whenever turbidity levels outside of the turbidity screen exceed 29 NTUs: Immediately cease work contributing to the water quality violation. Modify the work procedures that were responsible for violation anc more turbidity containment devices and repair any non-functioning devices. Notify the Submerged Lands and Environmental Resource oPermitting etrogr�m of the DEP South District Office within 24 hours of the time the B. The project shall comply with applicable State Water Quality Standards,namely: Rule 62-302.500,F.A.C.—Surface Waters:Minimum Criteria,General Criteria;and Rule 62-302.530,F.A.C.--Table: Surface Water Quality Criteria-Class II Waters. 9. The work authorized by this permit shall not be conducted on any property,other than that owned by the permittee,without the prior written approval of that property owner. 10, All storage or stockpiling of tools or materials(i.e.lumber;pilings,etc.)shall be limited to uplands,pursuant to Chapter 62-340,F.A.C. 11. Best management practices for erosion and turbidity control(primarily turbidity screens) shall be implemented and maintained at all times during construction excess a date water of the zds permitted activity to prevent siltation and turbid discharges pursuant to Chapter 62-302,F.A.C.d procedures are inspected andomaintained daily duruttg erosion and turbidity control devices and p Permittee: Lakeview Drive of Naples,LLC Permit No.: 11-0274817-001 Page 7 of 12 • of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion,siltation,and turbid discharges. 12. All areas disturbed by construction activities shall be stabilized with permanent erosion control measures as soon as practicable and prior to removal of erosion control devices. Permanent erosion control measures shall include seeding,sodding,or planting with native vegetation. 13. All chemically-treated pilings associated with the permitted docking structures and mooring piles shall be wrapped with impermeable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings,shall extend from at least 6"below the level of the substrate to at least 1'above the mean high water line and shall be maintained over the life of the facility. 14. If historical or archaeological artifacts,such as Indian canoes,are discovered at any time within the project site the permittee shall immediately notify the district office and the Bureau of Historic Preservation,Division of Historical Resources,R.A.Gray Building,500 S.Bronough St., Tallahassee,Florida 32399-0250. 15. If prehistoric artifacts,such as pottery or ceramics,stone tools or metal implements,dugout canoes,or any other physical remains that could be associated with Native American cultures,or early colonial or American settlement are encountered at any time within the project site area,the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee,or other designee,should contact the Florida Department of the State,Division of Historical Resources,Review and Compliance Section at(850) 847-7278,as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities,all work shall stop immediately and the proper authorities notified in accordance with Section 872.05,F.S. Manatee Conditions: 16. The Standard Manatee Conditions for In-Water Work(revision 2005)shall be followed for all in-water activity(attached to this permit). 17. Within 30 days prior to slip occupancy,the permittee shall install permanent educational manatee signs in accordance with Florida Fish and Wildlife Conservation Commission(FWC) guidelines,including FWC approval for number,type,and location of signs. The permittee agrees to replace signs in the event the signs fade,become damaged or outdated,and maintain these signs for the life of the facility. The guidelines for installation can be found at http:/Jmyfwc.com/manatee/signs/,or can be obtained from FWC.Contact the Florida Fish and Wildlife Conservation Commission,Imperiled Species Management Section at 620 South Meridian Street,6A,Tallahassee,Florida 32399-1600(telephone 850/922-4330). Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 8 of 12 Mitigation and Monitoring: 18. As net improvement of water quality, and property owned by the permittee on the north side Halderman Creek,Cixrrently under dConsery Easement,through the removal of spoil from the original dredging of Halderman Creek and planting of red mangroves(Rhizophora mangle),cord grass(Spartina spp.)and leatherfern (Acrostichum spp.). 19. The maintenance and monitoring of the preservation area shall be conducted as outlined in the attached"Lakeview Drive Mitigation and Monitoring Plan". 20. All exotic and invasive vegetation,Australia including e(Casuarina inae q isefifot)vines, others)exotic punk tree(Melaleuca qui�igtienervta), pine invasive vegetation listed on the latest list the F1o�rll�e Exotic immediately treated with herbicide.d removed from the project shoreline. Any cut stumps confirmation All treated material shall be stained ca rates shall be in accordance with EPA approvals and Herbicide composition and pp applied by a State licensed herbicide applicator l be accordance with aired free applicable aninvasive material e data sheets and label directions. The shoreline for the life of the permit. At no time shall exotic and invasive vegetation exceed 5% coverage. Operations: 21. All future authorized replacement pilings for support of the docking structures and for boat mooring shall be non-chemical-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). 22. No liveaboard vessel shall be moored ked at the fac lity that inhabited UY person or persons liveaboard shall be defined as a vessel da eriod. for any five consecutive days or a total of ten days within a thirty- y P 23. No fueling facilities or fuel storage shall be allowed at the docking facility and associated uplands. 24. Over-water fish cleaning stations or disposal of fish wastes in the water shall be prohibited for the life of the facility. 25. No sewage facilities shall be permitted at the project. 26. For the life of the facility,the permittee shall implement the attached Marina Operations of the same)that and Management Plan for Lakeview (or ed Department pzag approved bomodification ece and repair,dock addresses,at a minimum,the following: construction,organic accumulations,fuel/oil spill containment,and hazardous waste Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 9 of 12 management. A violation of the above referenced Marina Operations and Management Plan for Lakeview is a direct violation of this permit. Modifications to this plan maybe made upon written agreement by both parties. 27, To assist in preventing the discharges of marine sewage,combustible or other hazardous materials,gray water(shower,dish washing and laundry discharges)or bilge water,permittee shall install a sign of sufficient size(minimum 2 feet by 3 feet)to be clearly readable by boaters using the docking facility. The sign shall include language approximating the following: "All Vessel Discharges,Including Gray Water and Discharges From Marine Sanitation Devices,Are Strictly Prohibited At This Marina. Please avail Yourselves of Our Shoreside Facilities." 28. Boat maintenance or repair activities requiring removal of a vessel from the water or removal of any major portions of the vessel,including the engine for purposes of repair or maintenance on site are prohibited for the life of the facility,except where removal is necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel. 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. 29. The operation of the project shall comply with applicable State Water Quality standards, namely: Rule 62-302.500 F.A.C.,Surface Waters:Minimum Criteria,General Criteria Rule 62-302.530 F.A.C.,Table:Surface Waters Quality Criteria RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57,F.S.as provided below. If a sufficient petition for an administrative hearing is timely filed,this action automatically becomes only proposed agency action on the application,subject to the result of the administrative review process. Therefore,on the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because an administrative hearing may result in the reversal or substantial modification of this action,the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired. Mediation is not available. 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 Permittee: Lakeview Drive of Naples,LLC Permit No,:11-0274817-001 Page 10 of 12 General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000. Under Rule 62-110.106(4),F.A.C.,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 Counsel of the Department at 3900 Commonwealth Boulevard, f r Station extension of timTallahassee,hall toll the 3nuuiing of before� period applicable deadline. A timely for filing a petition until the request is acted upon. If a timely and sufficient petition for an administrative hearing is filed,other persons whose petition interests will be ted y hIntoutcome on will be administrative process have the right to tted only at the discretion of the petition to intervene in the proceeding. presiding officer upon the filing of a motion in compliance with Rule 28-106.205 F.A.C. ,F.A.C.petitions for an administrative hearing by the In accordance with Rule 62-110.106(3)(a)(4), .I?} applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3),F.S.,must be filed within 2ldays of receipt of the written notice,whichever occurs first. Under Section 120.60(3),F.S.,however,vany 1 days of receipt of such notice regardless of the date of agency action may file a petition Y publication. The petitioner shall mail a copy of the petition to the applicant tatah address administrative indicted above within the timer of filing. The failure of any person to file a petition the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57,F.S. A petition that disputes the material facts on which the Department's action is based must contain the following information (a) The name and address of each agency and each agency's file or identification number,if known; (b) The name,address and telephone number of the petitioner;the name,address and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; Permittee: Lakeview Drive of Naples,LLC Permit No.: 11-0274817-001 Page 11 of 12 (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific Rules or Statutes that the petitioner contends require reversal or modification of the agency's proposed action;and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by Rule 28-106.301,F.A.C. Under Sections 120.569(2)(c)and (d),F.S.,a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This permit constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a),F.S.,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under Section 120.68 of the F.S.,by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel,3900 Commonwealth Boulevard,Mail Station 35, Tallahassee,Florida 32399-3000;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is fled with the Clerk of the Department. The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S.,may also seek appellate review of the order before the Land and Water Adjudicatory Commission under Section [This portion intentionally left blank] Permittee: Lakeview Drive of Naples,LLC Permit No.:11-0274817-001 Page 12of12 ' 373.114(1)or 373.4275,F.S.. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary o the erk of served on the Department within 20 days from the date when the Executed in Lee County,Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jo .Iglehart Director of District Management JMI/LB/AP/ap Enclosures 8 pages Lakeview Drive Mitigation and Monitoring Plan attached 9 pages Marina Operations and Management Plan for Lakeview attached 15 drawings attached . 4 forms attached Copies furnished to: US.Army Corps of Engineers,Port Myers;Log#10154 Department of Community Affairs Species Management Section Florida Fish and Wildlife Conservation Commission, p Collier County Property Appraiser CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit,including all copies were mailed before the close of businEas on /"trh,l,'n i 7 '2000to the above listed persons. FILING AND ACKNOWLEDGMENT FILED,on this date,pursuant to Section 120.52(9), F.S.,with the designated Department Berk, receipt of which is hereby acknowledged. ) ) . / - f� Clerk Date Lakeview Drive Section I I,Township 50 South,Runge 25 East,Collier County. Mitigation and Monitoring Plan May.2008 I. INTRODUCTION: The purpose of this report is to document the proposed preservation and enhancement activities for preserves associated with the development project known as Lakeview Drive of Naples. The proposed multi family housing development project encompasses a total of approximately 20.51 acres in Naples,Florida approximately 0.2 miles west of the Bayshore Rd. bridge over Haldeman Creek and accessible by Lakeview Dr.heading west from Bayshore Rd. The property is located in Section 11,Township 50 South,Range 25 East, Collier County. The property is currently undeveloped and is surrounded by single and multi family residential communities and commercial waterfront,and is directly adjacent to the Haldeman Creek.The subject property includes the project area on the south side of Haldeman Creek and the mitigation area on the north side of Haldeman Creek. This document concentrates on the mitigation and monitoring activities proposed on the north side of Haldeman Creek. The proposed mitigation includes exotic vegetation removal,re-planting red mangroves(Rhizophora mangle),and minor topographical enhancement to ensure the survival of planted red mangroves and the viability of natural recruitment of red mangroves. These activities will enhance existing mangrove wetlands,create wetlands that had previously lost their function due to spoil being placed in them, and remove the thick growth of exotics in those areas. This will enhance the wetland functions such as storage,attenuation,and filtration of the tidal waters that reach them, thus providing an overall improvement to water quality in the area. The proposed mangrove restoration area provides the potential for reclaiming what was historically mangrove swamp. The re-creation of 1.01 acres of wetland and enhancement and preservation of the remaining 0.7 acres will result in a more natural sediment accretion process. The rising and falling of the tides will flush water with sediment and suspended solids such as copper over these wetlands, which can facilitate natural accretion of sediments. These sediments contain nutrients and symbiotic bacterial and algal functions which can deposit in the mangrove areas and contribute to the functionality of the mangrove wetland. In this manner mangrove wetlands collect and uptake sediments in the water that include copper. Mangrove wetlands provide nutrient uptake and sediment stabilization and containment, which in turn provides a net improvement to water quality. Additionally,the shoreline to the south(proposed project area)is a planted mangrove shelf that was constructed as mitigation for a project that was never completed. This mangrove shelf along the property on the south side of Haldeman Creek has been successfully providing wetland function to the area for almost a decade. To characterize surrounding land use,the northern section of the property(mitigation area)lies within single family and multi family residences along Becca Ave.The A 4 1 (1 e; flit ttt' . 1) f: r,akevteW Drive Suction 1 i,Township SO South.Range 25 East.Collier County. *ligation and Monitoring Plan May.2005 southern part of the property(project area)abuts the Windstar golf course community and is within a single family and multi family residential area. This mitigation report focuses on the portion of the property to the north of Haldeman Creek,which will be used exclusively for mitigation activities. The mitigation area will be restore what was historically mangrove wetland by removing the spoil from the original dredging of Haldeman Creek and providing a more natural grade for mangrove wetland habitat to thrive. The area will be planted with 3 gallon red mangrove plants and additional tidal wetland species if necessary. The area is currently under conservation easement that is deeded to an entity that no longer exists. This conservation easement will be vacated and replaced with a new conservation easement deeded to the Department of Environmental Protection. IL EXISTING CONDITIONS: The property that lies north of Haldeman Creek is to be enhanced and preserved for water quality mitigation. This portion of the property currently has 0.70 acres of mangrove wetland(612)with minimal exotic coverage. The remaining categories include the spoil area(743)along Haldeman Creek ,which has mostly exotic species colonized on it,and mangrove areas that have been taken over by Australian pine(Cauarina litorea)and Brazilian pepper(Shiners terebinthifolius)(612/437/422). Habitat Descriptions: The following paragraphs outline the basic composition of species assemblages found on- site of the mitigation area. While many more species are present than presented in this report,the following gives a brief description of the vegetative communities. MAJOR FLUCFCS CATEGORIES FLUCFCS FLUCFCS TOTAL JUR SDICTIONAL CODE DESCRIPTION WETLANDS 612 Man:rove swam t 0.70 0.70 612/422/437 Mangrove,Brazilian 0.64 Pepper, Australian Pine 743 S•sit Areas 0.37 Total 1.71 0.70 Note: Acreages are approximate as no survey was used to determine vegetative coverages. Section I r,Township 50 South,Range 25 East CLakevieti Drive ollier iby. Miligaison and Monitoring Ilan May.2008 612 —Mangrove Swamp This area is located along the northeast section of the mitigation area. Red mangrove (Ryzophora mangle)is dominant with minimal (5- 10%)Brazilian pepper(Shines terebinthifolizzs), 612/422/437—Mangrove,Brazilian Pepper,Australian Pine This area is the northwest section of the mitigation area. This area was historically mangrove wetland,but has been impacted with sporadic spoil mounds, landscaping waste and solid waste trash dumping. There are some old growth mangroves that have been inundated with spoil,but due to the waste dumping,sporadic spoil piles,and heavy exotic growth there is no new recruitment of native wetland species. The Brazilian pepper and Australian pine dominate the coverage of this area at approximately 75%coverage. 743—Spoil Areas This area has been previously disturbed by historic dredging of Haldeman Creek and the resulting spoil material. There are some old growth mangrove trees, but the area mostly consists of exotic species,including Brazilian pepper(Shines terebinthifoli„s)and java plum(Syzgila,a cranini). This area contains about 10% to 20%old growth mangroves and 80%to 90% Brazilian pepper and Java plum. III. MITIGATION ACTIVITIES The on site preserve shall be placed into conservation easements with the Department of Environmental Protection (DEP), and enforcement rights shall be granted to DEP. The property owner shall be responsible for the costs associated with enhancement activities and keeping the preserve areas exotic free in perpetuity. Conservation easement for this area will be filed and recorded prior to the construction of the proposed docks. There are two types of wetland mitigation activities; enhancement of the existing 0.70 acres of wetland(only exotic removal)and creation of 1.01 wetland area(exotic removal, re-planting, and minor topographical enhancement, totaling 1.71 acres of on site mitigation: Enhanced Wetland Area: 0.70 acres of existing mangrove wetland will undergo hand clearing exotic removal to enhance wetland function. This area will also require exotic removal and maintenance and monitoring activities to be employed in perpetuity. Created Wetland Area: 1.01 acres of existing uplands will be dredged and replaced with wetland elevations and species. This created wetland area will lie along Haldeman Creek and be hydrated by the tidal cycle. This area will also require maintenance and monitoring activities to be employed in perpetuity. F��yv.�.K•t. .. Lakeview Drive Section I 1,'ibansfiq>50 South.itigaioS and Monitoring Plan May,2008 Exotic Vegetation Eradication pine infestation is present throughout all of on-site Brazilian pepper and Australian p' iminate these wetlands and a thorough eradication program program will include predolrninately hand emented to noxious plants from all preserve spaces This p i- clearing removal from existing mangrove 437 e 2 422)areas areas ocreate mhanical removal from mangrove existing spoil (743) and exotic infest wetland. Annual maintenance inspections and treatments wbOnce the removal efforts have been that have already established a hold on the properties. successful,bi-annual maintenance treatments free immediately following should be sufficient to fmaiint maintenance growth. The preserve areas will be exotic of the total aerial coverage. Supplemental activity. Beginning with the Time Zero Monitoring report, at no time shall the density of exotic and nuisance plant species exceed exotic plant removal will be required if coverage of exotic plants exceeds 3%. Replanting Plans Created Wetland Area: Thep proposed io osed created wetland area will incl'dehexotic ope toward al on the land adjacent to the Haldeman Creek (Spoil area -743), g' i g the river and the existing red rnangroves, and this area. ue to re-planting he the amount aif exotic improve the wetland function and h in vegetation in the proposed created wetland areas,mechanical removal will be required. After removing the spoil mound and shaping i io(see a cross se tisnec s to include:-B) the restoration area will be planted with a mix pp P Species Specification Red Mangrove 3 gallon lRhiJ,phom mangle) •"Cordgrass I gallon (Spnrvinn:pp.) • <+Leatherfem 1 gallon (rtrro.tirhtrnr.yep-) "This list is not all inclusive and alternative appropriate native vegetation may be used. "These items are proposed supplementatly,the initial planting will be all red mangrove on 5ft centers. All planting material will be planted on 5ft.centers. These plantings will be red mangrove,which will be hydrated by the normal tidal cycles. The planting will take place by hand in 6 to 10 inch deep holes in the created wetland that �: area..The red mangroves are placed is the most critical component tolstitteS fdl pllanting.' The red t i t? i ._ i; , Section I t,Township 50 South,Range 25 East.Collier er County. Mitigetian and Monitoring Plan May.2008 mangroves must be planted between-0.5 and+1.5 NGVD to be inundated during most flood tides and exposed at most ebb tides. The initial planting will consist of all red mangroves, the cordgrass and leatherfern will be planted supplementally on an "as needed" basis. After the first annual monitoring report, if there are areas that the elevation does not support healthy mangrove growth, then cordgrass and leatherfern or similar estuarine tolerant native plants may be used to supplement these areas of wetland. MITIGATION CALCULATIONS: Pre and post mitigation activity UMAM analysis were conducted. The functional assessment depicting the mitigation credits and functional gain associated with the mitigation activities and preserve areas has been provided as part of the permit application. The impact UMAM calculations take into consideration the mitigation activities of three habitat types: 1.01 acres of wetland creation and restoration in the 612/422/437 (Mangrove, Australian Pine, Brazilian Pepper) and 743 (Spoil) areas and 0.70 acres of exotic removal in the 612 (Mangrove swamp) habitat. The total relative functional gain from the above listed mitigation activities totals 0.20 credits of lift associated with water environment and community structure improvements. IV. MONITORING/MAINTENANCE/MANAGEMENT: The goals and objectives of this monitoring plan will be to provide for ongoing progress and ultimate success of preserved and enhanced areas in a series of scheduled monitoring reports. The reports will quantify and describe conditions within the managed areas, comparing observations with the proposed standards and offering advice for corrective actions if needed. This monitoring program will extend for a period of 5 years, following the time zero report. Each mitigation and preservation area should contain 80%survival of the planted desirable obligate and facultative species. This 80% survival rate should be maintained for each of the five annual reports and at the end of the 5 year monitoring period the entire mitigation area should contain 80% coverage of native obligate and facultative species. Maintenance will be done regularly to ensure the integrity and viability of the wetland preserve/ mitigation areas. The maintenance will be conducted in perpetuity to ensure that the preserve/mitigation areas are free of exotic vegetation (as currently defined by the Florida Exotic Pest Plant Council) immediately following a maintenance activity. Total coverage of exotic and nuisance plant species should consist of no more than 3% of the preserve/mitigation area and shall not dominate one particular area on the site. tnlieview Drive Section I I,Township 50 South.Range 25 East.Collier County. Mitigation and Monitoring Plan May.2008 In areas of heavy vegetation, a visual inspection for exotic and treported n nfwill made and all exotic vegetation found will be flagged, mapped Meandering transects will be followed in the preserve areas for vegetative inventory and observation of wildlife during regular monitoring. Photo points will be established along with plot sampling stations to determine percent survival and percent coverage of planted and recruited plant species. The mitigation efforts shall be deemed successful when the area contains a minimum of 80% coverage of native vegetation,with less than 3%exotic and nuisance vegetation for a period of 2 years.The preserve areas will be maintained in an exotic free state in perpetuity. Monitoring Reports A Baseline Monitoring Report will describe the existing conditions of the conservation areas prior to exotic eradication and supplemental planting. The Time Zero Monitoring Report will describe the aerial extent of exotic removal and other mitigation work, i.e. revegetation, photographs from referenced locations (see attached monitoring transect exhibit),qualitative observations of wildlife usage and other information such as climatic and hydrological conditions and health of existing vegetation. Annual Monitoring reports shall document changes from the baseline conditions the success of the exotic eradication and identifies ways to maintain or improve these conditions. The natural recruitment rate will also be noted and documented in these reports. Each monitoring report will include aerial photographs depicting monitoring stations that will be marked. These monitoring stations will ensure that a reasonable comparison is made from one monitoring report to the next. Baseline Time Zero and Annual Re orts will include the fotlowin_: • quantification of any revegetation of exotic species and recommendations for remedial actions.(After Time Zero,exotic coverage will not exceed 3%) • quantification of revegetation of cleared areas by native species including dominant species and % cover by species. (After first annual monitoring report,native vegetation should establish at least 80%coverage.) • percent coverage,open space and water depths as appropriate. • Rate of natural recruitment observed will be recorded. Size and density of coverage for seedling mangroves will be reported starting from the first annual report on. • direct and indirect wildlife observations. Additional mangrove wetland habitat is a goal of the mitigation proposal. • site hydrological characteristics. The mangrove planting area will be checked at every monitoring period for proper hydrology, The main criteria for successful ee �hydrology fl is to place the to obtain mangroves hydrology needed for successful (bet mangrove growth t f ^y i. 0 t° 7 t t �. A 0 0 Ct.. tr.. Lakeview Drive Section I I.Township 50 South.Range 25 East.Copier County. Mitigation and Monitoring Man May.2008 photographs from a referenced location and panoramic photographs. A photo point station will be identified with a PVC labeled stake. The main criteria for the success of this planted mangrove mitigation area is to place the mangroves in the correct elevation (between +1.5 and -0.5 NGVD) to obtain the hydrology needed for successful mangrove growth The maintenance and management of the preserve areas will be the responsibility of the owner/developer in perpetuity. When the property owners association acquires ownership of the property, maintenance and management responsibilities will transfer to that entity as well. At this time the said associations shall assume responsibility for the perpetual maintenance and management of the preserve and retained areas. Association documents will indicate the responsibilities, restrictions and limitations associated with the conservation areas. The conservation areas for Lakeview Drive will require regular maintenance. The maintenance activities may include,but are not limited to the following. • follow-up eradication of exotic vegetation, • supplemental herbicidal treatment of trees/stumps to prevent re-growth after initial treatment. The maintenance activities will be performed annually for the first three years,then biannually(every two years)in perpetuity. ;41r Aft 1) tr • . Lakeview Drive Seelion I I.Township 50 South,Range 25 Fast.Collier County. Mitigation and Monitoring Plan May 2008 MONITORING SCHEDULE Panoramic photographs will be provided along with a brief analysis of dominant vegetation. REPORT DUE DATE DATE RECEIVED Maintenance and May 6,2008 Monitoring Plan (rev.) Baseline Report Upon permit receipt Time Zero Report Upon first activity completion (estimated exotic removal date) Six-month report Six months after Time Zero Report First Annual One year after Time Zero Second Annual One year after First Annual Third Annual One year after Second Annual Fourth Annual One year after Third Annual Fifth Annual One year after Fourth Annual '. 1 t3 e )1R Marina Operations & Management Plan For Lakeview 02 / 8 }.t s.� t: ' rt December 2007 Turrell,Hall&Associates,Inc. 3584 Exchange Ave. Naples, FL 34104 1 INTRODUCTION This Marina Operations and Management Plan is a living document. As such the materials contained within will change as the needs of the docking facility,the public,and the government change. The Marina Operations and Management Plan will be upgraded as needed to at file with changes in Department rules,regulations, waste streams,procedures,or docking facility. Lakeview of Naples is a multi family docking facility that provides a number of services for its boaters. The facility provides 42 wet boat slips for sale or lease to private property owners. No liveaboards,transient dockage,fueling,or sewage pumpout is proposed at this facility. Lakeview Drive of Naples L.L.C.(Lakeview)is the owner of the 8,070 sq. ft. fixed wood dock facility for the mooring of 42 vessels. To provide the Florida Department of Environmental Protection(DEP)reasonable assurances that the development will meet state water quality standards,the provisions of 373.414(1)(b)3 Florida Statute(FS),and any conditions of the DEP permit,Best Management Practices(BMP's) are proposed in the form of establishing a marina operations and management plan. Best Management Practices relative to this docking facility have been outlined in the BMP section of the Marina Management Plan. ENFORCEMENT Responsibility- It is the responsibility of Lakeview to identify pollution sources from within the marina that may result in water quality violations and to take appropriate actions to prevent such occurrences. Violations-Lakeview reserves the right to identify any offe der causing the violation wwithin the marina,and to name said offender in any enforcement acknowledges that it has the duty to monitor its patrons to ensure their compliance with this Agreement and with the conditions and requirements. Compliance—Lakeview will be held responsible for compliance with DEP permit number 11- 0274817-001 and all permit conditions and environmental standards set forth by this permit and any modifications thereof. This Plan shall be available for review at the facility upon request by the Department staff. The facility requires any contractor,employees,or residents to review the complete Plan prior to commencement of the activities authorized by the permit. 2 MODIFICATIONS It is the intent of Lakeview to monitor,assess,and implement changes to this Management Plan, as necessary to comply with all DEP Permits,and state water quality standards. Changes to the Management Plan can be implemented through mutual, written agreement between Lakeview and the DEP. 3 Table of Contnets: 5&6 1) Educational Program 6&7 2) Facility Use - A. Boat Cleaning -B. Engine Repair and Maintenance -C. Organic Accumulations -D. Petroleum By-Products E. Petroleum Spills ..S 3) Petroleum Spill Response Plan 4) Verification Form This document prepared by: Turrell,Hall&Associates,Inc. 3584 Exchange Ave. Naples,FL 34104 (239)643-0166 4 L EDUCATION PROGRAM In order to implement long-term solutions to upgrading environmental conditions at the Lakeview docking facility,a series of BMP's have been developed. This education program involves the residents and users of the facility focusing on their roles in the long-term health of the marina and surrounding area. This continuing program is implemented in the form of an orientation session for long term and seasonal residents,and users of the facilities,in a manner that ultimately educates them and offers "ownership"into the program. The program is designed to educate the residents and will include staff members maintaining this docking facility. Educational materials will be distributed along with a copy of the Marina Operations and Management Plan. All of these Educational Materials will be distributed in the form of handouts to all people intending to use or maintain the docking facility. All employees will be trained in the operations and procedures of the facility within 7 days of hiring. Supplemental educational sessions shall occur for both employees and residents once a year in January. The topics discussed at these educational training sessions and on these handouts will include the following: --Overviews of the DEP permit conditions and regulations governing water quality and habitat protection in the marina and surrounding area. --An explanation of the consequences of bottom cleaning in the basin relative to releasing copper into the water. --An explanation of the sources of contaminants from vehicular traffic,construction equipment, fertilizers,and dog walk areas and how they affect water quality. --Eliminate the use of hard abrasives or chemical treatments. --Explanation of the value of floating debris collection and recycling efforts. --Explain methods to reduce or eliminate oil content in bilge water. tl9 Provide information regarding proper handling and disposal of used oil products. --Explain the value of using environmentally friendly cleaning methods and products. Review all elements of the education program and discuss modifications that would make implementation of the Management Plan more effective. 5 —Distribute handouts that explain the biological resources of s in nd our local w the s and the ns set sensitivity of these resources,emphasizing that all facility patrons at the facility. --A walk through of the facility to familiarize residents and employees with the function and location of the docking facility. ng Employee Education—Lakeview will conduct training for facility Management Plan. implementation,compliance,and monitoring of the Marina Operations The education program is tailored to include inaludes a methods provision ision with�th the handbook that listed in the Managemement Plan. it P requires compliance with all provisions of the Marina Operations and Management Plan. . DUCKIN FACILITY USE A.BOAT CLEANING:Washing of Boats PROBLEM: Hard abrasives, such as stainless steel wool,or similar cleaning pads,may drive chromium treatments into the water etrrmentai to the cleaning envir nment and degrade wa er quality ous soaps,detergents,and cleaners are de Products used to wash boat's hulls and decks often contain toxic ingredients such as ammonia, sodium hypochlorite,chlorinated solvents,petroleum distillates,or lye. BMP: All boats are to be washed by hand,ir toxic metals. Use fresh water to clean yourgboaetmafters that could dissolve chromium and/or other every use,minimizing the use of cleansers. Use environmentally fliendly cleaning met od and h products(baking soda,vinegar,lemon juice,and biodegradable soaps. When p g spray type cleaners,buy ones that are biodegradable and do not require rinsing. All"cleaners", professional,owners,or otherwise must review the rules of the Marina Management Plan and are mandated to comply with the Plan. B.ENGINE REPAIR AND MAINTENANCE PROBLEM: Engine service and repair operations generate waste which,when handled improperly,can cause human hazards,endanger the environment and be costly to clean up. Grease,oil,gasoline,and diesel fuels can be inadvertently leaked into the surrounding waterways, causing contamination. BMP: Overwater engine repair is prohibited at the facility. Please have your boat serviced at a local authorized marina or repair facility. No on site,shore,or upland boat repairs or maintenance is allowed at this facility. C ORGANIC ACCUMULATIONS: PROBLEM: Seagrasses,lawn clippings,leaf litter,,other organic detritus,and manmade products float into the marina an .;tiles to the bottom. The decomposing Jeess extracts oxygen from the water column,driving dissolved oxygen to lower levels, possibly below state standards. BMP: Collect floating debris from the marina on an as needed basis. Organic materials will be deposited in an upland composting pile isolated from waters of the state,and manmade products will be recycled. D. PETROLEUM BY PRODUCTS: PROBLEM:Oil and grease from the operation and maintenance of inboard engines are sources of petroleum in bilges. Discharged bilge water,with associated oils and greases,are a source of pollution in marinas. BMP: Reduce or eliminate oil content in bilge water and prohibit bilge discharges at the facility. Methods currently employed by the marina management include the following: --Educate resident and guest boaters on the importance of maintaining bilge water free of oils and associated greases. Encourage boaters to conduct periodic inspections of engine components and to repair leaks and eliminate spillage. --Encourage use of absorbent pads. Use drip pans with absorbent pads while draining oil from the bilge. Keep all engines well tuned;regularly check seals,gaskets, hoses and connections for leaks and drips. Place oil absorbent material or bioremediating bilge booms in the bilge. E. PETROLEUM SPILLS: PROBLEM:Petroleum Spills cause pollution and are costly to clean up. Lack of proper containment and fuel spill response plan can critically delay containing a discharge. BMP: Develop a petroleum spill response plan and maintain proper petroleum containment. Coordinate this plan with the US Coast Guard,the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission. For in water spills contact: 1. U.S.Coast Guard Tampa MSO Operations Center(813)228-2189. 2. State Warning Point(800)320-0519 24 hrs. 3. City of Naples Fire Station (239)213-5040;4900 355 Riverside Circle, Naples,FL 34102. *No fueling will be provided at this docking facility and no maintenance of fuel systems will be allowed. 7 3. PETROLEUM L.ILL RESPONSE PLAN A. Containment of Discharges In case of a spill or discharge of a hazardous substance this facility all patrons and employees will contact the proper authorities(listed below)for emergency response for discharges or spills. Additionally,for containment or absorption of fuel spills absorbent pads and floating booms are located at the facility in the specified spill control kit located on the marginal pier shown on Exhibit A. All patrons and employees will be educated in the location and use of this kit. Spill control materials: 1. A spill control kit can be found in a lock box on the marginal pier(all patrons will have access to the lock box). 2. Kit includes spill containment boom,fuel absorbent materials and containment bags. Spill control procedures 1. Spills,no matter how small,need to be cleaned properly. 2. Small spills should be cleaned with designated rags and placed in a portable fireproof container. They should then be placed in the soiled rag receptacle to be cleaned by an industrial contractor. 3. If absorbent pads have been used to soak spilled oil,place the pads in the marked five- gallon container for transport to the absorbent waste container. 4. Transport materials to the used absorbent pads waste container. 5. Large spills shall be reported to the facility management immediately at: Phone# _ ;Name: Address: 6. Deploy booms to contain diesel fuel spilled into the water. Gasoline spills should not be contained with booms due to its high volatility. 7. For in water spills contact: a. US Coast Guard Tampa MSO Operations Center(813)228-2189 24hrs. b. State Warning Point(800)320-0519 24hrs. c. Marco Island Fire Station(941)389-5040; 1280 San Marco Road,Marco Island,FL 34146. Employee Education Plan 1. Training will be performed by Facility Management. 2. Training will be provided within a week of hiring and will be refreshed on an annual basis. 3. Training will be provided in handout and demonstration form with one on one instruction. 8 c t 1. VERIFICA'T'ION FORM I ,hereby affirm that I have been provided with a copy of,and have read,the Lakeview Marina Operations and Management Plan. I agree to abide by all rules contained within and will notify facility management of violations of the rules. Signature Printed Name Date 9 STATE OF FLORIDA •':.,s F..-- ,_- - ___ t Tt kt•1:1 SUBJEC f 9 4Z PROPERTY M( F. V •=.0 .-Z "-; R,...:•4,.,..i S ' i, i SUBJEC4 1 PROPERT1 I I'.'.774 T PA . I I g - ,i--" ,---- a,C-■ tor,.A, 1 r---., ' ecli bv■er A., .-, Zot ----,- - - --,-,46- .-,-----trta-9r uhroMill a I Ic...t a,p.,, hAoalehead.\fin! FT MYERS() I _ , 4, K 'E.L., t";11M11 m 0 44- 43 VC( - iiiillill : VICINITY MAP v ;Ik.41.0T--• .,' p -,.,..! KEY WEST . -41 ' 4,19,9 CIF ME2MCO 1.1' 1114' (J. -1111111.11. 941..,`Ari:rr EVERGLADES COLLIER COUNTY . ., . ....A..4 ,„?....r... s-,.„....,:-11,4%,•,,. NOTE5, 0 .7 mine- st Environmental conani<5,THESE DRAWINGS ARE FOR PERMITTING 4. „ , ..______:,„„44,„., TODD T TURRLL REGISTERED PROFESSONAL ENGVEER FLORIDA REGiSTRATION NO 35655 LICENSE NO 58TS Fe0 05 2005 ,'35 43 ......., '',,' '.-- Turtell,liall&Associates bi - „,,.., — 39,4 Lange AM SIBSC 13 FEDI taBgE444114 .4, 9141M(239 6D-0i66 Fax 123%15434632 1 Neon,FL 341R3732POSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ...LATITUDE N26°07 15' 4>LONGITUDE WV*46 40 pt- DAIS PROPER1Y , - -,-?,-.,'5.47 • I .-*.';' - ','';4^."7. '''.:,,' ' (.1-.;".%'.';',• ' '''.9,,i 44--.,•:i.,',''t--`” - ' . l'*,r' ..,..z. -3,44,7,-,..--.- . 4-7,3. e. ,Fle , --.,..-Vv-. - ---,- ---. ,:.14..z'. u----- -•..-0, 7 1, --i-gol. r , .,':,....` :-i;-, ^'," •-•...e:a 7,.„..,, . .,-....-0,-, - - - - -_----- sokmi 299 - LAKEVIEW D-Iii—VE13 :-WLES, LLCCI SITE LOCA "'N MAP ...., COUNTY AERIAL .27-0, SrZET 1 : iSECTION-;1-14 TOWNSHIP.SO S RAM. 4 E Y w f . i ' „a «. ''ci r ,f j*-!•,,i,' f? "K `t s. , -,..- acay *4?1 IR: ,' ;, a '. 4' -.. -' :W-_-!, �` is ,a 3 ��,l "4s 4�'a4 � YZ,, q'C�-� .�'A i � ; >�- 3 �' t �`' . ..- ta"°�. , i !`" t r i it y'.f ,NC" t.: f ' .. t a a4t1"r.-. t>.f�'� '+.• a � Y• �.r+!.---,mow' . .• ''''' -cx f,. z ' w' _ - -' 'fir - -�-_ - 4 . 't'"�', ... `:-i- t _ 44 r �4 �,T'r- .•- -k`+ ♦ ...rR"e`r� ;s. - Y -..r.e7..r -_ .. * i• ;.:, .. ...,,...4044.,. � fly_y .,j w Vt .• t4 mss_.�x✓1A p r y_,; d slf�d.!:,-.:0.� i.. .. ..... _ .V ...? ,.3. 1", *rte ♦iv' "�°Ir -,=.- "�.'..."•."S.�K "1',�'Y�'+S,+Jf,. . t2. k • y % 2*;,_ \\ - NOTES ::•.R '$-, �w ` ,<_' " 'W V'T E 1.0.THESE DRAWINGS ARE FORFORMITTINC,PURPOSES • J� ti .ONLY ANp ARE NQT IAITENpED FOR CppiSTRi IptljticE i . ,` .', 71c -, I°ALL DATUM SHOWN HEREON IS REFERENCED TO ML W.,i:;• i S y„-4 o APPLICANT OWNS APPROX.938-5x L.F OF SHORELINE "' TOlil� a, a TIDAL QA7UM_ML W(-f0s Nf Vp.MHIAh(-)7 s ncw_ .,._ r .c^ SURVEY COURTESY OF I1 REGISrREO PROFessl R;RELL 0 50 100 21$ w eels Surveying,Mc." OVAL Er.'GII4EER °SURVEY DATED 03.03.07 F FLORIDA REGISTRATION NO 59659 �`' + LICENSE NO.5&75 - DATE F SCALE IN FFFT s�, �• '— ., _ I N'Q6.2c06+1'42:06 _ J e: . ` Ttutell H211 AsSOC�atCS,Inc. r W . ;¢- - 3� v. - j�v&A at J LAKEVIEW DRIVE OF NAPLES,, C �..� ^'" -' 3584 Waage Ave.5uiteB ail:t :und-4Fxives� �apFa Fl NtOS- 3? ®. none"t tsss-0ISS F rey U-3-6632 fl2 EXISTING SITE CO .„ EC f'f °" „ t" .P ,,,1 'i♦ , ---.:;r:Fd LLi \.,,,* ,(. t Y d .- - , '-a ' y W Xs f ! r .y. ; e ..z+ 31, J a o 25 50 1 TA n *14. s -1 'o '�°••_�∎• ,0 t „ "`l� c ue' - a $ SCALE IN FELT 1 �- sage `— - k i ti :,t . r {I V�. 1. II T'a ' " -T—F--_ .,:r...— __�----- ---°��i ne '' .'4,S`- rr 4 , 7:' ,,,- ; ---r• ----ak-. -714.j'14124%,4—--;3 C• t PR ea+y r «RFC .s, ;t` x.... +"-` ✓' Ir _ .r aue. W ti.. V1 THESE DRAWINGS ARE FOR PERMITTING PURPOSES l.. r' 1 a/! LY AND ARE HOT INTENDED FOR CONSTRUCTION USE. f'^� '',1,144 I. ALL DATUM SHOWN HEREON IS REFERENCED TO MLW V • 5 c>APPLICANT OWNS APPROX 938.53 L F OF SHORELINE. -rte QD 7 I."L�1`T.%L(. t a TIDAL DATUM.0.0.0v.,-+A 5'NGVD MHW'(6)1.5'NGVO. REGISTERED PROFESSIONAL ENGINEER A ' - ">SURVEY COURTESY OF'SaLS Surveying,Nc- FLORIDA REGISTRATION NO.39559 ee..n SURVEY DATED.03-03-0 LICENSE NO 5815 �+ V�`� "i R DATE. Feo 06.9008 11 63:34 - �"{ ' >• -- °� Inc. ,`'k�� '✓•�� JESIGNE� i�' REVSK?\ �T.IB WJr1E f E,m�+S� ,,N TuTfell,Hail&Associates,IDV 0-AiLN 5" 5 Zt4.ZDOG 5e•EEi ..... 'aj hBOWIn Environmental LAKEVIEW f3R1l APLEST .` ' J I86-467 g.�; 5 = , 6 --. 3.584&dapAveSu5SB.Napka,EL3410Ati EX' S "��l+J 1_ .a,- �aa c.a., ago ):J'GSA 1�f' 'LtJ ?BOW 159)6:3-05 Fu:('39>643-s: v3+' SECTION-t1-14 TOWNSIiI P-SOS RANV -5E�` So, .,t' ,t,'4.a ;' 1 'ire- .'.._ r %ilt , * R 'Tr �.°t+i' d_ br 'yrl.a r �♦ fix - .47 'mot' / ., ,rfi` J 0 x +6 h_ SCALE IN FLLT -_ r r ,F E • .S 'V2 _. fit) y T { �y ...� ... Pi Lk I I - 3 x. V ',�4: -5 — , jj 2 ---u 2— 3 ) 3 o, � •.a,`w--5 F+y Ta —x-v-,-,--------... .ii....,,,-. : }. . G — .._— '_nw..-- - -+r. 'fit' �.iW rr ^�`t'�ion, . * 7' s" r _ 'l, Y.7 z't''OC, :- "'"'.7, ' �y2 '".. y `;Mk ..,'`ire°F' Yom.jt�s i .w"-;...,. _ ,,,,,,Y 3 ' -+ ,ems -iA"rT 4}.4%;' .1 • a..: f I ,- - tis,r +. U ii8;1•77.1f:51E.r� .i SE DRAVNNGS ARE FOR PER,AT'f1NG PURPOSES 1 r t4 { ND ARE NOT INTENDED FR~.: TOGO t. -7 L I.L - t • i OATUM SHOWN HEREON IS RE EF RETNCEDPO MLW.: REGISTERED PROFESSION EN iHEER _ 1<>Ay_PLICANT OWNS APPROX.938.6 L.F OF SHORELINE FLOR,DA REGISTRA::ON NO.39859 - <>TIDAL DATUM M ri LICENSE NO.5875 .�<>SURVEY COURTS OF»8'NGVO,rveym 7 5-NGVD. DATE Fe_ bi_2008 13.4821 - - 681.SSumygp,y,G• {`5- _ SURVEY GATED'A3A3.07 ;` ,Terrell Hall&Associates,Inc. 5 &E c0.4,D LAKEVIEW DRIVE 11232111"211 �' VIIDt7ID8D(� cnEa N� s OF NA 'LEB, -- c��t 3�z, � 5ouema-y�d!•�swoucuuum S;Ave.SuirrB.2iapin,FL34iW3i): t239;or3.o1ee Fu.(219).643-b632 EXISTING-SECTION B 4 • � i$ECTtON-Y4.2_v rn.u.,c�.... ___ FGOCIE LENGTH WIDTH CEZt i„,,.._-.,—....,..„ f 1:11 25' i 4' Z (_w ;it:Alt _t.. i , APIt 30' 15' 20 !! i r0-- )0 ,00 206 r TOTAL -- - -- g , 444. 444■44.4■4.4 SCALE IN . , . .... MANGROVE FRINGE—.\\ 1 , f75% g APPX.50%WIDTH 104' 6 I 50% OF WATERWAY .1”-B i -DA -ca- -- - .,',:x:TI Iti3310-43EV -4,:ZO _ •44.*:0:1P- -' ' _ '___:-- - _ . ,. __ ._.. . -it,;",:trE:P.1'"''t.!.',1*;4,4 tr,, 'ail s',.",e-:.:-.,,,..4:_e.,'",, ',,,,--,,>7;,1.:e 0 ''''$,,.,. ,__. • _ ...,. .------------- • . '";'...7- -.' ---.4.-.-1 -.... ,.... .... FIX MANGROVE FRINGE 17. ill - t- - - rt-A - -.D MLW UNE I MHW LINE :'.: TOE LINE --• VED.. ,-, -,... .......'•, . Y. FEB 15 2898 "allESSIMSEREESSIEN3m1100 i SOUTI-,0 NOTES: tE:1;1.4'3:1-"-.1 -'.------.____141C-1 4-7.THrSE DRAvviNGS ARE FOR PERMITTING PURPOSES ,ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. ,g.,,-,,:-.,-;.,---,.:1,-=.4-;;.1 EXISTING RIP-RAP I....ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. II-;.', .--;?:.*:,:c !.0-APPuCANT OWNS APPROx 930.6.LO OF SHORELINE- !4A PROPOSED OVER WATER STRUCTURE APPX stRos SF: ........„..._.........-1L. --.,..(.., so TIDAL DATUM.MLW4(-)0.6 NOVO.MIN`HCHI 5 NOVO , 4:.TOTAL PROTRUSION FROM AMIN UNE.APPROX.45 FT 'ODD T. TURRFI r .....SOAT LIFTS OPTIONAL FOR ALL SLIPS REGISTERED PROFESSIONAL ENGINEER •...„..- PROPOSED OREDGE TO-4.0 MLW so DREDGE AREA.0031 Cu YDS. FLORIDA REGISTRATION NO 39659 - -510 yci' 17 757 f12 so SURVEY COURTESY OF"mks Surveying,Inc.' LICENSE NO 5875 SURVEY DATED.03-33-07 DATE Feb 06.2008^5 5743 . , I oestrAw T 7. I REMSION. I TAB 1,A.2 1 Omoossc l'',,-----.------ --,-----t- ---i..,Turrell,Hall 8z Ass°ciates,inc- LAKEVIEW DRIVE OF NAPLES, LLC . 7 .,RA'AN d JS i t.- 226 2703 SHER, I 02 rr-'---.. --......,_,›Marine&Eavisoumental Consulting CREATE:. W-15-7, 05-Z7-07 SCA,E ..". 3584E16a:1p An.Suit B.Nspics,FL 34104-3732 PROF 7.-:.1.) 402 I •2•,¢47 Emil amarguitell. Ice hone 9391643.0166 Rm.(239)6414632 1 I SECTION-1.1.-1A TOWNSHIP-SO$ RAN, -5 E i V CODE - r' r W I I — -- --- J THESE DRAWINGS ARE FOR PERM'!TWO PURPOSES WIDTH 5 I 14' ^) ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ■ e16 30'---- I. �'ALL DATUM SHOWN HEREON I8 REFERENCED TO MLW V i' , i 9<�APPLICANT OWNS APPROX 838 6x L F OF SMOREIINE a �� 1 �' z' S ' TOTAL °PROPOSED OVERWATER STRUCTURE.APPX.8,07 k 3F„' <.TIDAL DATUM ML .)0.5'NGVD.MNIM-(.)1.5 NGVD 'i D — SD 1 111 v TOTAL PROTRUSION FROM MHW LINE:APPROX 49 FT "' 4.80AT LIFTS OPTIONAL FOR ALL SUPS S -_— --- �� c>DREDGE SCALE IN ----- GE AREA B10x CU.VDS. _—.__.___—__._ J: o SURVEY COURTESY OF"6BGS SurveyMg Ix." �: -- SURVEY DATED 03.03E7 I; 75% .. m z APPX.50%WIDTH x OF WATERWAY - - .- -- - - 50% 2 53.. c m 1i: 4a x 01 O- w,1n'TOG LINE w - ILGt - z SPOIL CONTAINMENT AREA = INM , O f g i / r' EXISTING RIP-RAP TODD T. FUR LL REGISTERED PROFESSIONAL ENGINEER 30 FLORIDA REGISTRATION NO.39858 "� PROPOSED DREDGE TO"4.0 MLW LICENSE NO 5875 DATE Feb 08.2008 16'1738 -810 ydP '\ = 120. ,__„ice i .`�.��hall,x�&Associates,Inc. r' . _� �Environmental aes, LAKEVIEW DRIVE OF NAPLES, LLC ,s �� s„E�, t 3524 Eschew wt.Sum&NmIts IL 34104-3731 E°"k`°'� �oacf139)633L 5 Fax b'4)633fi63, PROPOSED-SECTION A ®® sec-now-14-ti TMNNCU.e ....... - voTES: �'�1 < THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE !M -. o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW �, i W�' IT\R o APPLICANT OWNS APPROX,938 62 L.F OF SHORELINE. 'k_t1)d o PROPOSED OVERWATER STRUCTURE:APPX.8.07G=SF. E°. ', S - .>TIDAL DATUM.MLW(-)O.5'NGVD.MI1I*(*)5 5'NGVD. S (; 4>70TH PROTRUSION FROM MN,.W LINE APPROX.49 FT. \ -- — o BOAT LIFTS OPTIONAL FOR ALL SLIPS �; 0 25 50 ''1? o DREDGE AREA:8106 CU.YDS P� o SURVEY COURTESY OF"BBLS Surveying,Inc." & ' SURVEY DATED 03.0307 SCALE IN FEET �, �. w - 75% ddd J APPX.50%WIDTH 5D% � OF WATERWAY ', I 30 -_ G I 25. '�' / 25;k,. AI.M M A d m a 1 .S., . { om. � r , ky ,,, ,,. .„. ; 53• 1 41't �- _ .. • -6 .83 ' _ �19 93'2 40': 40 z SU 4l '..ill 3 MANGROVE FRINGE. I MLW LINE 2Dti8 v MMW i 1 r TOB LIN -- & CODE� LENGTH i MTh !SLIPS t. 1, ��J� EXISTING RIP.RAP i' I.--.� u fi X 1 j ar 20 i. 1 1 s 25' TODD` .TL RE LL gU° , 22 If. REGISTERED PROFESSIONAL ENGINEER PROPOSED DREDGE TO i.0 MLW it ■ FLORIDA CE SE NO.63 5 39639 -810 yd.' TOTAL LICENSE N0.5675 , 42 I' DATE- Feo 06.2006 78[00 43 ! - . oES�cwFB *r+ nE0-11-0n 7413 V 446 4:444 44 e �� Tuaell,Hall,�Associates,Inc. LAKEVIEW DRIVE OF NAPLES, LLC D'n ;,_ &�: ':x �vu 6i ConSB)Img d% 3S > :L9)643a91s. Fa (2 6wa3t PROPOSED -CTION B NO �� 2:2904 Bak A0 Mac('�9)N3-0)66 feY:(�9)643-N32 SECTION-14.23 TOWNSHIP.50 S RAdc> SE r ;.,. , CODE ,-ENGTH r W10 TM MGEIT , ■I r---- fiTt .7.• 7 ...V•ri 'r I 1 ,.I Illa I—F---IIMLJI 30' 20 ii---- --- 2 ----------,J ,. ,_ i i 0 50 100 2 I i, , TOTAL INN i 1 MANGROVE FRINGE \. —I --" — I I I BO' 1 75% I ! APPX.SO%WIDTH 104. OF WATERWAY -.` B .42 50% I —›-A _____-5---- - . ---- -5 25% -41111P.....,,, ,,,,„7,:,.,--oer sr .-__.. .--- ..._ Ni•-•---'----''' -----,,...i. ,-,-. - - _. ...-- -1-1-1.. . . - . tit L ii d _1 :.i • - B 1,I* • MANGROVE FRB+IGE - tli .., NILW LW UMW UNE y. TOB UN g . . Is----- -— r NOTES- I -----.-,.. i DRAININGS ARE FOR PERMITTING PURPOSES , 1 ONLY AND ARE NOT INTENDED FOR CONSTRUCTION ...,-;•I EXISTING RIP RAP 47.ALL DATUM SHONE HEREON IS REFERENCED TO LEW . „ • ',.7.-....- • ,o APPUCANT OwNS APPROX.938 6*L F Of SHORELINE. 74e ;I:A.. ..._.._.... •._ „ -. - - - - F.,PROPOSED OVERWATER STRUCTURE APpx 8 070*SF ....TIDAL DATUM.AILW(-)0.51NGVID.AlH.)1,5'NOVO '<>TOTAL PROTRUSION FROM MY1W LINE.APPROX 49 FT I TODD T.TI. Rai. 1 I...BOAT LIFTS OPTIONAL FOR ALL SUPS REGISTERED PROFESSIONAL ENGINEER . .. ., PROPOSED DREDGE TO-4.0 B&W ....DREDGE AREA 4102 CU YDS. FLORIDA REGISTRATION NO 39659 '...•SURVEY COURTESY OF'BRLS Suneymg,mr.” LICENSE NO 5875 !' SURVEY DATED 0.0347 • DATE Feb DE 2008 Itt22:13 — --__,_.,■-_____ ____ -- ':,':s, .-,-- Tune,Hall&Associates,Inc, DESIGNED T T T PEI;SON r,8,,,,,,,,e ICZM31 LAKEVIEW DRIVE OF NAPLES, LLC ---.,woo 47.1147, SWEET MEM „../ )r.----r-- ' anne vuonmental mcultmg CREATED =NI 104-01 sCALE MEM ..'-'' k., 3584&giant Ave.Sake B.Napla,FL 34104-3732 PROPOSED WITH DEPTHS +GO NO BEM:oseilentlassccesessom Plxmc(139)43-ota Frr(Z39)643-6632 SECTION-11-14 TOWNSHIP..., CODE -.-LENGTH .WIDTH SUPS a: , \ \ �j A 25' 14' f 22 ` 'itr''.. l - i' w- X E iL B I _ so, 15, ..I.. 20 s _-..-. MANGROVE FRINGE �{ TOTAL 42 1 0 25 50 1E�� _ _. 2 a. ! s SCALE IN I APPX.50%WIDTH Leo OF WATERWAY 104' f ;� 4� ti, o .._---------'" -........-,Nir '9 1.7-Mell'31116561411"116111"1111ni MANGROVE FRINGE -$ yI. MLW LINE ;RECEIVED-`D.:.F=' J M,7 O S ; �. 3 '7 7.MHW LINE 3 _ .. TOG LINE FEB 1 v 20118 ,SOUTH DISTRICT NOTES 3I o THESE DRAWINGS ARE FOR PERMITTING PURPOSES . I�, c j ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. & ,, • EXISTING RIP-RAP ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. Ik . � <>APPLICANT OWNS APPROX.93665L.F.OFSHORELINE. -/' „.Lc- -.?, .>PROPOSED OVERVYATER STRUCTURE'.APEX 8,0701 SF.' n TIDAL DATUM MlON(FRO' MHW LINE APPROX X NOVO. F v TOTAL PROTRUSION FROM trW W LINE APPROX.49 FT. • TODD T.TURRELL o BOAT LIFTS OPTIONAL FOR ALL SLIPS PROPOSED DREDGE TO-4 0 MLW c>DREDGE AREA 8505 CU.YOS. REGISTERED PROFESSIONAL ENGINEER ss SURVEY COURTESY OF"8815 Swr.yI RE inc.”FLORIDA REGISTRATION 00.39659 LICENSE 200 6675 SURVEY DATED.03-03-07 DATE Feb 06.2006 16 26,3 IoasGNED IT TT REVISION 17,0 NAL;E amgwee T• urfTw�rdl,Hall&Associates,Inc• LAKEVIEW DRIVE OF NAPLES, LLC °R„, 6.7I° ° 57-16 D' i_.E �^■ ��Marine&FnviroDmmG1 CoOSUltoEg %" 3%4Exchmse Ave.St B.Naples,FL 341043.732 DEPTHS-` TION A J05 NO 19502 2443-2l0 Emit m hoax(239)611-0166 Fu:(23916406632 SECTION-,a-18 TOWNSHIP-50 S RANO. ..E I .__ I COOE LENGTH WIDTH -SLIPS 1 i- ---"--•-,i -- r--,--, - 5_ f W4eXqN E ' i A',Ittrt ' -----H,-----11%11 i la ' 3D I 15 MANGROVE FRINGE OTAL ; 42 it 0 , i -5 50 IOC, i ----\ —---------------- --------' ' SCALE ENTEET 1 --- I 1 - . . t APPX.50%INIOTH 75% OF VVATERWAY 50% -clr—D t. • ., . -- -- II 1 Uoi lain I- I i Inv ..‘:(.. ...re., .. • .,,,,, 0 ,, ..,-,,,,.; ,. - -:,..-,.. . ... ,.. ,. 1,4 kamormasenristaTwingsgaann.....AM" z!, t,- `,..--,,..-. ,-,"\--- ' . ' - --'. 4.,; '''- '=" --,..,''• -, ;,-, '-:,; ;1.-:--73."'., ........11 6—1 a k i a '- 'IMIONUmlirgrareAV IR 114)2,31M4k7W"I'stafii, - lalgt10 TOWElikli• 1-/7'if, .2-'-'''' '''' '-'" ‘& "5''''''' ''''' - "s' .■ MK s,+\ ill ' VI: MANGROVE FRINGE ■ MLW LE NNW UNE TOE UNE `I t•-.-■ i REZ)E1',-.~7.- -- = ' —0-A -- - -- FSW-"?.---..-":'-,..0..„, „_..., sci.1---, ,.-:.t...s.--Ri--- --...,:---- - , .... - ,-,-.,---7,7 EXISTING RIP-RAP -4—D NO : ---1 Z.-ME DRAWINGS ARE FOR PERMITTING PURPOSES l' ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ...,ALL DATuM SHOWN HEREON IS REFERENCED TO MLW.I. ...APPUCANT OWNS APPROX 938 66 LF OF SHORELINE. I' <>PROPOSED OVERWATER STRUCTURE•APPX 8.0708 ...TIDAL.DATUM-teLVV=H0.5 NOVO.VIRW=N1.5' .N.TOTAL PROTRUSION FROM MNW LINE APPROX 49 FT. , f■ TODD T.TU ELL V. ...BOAT LETS OPTIONAL FOR ALL SLIPS REGISTERED PROFESSIONAL ENGINEER - • PROPOSED DREDGE TO-40 MLW .r...DREDGE AREA.610:CU.YDS. . . FLORIDA REGISTRATION NO.39659 .6.SURVEY COURTESY OF"SENS Surveying,inc.° LICENSE NO 5875 —:_____, SURVEY DATED.03-03-07 , 0.41"E FeEDS,2COB 1628'11 ._._- - —____------_- s;'.—...,41" ---■ Tamil,Hall&Asaciates,Inc. 131=911111111mmEnnumums =111 ir __,--7--------,.-. marine&Eayfroarnentai consulting LAKEVIEW DRIVE OF NAPLES, LLC=mum ..... ..mmm....___ mmoig 35ge&change Ave.State B.Naples,fL 341044732 DEPTHS-SECTION B __________________ E.it taa4MmEssxmatos am:(2%)643-Q/66 Fu:a/9)643-6632 SECTK)14-11-14 x ,0-.. +itr - -2 „- ','..f1-••••.' ^,,,+rte �, . -$x „: `gym -r- s+4■ i^, ,4... - ''e'f r'... r( -'> . l # .fib r '�` -• .p.l „ „, 3• '°,' ".c ant ' .1';.� ." e'11,. #i gM1 fir 3'.:•} 4._ �. SCSI :tt t-1,'. A4, r , ' .j "` .a L .- • } v ".'fit' i_ ' ,. Y° 'P'� *,». 'Q Y4'�1„ v I e • err ilaiiir :4 .p �* � '' �_ ' �.x ��' 3 5 9a• S W r a �t I �# -' •�' *.�� I _ --_ "_.- _ - ---.. -_._ _ - - - - - - .lam_ r � .°w'�,,��,�y,, Ltl,ti-,- — -' T-'- - - 7 -i-'-:1 j'':-''-' '- :,'----.- — -..7L- „-_,-.._,7„ii..„1,../„..., ■,,. :,,.51,,,y, ,,A r;t, ,, ,,•,, n.r.:?»,!•. ,ot...,,, _ _ • r1L t ,R. 41r,"---"'L-,-, i a ,J . _ , '., 7, ,-,: ','T".:Ca.r"' `ikk1=' 5 .{F".. N: a `d ft-1,7-1' ✓- G"; .a -t-.-,-, wt3. 4 .. .f~ ', "� 4. "i' m yr fr ^e. 3, a.er Y , . ,.... ..,,..•... .:,...••...,,, , ` ` o. t :ores <.. . _.,„' ..,j, - • ' 'A'r 4ej-THESE ORAN4NGS AR£FOR PERMITTING PURPOSES r - �„� `:- �' ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE ,--7''. <r ALL DATUM SHOWN HEREON IS REFERENCED TO MLW K { 1 rAPPLICANT O VERWATROX 938.Es LF.OF SRORELWE _- T '.t p, ' „e PROPOSED OVERWATER STRUCTURE.APEX 8.rDF SF - ;.a- 5.. �, >TIOAL DATUM MLW-{-i0.5 ND MMM('ht.5'NGYD '^ I" i. TOTAL PROTRUSION FROM MN LINE:APPROX 49 fT T. I.iRRELL L � _ ca BOAT LIFTS OPTIONAL FOR ALL SLIPS . REGISTER PROFESSIONAL EEG/NEER ,`tea " ¢ s DREDGE AREA EISA CU YDS. FLORIDA REGISTRATION wo.39659 ' '''.••'•-+�iP, q�r•M or .*' '° '1—SURVEY DATER E0 Y 01-788LS SurveysnS.69 LICENSE NO.SE'S I -• _ '�I._ _ __ - DATE Feb 08.2008 151014 + .» _ -"--- ..._ --' Terrell,Hall&Associates,Inc. tAKEVIEW DRIVE OF NAPLES, LLC ��G s s,o s : S ,s x.:u5 .awtta � ?Pn3+• �5 s.-1;70 SKE' D' '!, M21IDe&HallE IOEManaICOdSitihB$ -- ^r• caECrec 03.,S-. av-u 2c�= 3584E=.sgsAN.SmreB.NEpIts,Ff.3810i-37321 PROPOSED', AEt2tk�tL OEn� �: o-�� R,,•� Sad:9 9ZIIU-L sm P5s (139j bi3.0190 Fac(39)533fiG32 SECTION-i9-14 TOWNS-S -SOS WWCSn:-25E i _ i. y CROSS SECTION A-A SCALE;1"=1U 1 .i i _ 1 ` 1 I 30" II i 1 I1 I , i II RECEIVED-D.E.P. FEB 15 2008 j NOTES: —1 SOUTH Niu3 DISTRICT v THESE DRAWINGS ARE FOR PERAVTTBdG PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.!I I _ o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW.I' TODD - o APPLICANT OWNS APPROX.838.81 L.F.OF SHORELINE I' L �>PROPOSED OVERWATER STRUCTURE APPX.8.870_SF REGISTERED PROFESSIONAL ENGINEER <>T30AI.DATUM MLIA -p.5'NGVD.MMN-{.)7 S MGM). FLORIDA PROFESSIONAL NO.34859 .>TOTAL PROTRUSION FROM MHW UNE APPROX 49 FT �': LICENSE NO 5875 5 10 20 `>BOAT LIFTS OPTIONAL FOR ALL SLIPS DATE LICENSE 2_08 7__ '�>DREDGE AREA.BTOt CU YDS a>SURVEY COURTESY OF-MBEs Surveying,inc." 'y''`R u��(� ,L,, SCALE I\FFli7 SURVEY DATED'03.D3-07 ,%;P''''', I W ICnI,++Y11 LK C�15 } OESiGHE� t TT .- REnSipr. �ED,;,DD�� LAKEVIEW DRIVE OF NAPLES, LAC E. 1.T 2-V63308 6 ' `" 1 dmge.i�Suite B. cat;reo. ca.,»� s�ES x 1 4' 35Si Wptes,FL 341013732 EMI mnly mts Phox(239)6434166 Fu W9)643.4633 CROSS SECTION A-A ^rL. 5�n� AB NOTES: ! c>THESE DRAWINGS ARE FOR PERMITTING PURPOSES _ ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE .>ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. s o APPLICANT OWNS APPROX.038 6t L.F.OF SHORELINE 8 <>PROPOSED OVERWATER STRUCTURE APPX.8,0TOt SF. K s>TIDAL DATUM MLW=(-10.5 NOVO,9,4141/00-)1.6'NOVO CROSS SECTION ECTION C C `>TOTAL PROTRUSION FROM MHW LINE:APPROX 49 FT. <>BOAT LIFTS OPTIONAL FOR ALL SLIPS 1 SCALE:NTS ,->DREDGE AREA.81 of CU YOS o SURVEY COURTESY OF"BBLS Surveying,Inc." g SURVEY DATED 03.03.01 60' SPOIL MATERIAL NOT TO EXCEED 6' I STAKED SILT HAY BALES .--SCREEN 6' 6 •0 30' ....> 3O' UPLANDS USED FOR SPOIL CONTAINMENT BASIN CONTAINMENT SECTION TO ACCOMODATE APPROX,610 CU.YDS. jai ' TODD T.CSUR$ELL *.}`,,S1` REGISTERED PROFESSIONAL,ENGINEER (+� ,..r,,,..�""`~• .. FLORIDA REGISTRATION NO 39655 �jLJ LICENSE NO.5875 DATE'. F06,2008 17'.32:1 9 '. ', -!`1 0E52MED TTT R55I$W: T.:E N.'i,IIE Sec�o.1: \'.� ": Tu`rrree1,H.apll�^&N_A—s^s-ocf,iaat_es,.In_e. LAKEVIEW DRIVE OF NAPLES, LLC DRAWN S :0-40% _,�" x Marine&Environmental Castling tREA'EC 03154: 2.f.2005 SC.LE •'TS %' - 3584EX 0SAvg SNIE B.11✓ FL 341043132 CE NJ 95312 0n fog: �>� , (239)6439166 Fax.(2391913.6632 PROPOSED SPOIL ASS SECTION re TOWNSHIP_SO$ RANGE-_,.E i ,' CROSS SECTION D- SCALE:I"_IG D 2 4C 1 I ! jj ._Y� y ��ccc .Tp I ,1 MANGROVE NOTES: aROVE INPACT$, , 1 oHEISKT OF AIANGROWS YWLL NOT SE CAIAHGEfl I •"tN iL ■ 5 i i<>�OCCUR0F MANGROVE AONG MENC R AL PIER'��. , GROWTH ENCROACHES THE DOCK - .. II ry iI ores: —y t-'�:' THESE DRAIMNGS ARE FOR PURPOSES ONLY AND ARE NOT INTENDED FOR PERMITTING USE.I. 1 ALL DATUM SHOWN HEREON IS REFERENCED TO MLW.I;. <>APPLICANT OWNS APPROX.696.6*LF OF SHORELME. It 4...PROPOSED OVERWATER STRUCTURE APPX 6.6709 SF.') <>TIDAL DATUM.MLw{-y6s.NSW).uHV�.y1s•NGw EC:E11tF£� ,7-77-z-,-;--. >TOTAL PROTRUSION FROM NNW UNE.APPROX 49 FT I: o S I O _ . >TOTAL LIFTS OPTIONAL FOR ALL SUPS I1 f g f DREDGE AREA:6t(Tt CU.YDS �� 7t1(kg Q SURVEY COURTESY OF'BBLS Surveying,MC' , LUUUD TO NO 5879 I , SURVEY DATED:03-09-07 SCALE IS 1.11. I SOUTH �� QISI-Hi REGISTERED PR ESSIONAL ENGINEER —'---- c. FLORIDA REGISTRATION NO 3665a ^�' ' LICENSE NO 5675 j)---..., .._- �{ICICU, 011(1L[ UC`tCS LLC. GATE: Feb__X06 18:98 se 0EacNED „..,,,111111111111111.10=111.11.1==== � MSC&EnY;>DO» c ,l LAKEVIEW DRIVE OF NAPLES, LLC gym,6. Emlir s` l: 35S4 Earle?AlaSuiteB.Napls,FL34104-1732 9.72 2-06-2112e' ��"°"""`°m Gt 1sleoy 0146 Far c+�slaa3 sau CROSS SECTION D-D "ENO Joe SECTION-14.21 TOWNSHIP-605 Wow:r=-xc Form 63-343.900(4) FonnTide:Annual Status Report Effective Date; October 3,1991 Environmental Resource Permit Annual Status Report Florida De rartment of Environmental Protection COUNTY: PERMIT NUMBER: PHASE: PROJECT NAME: The following activity has occurred at the above referenced poroject during the past year between June t, and May 30, Date of Fernrit C Acts 1 f of Cam letion C�n reti t n led Com Ip e (Use Additional Sheets As Necessary) Benchmark Description(one per major control structure): • Phone Print Name Date Permittee's or Aurthorized Agent's Signature Title and Company This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year. 63-343.900(4) On-Line Document Formatted 12x01197 keg Form#62-343.900(5),F.A.C. Fonn Tide:As-Built Certification by a Registered Professional Effective Date:October 3,1995 ENVIRONMENTAL RESOURCE PERMIT • AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL Permit Number: Project Name: I hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection. Any substantial deviations(noted below)from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as-built plans certified by a registered professional or Land Surveyor licensed in the State of Florida. Name(please print) Signature of Professional Company Name Florida Registration Number Company Address Date. • City,State,Zip Code Telephone Number (Affix Seal) • Substantial deviations from the approved plans and specifications: (Note:attach two copies of as-built plans when there are substantial deviations). Within 30 days of completion of the system,submit two copies of the form to: 62-343.900(5) On-Line Document Formatted 12/01/97 tag Form ft:62-353.900(7)F.A.C. Form Title: Request for Transfer to Operation Plisse Gffrctive Date: Se tember 25 1995 Request for Transfer of Environmental Resource Permit Construction Phase to Operation (To be completed and submitted by the operating entity) Florida De .rtment of Environmental Protection It is requested that Department Permit Number authorizing the construction and operation of a surface water management system for the below mention project be transferred from the construction phase permittee to the operation phase operating entity. Project: From: Name: Address: City: State: Zip: To; Name: Address: City: State: Zip: The surface water management facilities are hereby pest fictive covenants and articles of incorporation for with the engineers certification and as outlined the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the common areas on which the surface water management system is located.Note thati fthe to riati g ng for entity has not been previously approved,the applicant should contact the Department permit transfer. any,undersigned ave been n r viewed,agrees that all are understoodtand are hereby accepted. Anyp posed modifications hall be if any,have be reviewed, applied for and obtained prior to such modification. Operating Entity: Title: Name Telephone: Enclosure O copy of recorded transfer of title surface water management system O Coy of plat(s) O Copy of recorded restrictive covenants,articles of incorporation,and certificate of incorporation. • 62-393.900(7) On-Line Document Formatted 12101/27 kag • STANDARD MANATEE CONDITIONS FOR IN-WATER WORK July 2005 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. Ail personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing,or killing manatees which are protected under the Marine Mammal Protection Act,the Endangered Species Act,and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"Idle Speed/No Wake"at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible, c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled,shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations,including vessels,must be shutdown if a manatee(s)comes within 50 feet of the operation. Activities will not resume until the manatee(s)has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904232-2580)for north Florida or Vero Beach(1-561-562-3909)for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC)must be used. One sign measuring at least 3 ft. by 4 ft.which reads Caution:Manatee Area must be posted. A second sign measuring at least 81/2"by 11"explaining the requirements for"Idle Speed/No Wake" and the shut down of In-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. FWC Approved Manatee Educational Sign Suppliers ASAP Signs & Designs Vital Signs 624-B Pinellas Street 104615 Overseas Highway Clearwater, FL 33756 Key Largo, FL 33037 Phone: (727)443-4878 Phone: (305)451-5133 Fax:(727)442-7573 Fax: (305)451-5163 Wilderness Graphics,Inc. Universal Signs & Accessories P.O. Box 1635 2912 Orange Avenue Tallahassee, FL 32302 Ft. Pierce, FL 34947 Phone: (850) 224-6414 Phone: (800)432-0331 Fax:(850)561-3943 or(772)461-0665 www.wildernessoraphics.com Fax: (772)461-0669 Cape Coral Signs & Designs New City Signs 1311 Del Prado Boulevard 1829 28th Street North Cape Coral, FL 33990 St. Petersburg, FL 33713 Phone: (239)772-9992 Phone: (727)323-7897 Fax:(239) 772-3848 Fax: (727)323-1897 Municipal Supply & Sign Co. United Rentals Highway 1095 Fifth Avenue, North Technologies P.O. Box 1765 309 Angle Road Naples, FL 33939-1765 Ft. Pierce, FL 34947 Phone: (800)329-5366 Phone: (772)489-8772 or(239)262-4639 or(800)489-8758(FL only) Fax:(239)262-4645 Fax: (772)489-8757 www.municipalsians.com CAUTION : MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision or injury to: 1 -888-404-FWCC (1 -888-404-3922) Florida Fish and Wildlife Conservation Commission SOUTH FLORIDA WATER MANAGEMENT DISTRICT �'t Na . ,_I/ Z. ■ ` . ti I. DISTRICT $:. ;/ District Headquarters:3301 Gun Club Road,West palm Beach,Florida 33406(561)686-8800 www.sfrvmdgov Regulation Application No.: 130913-10 October 21, 2013 STANDARD PACIFIC AND FLORIDA G P INC 405 N REO STREET STE 330 TAMPA,FL 33609 Dear Permittee: SUBJECT: PERMIT NO.:11.03032-P Project : FISHERMANS VILLAGE Location: Collier County, Si 1, 14Tf50SIR25E The District is in receipt of your request to extend the subject permit. The current expiration date of the permit is August 14, 2014. The request meets the requirements of paragraph 40E-4.321(3) or 62- 330.315(2)(a),FAC, therefore the extension is granted. The new expiration date is now August 14,2018. If you have any questions concerning this matter,please contact this office. Since ly, Dan Waters,P.E. Administrator Lower West Coast Service Center DW/kk c: Turret!Hall And Associates Inc C."P A•444'19?4:7'4"41"A-- 10/10/13 Okeechobee Service Confer_3800 N.W.16th Blvd.,Suite A,Okeechobee,FL 34972 (863)462-5260 Lower West Coast Service Center:2301 McGregor Boulevard,,Fort Myers,FL 33901 (239)338-2929 Urieodo Service Curter:1707 Orlando Cenuai Parkway,Suite 200,Orlando,FL 32809 (407)8544100 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla.Stat.,following is notice of the opportunities which may be available for administrative hearing or Judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy,You may wish to consult an attorney regarding your legal rights. RIGHT 70 REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply; 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla, Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat, "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision, Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m, shall be filed as of 8:00 a,m.on the next regular business day. Additional filing instructions are as follows: • Flings by mail must be addressed to the Office of the SFWMD Clerk,P.O.Box 24680,West Palm Beach,Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does nkt constitute filing.To ensure proper filing,it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561)682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev.07/01/2009 1 Initiation of an Administrative Heating Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. Ali petitions shall contain: 1. identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number,if known. 2. The name,address and telephone number of the petitioner and petitioner's representative,if any. 3. An explanation of how the petitioners substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist,the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner,stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111,Fla.Admin.Code,unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573,Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573,Fla.Stat.,at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla.Stat,a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by tiling a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Cleric within 30 days of rendering of the final SFWMi)action. Rev.07/01/2009 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ;g PERMIT TRANSFER FOR ENVIRONMENTAL RESOURCE PERMIT NO. 11-03032-P DATE ISSUED : OCT 04,2013 PERMITTEE: STANDARD PACIFIC OF FLORIDA G P INC (FISHERMANS VILLAGE) 405 N REO STREET SUITE 330 TAMPA,FL 33609 ORIGINAL PERMIT ISSUED: AUGUST 14,2009,MODIFIED AS DESCRIBED IN ATTACHED PERMIT HISTORY. ORIGINAL PROJECT AUTHORIZATION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 20.51-ACRE RESIDENTIAL DEVELOPMENT KNOWN AS FISHERMANS VILLAGE,WITH DISCHARGE INTO HALDEMAN CREEK VIA ON-SITE WETLANDS VIA THE PROPOSED MASTER SURFACE WATER MANAGEMENT SYSTEM. CURRENT AUTHORIZATION: TRANSFER CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 20.51-ACRE RESIDENTIAL DEVELOPMENT KNOWN AS FISHERMANS VILLAGE,WITH DISCHARGE INTO HALDEMAN CREEK VIA ON-SITE WETLANDS VIA THE PROPOSED MASTER SURFACE WATER MANAGEMENT SYSTEM, PROJECT LOCATION: COLLIER COUNTY SECTION: 11,14 TWP: 50S ROE: 25E PERMIT DURATION: AS PREVIOUSLY PERMITTED. In response to Transfer Application No. 130913-15, dated September 12, 2013 this Permit Transfer is issued pursuant to the applicable provisions of Part IV, Chapter 373, Florida Statues (B.S) and Section 62-330.340, Florida Administrative Code. -11 Permit design specifications, special and general/limiting Permit conditions, and other terms and quirements contained in the Permit shall remain in full force and effect unless further modified by the oouth Florida Water Management District and shall be binding upon the Permittee, for the duration of the permit, as specified in Section 62-330.320, Florida Administrative Code. In the event the property is sold or otherwise conveyed, the Permittee shall remain liable for compliance with this Permit until permit transfer to the new owner is approved by the District. Section 62-330.340, Florida Administrative Code requires written notification to the District within 30 days of the transfer of any interest in the permitted real property, giving the name and address of the new owner in interest with a copy of the instrument effecting the transfer. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2- 4 OF 6 (27 SPECIAL CONDITIONS) SEE PAGES 5- 6 OF 6 9 GENERAL CONDITIONS} Stanley"S to ski Section Act ' istrator Regulatory Support Bureau PAGE 1 OF 6 PERMIT NO:11-03032-p PAGE:2 OF 6 SPECIAL CONDITIONS 1. THE CONSTRUCTION PHASE OF THIS PERMIT SHALL EXPIRE ON AUGUST 14,2014. 2. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF FISHERMANS VILLAGE MASTER CONDOMINIUM ASSOCIATION,INC. WITHIN ONE YEAR OF PERMIT ISSUANCE OR CONCURRENT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION, WHICHEVER COMES FIRST, THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS(OR DECLARATION OF CONDOMINIUM,IF APPLICABLE),A COPY OF THE FILED ARTICLES OF INCORPORATION,AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE ASSOCIATION. 3. DISCHARGE FACILITIES: STRUCTURE:CS#219 1-6"W X 8"H RECTANGULAR ORIFICE WITH INVERT AT ELEV.3.75'NGVD 29. 18 LF OF 18"DIA.REINFORCED CONCRETE PIPE CULVERT. 1-24"W X 36'L DROP INLET WITH CREST AT ELEV,5.1'NGVD 29. RECEIVING BODY:ON-SITE WETLANDS CONTROL ELEV:1.6 FEET NGVD 29, 4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECIION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 5, MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY VIOLATIONS DO NOT OCCUR IN THE RECEIVING WATER. 6, THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUAUTY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY, 7. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT, 8. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABUSHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORI. 9. THE PERMITTEE SHALL PROVIDE ROUTINE MAINTENANCE OF ALL OF THE COMPONENTS OF THE SURFACE WATER MANAGEMENT SYSTEM IN ORDER TO REMOVE ALL TRAPPED SEDIMENTS/DEBRIS. ALL MATERIALS SHALL BE PROPERLY DISPOSED OF AS REQUIRED BY LAW. FAILURE TO PROPERLY MAINTAIN THE SYSTEM MAY RESULT IN ADVERSE FLOODING CONDITIONS. 10. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR,THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY,TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. 11. THE PERMITTEE ACKNOWLEDGES,THAT PURSUANT TO RULE 40E-4.101(2), F.A.C„ A NOTICE OF ENVIRONMENTAL RESOURCE OR SURFACE WATER MANAGEMENT PERMIT MAY BE RECORDED IN THE COUNTY PUBLIC RECORDS, PURSUANT TO THE SPECIFIC LANGUAGE OF THE RULE,THIS NOTICE SHALL NOT BE CONSIDERED AN ENCUMBRANCE UPON THE PROPERTY. PERMIT NO:11-03032-P PAGE:3 OF 6 MINIMUM BUILDING FLOOR ELEVATION:CONTROL BASIN- 10,30 FEET NGVD 29. 13, MINIMUM ROAD CROWN ELEVATION:CONTROL BASIN- 5.70 FEET NGVD 29. 14. (EXHIBIT 4.0)PERMITTEE AND ON UTILIZE THE APPLICABLE I CONSTRUCTION APPROVED CONSTRUCTON DRAWINGS POLLUTION TTHE DURATION OF THE PROJECT'S CONSTRUCTION ACTIVITIES. 15. THE URBAN STOMWATER MANAGEMENT PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT 5.0. 16, THE FOLLOWING FOWL NG ADDITION,THESE EEXHIBFTS INCORPORATED BE VIEWED ONTHE DISTRICT'S EPERMITTi G WEBSI EAUND R THIS APPLICATION NUMBER. EXHIBIT 6,0 HOME OWNERS ASSOCIATION(HOA) 17. ENDANGERED SPECIES, THREATENED SPECIES AND/OR SPECIES OF SPECIAL CONCERN HAVE BEEN OBSERVED ONSITE AND/OR THE PROJECT CONTAINS SUITABLE HABITAT FOR THESE SPECIES. IT SHALL BE THE PERMITTEE'S RESPONSIBILITY TO COORDINATE WITH THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ANDIOR THE U.S.FISH AND WILDLIFE SERVICE FOR APPROPRIATE GUIDANCE,RECOMMENDATIONS AND/OR NECESSARY PERMITS TO AVOID IMPACTS TO LISTED SPECIES. 18. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERMITTEE SHALL CONDUCT A PRE-CONSTRUCTION MEETING WITH FIELD REPRESENTATIVES,CONTRACTORS AND DISTRICT STAFF. THE PURPOSE OF THE MEETING WILL BE TO DISCUSS CONSTRUCTION METHODS AND SEQUENCING,INCLUDING TYPE AND LOCATION OF TURBIDITY AND EROSION CONTROLS TO BE IMPLEMENTED DURING CONSTRUCTION, MOBILIZATION AND STAGING OF CONTRACTOR EQUIPMENT, METHODS DF VEGETATION CLEARING, WETLAND PROTECTION METHODS, ENDANGERED SPECIES PROTECTION WITH THE PERMITTEE AND CONTRACTORS, THE PERMITTEE SHALL CONTACT DISTRICT ENVIRONMENTAL RESOURCE COMPLIANCE STAFF FROM THE LOWER WEST COAST SERVICE CENTER AT 239-338-2929 TO SCHEDULE THE PRE-CONSTRUCTION MEETING. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION,THE PERIMETER OF PROTECTED WETLAND/CONSERVATION AREAS SHALL BE STAKED AND SILT FENCED TO PREVENT ENCROACHMENT INTO THE PROTECTED AREAS. USING GLOBAL POSITIONING SYSTEM(GPS)TECHNOLOGY,THE PERIMETER OF THE PRESERVE AREA(S)SHALL BE IDENTIFIED FOR FUTURE REFERENCE. THE DATA SHALL BE DIFFERENTIALLY CORRECTED AND ACCURATE 10 LESS THAN A METER (+1- ONE METER OR BEIALI*, ELECTRONIC COPIES OF THE GPS DATA SHALL BE PROVIDED 10 THE DISTRICT'S ENVIRONMENTAL RESOURCE COMPLIANCE STAFF. THE PERMITTEE SHALL NOTIFY THE DISTRICT'S ENVIRONMENTAL RESOURCE COMPLIANCE STAFF IN WRITING UPON COMPLETION OF STAKING/SILT FENCING AND SCHEDULE AN INSPECTION OF THIS WORK. THE STAKING AND SILT FENCING SHALL BE SUBJECT TO DISTRICT STAFF APPROVAL THE PERMITTEE SHALL MODIFY THE STAKING AND SILT FENCING IF DISTRICT STAFF DETERMINES THAT TT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH THE INTENT OF THIS PERMIT. STAKING AND SILT FENCING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 20. A MITIGATION PROGRAM FOR FISHERMAN'S VILLAGE SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT NO.3.3-3.5. THE PERMITTEE SHALL ENHANCE 3.59 ACRES OF WETLAND COMPENSATION AREAS. 21. THE DISTRICT RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE If MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO ONSITE OR OFFSITE WETLANDS, UPLAND CONSERVATION AREAS OR BUFFERS, OR OTHER SURFACE WATERS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 22. A MONITORING PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT NO.3,3-3.4, THE MONITORING PROGRAM SHALL EXTEND FOR A PERIOD OF 3 YEARS WITH ANNUAL REPORTS SUBMITTED TO DISTRICT STAFF. Al THE END OF THE FIRST MONITORING PERIOD THE MITIGATION AREA SHALL CONTAIN AN 80%SURVIVAL OF PLANTED VEGETATION. THE 00%SURVIVAL RATE SHALL BE MAINTAINED THROUGHOUT THE REMAINDER OF THE MONITORING PERMIT NO 11-03032-p PAGE:4 OF 6 PROGRAM,WITH REPLANTING AS NECESSARY, IF NATIVE WETLAND,TRANSITIONAL,AND UPLAND SPECIES DO NOT ACHIEVE AN 80%COVERAGE WITHIN THE INITIAL TWO YEARS OF THE MONITORING PROGRAM, NATIVE SPECIES SHALL BE PLANTED IN ACCORDANCE WITH THE MAINTENANCE PROGRAM. AT THE END OF THE 3 YEAR MONITORING PROGRAM THE ENTIRE MITIGATION AREA SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION AND AN 80%COVERAGE OF DESIRABLE OBLIGATE AND FACULTATIVE WETLAND SPECIES. 23, A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT NO, 3.3-3,4 FOR THE PRESERVED/ENHANCED WETLAND AREAS ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THOSE AREAS AS PERMITTED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE MAINTAINED FREE FROM CATEGORY 1 EXOTIC VEGETATION(AS DEFINED BY THE FLORIDA EXOTIC PEST PLANT COUNCIL AT THE TIME OF PERMIT ISSUANCE) IMMEDIATELY FOLLOWING A MAINTENANCE ACTIVITY. MAINTENANCE IN PERPETUITY SHALL ALSO INSURE THAT CONSERVATION AREAS,INCLUDING BUFFERS,MAINTAIN THE SPECIES AND COVERAGE OF NATIVE, DESIRABLE VEGETATION SPECIFIED IN THE PERMIT. COVERAGE OF EXOTIC AND NUISANCE PLANT SPECIES SHALL NOT EXCEED 5%OF TOTAL COVER BETWEEN MAINTENANCE ACTIVITIES. IN ADDITION, THE PERMI11EE SHALL MANAGE THE CONSERVATION AREAS SUCH THAT EXOTIC/NUISANCE PLANT SPECIES DO NOT DOMINATE ANY ONE SECTION OF THOSE AREAS, 24, PERMANENT PHYSICAL MARKERS DESIGNATING THE PRESERVE STATUS OF THE WETLAND PRESERVATION AREAS AND BUFFER ZONES SHALL BE PLACED AT THE INTERSECTION OF THE BUFFER AND THE LINE OF DEVELOPMENT, A MAXIMUM OF 300'INTERVALS. THESE MARKERS SHALL BE MAINTAINED IN PERPETUITY. 25. ACTIVITIES ASSOCIATED WITH THE IMPLEMENTATION OF THE MITIGATION, MONITORING AND MAINTENANCE PLAN(S)SHALL BE COMPLETED IN ACCORDANCE WITH THE WORK SCHEDULE ATTACHED AS EXHIBIT NO.3.5. ANY DEVIATION FROM THESE TIME FRAMES WILL REQUIRE PRIOR APPROVAL FROM THE DISTRICT'S ENVIRONMENTAL RESOURCE COMPLIANCE STAFF. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE(1)REASON FOR THE CHANGE,(2)PROPOSED START/FINISH AND/OR COMPLETION DATES;AND(3)PROGRESS REPORT ON THE STATUS OF THE PROJECT DEVELOPMENT OR MITIGATION EFFORT, 26. PRIOR TO COMMENCEMENT OF CONSTRUCTION AND IN ACCORDANCE WITH THE WORK SCHEDULE IN EXHIBIT 3.5 THE PERMITTEE SHALL SUBMIT AN ELECTRONIC OR HARD COPY VERSION OF THE CERTIFIED COPY OF THE RECORDED CONSERVATION EASEMENT FOR THE MITIGATION AREA(S)AND ASSOCIATED BUFFER(S). THE ELECTRONIC VERSION OF THE RECORDED CONSERVATION EASEMENT,AND ASSOCIATED GIS INFORMATION DESCRIBED BELOW,SHALL BE SUBMITTED VIA THE DISTRICT'S EPERMITTINGIECOMPLIANCE WEBSITE, THE GIS DATA SHALL BE SUPPLIED IN A DIGITAL ESRI GEODATABASE(MDB),ESRI SHAPEFILE(SHP)OR AUTOCAD DRAWING INTERCHANGE(DXF)FILE FORMAT USING FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE(3601),DATUM NAD83,HARN WITH THE MAP UNITS IN FEET, A MAP DEPICTING THE CONSERVATION EASEMENT OVER THE BEST AVAILABLE SATELLITE OR AERIAL IMAGERY SHALL ALSO BE PROVIDED. IF THE INFORMATION IS PROVIDED VIA HARD COPY THE GIS DATA SHALL RESIDE ON CD DISK AND BE SUBMITTED TO THE DISTRICT'S ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION IN THE SERVICE AREA OFFICE WHERE THE APPLICATION WAS SUBMITTED, THE RECORDED EASEMENT SHALL UTILIZE THE FORM ATTACHED AS EXHIBIT 3.6.ANY PROPOSED MODIFICATION TO THE APPROVED FORM MUST RECEIVE PRIOR WRITTEN CONSENT FROM THE DISTRICT. THE EASEMENT MUST BE FREE OF ENCUMBRANCES OR INTERESTS IN THE EASEMENT WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT. IN THE EVENT R IS LATER DETERMINED THAT THERE ARE ENCUMBRANCES OR INTERESTS IN THE EASEMENT WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT,THE PERMIITEE SHALL BE REQUIRED TO PROVIDE RELEASE OR SUBORDINATION OF SUCH ENCUMBRANCES OR INTERESTS. 27. MANGROVE TRIMMING IS LIMITED TO ACTIVITIES DETAILED IN THE 2008 DEPARTMENT Of ENVIRONMENTAL PROTECTION PERMIT (11-0274817-001) FOR FINGER PIERS AND WALKWAYS ALONG HALDEMAN CREEK. ALL MANGROVE TRIMMING ACTIVITIES SHALL BE ACCOMPUSHED BY A CERTIFIED PROFESSIONAL MANGROVE TRIMMER AND IN ACCORDANCE WITH THE MANGROVE TRIMMING AND PRESERVATION ACT(SECTIONS 403.93211-403.9333 FLORIDA STATUTES). ICI PERMIT NO;11-03032-P PAGE:5 OF 6 GENERAL CONDITIONS 1. ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH IN THE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPROVED BY THIS PERMIT, ANY DEVIATION FROM THE PERMITTED ACTIVITY AND THE CONDITIONS FOR UNDERTAKING THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV,CHAPTER 373. F.S. 2, THIS PERMIT OR A COPY THEREOF,COMPLETE WITH ALL CONDITIONS,ATTACHMENTS,EXHIBITS,AND MODIFICATIONS SHALL BE KEPT AT THE WORK SITE Of THE PERMITTED ACTIVITY. THE COMPLETE PERMIT SHALL BE AVAILABLE FOR REVIEW AT THE WORK SITE UPON REQUEST BY DISTRICT STAFF.THE PERMITTEE SHALL REQUIRE THE CONTRACTOR TO REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEMENT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT. 3. ACTIVITIES APPROVED BY THIS PERMIT SHALL BE CONDUCTED tN A MANNER WHICH DOES NOT CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMITTEE SHALL IMPLEMENT BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL TO PREVENT VIOLATION OF STATE WATER QUALITY STANDARDS, TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION, AND PERMANENT CONTROL MEASURES SHALL BE COMPLETED WITHIN 7 DAYS OF ANY CONSTRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND MAINTAINED AT ALL LOCATIONS WHERE THE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXISTS DUE TO THE PERMITTED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNTIL CONSTRUCTION IS COMPLETED AND SOILS ARF STABILIZED AND VEGETATION HAS BEEN ESTABLISHED. ALL PRACTICES SHALL BE IN ACCORDANCE WITH THE GUIDELINES AND SPECIFICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANUAL;A GUIDE TO SOUND LAND AND WATER MANAGEMENT(DEPARTMENT OF ENVIRONMENTAL REGULATION, 1986), INCORPORATED BY REFERENCE IN RULE 40E-4,091,F.A.C.UNLESS A PROJECT-SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVED AS PART OF THE PERMIT. THEREAFTER THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF THE BARRIERS. THE PERMITTEE SHALL CORRECT ANY EROSION OR SHOALING THAT CAUSES ADVERSE IMPACTS TO THE WATER RESOURCES, 4. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION START DATE WITHIN 30 DAYS Of THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT,THE g. PERMITTEE SHALL SUBMII TO THE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMMENCEMENT NOTICE FORM NUMBER 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED CONSTRUCTION COMPLETION DATE, 5, WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR,THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO THE DISTRICT ON AN ANNUAL BASIS UTILIZING AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBMITTED THE FOLLOWING JUNE OF EACH YEAR 6. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY,THE PERMITEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A PROFESSIONAL ENGINEER OR OTHER INDIVIDUAL AUTHORIZED BY LAW, UTILIZING THE SUPPUED ENVIRONMENTAL RESOURCE/SURFACE WATER MANAGEMENT PERMIT CONSTRUCTION COMPLETION€CERRFICATION FORM NUMBER 0881A, OR ENVIRONMENTAL RESOURCEISURFACE WATER MANAGEMENT PERMIT CONSTRUCTION COMPLETION CERTIFICATION - FOR PROJECTS PERMITTED PRIOR TO OCTOBER 3,1995 FORM NO. 08618, INCORPORATED BY REFERENCE IN RULE 40E-1.659. F.A.C. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF AS-BUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY,IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE PLANS MUST BE CLEARLY LABELED AS'AS-BUILT'OR"RECORD" DRAWINGS. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. 7. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE: UNTIL THE PERMITTEE HAS COMPLIED WITH THE REQUIREMENTS OF CONDITION(6)ABOVE,AND SUBMITTED A REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE,FORM NO.0920;THE DISTRICT DETERMINES THE SYSTEM TO BE IN COMPLIANCE WITH THE PERMITTED PLANS AND SPECIFICATIONS; AND THE ENTITY APPROVED BY THE DISTRICT IN ACCORDANCE WITH SECTIONS 9.0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT,ACCEPTS RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED TO SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF THE PERMIT BECOMES EFFECTIVE, FOLLOWING INSPECTION AND APPROVAL OF THE PERMITTED SYSTEM BY THE DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERMIT TO THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM THE PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107,F,A.C.,THE PERMITTEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. 8, EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO THE INITIATION OF THE PERMITTED USE OF SITE INFRASTRUCTURE PERMIT NO;11-03032-p PAGE:6 OF 6 LOCATED WITHIN THE AREA SERVED BY THAT PORTION OR PHASE OF THE SYSTEM. EACH PHASE OR INDEPENDENT PORTION OF THE SYSTEM MUST BE COMPLETED IN ACCORDANCE WITH THE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO TRANSFER OF RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PHASE OR PORTION OF THE SYSTEM TO A LOCAL GOVERNMENT OR OTHER RESPONSIBLE ENTITY. 9. FOR THOSE SYSTEMS THAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEMENT OR DEED RESTRICTION IN ORDER TO ENABLE THAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM IN CONFORMANCE WITH 7HLS PERMIT, SUCH EASEMENT OR DEED RESTRICTION MUST BE RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO THE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND MAINTENANCE DOCUMENTS REQUIRED BY SECTIONS 9,0 AND 10.0 OF THE BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT,PRIOR TO LOT OR UNITS SALES OR PRIOR TO THE COMPLETION OF THE SYSTEM,WHICHEVER COMES FIRST. OTHER DOCUMENTS CONCERNING THE ESTABLISHMENT AND AUTHORITY OF THE OPERATING ENTITY MUST BE FILED WITH THE SECRETARY OE STATE,COUNTY OR MUNICIPAL ENTITIES,FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BE RECEIVED BY THE DISTRICT WHEN MAINTENANCE AND OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILURE TO SUBMIT THE APPROPRIATE FINAL DOCUMENTS WILL RESULT fN THE PERMITTEE REMAINING LIABLE FOR CARRYING OUT MAINTENANCE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS. 10. SHOULD ANY OTHER REGULATORY AGENCY REQUIRE CHANGES TO THE PERMITTED SYSTEM,THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF THE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATION IS REQUIRED, 11. THIS PERMIT 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 THIS PERMIT, THIS PERMIT DOES NOT CONVEY TO THE PERMITTEE OR CREATE IN THE PERMITTEE 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 PERMITTEE,OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40,F.A.C„ 12. THE PERMITTEE IS HEREBY ADVISED THAT SECTION 253.77, F.S. STATES THAT A PERSON MAY NOT COMMENCE ANY EXCAVATION,CONSTRUCTION,OR OTHER ACTIVITY INVOLVING THE USE OF SOVEREIGN OR OTHER LANDS OF THE STATE,THE TITLE TO WHICH IS VESTED IN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WITHOUT OBTAINING THE REQUIRED LEASE, LICENSE,EASEMENT,OR OTHER FORM OF CONSENT AUTHORIZING THE PROPOSED USE. THEREFORE,THE PERMITTEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIVITY ON SOVEREIGNTY LANDS OR OTHER STATE-OWNED LANDS. 73- THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING,UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(3),FA.C.,ALSO KNOWN AS THE NO NOTICE`RULE. 14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, ALTERATION, OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY THE PERMIT. 15. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTHER SURFACE WATER SUBMITTED AS PART OF THE PERMIT APPLICATION,INCLUDING PLANS OR OTHER SUPPORTING DOCUMENTATION,SHALL NOT BE CONSIDERED BINDING,UNLESS A SPECIFIC CONDITION OF THIS PERMIT OR A FORMAL DETERMINATION UNDER SECTION 373.421(2), F.S., PROVIDES OTHERWISE. 16. THE PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING WITHIN 30 DAYS OF ANY SALE,CONVEYANCE,OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM OR THE REAL PROPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 40E-1.6105 AND 40E-1.6107,F.A.C.. THE PERMITTEE TRANSFERRING THE PERMIT SHALL REMAIN LIABLE FOR CORRECTIVE ACTIONS THAT MAY BE REQUIRED AS A RESULT OF ANY VIOLATIONS PRIOR TO THE SALE,CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED S7AFF WITH PROPER IDENTIFICATION SHALL HAVE PERMISSION TO ENTER, INSPECT, SAMPLE AND TEST THE SYSTEM TO INSURE CONFORMITY WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE PERMIT, 16, IF HISTORICAL OR ARCHAEOLOGICAL ARTIFACTS ARE DISCOVERED AT ANY TIME ON THE PROJECT SITE,THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. 19. THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSLY SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE, PERMIT HISTORY 03-OCT-2013 transfer hletory Permit No: 11-03032-P Project Description: FISHERMANS VILLAGE 14•AUG-09 080425.10 ERP NEW GENERAL STANDARD PERMIT LAKEVIEW DRIVE OF NAPLES,LLC FISHERMAN$VILLAGE 04-OCT-13 130913-13 ERP TRANS GENERAL PERMIT TRANSFER STANDARD PACIFIC OF FLORIDA G P ING FISHERMANS VILLAGE Page 1 of 1 �Eil�l. •.f, r t-. t ±, t t1 om. c s S u..f a,OR1D , Wj T i 11AG A District Hwdquortpra 3301 Gun Club Reed,Wert Palm Beady,Florida 33406 (561)686-8800 www.sfwuid.gov wmd. ov Application 130913-15 Permit 11-03032-P October 4,2013 Standard Pacific Of Florida G P Inc 405 N Reo Street Suite 330 Tampa, FL 33609 Dear Permittee: Subject: Notice of Permit Transfer Fishermans Village Collier County,Section 11,14, Township 50 South, Range 25 East In response to your request which we received on September 13, 2013 for transfer of the above, Permit 11-03032-P has been officially transferred from the current permittee, Lakeview Drive of Naples, LLC, to Standard Pacific of Florida,GP, Inc.,subject to the attached Notice of Rights. As a •condition of transfer you have agreed that all terms and conditions of the permit and subsequent modifications, if any,are understood and accepted, and any proposed modification shall be applied for and authorized by this District prior to such modification. The Permit Transfer document including conditions and permit history are enclosed. Outstanding compliance issues associated with the permit were identified during the transfer review. Please contact Roxanne Clifton at rclifton@sfwmd.gov or (239) 338-2929 ext 7717 for more information. Copies of the permit documents can be obtained from the District's ePermitting website at www,sfvvmd.gov/ePermitting. If you have questions, please contact Elizabeth Veguilla at jpfaff @sfwmd.gov or(561)682-6739. Okeechobee.Service Caner:38001..W,16th Blvd.,Suite A,OLcechobea.FL 44972 (863)462-526p l Lower Welt Coast Service Center 2301 McOregot Boulevard,,Fort Myers,FL 33901 (239)338-2929 Orlando Service Ceater:1707 Orlando Central Parkway,Suite 200,Orlando,FL 32809 (407)858-6100 Application 130913-15 Permit 11-03032-P October 4,2013 Sincerely, .'' • ; :1 ,..tvf.T1 i f Manley Orlowski Section Administrator Regulatory Support Bureau SO/j .. C: Collier County Engineer(via email) Karyn Allman,SFWMD(via email) Lakeview Drive of Naples,LLC CERT#7010 1060 0000 3551 6502 Marielie Kitchener,Turret Hall and Associates, Inc. Roxanne Clifton,SFWMD(via email) NOTICE ICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat.,following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADb INISTRATWE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120,57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Ha. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m, shall be flied as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: d Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O, Box 24680, West Palm Beach,Florida 33416. o Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing.To ensure proper filing,it will be necessary to request the SFWMG's security officer to contact the Cleric's office. An employee of the SFWMD's Clerk's office will receive and file the petition. G Filings by facsimile roust be transmitted to the SFWMD Clerk's Office at(561)682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result, The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev,07/01/2009 Initiation of an Administrative Hearing Pursuant to Rules 28-106201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain: . Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number,if known. 2. The name,address and telephone number of the petitioner and petitioner's representative, if any. 1 An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact, If there are none,the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist,the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner,stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106,111,Fla.Admin.Code,unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla.Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is.not proposing mediation for this agency action under Section 120.573,Fla,Stat.,at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla.Stat.,a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9,110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev.0710112009 2 �`F tYe I¢ SOUTH FLORIDA WATER MANAGEMENT DISTRICT . ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11-03032-P DATE ISSUED:August 14,2009 Form 40941 08/95 PERMITTEE: LAKEVIEW DRIVE OF NAPLES LLC 3530 KRAFT ROAD,STE 300 NAPLES,FL 34105 PROJECT DESCRIPTION: This application is a request for an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 20.51-acre residential development known as Fishermans Village, with discharge into Haldeman Creek via on-site wetlands via the proposed master surface water management system PROJECT LOCATION: COLLIER COUNTY, SEC 11,14 TWP 505 RGE 25E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4 321, Florida Administrative Code This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No 090425.10,dated April 25.2008 This action is taken pursuant to Rule 40E.1 603 and Chapter 40E-40.Florida Administrative Code IF A C I Based on the information provided.District rules have been adhered to and an Environmental Resource General Permit is in effect for INS project subject to 1 Not receiving a filed request for a Chapter 120,Fonda Statutes administrative hearing 2 the attached 19 General Conditions (See Pages 2-4 01 7), 3. the attached 27 Special Conditions(See Pages 5-7 of 7)and 4 the attached 6 Exhibit(s) • Should you object to these conditions,please refer to the attached"Notice of Rights"which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office it you have any questions concerning this matter. If we do not hear from you in accordance with the-Notice of R.ghls.'we wiN assume that you concur with Use District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a"Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached dislribut' ist)ne.late an 5'00 p.m. on this 14th day of August, 2009, in accordance with Section 120.60(3), F a SIA105s. • Ricard6 A. Valera,P.E. Director, LWC Regulatory Division Collier County Service Center Certified mail number 7008 1140 0001 4 113 9428 Page 1 of 7 NOTICE OF RIGHTS As required by Sections 120.56911), and 120.60(3),Fla Stat., following is notice of the opportunities whin may be available for administrative hearing or ludiciai review when the substantial interests of a party are determined by an agency Please note that this Notice of Rights is not intended to provide legal advice Not all the legal proceedings detailed below may be an applicable or appropriate remedy You may wish to consult an attorney regarding your legal rights RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120 569 and 120.57, Fla. Slat Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla Stat. 'Receipt of written nonce of agency decision" means receipt of either written notice through mail, or electronic mail. or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing w°thin the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by email wilt not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5-00 p.m shall be filed as of 8:00 a.m on the next regular business day. Additional filing instructions are as follows: O Filings by mail must be addressed to the Office of the SFWMD Clerk, P 0 Box 24680, West Palm Beach, Florida 33416. • Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing,it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition s Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561)682-6010. Pursuant to Subsections 28-106 104(7), (8) and (9), Fla Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev OM:1'2009 1 Initiation of an Administrative Hearing Pursuant :o Rates 28.106.201 and 28-105 301. Fia Admin Code. initiation of an adinr strat;ve hearng shall be made by written petition to he SFWMD in legible form and on 3 and 1/2 by 11 inch while paper All petitions saati contain i Identification of the action being coneesled .ncluding the permit number, application number. District tile number or any other SFWMD identification number, if known. 2 The name, address and telephone number of the petitioner and petitioner's representative.if any 3 An explanation of how the petitioner's substantial interests wit! be affected by the agency determination 4. A statement of when and how the petitioner received notice of the SFWMD's decision. A statement of all disputed issues of material fact If there are none,the petition must so indicate o A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action 8. If disputed issues of material fact exist, the statement must also incIude an explanation of how the alleged facts relate to the specific rules or statutes 9. A statement of the relief sought by the petitioner, stating precisely the action the petiIone,wishes the SFWMD to lake with respect to the SFWMD's proposed action. A person may file a request for an extension of time for fling a petition The SFWMD'nay for good cause, grant the request. Requests for extension of lime must be filed with the SFWMD prior to the deadline for tiling a petition for hearing Such requests for extension shall contain a certificate that the moving party has consulted with a.l other parties concerning the extension and that the SFWMD and any otter parties agree to or oppose the extension.A timely request for extension of time shall loll the running of the time period'or filing a aetilion until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106 111 Fla Admin. Code,unless otherwise provided by law Mediation The procedures for pursuing mediation are set fore) in Section 120 573, Fla Slat, and Rules 28-106 111 and 28-106.401-405. Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat.. at this time RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla.Slat.,a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9 110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SF1NSAD action. Rtiv 2 Appiicai+on No O8C425-10 ,'are2of7 GENERAL CONDITIONS t All activities authorized by this permit shall be implemented as set forth in the plans, specifications and conditions ons for undertaking approved thatt activity shall constitute anviolation iof this permit permitted d Part IV,tChap and 373 F.S. 2 This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved oy this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction,and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1986), incorporated by reference in Rule 40E-4.091, F.A,C. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. Al least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction.Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. s. Within 30 days'after completion of construction of the permitted activity,the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification- For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference in Rule 40E-1,659, F.A.C. The statement of completion and certification shall be based on onsile observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process,the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as"as-built"or"record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective. until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No.0920;the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit ApW,calion NO 050425. 4) Page 3 GENERAL CONDITIONS Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system The permit shall net be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permitlee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A C., the permitlee shall be liable for compliance with the terms of the permit 8 Each phase ur independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9 For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit. such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10,0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system,whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State,county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system.the permitlee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required 11. This permit does not eliminate the necessity to obtain any required federal,slate, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permitlee or create in the permitlee 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 permittee,or corvey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states tha! a person may not commence any excavation,construction,or other activity involving the use of sovereign or other lands of the State,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease,license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other slate-owned lands. 13 The permittee must obtain a Water Use permit prior to construction dewatenng, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3),F.A.C.,also known as the No Notice"Rule. 14 The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration,operation,maintenance,removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit Application No 080425-1 Page 4 0! GENERAL CONDITIONS application, including plans or other supporting documentation. shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373,421(2), F,S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale,conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shalt immediately notify the appropriate District service center. 15. The permittee Shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate, • 4Dp14cabun NO. 080425-10 Pica 5 r SPECIAL CONDITIONS + The construction phase of this permit shall expire on Acgust 14, 2014 2 Operation of the surface water management system shall be the responsibility of FISIERMANS VILLAGE MASTER CONDOMINIUM ASSOCIATION, INC Within one year of permit issuance or concur-ent with the engineering certification of construction completion,whichever conies first, the permdtee shall submit a copy of the recorded deed restrictions(or declaration of condominium, if applicable). a copy of the filed articles of incorporation,and a copy of the certificate of incorporation for the association. 3 Discharge Facilities. Structure: CS#219 1-6"W X 8"H RECTANGULAR ORIFICE with invert at elev 3.75'NGVD 29, 18 LF of 18"dia. REINFORCED CONCRETE PIPE culvert. 1-24"W X 36"L drop inlet with crest at elev. 5.1'NGVD 29. Receiving body:ON-SITE WETLANDS Control elev: 1.6 feet NGVD 29. 4 The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operatics of the surface water management system. 5 Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water 8. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary 7 Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8 A stable, permanent and accessible elevation reference shall be established on or within ore hundred (100)feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the Certification report. 9 The permittee shalt provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse floodirg conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 11. The permittee acknowledges, that pursuant to Rule 40E-4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property 12 Minimum building floor elevation:CONTROL BASIN- 10.30 feet NGVD 29. 13 Minimum road crown elevation:CONTROL BASIN- 5.70 feet NGVD 29. 14 The permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan(Exhibit.1 0) and on the applicable approved construction drawings for the duration of the project's construction Apphr.atton No 060425-10 Page 6 of 7 SPECIAL CONDITIONS activities. 15. The Urban Stomwater Management Plan shall be implemented in accordance with Exhibit 5.0. 16. The following exhibits for the permit are ircorporated by reference herein and are located in the permit Me. In addition, these exhibits can be viewed on the District's ePermitting website under this application number. Exhibit 6 0 Home Owners Association(i�OA) 17. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shah be the permittee's responsibility to coordinate with Florida i di Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. 1s. Prior to the commencement of construction, the permittee shall conduct a pre-construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing.including type and location of turbidity and erosion controls to be implemented during construction,mobilization and staging of contractor equipment.methods of vegetation clearing,wetland protection methods, endangered species protection with the permittee and contractors. The permittee shall contact District Environmental Resource Compliance staff from the Lower West Coast Service Center at 239-338-2929 to schedule the pre-construction meeting. 19. Prior to the commencement of construction, the perimeter of protected wetland/conservation areas shall be staked and silt fenced to prevent encroachment into the protected areas. Using Global Positioning System (GPS)technology, the perimeter of the preserve area(s)shall be identified,for future reference. The data shall be differentially corrected and accurate to less than a meter (+/- one meter or better). Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of stakingtsilt fencing and schedule an inspection of this work. The staking and silt fencing shalt be subject to District staff approval, The permittee shall modify the staking and silt fencing if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Staking and silt fencing shall remain in place until all adjacent construction activities are complete. 20. A mitigation program for Fisherman's Village shall be implemented in accordance with Exhibit No.3,3-3.5. The permittee shall enhance 3.59 acres of wetland compensation areas. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers,or other surface waters have occurred due to project related activities. 22 A monitoring program shall be implemented in accordance with Exhibit No. 3.3-3.4. The monitoring program shall extend for a period of 3 years with annual reports submitted to District staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80%survival rate shall be maintained throughout the remainder of the monitoring program,with replanting as necessary. If native wetland,transitional,and upland species do not achieve an 80%coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 3 year monitoring program the entire mitigation area shall contain an 80%survival of planted vegetation and an 80%coverage of desirable obligate and facultative wetland species. 23. A maintenance program shall be implemented in accordance with Exhibit No. 3.3-3.4 for the preserved/enhanced wetland areas on a regular basis to ensure the integrity and viability of those areas Arriketio.J'{p 0x3425-10 P396 7 tN 7 SPECIAL CONDITIONS as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained free horn Category 1 exotic vegetation(as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also Insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities In addition, the permittee shall manage the conservation areas such that exotic/nuisance plant species do not dom Hate any one section of those areas. 24 Permanent physical markers designating the preserve status of the wetland preservation areas and buffer zones shall be placed at the intersection of the buffer and the line of development, a maximum of 300' intervals These markers shall be maintained in perpetuity. 25. Activities associated with the implementation of the mitigation, monitorng and maintenance plan(s)shall be completed in accordance with the work schedule attached as Exhibit No 3.5. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3)progress report on the status of the project development or mitigation effort. 26 Prior to commencement of construction and in accordance with the work schedule in Exhibit 3.5 the permittee shall submit an electronic or hard copy version of the certified copy of the recorded conservation easement for the mitigation area(s) and associated buffer(s). The electronic version of the recorded conservation easement, and associated GIS information described below, shall be submitted via the District's ePermitting/eCompliance website. The GIS data shall be supplied in a digital ESRI Geodatabase(mdb),ESRI Shapefite(shp)or AutoCAD Drawing interchange(dxf)fife formal using Florida State Plane coordinate system, East Zone (3601), Datum NAD83, HARN with the map units in feel. A map depicting the Conservation Easement over the best available satellite or aerial imagery shall also be provided. If the information is provided via hard copy the GIS data shall reside on CD disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall utilize the form attached as Exhibit 3.6.Any proposed modibcation to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shalt be required to provide release or subordination of such encumbrances or interests. 27. Mangrove trimming is limited to activities detailed in the 2008 Department of Environmental Protection Permit(11-0274817-001)for finger piers and walkways along Haldeman Creek. All mangrove trimming activities shall be accomplished by a certified professional mangrove trimmer and in accordance with the Mangrove Trimming and Preservation Act(Sections 403.9321403.9333 Florida Statutes). erp S1ati re,wrt rrjf Last Date For Agency Action: August 14.2009 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Fishermans Village Permit No.: 11-03032-P Application No.: 080425-10 Application Type:Environmental Resource(New General Permit) Location: Collier County, S11,14,750S/R25E Permittee Lakeview Drive Of Naples.Lic Operating Entity : Fishermans Village Master Condominium Association, Inc. Project Area: 20.51 acres Project Land Use: Residential Drainage Basin: WEST COLLIER Sub Basin: HALDEMAN CREEK Receiving Body: on-site wetlands via the proposed master SWMS Class:CLASS Ill Special Drainage District: NA Total Acres Wetland Onsite: 4.99 Total Acres Wetland Preserved Onsite: 4.20 Total Acres Impacted Onsite: .79 Total Acres PresviMit Compensation Onsite: 4.20 Offsite Mitigation Credits•Mit.Bank: .14 Little Pine Island Conservation Easement To District: Yes Sovereign Submerged Lands: No PRPJECt f:URPO&E:. This application is a request for an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 20 51-acre residential development known as Fishermans Village,with discharge into Haldeman Creek via on-site wetlands via the proposed master surface water management system. App no 080425-10 Page 1 of 10 -51a3_r.porl rat PROJECT EVALUATION: PROJECT SITE DESCRIPTION: The site is located just south of Haldeman Creek on the south side of US 41,0.26 miles west of Bayshore Drive, at the west end of Lakeview Drive in Naples. Collier County Haldeman Creek runs through the northern tip of the property. The northern portion separated by the Creek is a mitigation area for a Department of Environmental Protection (DEP)permit. A man made canal and small basin are located adjacent to the eastern portion of the property. The site is surrounded by single and multi family residential developments and commercial waterfront A location map is attached as Exhibit 1.0. There are no permitted surface water management facilities within the project area. The site is currently undeveloped. It was previously cleared in year 2007, and used as a staging and disposal site by Collier County for the dredging of Haldeman Creek. Please refer to the"Project Background"section of this staff report for more details The site contains 11.10 acres of undeveloped previously disturbed land, 4.37 acres of mangrove wetlands,0 61 acres of exotic wetland hardwoods,0 37 acres of vegetated spoil areas,and 4.06 acres of open water/estuary habitat. An existing DOT drainage easement is located along Haldeman Creek. The easement area incorporates a total of 0.28 acres of shoreline along the north and south side of the creek that consists of wetland vegetation and disturbed land. Please see Exhibit 3.0 for a FLUCCS habitat map. The project proposes to directly impact 0.79 acres of wetlands with secondary impacts to 1,65 acres The direct impacts includes 0;16 acres of previously authorized impacts(please see wetland impact section) PROJECT BACKGROUND: In 1993, the property received a permit (11231595) from the Florida Department of Environmental Protection (FDEP), formerly Department of Environmental Regulation (DER), which authorized the construction of a residential community wilt- docks. The permit authorized 1.38 acres of wetland and other surface water impacts. Some land clearing and disturbance occurred, but no structures were built In 2006. the property received a permit from the FDEP (11-0217156-002) to authorize dredging of Haldeman Creek and allowed the property to be utilized as a spoil containment and disposal site. The permit authorized 1.05 acres of freshwater wetland impacts and 0.36 acres of estuarine wetland impacts. The work and mitigation for impacts was completed, which included the purchase of 0.36 forested saltwater mitigation bank credits at Little Pine Island. However,a portion of the freshwater and estuarine impacts did not occur. In 2008, the property received a perrnil from the FDEP (11-0274817-001)for fifteen finger piers, a marginal dock,and five access walkways. Please see permanent permit file for a copy of these permits. In addition, this information can be viewed on the District's ePermitting website under this application number. PROPOSED PROJECT-- The applicant proposes Construction and Operation of a total of ten (10) buildings with a total of 72 residential units (4 buildings with 66 multi-family units and 6 buildings for 6 single-family units) with associated site improvements and amenities such as a pool and deck with bathrooms, a kayak storage structure, tennis courts,internal access roadways(Fistierrnans Dave,Fishermans Lane,and Fishermans Court), and a master surface water management system (SWMS). Access to the site will be from Lakeview Drive The total applicant-owned area is 20.51 acres; however, the controlled basin area is 10.68 acres. The site details and drainage plans are attached as Exhibit 2.0. Tne master SWMS consists of a combination eight(8)interconnected dry retention areas. The site runoff will be directed to the master 5W AS via sheetflow and interconnected drainage structures which discharges into on-site wetlands via control structure CS#219 located at the north side of dry retention App ro. 080425 10 Page 2 el 10 erp 5tatf_repurt rd1 area#6. The proposed minimum perimeter berm elevation is 15.10 ft NGVD. As part of the proposed project the applicant will replace the existing 12-inch RCP culvert located under the proposed Fishermans Drive just west of the on-site wetland preserve. The existing culvert will be replaced with a proposed 24-inch diameter ADS culvert fitted with bubble-up structures. The proposed culvert will have the same grate elevations as the existing culvert, which was permitted as part of the 1993 DER Permit Number 111827605. No adverse water quality and quantity impacts are anticipated as a result of the proposed project. - BUILDING COVERAGE includes area covered by carports. - DRY RETETION AREAS represents the total retention area at elevation 5.50 ft NGVD. - IMPERVIOUS includes 0.19 acres for pool deck,0.56 acres for sidewalks, and 0.32 acres for tennis courts. - OTHER represents the area covered by canals and bays outside of the controlled basin area for the • master SWMS - WETLANDS represents the area other open space and preserves outside of the controlled basin area for the master SWMS. Construction: Project: This Phase Building Coverage 1.79 acres Dry Retention Areas 2.42 acres Impervious 3.53 acres Other 5,77 acres Pervious 2.94 acres Wetland 4.06 acres Total: 20.51 Basin: CONTROL BASIN Total Basin Building Coverage 1.79 acres Dry Retention Areas 2.42 acres • Impervious 3.53 acres Pervious 2,94 acres Total; 10.68 ARP no.: 080425-10 Page 3 of 10 -'>, stafi_report;di WATER QUANTITY: Discharge Rate: As shown in the table below, the proposed master SWMS provides attenuation for the 25 year-3 day storm event within the allowable discharge rate of 1.60 cfs for the contributing area of 10 68 acres based on 0.15 cfsiacre per the Collier County Ordinance 2001-27 In addition, the control elevation was established based on both the mean higher high water for tidal waters and the on-site wetland Indicators. Discharge Storm Frequency. 25 YEAR-3 DAY Design Rainfall: 11.8 inches Basin Allow Disch Method Of (cfs) Determination Peak Disch Peak Stage CONTROL BASIN - (cfs) (ft,NGVD 29) 1 6 Conveyance Limitation 1.59 5 07 Finished Floors: Building Storm Frequency: 100 YEAR-3 DAY Basin Design Rainfall: 14.8 inches Peak Stage Proposed Min.Finished Floors FEMA EMA Elevation (ft,NGVD 29) (ft,NGVD 29) (ft, NGVD 29) CONTROL BASIN 7.8 - 10.3 10 3 Road Design : Rcad Storm Frequency:25 YEAR-3 DAY Design Rainfall- 11 8 inches Basin Peak Stage Proposed Mtn.Road Crown (ft,NGVD 29) (ft.NGVD 29) CONTROL BASIN 5.07 s:7 Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) (ft,NGVD 29) (ft,NGVD 29) Determination CONTROL BASIN 10.68 1.6 ._ 1.57 Other Receiving Body: . Basin Str.# __Receiving Body Control Basin CS#219 ON-SITE WETLANDS Discharge Structures: Note:The units for all the elevation values of structures are (ft,NGVD 29) Culverts: Basin Stmt Count CONTROL BASIN CS#219 1 r Type __---1Nichh Length Dia. Reinforced Concrete Pipe 18' 71.8" •. Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. CONTROL BASIN CS#219 1 - Inlet - 24°. 3b 5 1 Water Quality Structures: Note: The units to all the elevation values of structures are (ft, NGVD 29) Ap{o no 080425.10 Page 4 ni ID erp_s l arf_•repo rt.rd t Water Quality Structures:- Bleeders: Basin Strii Count Type Width Height Length Dia, Invert Invert Elev. Angle _ • 375 CONTROL CS#219 1 Rectangular Orifice 6" 8., BASIN WATER QUALITY: The master SWMS provides the required attenuation and the water quality volume based on 1-inch over the basin area plus an additional 50 % treatment as listed in the table below. Pollutant loading calculations demonstrate the SWMS reduces the post-development loadings of storm water nutrients to levels less than the loadings generated under pre-development conditions. This analysis required two (2) inches over the basin area (1.78 ac-ft)of dry retention volume to demonstrate post-development loading were less than pre-development loading_ In addition, a Construction Pollution Prevention Plan and an Urban Stormwater Management Program specifications and guidelines are part of the required water quality. Construction and daily operation of the project shall be conducted in accordance with Special Condition Nos 14 and 15,and Exhibits 4.0 and 5.0 shall be retained in the permit file. No adverse water quality impacts are anticipated to result from this project. Basin Treatment Method Vol Req.d Vol (ac-ft) Prov'd CONTROL BASIN Treatment Dry Retention 1 78 1.78 There are 4.98 acres of wetlands onsite and 4.06 acres of bay/estuary habitat. A total of 1.29 acres of mangrove, Australian pine infested mangrove, and exotic wetland hardwood on the north side of Haldeman Creek are mitigation for the 2008 FDEP permit and are set aside in a FDEP Conservation Easement. This acreage was not included in the wetland mitigation or impact analysis,but is included in project area. Additionally,0.14 acres of wetlands within the existing DOT easement along the creek are included in the total wetland habitat ensile as 'retained' wetland vegetation, but is not included in the District conservation easement area for this application. The bay and estuary habitat consists of the open water of Haldeman Creek/canal and the open water estuary habitat located within the east central portion of the project area. The mangroves are located primarily in the center of the site surrounding the bay/estuary. There are black,white and red mangroves within the natural mangrove forest. Mangrove habitat is also located along Haldeman Creek and includes previously planted and restored red mangrove shoreline habitat. The planted mangroves along Haldeman Creek are the result of a created shoreline per the 1993 DER permit. Throughout the mangrove habitat are patches of restored mangroves from spoil piles,also a result of previously permitted mitigation. On the south side of the creek, exotic vegetation is scattered, and less than 25% including beach naupaka (Scaevola sp.), Australian pine, ear leaf acacia, and Brazilian pepper. Native vegetation includes coin vine and leather fern within the mangroves and various grass and sedge species,Caesar weed,ragweed,and frog fruit within the disturbed portions of the property. A linear spreader swale located at the southern end of the mangrove bay preserve provides hydrology to these wetlands. The control elevation for the site was based on the mean high water elevation from tidal datum elevation per FDEP. App no 080425 10 Page 5 o i l 0 erp stafl_report.rdl Wetland impacts: The applicant is proposing to directly impact 0.79 acres of mangrove wetland aria secondarily impact 1 65 acres of mangrove wetlands. The secondary impacts are due to a lacx of a 25-ft natural buffer Structural buffers consisting of a guard rail or equivalent will be installed along the road and a berm planted with native species on the back slope will he established along the remaining preserve areas The direct impacts are primarily from the enhancement of an existing dirt access road to the properly which needed to meet the minimum width requirements allowed under Collier County Code. Due to the implementation of practicable design modifications to reduce adverse impacts to wetland and other surface water functions, the project meets 4.2.1.1 of the Basis of Review. Exhibit 3.1 indicates the currently proposed wetland impacts. Additionally, this Exhibit indicates the 0.16 acres of estuarine wetland impacts previously authorized and mitigated under the 2006 DEP permit. Please see Exhibit 3 2 for a history of previously permitted wetland impacts and onsite mitigation. As shown on Exhibit 3.2, of the 0.48 acres of permitted wetland impacts associated with 1993 development permit from DER,only 0.16 acres of impacts occurred from the installation of the dirt access road. Additionally, of the 1.05 acres of permitted freshwater wetland impacts associated with the 2006 DEP dredging permit,only 0,91 impacts occurred Impacts to the mangroves along Haldeman Creek from proposed docks and walkways have been accounted for in the 2008 FDEP permit. The mangrove areas under the docks and walkways were excluded from the mitigation calculations. Other than the mangrove trimming allowed under the 2008 FDEP permit for maintenance of the dock and walkway access, no mangrove trimming for view enhancement,height related trimming,or otherwise will be allowed(Please see special condition 27). Mitigation Proposal: The applicant proposes onsite and offsite mitigation to offset the wetland impacts. The onsite mitigation was assessed using UMAM based on previously approved onsite enhancement and mangrove shoreline creation pursuant to the 1993 DER permit(see permanent permit file). The quality of the wetlands prior to the onsite mitigation were based on old photos, aerials,and descriptions of the habitat within the 1993 permit. The previously permitted mitigation plan included exotic vegetation removal, scraping down and replanting spoil piles,reshaping a portion of the canal bank and replanting the bank with red mangroves. The initial exotic removal and other onsite wetland enhancement and creation ocurred in the 1990s. Currently, the planted red mangroves along the created shoreline adjacent to Haldeman Creek appear healthy, with little to no apparent die off. However, in this area the mangroves are growing closely together in a thick stand,and additional time is required for the mangroves to thin out and mature. All of the planted mangrove habitat within the enhanced and created areas appear to receive regular innundation with tidal fluctuations and provide connected estuarine habitat to the bay and creek area. The current mitigation plan will remove the exotic vegetatation and debi is from the adjacent canal/creek that is beginning to encroach into the wetlands The remaining functional loss not accounted for by the onsite mitigation was previously mitigated for pursuant to the 2006 FDEP permit mitigation bank credits The permit required 0.36 credits from Little Pine Island Mitigation Bank. A portion of the approved impacts did not occur, leaving 0.14 credits, A copy of the Little Pine Island ledger indicating the 0.36 credits is attached as Exhibit 3.8. Monitoring/Maintenance: A maintenance and monitoring plan and map are attached Exhibits 3.3 and 3.4 The onsite mitigation (initial exotic control and plantings)were conducted via the original 1993 DER permit. Due to the initial exotic maintenance and planting having been successfully completed, the preserve areas will be monitored for a period of three years with annual monitoring reports submitted to the District Due to the App no. 080425-10 Pay.15 of 10 )rp_staff_repon.rat location of the project adjacent to a waterway, the maintenance activties includes removing trash that rafts up into the mangrove preserves. The work schedule for the mitigation, maintenance.and monitoring activities is attached as Exhibit 3 5. Wetland Inventory: The Little Pine Island Mitigation Bank credits were purchased as a part of the mitigation for 0.16 acres of previously authorized estuarine wetland impacts as part of the 2006 FDEP permit 11-0217156. Wetland W3 consists of the 1.29 acres of wetlands on the north side of Haldeman Creek within the DEP Conservation Easement, 0.14 acres of retained wetland vegetation within the DOT drainage easement, and 1.12 acres of wetlands within the District conservation easement net affected by secondary impacts. The total functional gain from the previously permitted onsite mitigation was calculated based on acreage noted in the 1993 permit and totals to 1.61 acres. The assessment resulted in a functional gain of 0.49. Exhibit 3.9 illustrates the UMAM functional analysis for the previous onsite mitigation activities. Portions of these wetland creation and enhancement areas are currently proposed to be directly or secondarily impacted. A total of 0.44 acres of previously created and enhanced wetlands overlap with the current • proposed direct impacts and 0.74 acres overlap with the secondarily impacted area. Additionally, 0.43 acres of previously created wetlands are within the wetland preserve. Wetland Inventory: CONSTRUCTION NEW -Fisherman's Village ,_ Site Site Pre•peveiopment Posi-Deveropment Id 'type n — Pres. Post Ad) Functional Pre AA • Acreage Current l Wiln Time Risk Adj, 1. Ftuc Type (Acres) Wo Pres l Project Lag(Yrs) Factor Factor Fluccs Delta Gain I Loss cs . `.63 .70 .00 612 -700 .441 W1 ON 612 Direct 612 -.070 -.i 16 Wis ON 612 Secondary 1.65 67 .60 W2 ON 612 Direct .16 .53 .00 -530 -.085 W3 ON 612 Preservation 2.55 Total: 4.99 -64 Fluccs Code Description 612 Mangrove Swamps MITBANK LITTLE PINE ISLAND ^ , ._ ..__..______.__._ . . Type Of Credits •. Number Of Credits ! Mitigation Bank Cr Used . Fresh Water Forested I .14 _. __ _ Total: .14 _ App no 080425-10 Page 7 of 10 or o-Blatt report-dl Wildlife Issues: The project site does contain preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special concern. W Idlife surveys were conducted in 2004 and 2009. Signs or observations of common species included raccoon, southern black racer, great blue heron, and osprey Listed wildlife species observed onsite consisted of a tricolored heron and three white ibis. The proposed project will continue to provide wading bird habitat post development and the habitat will be maintained free of exotics assuring the long-term use of the available habitat onsite, This permit does riot relieve the applicant from complying with all applicable rules and any other agencies'requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site Species Potential Occurence Use Types Herons - — White ibis Observed Foraging Observed Foraging LEGAL ISSUES: The applicant will dedicate a passive recreational conservation easement to the District over the proposed preserve area which encompasses 3.59 acres consisting of 2.77 acres of wetlands and 0 82 acres of bay/estuary. The passive recreation conservation easement form and associated legal sketch and description are attached as Exhibits 3.6 and 3.7. Prior to recording the conservation easement, all prior recorded conservation easements associated with the 1993 DER permit will be vacated The 1993 easements are dedicated to an entity that is no longer valid. According to the 2008 DEP permit for the proposed docks, there are no Sovereign Submerged Lands associated with the open water areas within the project area. CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM: It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management(SWM)system. This wit, facilitate the completion of construction completion certification Form#0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District,and Rule 40E-4.361(2). Florida Administrative Code(F.A.C.) Pursuant to Chapter 40E-4 F A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4 321(7)F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee,it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1 6107, F-A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWfv1 system is required to protect the public health,safety and the natural resources of the state Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,it is the responsibility of the permittee to correct these deficiencies in a timely manner. App no 08x1425-19 Page 8 of 10 erp statf_repori rrlf RELATED CONCERNS: Water Use Permit Status' The applicant has Indicated that public water supply will be used as a source for irrigation water for the project. The applicant has indicated that dewalering is not required for construction of this project This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization,including construction dewatering arid irrigation. unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to Chapter 40E-20.302(3)or is exempt pursuant to Section 40E-2.051,FAC. CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. • Potable Water Supplier: the City of Naples Waste Water System/Supplier: the City of Naples Right-Of-Way Permit Status: A District Right-of-Way Permit is not required for this project. DR!Status: This project is not a DRI, Historical/Archeological Resources: On May 30,2008 the District received a letter from the Florida Department of State,Division of Historical Resources requesting the applicant to perform a systematic, professional archaeological and historical survey. A phase I survey was conducted in August 2005;the results of this survey were utilized under this application. One potential historical site was noted but it is located In the northern part of the property that is within a conservation easement. This permit does not release the permittee from compliance with any other agencies'requirements in the event that historical and/or archaeological resources are found on the site. DCAN.CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Third Party Interest: The District received a letter from Rookery Bay National Estuarine Research Reserve on June 12, 2008 expressing concern regarding the proposed project and the potential impacts to the Reserve. Coordination between the applicant, the District, and Rookery Bay addressed their concerns regarding APP no . 081)4.25.10 Page 9 of 14 • erp staff_:eport rdl — the secondary and cumulative effects on the water quaiity of the estuarine ecosystem by the proposed development. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: / A J 4 !.._...! , i .c!iL - DATE: U j l (�9 Laura Fryman 1 SURFA ER MAN GEMENT: il 1 Niia�4tb{ey,P.E. -- DATE: '?/.1 I App AO 080425 10 Page 10 of 10 _ .--•-..„v es.;.....:, ..„:„--.-.....1-- ""' - -' - -' - ---1,- -`774r.4.1.7- "i:-;...--iii,..i.,..,.,..c c...t.'-'-' '-'''- "•:',...+‘- - -‘,,:1-7-'....- .. - . 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'— OM.. •T• .., LAL „e,,,..„i, I KEVIEW DRIVE OF NAPLES, 1- o co.uib” ...1,- 7,-35*4 EWAN.%Wm V,■12 9**A.D.34191 rre; FLUCCS MAP .....,.. .Yei.11..•••••••••• • 1,,,,,,,,,,,,, on _____ _......._.................. .._...........n.s New(2 PI 443,0,h5 Fet.'219)4134W 1 ....... ........,_........._,............,....................._......... ....._ WCTICIN."AA TOWNS...SO a ........ .. ................. ........ .............L.........................r.„. ,WISir Z.. i • • „. -.. ...- ..---...-,—..,—...-.., ,. II I t. )' k.' ' . v.. .63 ACRES OR i JURISDICI:ORAL DIRECT IMPACTS.....----'--------...'s\ \ . e . .. ...„_. I ..1 , 1 s 1 i ; I I -.........„..__T ..1 1 1. i ' - 50*OFFSET \ f 1 I e',"' ::-..... 1 1, _,........... 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I LAKEVIEW DRNE OF NAPLES, LLC 0 Mari=is Esvinamestal Consuitios I t.....r,p m v.....0 fu., '. --... )..'7.I 35N&dup....Sus S.Nasla,,P1)40.3712 I PROPOSED IMPACTS — ,...........bras....,I ,t-samAtortMassisms Res R3i1M3•046 isuRNIMMAR !ate no...luta row...,5,S ruvres...* ........--w-.......--......-...........-...-..--.....................-----.............. i f Previous impact and Mitigation Exhibits APPLICATION NiiiviaEh a 0425 - 1p ADD/REVISED SUBMITTAL MAR 2 i ?C39 i LWC SERVICE CENTER Exhibit 3.2 Application No. 080425-10 1 of 4 •• '" ,•,- . . 7. . , , _•.,,,,. •.:, .i'l- -- , • --•-t- •-- • ....;kt•."1°N.44...."--- '''''''',4.4.- -.. C , ' --7k., - ' •••-: . • ' -- . ."' '..:-;',/,'..::-- '''1- ,-•--. . ---.5- ----Th 4!. . •••'r •' - -••:" •.-4".. - : .- ' \‘. • • '''.:.: •,'',... ...! - '...t..-.A.•=•... 1 -- -I.% - i r,.81 4 11A: ,.=-*,41.'- '' ' ' N., , V- -,, P ,1 ' / ,_,,, ..,.... 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INTRODUCTION: The purpose of this report is to document the proposed preservation and enhancement activities for the 3.59 acres of SFWMD conservation easements on-site associated with the development project known as Fishermnns Village. The proposed multi family housing development project encompasses a total of approximately 20.51 acres in Naples, Florida approximately 0.2 miles west of the Bayshore Rd.bridge over Haldeman Creek and accessible by Lakeview Dr.heading west from Bayshore Rd. The property is located in Section 1 1,Township 50 South,Range 25 East,Collier County. The property is currently undeveloped and is surrounded by single and multi family residential communities and commercial waterfront,and is directly adjacent to the Haldeman Creek.The subject property includes the project area on the south side of Haldeman Creek and the mitigation area on the north side of Haldeman Creek. This document concentrates on the mitigation and monitoring activities proposed in the on-site preserve areas. The proposed mitigation includes exotic vegetation removal,re-planting red mangroves(Rhlzophora mangle),and on the north side of Haldeman Creek,minor topographical enhancement to ensure the survival of planted red mangroves and the viability of natural recruitment of red mangroves. These activities will.enhance existing mangrove wetlands,create wetlands that had previously lost their function due to spoil being placed in them;and remove the thick growth of exotics in those areas. This will enhance the wetland functions such as storage,attenuation,and filtration of the tidal waters that reach them,thus providing an overall improvement to water quality in the area. There will be two SFWMD conservation easements on site: Conservation Easement#1: Includes 3.11 acres,2.29 acres of which are(612) mangrove wetland and 0.82 acres of(540)Bays and open water estuaries. Conservation Easement#2: Includes 0.48 acres of(612)mangrove wetland along Haldeman Creek and the adjacent canal. The existing 2.72 acres of mangrove shoreline to the south(proposed project area)and 0.82 acres of open water is proposed to be preserved in Conservation Easements#1 and #2. This planted mangrove shelf along the property on the south side of Haldeman Creek has been successfully providing wetland function to the area for almost a decade. To characterize surrounding land use,the property(project area)abuts the Windstar golf course community and is within a single family and multi family residential area. This preserve management report focuses on the preserve management protocol and mitigation activities that are proposed south of Haldeman Creek. The mitigation area north of Haldeman Creek will be a third conservation easement with DEP. Exhibit 3.3 Application No 080425-10 i of 6 Fiihermaas Vaiage Sccuon 11.rawnsh:p SO Srwth.Range 75 East,Colhcr County Preserve Managameni and.Monitoring Plan March 2009 H. EXISTING CONDITIONS: The existing mangrove shoreline(612)on the south side of Haldeman Creek is to be preserved and monitored and maintained as preserve per the guidelines of this management plan. Habitat Descriptions: The following paragraphs outline the basic composition of species assemblages found on- site of the mitigation area. While many more species are present than presented in this report,the following gives a brief description of the vegetative communities. • MAJOR FLUCFCS CATEGORIES WITHIN SFWMD CONSERVATION EASEMENTS FLUCFCS FLUCFCS I TOTAL T POTENTIAL CODE DESCRIPTION ACRES ! JURISDICTIONAL WETLANDS . 612 Mangrove swam 2.77 2.77 7 540 Bays and Estuaries 0.82 1 0.82 Total 3.59 3.59 Note:Acreages are approximate as no survey was used to determine vegetative coverages. 612 --Man •ve Swamp This area is located along the northeast section of the mitigation area. Red mangrove (Ryzophora mangle)is dominant with minimal(5- 10%)Brazilian pepper(Shines terebinthifolius). III, PRESERVATION AND MITIGATION ACTIVITIES The 3.59 acres south of Haldeman Creek shall be placed into conservation easements with South Florida Water Management District (SFWMD) and enforcement rights shall be granted to SFWMD. The property owner shall be responsible for the costs associated with enhancement activities and keeping the preserve areas exotic free in perpetuity. Conservation easement for this area will be filed and recorded prior to the construction of the proposed project. Preserved Wetland Area: 2.77 acres of existing mangrove wetland will be preserved. During the monitoring and maintenance activities this area may need supplemental exotic Exhibit 3.3 Application No. 080425-10 2 of 5 Fishernlstns Village seeacr.; i svnibip 50 South,,Zaige 25 E3s1,Collier County. Preserve Management and Monitoring Plan Mcich 2009 removal to enhance wetland function. This area will also require exotic removal and maintenance and monitoring activities to be employed in perpetuity. Preserved Bays and Estuaries: 0.82 acres of open water will be included in conservation easement 0 1. Exotic Vegetation Eradication Brazilian pepper is present in small amounts throughout all of on-site wetlands and a thorough eradication program will be implemented to eliminate these noxious plants from all preserve spaces. This program will include predominately hand clearing removal from existing mangrove(612)areas. Annual maintenance inspections and treatments will be necessary to eliminate the exotics on an as needed basis. Once the removal efforts have been successful, hi-annual maintenance treatments should be sufficient to control future exotic growth. The preserve areas will be exotic free immediately following a maintenance activity. Beginning with the Time Zero Monitoring report,at no time shall the density of exotic and nuisance plant species exceed 5% of the total aerial coverage. Supplemental exotic plant removal will be required if coverage of exotic plants exceeds 5%. Trash Removal Trash exists in all preserve areas, which will be documented in the Baseline Monitoring Report All preserve areas will be cleaned up by removal of trash and solid waste materials that have accumulated from neighboring sites and the Haldeman Creek waterway. Trash removal will coincide with the initial exotic vegetation eradication process and will be documented in the Time Zero report. The annual monitoring will also assess any additional accumulation of trash following the initial clean up. Any observations of substantial accumulations of trash will be noted in annual monitoring reports and cleaned up accordingly. IV. MONITORING/MAINTENANCE/MANAGEMENT: The goals and objectives of this monitoring plan will be to provide for ongoing progress and ultimate success of preserved and enhanced areas in a series of scheduled monitoring reports. The reports will quantify and describe conditions within the managed areas, comparing observations with the proposed standards and offering advice for corrective actions if needed. This monitoring program will extend for a period of 5 years, following the time zero report. Each mitigation and preservation area should contain 80%survival of the planted desirable obligate and facultative species. This 80%survival rate should be maintained fur each of the five annual reports and at the end of the 5 yeas monitoring period the entire mitigation area should contain 80% coverage of native obligate and facultative Exhibit 3.3 Application No. 080425-10 3 of 6 Fisherman.Village Section 11:Townsnip 50 South,Range ZS East,Collier County. Preserve,►fanagemen:and Mo+a/oring Pan March 24)09 species, Maintenance will be done regularly to ensure the integrity and viability of the wetland preserve! mitigation areas, The maintenance will be conducted in perpetuity to ensure that the preserve/mitigation areas are free of exotic vegetation (as currently defined by the Florida Exotic Pest Plant Council) immediately following a maintenance activity. Total coverage of exotic and nuisance plant species should consist of no more than 3% of the preserve/mitigation area and shall not dominate one particular area on the site, In areas of heavy vegetation, a visual inspection for exotic plant invasion will be made and all exotic vegetation found will be flagged, mapped and reported for treatment. Meandering transects will be followed in the preserve areas for vegetative inventory and observation of wildlife during regular monitoring. Photo points will be established along with plot sampling stations to determine percent survival and percent coverage of planted and recruited plant species. The mitigation efforts shall be deemed successful when the area contains a minimum of 80%coverage of native vegetation,with less than 3%exotic and nuisance vegetation for a period of 2 years. The preserve areas will be maintained in an-exotic free state in perpetuity. Monitoring Reports A Baseline Monitoring Report will describe the existing conditions of the conservation areas prior to exotic eradication and supplemental planting. The Time Zero Monitoring Report will describe the aerial extent of exotic removal and other mitigation work, i.e. revegetation, photographs from referenced locations (see attached monitoring transect exhibit),qualitative observations of wildlife usage and other information such as climatic and hydrological conditions and health of existing vegetation. Annual Monitoring reports shall document changes from the baseline conditions the success of the exotic eradication and identifies ways to maintain or improve these conditions. The natural recruitment rate will also be noted and documented in these reports. Each monitoring report will include aerial photographs depicting monitoring stations that will be marked. These monitoring stations will ensure that a reasonable comparison is made from one monitoring report to the next, Baseline,Time Zero and Annual Reports will include the following: • quantification of any revegetation of exotic species and recommendations for remedial actions.(After Time Zero,exotic coverage will not exceed 3%) • quantification of revegetation of cleared areas by native species including dominant species and % cover by species. (After first annual monitoring report,native vegetation should establish at least 80°!o coverage.) • percent coverage,open space and water depths as appropriate. Exhibit 3.3 Application No. 080425-10 4 of 6 Section 13,Township SO Sooth.Range )East,CoIh os . Caurny &esem,,Management and Monitoring Plan March:0C9 • Rate of natural recruitment observed will be recorded. Size and density of coverage for seedling mangroves will be reported starting from the first annual report on. • direct and indirect wildlife observations. Additional mangrove wetland habitat is a goal of the mitigation proposal. o site hydrological characteristics. Tidal ebb and flood reaches tidal wetlands and does not pool or stagnate in ebbing tides. • photographs from a referenced location and panoramic.photographs. A photo point station will be identified with a PVC labeled stake. The maintenance and management of the preserve areas will be the responsibility of the owner/developer in perpetuity. When the property owners association acquires ownership of the property, maintenance and management responsibilities will transfer to that entity as well. At this time the said associations shall assume responsibility for the perpetual maintenance and management of the preserve and retained areas. Association documents will indicate the responsibilities, restrictions and limitations associated with the conservation areas. The conservation areas for Fishermans Village will require regular maintenance. The maintenance activities may include,but are not limited to the following. • follow-up eradication of exotic vegetation, • supplemental herbicidal treatment of trees/stumps to prevent re-growth after initial treatment. The maintenance activities will be performed annually for the first three years,then biannually(every two years)in perpetuity, Exhibit 3.3 Application No. 080425-10 5 of 6 fisherman Vk age Section I I,Township 50 Sough,Range 25 Easi.Collisi County. Preserve Management and Monitoring Plan March 2009 MONITORING SCHEDULE Panoramic photographs will be provided along with a brief analysis of dominant vegetation. REPORT DUE DATE DATE RECECVED Preserve Management August,2009 Plan Baseline Report November 1,2009 Time Zero Report February 1, 2010 (estimated exotic removal date) Six-month report August 1,2010 First Annual February 1,2011 Second Annual February I,2012 Third Annual February 1,2013 Fourth Annual February 1,2014 Fifth Annual February 1,2015 Exhibit 3.3 Application No. 080425-10 6 of 6 I i s i Wail . i f x x ii , 1 T i , , I . I • - Dm o a 0 -A w a. (4 3 A Z O [MEM a 0 r. NJ .,, 91 T ( LAKEVIEW DRIVE OF NAPLES.LLC - :°�amwaK . MONITORING 7RANSECTS&PHOTOPOl S =021=11C=1:=1.11. South Florida Water Management District Work Schedule Requirements Application No : 080425-10 Pagel 101 I Mitigation Plan ID: FISHERMAN'S VILLAGE ACttvity Due Date SUBMIT BASELINE MONITORING REPORT 01-NOV-09 SUBMIT RECORDED CONSERVATION EASEMENT 01-NOV-09 TRASH AND DEBRIS REMOVAL 31-JAN-10 EXOTIC VEGETATION REMOVAL 31-JAN-10 SUBMIT TIME ZERO MONITORING REPORT 01-FEB-10 SUBMIT FIRST MONITORING REPORT 01-FEB-11 SUBMIT SECOND MONITORING REPORT 01-FEB-12 SUBMIT THIRD MONITORING REPORT 01-FEB-13 • • Exhibit No ; 3,5 Conservation Easement not to be recorded until the issuance of Permit for Application No. 08042540 SOUTH FLORIDA WATER MANAGEMENT DISTRICT DEED OF CONSERVATION EASEMENT ADD/REVISED SUBMITTAL Return recorded document to: South Florida Water Management 00041-'A�10� l�rvl4rt�it r� i MAY 1 2009 3301 Gun Club Road, MSC 4210 West Palm Beach, FL 33406 8 - 1 LWC SERVICE CENTER THIS DEED OF CONSERVATION EASEMENT is given this 16th day of December, 2008, by Lakeview Drive of Naples, LLC, a Florida limited liability company ("Grantor") whose mailing address is 3530 Kraft Rd, Suite 300, Naples, FL 34105 to the South Florida Water Management District("Grantee"). As used herein, the term "Grantor"shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term "Grantee"shall include any successor or assignee of Grantee. WiTNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit"A"attached hereto and incorporated herein("Property"); and WHEREAS, the Grantor desires to construct Fishermans Village ('Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District("District");and WHEREAS, District Permit No. certain activities which affect waters in or of the State of Florida; and PDepartment of the Army permit which authorizes certain activities which affect waters of the United States;and WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction;and WHEREAS, the Grantor has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and Exhibit 3.6 Application No. 080425-10 1 of 8 WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes, over the area described on Exhibit "8" ("Conservation Easement"). NOW THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor of the Grantee upon the property described on Exhibit "B"which shall run with the land and be binding upon the Grantor, and shalt remain in full force and effect forever. The scope, nature, and character of this Conservation easement shall be as follows: 1. Recitals. The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. . 2. Purpose. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative, hydrologic, scenic,-open agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee and the United States Army Corps of Engineers by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry;and b. To enjoin any activity on or use of the Property that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Easement that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, or other activities described herein that are permitted or required by the Permit, the following activities are prohibited in or on the Conservation Easement: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground: Exhibit 3.6 Application No. 080425-10 2 of 8 b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing. g. Acts or uses detrimental to such aforementioned retention of land • or water areas; h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological,or cultural significance. 4. Grantor§ Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Properly that are not prohibited herein and which are not inconsistent with any district rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. Passive Recreational Facilities. Notwithstanding anything to the contrary stated herein (particularly, Item 3 above), Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and that are not inconsistent with any South Florida Water Management District("SFWMD") rule, criteria, the permit and the intent and purposes of this conservation easement. Passive recreational uses that are not contrary to the purpose of this conservation easement may be permitted upon written approval by the SFWMD. a. Grantor may conduct limited land clearing for the purpose of constructing and maintaining such pervious facilities as docks, boardwalks or mulched walking trails. Grantor shall submit plans for the construction of the proposed facilities to the SFWMD for review and written approval prior to construction. 3 Exhibit 3.6 Application No. 080425-10 3 of 8 • 1 b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Easement Property and shall avoid materially diverting the direction of the natural surface water flow in such area; Such facilities and improvements shall be constructed and maintained utilizing best management practices; iii. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic inspections shall be instituted by the maintenance entity, to clean any litter from the area surrounding the facilities and improvements; • iv, This conservation easement •shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, or local permitting requirements. 6. No Dedication, No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. • 7. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities related to the operation,upkeep or maintenance of the Property. 8. Property Taxes, Grantor shalt keep the payment of taxes and assessments on the Easement Parcel current and shalt not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee for the amount paid by the Grantee, together with Grantee's reasonable attorney's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement parcel in the manner provided for mortgages on real property. 9. Enforcement. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee and the United States Army Corps of Engineers, and any forbearance on behalf of Grantee and the United States Army Corps of Engineers to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 4 Exhibit 3.6 Application No. 080425-10 4 of 8 10. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 11. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 13. Written Notice. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United Stales certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 14. Modifications. This.Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms. conditions, restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Conservation Easement is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this conservation Easement; and the Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to the Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. Exhibit 3.6 Application No. 080425-10 5uf83 IN WITNESS WHEREOF, Lakeview Drive of Naples,LLC (Grantor)has hereunto set its authorized hand this day of ,20 LAKEVIEW DRIVE OF NAPLES. LLC a Florida limited liability company w J .ck An •ramian . . I ,. *anaging Member Signed, sealed and delivered in our presence as a - =s: By: .�, .� By: (signature) (sig ire) Name- l ii. )1 g.. ' By: 4 A 71-1844-1 i7xt (P - t) (print) STATE OF FLORIDA )ss: COUNTY OF COLLIER On this tli day of p(1601154,'' , 20(li before me, the undersigned notary public, personally appeared Jack Antaramten, the person who subscribed to the foregoing Instrument,as the Managing Member,of Lakeview Drive of Naples,LLC,a Florida limited liability company,and acknowledged that he executed the same on behalf of said company and that he was duly authorized to do so, He Is k roo g s tto me or has produced a (state) river's license as identification. IN WITNESS WHEREOF,I hereunto set my hand nd official seal. '�V + RENAE D.FLurLIEr NOTARY PUBLIC,STATE OF FLORIDA• i• :"g 14 COMMISSION N 60109,114 'Fa,I/ ``�� r-'^" EXPIRES Jute O.4012 Name: CS. u-.. r i{t'i c+mfi.o,r., rww4.0.16....rnsa, (print My Commission Expires: .trY.(pct j 2 12-- 6 Exhibit 3.6 Application No. 080425-10 6 of 8 MORTGAGEE JOiit!oEFt, CONSENT AND SUBO DN IOj.". For Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Regions Burk, Successor by merger to AmSouth Bank,the owner and holder of a mortgage dated August 30, 2002 in the original principal amount of 32,500,0000, given by Lakeview Drive of Maple% LLC, a Florida limited liability company ("Grantor") to ArnSoutt< Bank, en Alabama State banking corporation ("Mortgagee"), encumbering the real property described on Exhibit "A" attached hereto ("Property), which is recorded in Official Records Rook 3101,at Page 1932;together with that certain Assignment of Lease.and Renta recorded In Official Records Book 3101, at Page 1945; UCC-1 Financing Statement recorded in Official Record. Book 3101 at Page 1950; Notice of Future Advance and Spreader Agreement recorded on March 24, 2005 in Official Records Book 3769,page 1380;all as modified by Mortgage Modification Agreement and Notice of Future Advance recorded February 6, 2009 In Official Records Rook 4327, page 1834,all of the Public Records of Corner County,Florida(said mortgage, sestgrrlment of leases and rents, and UCC-1 Financing Statements, as modified are hereinafter referred toes the"Mortgage"), hereby Joins in, consents to and subordinates the lien of as Mortgage, as It has been, and as it may be,modified, amended and assigned from time to time, to the foregoing Conservation Easement, executed by Lakeview Drive of Naples, LLC, a Florida limited liability company in favor of the South Florida Water Management District applicable to the Conservation Easement, as said Conservation Easement may be modified, amended and assigned from time to time,with the intent that the Mortgage shaft be subject and subordinate to the Conservation Easement. IN WITNESS WI EREOF,this Mortgagee Joinder,Consent and Subordination is made thfs;21,day of .a ,20 a$ (signature) Portages) Warne,l r�►ss��r c, .fir; s Title: Y 1C-t_ rlr1C-t_ WITNESSES: ® �u By: _I-. .bV icitt67idaA g,s- i eignatur:.,J Name: lilaA) • 4401Y-1.,I+1 Name: Ktmberly�C Best f lapw7" dalagyW8-327_0001t7L4.6144a6'8i AD o�REVIStb `�1/UM1 4� FEB 3 2009 f�' 1r1 �a� �� 7 • Lw CENTER Oo ' Exhibit 3.6 Application No. 080425-10 7 of 8 NEW DIRECTIONS IN SUNNING.DESIGN a ENGINEEarNG.tINCt)936. lr$ n iIIe a Ex f A Legal Description Of part of the Northwest 14 of Section 14,and part of the Southwest 4 of Section t I, Township 50 South,Range 25 East,the West 330'of Lot 42, and the West 140'of Lot 47,Naples Groves and TnUdt Co's Little Farms No.2, as recorded in Plat Book 1,page 27,of the public records of Collier County,Florida, less and except the North 30'of Lot 47 (Overall Fisherman's Cove Legal Description) Beginning at the North quarter corner of saki Section 14; Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4,page 50;of the public records of Collier County,Florida,said tine also being the North and South quarter section line of Section 14,South 00'13'02' East 1028.84 feet to the North One of the West 140'of said lot 47 less and except the north 30'thereof also being a point CO the South tight-of-way One of Lakeview Drive; Thence along said line North 8932'45"East 140.00 feet to the East line of the West 140'of said Lot 47; Thence along said East line South 00'13'02'East 302,68 feet to the South line of said Lot 47; • Thence along said South line South 89°34'08'West 140.00 feet to the southwest corner of said Lot 47 and a point on the boundary of the plat of Windstar as recorded in Plat Book 14,pages 11 through 15 of the public records of Collier County,Florida; Thence along the boundary of said plat of Windstar in the following Six(6)described courses; 1. South 8915'14'West 330.45 feet; 2. North 0093'07"West 462,39 feet; 3. North 89°35'11°East 30.47 feet: 4. North 00'13'07'West 1389.23 feet; 5, South 69°34'18'West 314,39 feet; 6. South 68°04'16'West 50.12 feet to the west line of the southeast quarter of the southeast quarter of the southwest quarter of said Section 11; Thence along said west line North 00°13'07 West(197,00 feet more or less to the south bank of Haldeman Creek per deed)163.84 feet measured; Thence meander along said south bank to its Intersection whir the North and South quarter section lino of said Section 11.and the West boundary of the plat of Dement Landing as recorded In Plat Book 4,page 14 of the pubic records of Collier county,Florida.Said meander tine being subtended by a de line bearing North 73'43'39'East 686.48 feel' Thence along said line South 0098'15'East(164.00 feet more or less the southwest corner of said Demers Landing and the Northwest corner of said Lot 42 per deed)160.78 measured; Thence along the north boundary of said Lot 42,North 89°30'34'East 330.00 feet to the east line of the West 330 feet of said Lot 42; Thence along said East tine South 00°18'15'East 337.30 feet to the South tine of said Lot 42 and the North boundary of the plat of said t3ulf Shores; Thence along said line South 8917'51'West 330.00 feet to the Southwest corner of said Lot 42,the Northwest corner of the plat of said Gulf Shores and the North and South quarter section fine of said Section 11; Thence South 00°18'15'East 334.79 feet to the POINT OF BEGINNING. Containing 20,51 acres more or less. Subject to easements and restrictions of record. Bearings am based on the East line of Tract'8',of the plat of said Windstar,being North 0093'07'West Certificate of Authorization#L8-43, WllsonMitierinc. Rag! wed Engineers and Land Swveyors B s. 4741v%_ 'u Data_�_20-2409 ,Maloney,P.S.M.. OA d unless embossed a Professional's Seai. _ ..�_____ __..._ 500449,45341 239.549.4040 f 239,54332 re f 3200 flaky Lant Suite 200 N3pits,fk,ride 34103 .. .."�, Wltrowa ure tlIler,c Application No, 080425-10 8 of 8 V WWOUNCINNN IN 9UNrWMC.AMP.b 6NLM•ae$(.hence ni4 f r)41411311- "S" LEGAL DESCRIPTION F1SHERMANS VILLAGE CONSERVATION EASEMENT#1 A parcel of land lying In and being a part of the Southwest 114 of Section I I end he Northwest 1/4 of Section 14;Township 50 South,Range 25 East,Cutler County,Florida, • berg more pan is deity described as(plows: BEGINNING at the North 1/4 corner of said Section 14; Thence Soolb 00'13'02'East 951.81 feet along the West boundary of Gulf Shores es recorded In Plat Bodo 4,Page 50 of the Ptbtic Recede of Cofer County.Florida, being the North-South quarter section line of said Section 14; Thence leaving said North-South quarter section Ono South 44°2837'West 14.22 feel; Thence North 00'13102'West 588.49 feat; Thence South 89.48.58 Went 7.84 feet; Thence North 18'48'Off West 43.98 fast; Thence South 59'48'53'West 12.87 feet; Thence South 38'3619`West 21.40 feet; Thence South 85'4r45 West 1.29 rest; Thence Nonh 84'01'54°West 2t39 feet Thence North 82'59'61'West 29.03 feet Thence North 13'04'5?West 21.42 feet Thence North 01'00'17"East 10.79 feet; Thence North 8311108'West 71.10 feet Thence North 541815 West 85.73 teat Thence North 00•13x07'West 361.41 feet Thence 57.91 feet Wong the tut of a awn-fenger9lai reviler wive concave southeast havtn(I e radius of 47.40 feet through t canton mate of 70'0021°and being subhnded by a chord which bears Nabs 3441853 East 64.38 feet Thence 65.96 feet along the arc of a n enlist ehcyier diva concave north eel heeb g u radius of 210.43 That through a central angle of 23'24'19"end being subtended by s chord which beers North 66'0443'East 16.361.14; Thence 22.69 feet Mono the arc of•non lmlgenlsl dretdsr curve concave northwest having a radue of 117.74 feet through a aemann angle of 11°08•19°end beim evhtended bye chord which beam North 404831`East 22.85 feet; Thence Wrath 390324'East 0.23 feel; Thence North 87'04.41'East 4.18 feet; Thence South 7r66'lr East 51.28 bet Thence South 79'5T34`East 5.31 feel; Thence South 80'11"r East 31.01 Nat Thence North 80'09'01'East 9.55 hot Thence North 899710"East 8.59 bet Thence North 59.3026'East 8.88 fast Thence North 2611.45 East 5.48 Met Thence North 88.4534'East 5.58 feat Thence North 81'0437"East 3.22 feet Thence North 44•2T24°East 13.10 feet Thence North 31•2716'East 9.63 het ee0449.4176 779.669.040 1 279.64)7.6 0 W ley lane Suite 700 Nile.,qurd 761 W ` aallauw 0 Exhibit 3.7 Application No.080425-10 1 of 6 tom. V W14.{ Miller" Thence North 89'41'45'East 11.99 feet; Thence North 00'18'15'West 91.87 tent; Thence North 89.2r15'East 10.04 feet to the Northwest corner of said Guff Shores end the Southwest saner of Lot 42,Naples Groves and Trust Co.'s Little Farms No.2 es recorded In Plat Bock 1,Noe 27 of the Pubic Records of tattier County,Florida,are same being the NorthSout queer mdion tine of said Section 11: Thence South 00'18'15'East 334.79 feet along the West boundary of said Gulf Shores and the North-South quarter isogon tine of said Section 11 to the POINT OF BEGINNING. Containing 3.11 acres or 135,331.74 square fast,more or less. Subtext to easements and restrictions of record. Bear1n0e are based on the North and South 1/4 section be of Section 14 being South 00'13'02'East Ceruflnats of authorization#U3-43. WilsonMtiur.Inc. tZegtstared Engineers end land Surveyors �} By:( P r ly1 taste: 3_ hn Maloney,Profecelon I Surrey lr end Mapper[LS4493 Ref: 28 Not era ti unless embossed with the Professlonet'a seal, Exhibit 3.7 Application No. 080425-10 2 of 6 Wilf*WI/err° , I egal Description Of part of the Southwest 1/4 of Section 11,Township 50 South,Range 25 East. And part of Lot 42.Naples Gioves and Truck Co's Little Farms No.2, Plat Book 1,page 27.Collier County, Florida, (Conservation Easement it2,Revised 07/20/C9) All that part of the Southwest 1/4 of Section 1 I.Township 50 South,Range 25 East, And!hat part of Lot 42,according to the plat of Naples Groves and Truck Co's Little Farms No. 2,as recorded in Plat Book t,page 27,of the public records of Collier County,Florida.being more particularly described as follows: Beginning at the North quarter corner of Section 14,Township 50 South,Range 25 East,Collier County,Florida, • Thence along the west boundary of the plat of Gulf Shores as recorded in Plat Book 4,page 50, of the public records of Collier County, Florida,said line also being the North and South quarter section line of said Section 11,North 00018115'West 334.79 feel to the Northwest corner of said plat of Gulf Shores also being the Southwest corner of said I of 42 and the POINT.OF BEGINNING; Thence continue along the along the North and South quarter section line of said Section 11,North 00°18'15"West 15 48'eel; Thence leaving said fine North 89°27'17"East 310 85 feet. Thence North 00°21 16"West 92.55 feet, Thence North 52°2721"West 97.20 feet: Thence South 89°31'42"West 533.28 feet to the East boundary of Wlndslar as recorded in Plat Book 14, pages 11-15,of the public records of Collier County,Florida, Thence along said boundary North 00°13'07"West 17.38 feel, Thence leaving said boundary North 89°34'19-East 167 25 feel: Thence North 89°54'16"East 342 82 feet, Thence North 85°32'11"East 62 58 feet; Thence North 89°30'33"East 56.75 feel to a point on a line lying 330.00 feel East of and parallel with the West boundary of said I of 42: Thence along said line South 00°18'15°East 187.30 feet to the South boundary of said Lot 42 and the North boundary of said plat of Gulf Shores; Thence along said line South 89°27'51"West 330.00 feet to the POINT OF BEGINNING Containing 0.48 acres or 20,937 29 square feet,more or less. Subject to easements and restrictions of record. 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W3 "610 612 fit340111411it. 44 33 631 100 .:612 300 132 W4 ON 612 N.0.efeiaten1C .65 .47 701 i co 612 230 160 W5 ON 612 Nesiers6enIC.. • ,41 23 10 ' 100 17 ; 470 193 ie • • if r. 49 Exhibit 3.9 Application No. 080425-10 1 of 1 APPLICATION 080425-10 PERMIT 11 -03032-P EXHIBIT 4.0 Pages 1 -10 of 10 INCORPORATED BY REFERENCE APPLICATION 080425-10 PERMIT 11 -03032-P EXHIBIT 5.0 Pages 1 -5 of 5 INCORPORATED BY REFERENCE APPLICATION 060425.10 PERMIT 11 -03032-P EXHIBIT 6.0 Pages 1-44 of 44 INCORPORATED BY REFERENCE STAFF REPORT DISTRIBUTION LIST FISHERMANS VILLAGE Application No: 080425-10 Permit No; 11-03032-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Kaiyn Allman-4270 X Rine Dalai-4270 X Permiltee-Lakeview Drive Of Naples,Llc X William Foley,P.E.-4270 X Agent-Davidson Engineering, Inc. X Laura Layman-4270 X Env Consultant-Turret!,Hall&Associates,Inc. X C. Tears-6862 X ERC Engineering-6861 X ERC Environmental-6861 X Fort Myers Backup File-6861 X Permit File OTHER INTERESTED PARTIES • X Audubon of Florida -Charles Lee X Rookery Bay NERR Research Coordinator • STAFF REPORT DISTRIBUTION LIST ADDRESSES Davidson Engineering. Inc. Lakeview Drive Of Naples,Llc 3530 Kraft Road,Ste 301 3530 Kraft Road, Ste 300 Naples FL 34105 Naples FL 34105 Turrell. Hall&Associates, Inc. 3584 Exchange Ave Suite B Naples FL 34104 Audubon of Florida -Charles Lee Rookery Bay NERR Research Coordinator 1 101 Audubon Way 300 Tower Road Mailland FL 32751 Naples FL 34113 Applirallon No 0025.10 Page 2 of 2 COLLIER COUNTY PLANNING COMMISSION MEETING MINUTES JUNE 19, 2014 June 19,2014 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida June 19,2014 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the i County of Collier,having conducted business herein,met on this date at 9:00 a.rn.in REGULAR SESSION in Building"F"of the Government Complex,East Naples,Florida,with the following members present: Mark Strain,Chairman(Absent) Stan Chrzanowski Brian Doyle Diane Ebert Karen Homiak Charlette Roman(Absent) Mike Rosen i ALSO PRESENT: Heidi Ashton-Cicko,Assistant County Attorney Ray Bellows,Zoning Manager Thomas Eastman,Real Property Director,Collier County School District 9 • Page 1 of 37 June 19,2014 VICE-CHAIR HOMIAK: Okay,good morning.Could you please be quiet,please,the meeting is going to begin now. It's Thursday,June 19th meeting of the Collier County Planning Commission. And would you all please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) VICE-CHAIR HOMIAK: Okay,Diane,would you do roll call,please. COMMISSIONER EBERT: Yes. Good morning. Tom Eastman? MR EASTMAN: Here. COMMISSIONER EBERT: Stan Chr7anowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Mike Rosen? COMMISSIONER ROSEN: Here. COMMISSIONER EBERT: Ms.Ebert is here. Mr.Strain is absent. Ms.Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: Mr.Doyle? COMMISSIONER DOYLE: Here. COMMISSIONER EBERT: And Ms. Roman is absent. VICE-CHAIR HOMIAK: Okay,thank you. And we have an addenda to the agenda. The RMC-Enclave MPUD,PUDZ-PL201210001981,be continued from this meeting to our next meeting,which is July 17th. And we need a motion to continue that. COMMISSIONER EBERT: I make a motion to continue. VICE-CHAIR HOMIAK: Diane. COMMISSIONER CHRZANOWSKI: Second. VICE-CHAIR HOMIAK: Second by Stan. All those in favor? COMMISSIONER DOYLE: Aye. VICE-CHAIR HOMIAK: Aye. COMMISSIONER ROSEN: Aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. VICE-CHAIR HOMIAK: That's unanimous. And Planning Commission absences. Our next meeting is July 17th. We will have no July 3rd meeting. Anybody going to be absent that day or you'll all be here? COMMISSIONER DOYLE: I'll be here. VICE-CHAIR HOMIAK: Everyone? Okay. And approval of the minutes. May 15th minutes. COMMISSIONER CHRZANOWSKI: Move to approve the minutes,May 15th. COMMISSIONER EBERT: I'll second. VICE-CHAIR HOMIAK: Second. All those in favor,signify by saying aye. COMMISSIONER DOYLE: Aye. VICE-CHAIR HOMIAK: Aye. COMMISSIONER ROSEN: Aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. VICE-CHAIR HOMIAK: Opposed like sign. (No response.) Page 2 of 37 June 19,2014 VICE-CHAIR HOMIAK: And the May 19th? COMMISSIONER CHRZANO W SK1: Move to approve the minutes of May 19th. VICE-CHAIR HOMIAK: Stan. COMMISSIONER EBERT: I'll second. VICE-CHAIR HOMIAK: Diane. All those in favor? COMMISSIONER DOYLE: Aye. VICE-CHAIR HOMIAK: Aye.COMMISSIONER ROSEN: Aye. COMMISSIONER CIIRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. VICE-CHAIR HOMIAK: Unanimous. Okay,BCC report recaps. Are there any,Ray? MR.BELLOWS: Yes. On June 10th,the Board of County Commissioners heard the Buckley PUD amendment. That was approved by the BCC by a vote of 5-0,subject to the CCPC conditions. On the Board of County Commissioners summary agenda,they heard and approved the Walgreen's PUD rezone and the PUD for the Golf Club of the Everglades,and those were approved on their summary agenda. VICE-CHAIR HOMIAK: Okay,thank you. Chairman's report. I don't have a report. We'll move on to the consent agenda items.And on our agenda we have listed the GMP amendment under consent,but there was no--for the Rattlesnake Hammock/Collier Boulevard PL20130002249,but there was no consent on that,so do we have to have a motion to remove that or— MS.ASHTON-CICKO: No. VICE-CHAIR HOM1AK: It's just-- MS.ASHTON-C[CKD: That one,the 8.A,you can remove from your agenda. And you don't need to vote on it because you didn't vote that it go to consent agenda at your last hearing. VICE-CHAIR HOMIAK: Okay,we'll remove that and we'll go on to consent agenda Item B,which is RZ-PL20130001652. And this is the LDC amendment. And I guess,Nancy,you have some-- MS.GUNDLACH: Yes. Good morning,Commissioners. We do--can you hear me? VICE-CHAIR HOMIAK: Yes. MS.GUNDLACH: We do have some changes to Collier Boulevard commercial properties rezone and conditional use. I will begin this morning with the revisions to the rezone. And that is the document that I placed on the visualizer.Staff has some changes,and there may be some changes on behalf of the agent as well. And that's Bob Mulhere. So we'll share them with you together this morning. And the first change is to the conditions of approval for the rezone. And it's regarding item number one,sexually oriented businesses.And these are the edits that have been recommended by the Collier County attorney.Oops,sorry,I'll keep that still. If there's any questions or comments about that. MR.MULHERE: I do have one,if I could.For the record,Bob Mulhere. I don't have a problem with the change.Heidi and I spoke about it and I understand that there's some legal issues with the county prohibiting this use because it's like other uses,constitutionally protected. I'll let Heidi speak to that issue. But I just think it would(sic)be clear. The way it's written,the way I look at it,I can't sell,I don't know,Huckleberry Finn,it's an adult oriented--it could be argued to be an adult oriented book. I think if we use the word sexual adult,sexually oriented,sexually oriented,then I think it's a little bit clearer of what the intent is. Now,I don't know if that--I mean,that word was struck through in the change. So it seems to me that it might be a little bit clearer if we said--if we said the sale or rental of adult sexually oriented. And I don't know if that's okay,but it seems a little bit clearer to me. We're not trying to prohibit what might otherwise be an adult oriented book,tape or whatever. Page 3 of 37 June 19,2014 MS.ASHTON-CICKO: Okay,the reason the language that was originally proposed,we cannot have a flatout prohibition in our PUD because of Constitutional issues. And we have a sexually oriented business ordinance that addresses where in the county these types of businesses can go. They cannot go within 500 feet of a residential development. So you have one limitation there. They can't go within 1,000 feet of a church. But I think the church may exceed the distance for this particular site. What we've typically done in PUDs is when there's a sale of books or video tapes,we've used the language adult oriented sales or rentals are excluded. So I'd prefer to stick to what we've done-- MR.MULHERE: That's fine. MS.ASHTON-CICKO: --in the past,and that's why you have the language here. MR.MULHERE: Is that term defined in—I don't think so--in the ordinance,sexually oriented? MS.ASHTON-CICKO: No,it is not defined,but we use it typically in PUDs. The only thing that could be done to fully exclude these types of businesses would be if the owner of the property filed a restrictive covenant against the property stating that those things could not be,you know, operated from the site. So that would be done privately by the owner who would then record a restrictive covenant in the public land records. MR.MULHERE: I think we're okay. I mean,we know what the intent is,we've stated the intent on the public record here. If anybody was to challenge that,I think we could successfully argue what the intent of that restriction is. It's okay. VICE-CHAIR HOMIAK: So we can leave this overall language and not--previously we used to do it in specific SIC codes. MS.ASHTON-CICKO: We did-- VICE-CHAIR HOMIAK: And that's how I had started to--that's what I mentioned last time. But then I also questioned whether we could do it overall and that's why this is— MR.MULHERE: I wrote it so that it was overall. But,I mean,we're okay with the changes. MS.ASHTON-CICKO: I think the reason that Nancy and the other attorney that was handling this developed it this way is because you're listing prohibited uses. So now you'd have to list now the permitted uses and restrict them and encapsulate them all,which would have been a significant change from what you saw last time. That would be my guess. VICE-CHAIR HOMIAK: Okay. So this is the language that you're suggesting is all right to the new language? MS.ASHTON-CICKO: Yeah,the strike-through language is acceptable to have--as struck through. VICE-CHAIR HOMIAK: And that's acceptable.And the board--is it acceptable to the Planning Commission? COMMISSIONER EBERT: Well,this is just a consent item for us,so--- VICE-CHAIR HOMIAK: Right. MS.ASHTON-CICKO: Well,there was directions to make certain changes to the language and bring it back. So this is your language. COMMISSIONER EBERT: The County Attorney is doing so. COMMISSIONER ROSEN: If the County Attorney is okay with it and the petitioner is okay with it, I am. COMMISSIONER EBERT: Yes. VICE-CHAIR HOMIAK: All right. MS.GUNDLACH: The next change that we have is item number three in that same conditions of approval. And under item number three it was previously land use number six.We've added in land use number five. Because it always was there,it's just the way the condition is constructed. Same meaning,just constructed better. MS.ASHTON-CICKO: So the way it was listed under the C-4 category is amusement and recreation services indoors,and that related to number six. So if you didn't limit it with number six,it would be open to anything. But then physical fitness facilities are defined under 7991,which is rather broad,so they Page 4 of 37 1 June 19,2014 combined the two sections and clarified it. So the only thing that is permitted under 6 and 105 are physical fitness facilities,gyms,yoga,karate, dance instruction and similar indoor fitness facilities. ViCE-CHAIR HOMIAK: Okay. MS.GUNDLACH: Thank you,Heidi. And then on the very last page of that--these conditions of approval,actually,second to last under notice of proximity to Florida Sports Park,the first paragraph has been added, MR.MULHERE: And that was—that actually was part of your motion. Remember Corby had talked about adding that paragraph because it dealt with residential uses? And I thought why,we're not residential,and he correctly pointed out,well,an ALF is residential,so we did add that. MS.GUNDLACH: Thanks,Bob. And now we're moving along to the conditions of approval for the conditional use.And conditional use condition of approval number two-- MR.MULHERE: I have one--let me ask a question. I do have one additional comment on the zoning conditions. And before we move on,maybe I should call that to your attention. VICE-CHAIR HOMIAK: Okay, MR.MULHERE: And this was brought to my attention by the folks at Naples Lakes Country Club, and I think it's a really good catch and I probably should have realized it myself and I didn't. When we changed our conditions from permitted uses,a list of permitted uses to a list of prohibited uses,some of those uses--and we list them verbatim the way they are in the C-4 district. And that was done by intent. But some of those uses have an exception.So they're—if you think about it,they're listed in the C-4 district. And let's look at number nine,animal specialty services,except veterinary. Well,we're saying it's prohibited except veterinary,which would mean veterinary was permitted,and we don't want that. So there are a number of use here that have that term except,but the unintended consequences,we're actually saying that those exceptions are now permitted. So we do have to go in and strike through all the excepted language and just list the use in the SIC code that's prohibited. We'll strike out all that extemporaneous language that doesn't have to be there. It's not substantive. The intent is exactly the same. It's just that we had an unintended consequence, that the way we left it with that exception is the opposite. We're actually permitting those uses,and we don't want to do that. MS.ASHTON-CICKO: Well,keep in mind that your numbers that are listed,7,8,9, 13,each of those are verbatim MR.MULHERE: Yes. MS.ASHTON-CICKO: —from what's in the LDC. MR.MULHERE: Yes. MS.ASHTON-CICKO: So now you're going to tinker with that language when they're just trying to say each of these categories,and if go to the LDC in number seven,that's prohibited. MR.MULHERE: I know. But it's confusing,Heidi. Just look at number nine,because it's a really simple one. Animal specialty services except veterinary without outside kenneling.If you look at the way the additionally following C-4 uses are prohibited,I know that it's intended to prohibit the entire uses that's listed in the C-4,but I think it's a little bit confusing. We would be accomplishing the same thing by striking through that except veterinary and just listing animal specialty services 0752,period,that's prohibited. And that would be much clearer.It's still the same number,we'll still need the same numbering system,but otherwise I think someone could be confused to say what's prohibited is that use except kenneling or veterinary services. You know,it's a little bit confusing,but it will be much cleaner if we strike through that exception language and it will be clear what's prohibited. I mean,I'm just— MS.ASHTON-CICKO: So you want to just strike through except or do you want to put including? MR.MULHERE: No,I want to strike—well,.I guess what we could do is make it clear--we can make it clear I guess where we say additionally the following C-4 uses are prohibited,including any accepted uses,we could do that,and that would cover everything. Page 5 of 37 June 19,2014 MS.ASHTON-CICKO: No,I'm just asking,are you proposing to just strike through except or are you proposing-- MR.MULHERE: I'm proposing to-- MS.ASHTON-CICKO: --to change except to the word including? MR.MULHERE: We could do that too. We could do that. MS.ASHTON-CICKO: Okay,so its-- VICE-CHAIR HOMIAK: Just change except everywhere to including. MR.MULIERE: Yeah,that would work. That would be clean. Yeah,that's a good suggestion, VICE-CHAIR HOMIAK: It makes sense to me. MR.MULHERE: Thank you, MS.GUNDLACH: We're ready to move along to the conditions of approval for the conditional use. MS.ASHTON-CICKO: Are we ready to take a vote on the rezone? MS.GUNDLACH: Thank you,Heidi. VICE-CHAIR HOMIAK: Okay,is there a vote to approve consent on the— COMMISSIONER ROSEN: I make a motion to approve consent with the changes that were stipulated. VICE-CHAIR HOMIAK: And is there a second? COMMISSIONER EBERT: Ill second. VICE-CHAIR HOMIAK: By Diane. All those in favor,signify by saying aye. COMMISSIONER DOYLE: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER ROSEN: Aye. • COMMISSIONER CIIRZANOWSKI: Aye. CHAIRMAN STRAIN: Aye. VICE-CHAIR HOMIAK: Aye. Opposed,like sign. (No response.) VICE-CHAIR HOMIAK: Okay,conditional use. MS.GUNDLACH: Moving along to the conditional use. We've made a change to conditional use condition number two as shown on the visualizer. Language still means the same,it's just stated more clearly. VICE-CHAIR HOMIAK: And this is--we were emailed a different-- MS,GUNDLACH: This is an update from the email. VICE-CHAIR HOMIAK: Okay,all right. COMMISSIONER EBERT: Bob,you are making this very difficult. VICE-CHAIR HOMIAK: Do you have a comment? MR.MULHERE: I do. I guess I felt that the indoor air conditioning self-storage height restriction-- or excuse me,setback restriction,indoor air conditioned self-storage building shall not be Iocated closer than 100 feet from the property line,or if closer than 100 feet,the self-storage building shall not be visible from Collier Boulevard. That was my language. It's been changed I presume to try an simplify it to read: Indoor air conditioning self-storages may only be permitted within 100 feet of the property line adjacent to Collier Boulevard if the building is not visible from Collier Boulevard. Fm going to leave it up to you,your choice. I thought mine was clearer. It's the same thing,so-- VICE-CHAIR HOMIAK: Is this changed by the attorney or— MR MULHERE: Yes. MS.GUNDLACH: Yes. MS.ASHTON-CICKO: I think this language makes more sense. MR.MULHERE: Touche'. Page 6 of 37 June 19,2014 MS.ASHTON-CICKO: No offense. VICE-CHAIR HOMIAK: We have two different attorneys. MR.MULHERE: The other issue,I just want to put it on the record,this would be a substantive change. There was some discussion between Naples Lakes Country Club in our meetings and myself regarding height for indoor self-storage.There was discussion about limiting it to two stories. My client didn't agree to that. And so I don't think you can change that here,but we will have some continued discussion with them between now and the Board of County Commissioner meeting. So I just--you know,we think that the setback and the location of the doors and the architectural standards,any self-storage building will look like an office building anyway. But it doesn't matter,this is a consent item, I just told them I'd mention it and that we would have some discussions between now and the board. COMMISSIONER EI3ERT: So the 50 feet you want kept in. MR.MULHERE: Well,I think it would have to be. That would be a substantive change.You approved it that way,so-- VICE-CHAIR HOMIAK: Okay. Is that all you-- MR.MULHERE: That was it. I just-- VICE-CHAIR HOMIAK: Is there a motion to approve on consent the conditional use? COMMISSIONER ROSEN: I propose a motion to approve this item. VICE-CHAIR HOMIAK: And second? COMMISSIONER DOYLE: I'll second. VICE-CHAIR HOMIAK: Brian. All those in favor,signify by saying aye. COMMISSIONER DOYLE: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER ROSEN: Aye, COMMISSIONERCHRZANOWSKI: Aye. VICE-CHAIR HOMIAK: Aye. Opposed,like sign. (No response.) MR,MULHERE: Thank you very much. Sorry about the confusion. VICE-CHAIR HOMIAK: All right,Bob. All right,now with the advertised public hearings of Haldeman's Landing. Can we—Heidi,can we do these two together,or do they have to be-- MS.ASHTON-CICKO: Yeah,you can hear them together,just a separate motion of approval or disapproval. COMMISSIONER ROSEN: Mr.Chairman,I and my firm represent an entity that is in contract with the petitioner,and therefore I have to recuse myself. I filled out Form 8.B,and I'm going to step down from the podium and I'll hand this into the court reporter. VICE-CHAIR HOMIAK: Okay,thank you. Okay,Haldeman's Landing P--it's a boat dock extension. It's PDE-PL20130001765. And the special treatment ST permit--ST-PL20140000896. And we can hear these two together,vote on them separately. And on the ST permit we would have to vote as the AC also. So any--all those that are going to testify or speak on this item,would you please rise and be sworn in by the court reporter. (All speakers were duly sworn.) VICE-CHAIR HOMIAK: Okay,disclosures on the part of the Planning Commission? COMMISSIONER CHRZANOWSKI: Yeah,I had about a dozen--its a combination of letters to my house,emails through the county and emails through my county email address from people that live along Haldeman Creek, And I've talked to the petitioner and I've talked to his engineer. VICE-CHAIR HOMIAK: Okay. Diane? Page 7 of 37 June 19,2014 COMMISSIONER EBERT: Yes,I've spoke with Tim Hall,Mr.Cook. I have spoke with several county staff,Nicole Johnson, several constituents that live in the area,and there's just too many to mention in the area with the constituents from that area. And I have had emails until this morning. VICE-CHAIR HOMIAK: And I spoke to Mr.Cook,and I've had emails and letters and a conversation with Commissioner Fiala. Brian? COMMISSIONER DOYLE: I've met with Mr.Cook myself of Coastal Enterprises,and have received various emails as well. COMMISSIONER EBERT: I do want to mention,I did make a site visit and went on a boat. I was invited to go on a boat to see it from the Creek's perspective. VICE-CHAIR.HOMIAK: Okay,so we'll hear from the petitioner first,then the staff report,and then we'll take the public speakers. MR.HOOD: Madam Chair,Commissioners,good thinker no. For the record,Frederick Hood with Davidson Engineering,representing the applicant Standard Pacific. With me today are Tim Hall with Turrell Hall and Associates;Charles Cook with Coastal Enterprise Services;Andrew Rath with Davidson Engineering;and John Longergan with Standard Pacific. I'm going to give a brief description of the boat dock extension application and then allow Mr. Hall to provide you with more specifics related to the application. The request that we are seeking will provide 42 boat docks on the south side of Haldeman Creek that will be associated with the Ialdeman's Landing residential project. We're here before you today to discuss the location of the mean high water line as it relates to the location of the proposed docks. The boat docks associated with Haldeman's Landing project have been previously permitted at the state and federal level. Approval of the boat dock extension application by this body,contingent upon final approval by the ST application in front of the Board of County Commissioners,is the final step before the placement of the dock as presently designed can occur. As you may have noticed in the packets before you,the dock design at the western side of the proposed extension area has been revised to make the docks hug the shorelines and existing mangroves more closely and therefore lessen the extension in the Haldeman Creek. With that,Tim Hall will continue the discussion and answer any specific questions you may have. MR.HALL: Good morning,Commissioners.For the record,Tim Hall with Turrell,Hall and Associates. Since we're hearing both of these together,I figured Pd start with the BDE and go through the criteria of the boat dock extension that's in the Land Development Code,show how the project meets those criteria and then have a brief discussion about the ST application as well. I'll start with the staff report. As Fred had told you,as a result of some discussions,a public meeting that we had with the residents in the area,there was a modification made—a modification made to the west side of the docks. The original application had the docks further out into the creek. And the 52-foot extension that was noticed was at this point of the docks right here from the mean high water line out to the outside edge of the boat. The changes made brought that portion of the dock in closer to the mangroves. It will involve more dredging associated with that,but it brings those docks within the 25 percent width of waterway line,and it reduces the extension from the 52 feet that was measured here to 45 feet,which is now measured down at this end of the docks. A general overview of the area shows the project site located just west of Kelly—I'm sorry, Bayshore Road. I still have problems with that. It's a mix of parallel and perpendicular mooring,and it kind of follows the perpendicular mooring that starts over here on the east side of the bridge,on the north side,then continues on on the south side of the canal and then into this multi-family project. Going through the actual criteria,as you all know there are five primary and six secondary criteria. We believe and staff has agreed that the project meets all of the applicable BDE criteria. Page 8 of 37 June 19,2014 The first one is whether or not the docks are appropriate in relationship to the waterfront location and the zoning. From a waterfront standpoint,the county has a Manatee Protection Plan which outlines how many slips should be allowed on certain properties. There are three different categories,from a protected ranking, which is the least amount of slips to a moderate ranking to a preferred ranking. In its current condition,this site qualifies as a moderate ranking,which allows up to 10 slips per 100 feet of shoreline. The project has 938 feet of shoreline there,which would equate to 93 slips. There is a further restriction in the Land Development Code about appropriateness,which limits multi-family facility,or which recommends that multi-family facilities only have one slip per unit on this site. The current land plan is proposing 64 upland units,which would equate to 64 slips. And the application that's before you is for 42 slips.So given all of that information,we believe that the proposed plan is appropriate and does meet that first primary criteria. The second criteria has to do with whether or not the site is shallow;if there are shoreline issues which necessitate an extension in this case. There are mangroves along the entire shoreline which take up the majority of that 20 feet. If we did only parallel mooring without any perpendicular slips,we would still have an extension out to 41 feet at the western end of the application because of where the mean high water line is and the mangroves and then the outside edge of the docks. So regardless of anything that we had to do here, a BDE is going to be required. And so the extensions that we are proposing due to the mangroves make us meet that secondary--second primary criteria also. Third criteria has to do with navigation,whether or not there is an impact to navigation. Generally navigation has to do with appropriate water depths and where boats can move through there. When we were at the public meeting,a couple,or at least one,of the boat captains said that he needs four feet of water to be able to appropriately navigate through there. We had the creek bottom surveyed from shoreline to shoreline as part of that,and showed that the-4 contour is what is hatched in blue there. And you can see that the location of the docks is actually south of that-4 contour. The dredging that will be done in conjunction with this will move that-4 contour up into the slips themselves. But in terms of what is out there right now existing,we're not--the docks are not impeding or going into that navigation area. So because of that we believe we meet the third primary criteria as well. Fourth criteria has to do with maintaining the open waterway. It limits you to no more than 25 percent--or protrusion of no more than 25 percent the width of the waterway. And the slips that we have proposed,we've estimated that 25 percent width,which is these red lines,the 25,50,75. And basically what that is,is a—its the mean high water line on both sides,and then the distance between that and then you kind of connect the dots. But we show that the facility as proposed is within that 25 percent width of waterway,so we meet that criteria also. And then the last criteria,last primary criteria,is that the docks should not interfere with any of the neighboring docks. In terms of adjacency to the east and west,there are no neighboring docks immediately adjacent to either side. As you go across the waterway,and I'll use this exhibit,if you will,the applicant actually owns this portion of the northern shoreline and has committed to the put that under a conservation easement,so there will be no docks placed on that northern part of the shoreline. There is a small privately held parcel right here. It was permitted as the Sanctuary de Met-Landing,I believe was the full name of it. They did go through the BDE process and had a boat dock extension approved for 49 feet,which went out to 25 percent of the waterway on the north side. A cross section of the facility from that shows that the 25 percent width of the waterway of our facility is a couple of feet short of the 25 percent. The de Mer landing docks,as previously proposed,went right out to the 25 percent,and the criteria of 50 percent of the remaining width being left open for navigation is still met. So from that information we believe we meet the last primary criteria as well. As you go into the secondary criteria,as I said,there are six of those. First being if there's any special conditions other than water depths that create the need for the extension. As I said,the mangrove shoreline,which was actually created back in the mid Nineties--I have Page 9 of 37 June 19,2014 some photos of that. Along the waterway itself when this project was permitted back in the Nineties,part of the approvals required them to build this mangrove plant or shelf,which extended the width of the canal in terms of the mean high water line,but it restricted it in terms of the Land Development Code by then making any docks that were proposed there be further out from that actual mean high water line. So because of the mangroves,as I said before,the extension is arequirement,it is a special condition,and it makes this consistent with that first secondary criteria. Second one,second secondary criteria,whether or not the docks provide safe access.As proposed, the docks currently have eight-foot access walkways to a six-foot marginal wharf and four-foot forger piers, which is kind of standard in terms of access.It does provide safe access and going a lot smaller than that with the finger piers would we believe be contrary to that. So I'Il talk about those access points later on in conjunction with the ST application. I know the staff had made a recommendation to eliminate some of the walkways,and we've discussed that and we have a counterproposal,but I think it meets what staff was looking for. The third criteria has to do with the amount of shoreline taken up by the facility,but ifs only applicable to single-family residences,so it's not applicable to this petition. The next criteria is whether the facility has a major impact on the waterfront view of the neighboring properties. The boat docks are associated,as I said,with this property. It will have--the view of the neighbors across the waterway will change. They will be looking at docks in hunt of mangroves. But it has not impacted their waterfront view,because their view of the water in front of their properties is the same as it always has been. So across the waterway,that view will change. But we're not blocking anybody's views of the waterway and we are not--well,basically we're not blocking anybody's views of the waterway. We're changing them but not blocking them. The fifth criteria,will any seagrasses be impacted. We've done a couple of submerged resource surveys on this project,and no seagrasses were located,so the project will not have any impacts on those. And last is whether or not the project is subject to the Manatee Protection PIan. I alluded to that when I was going through the primary criteria. It is subject to the Manatee Protection Plan,but under that plan this project would be allowed up to 93 slips. We're only proposing 42. So going through the criteria,we appreciate all of the time that the staff and the Commissioners themselves have put into reviewing this. I do have a couple of modifications or corrections to the staff report that Id like to address. The boat dock facility protrusion,due to the changes that we made,has been reduced from 52 to 45 feet. And in that first paragraph it says into a waterway that varies from approximately 97 to 120 feet wide. The waterway itself actually varies from 134 feet to 180 feet from mean high water to mean high water. That 97 to 120 came out of our application response to primary criteria three where we said that 97 to over 125 feet would remain after the construction of the docks. So that's the width of the waterway that is going to be there after the docks are built. What's there right now is actually 134 to 180. And that will be in that first paragraph and then in the last paragraph on Page 1 as well where the--where it says the waterway varies from 97 to 120. Moving on from the staff report of the BDE into the--oh,wait,no,I needed--I'm sorry,I forgot I needed to clarify. There were three conditions to approval that the staff had recommended,and I want to make sure I clarify a couple of those. The first one about construction of docks shall not commence until the approval of the SDP and the issuance of a building permit for the upland housing development as well as the docks has been issued. And we want to clarify that that's the issuance of a single building permit,not all 16 building permits before we can start construction of the docks. I mean,I know that because the docks are an accessory use we need to have upland construction going,but we don't want to have to have the entire site built before were allowed to start the docks. So we just wanted to clarify that that means we need to have the issuance of a single building permit before we can pull the dock building permit. And the same with condition number three,that that applies to a single certificate of occupancy,not the certificate of occupancies for the entire development. Page 10 of 37 June 19,2014 And I have--I kind of question that because from a logistical standpoint,if the docks are completed before the building is,it would be beneficial to be able to get those docks C.O.'d while the contractor is still there on site. If there is a lag between when the building gets C.O.'d and when the docks get C.O.'d,if there's an issue with the C.O.and the contractor has to come back,that could be a substantial cost,as well as,you know,more impacts to bring barges and all up in there to make any changes that may be required if for some reason the C.O.is not authorized or if there are changes that have to be made. So I would like to get that third if staff is okay,I'd like to get that third condition changed to the C,O.shall not be issued,you know,until the upland building is substantially completed,rather than C.O.'d. MR.REISCHL: Fred Reischl,Planning and Zoning. A suggestion might be to include it as a temporary C.O.until the C.O.is given to the building, because by issuing a C.O.you're saying that the use is okay and the use is not okay until there is the use of their housing on the site. So I think we could work with a temporary C.O. MR.HALL: I could live with that. You guys okay? Yeah,that would be fine, VICE-CHAIR HOMIAK: So on number three it would be a temporary? MR.REISCHL: A C.O.or temporary C.O. VICE-CHAIR HOMIAK: Okay,temporary C.O. MR.HALL: Okay,moving on to the ST application. It's much shorter,we really don't have any issues with that. I will show you the—the area in pink shown on this exhibit is the ST overlay area.It runs basically consistent with the canal,the creek itself. A portion of the access walkways and the docks lie within it. As I had said,those mangroves were put in place as part of the previous development authorization for the property. The impacts to those mangroves are associated with some of the retaining structures on the upland and then the access walkways out to the docks. The staff recommendation for approval,and they're--one of the conditions or the condition that they put in was to eliminate two of those walkways. And what we would propose right now,as I said,those walkways are eight feet wide. And in talking with the applicant,with the petitioner,what we would like to counter propose is we will eliminate one of those walkways and three of the four will reduce down to six feet wide instead of eight feet wide. I would like to keep the eight feet wide one there for the canoe launch facility and all. It's just a tot easier to maneuver a canoe or a kayak through a little wider access than a narrower one. So the reduction of the two access walkways would have been 16 feet of reduction. We will eliminate one,modify the locations of the other three to fit within the buildings themselves,and reducing the width would be a 14-foot reduction in the overall impacts through that ST area, So I'm--that's the--we hope that you would agree with us and with staff that the project is consistent with the BDE criteria.We'd like to get your approval contingent upon the Board of County Commissioners final approval of the ST application with the hopes that you would forward that ST application to them with a recommendation for approval as well. We'd be happy to answer any questions. VICE-CHAIR HOMIAK: Okay,any questions? COMMISSIONER EBERT: Oh,boy,yes. Tim,where would you put these 93 slips that you keep saying that they could have in here? MR.HALL: If you were going to do 93 slips? COMMISSIONER EBERT: Yeah. MR.HALL: You could--previous plans that were done back in the mid Nineties actually had part of that L portion of the project part of this piece of the project right here,actually dug out and a marina basin created in there. From a logistical standpoint,fitting boats of the sizes that most people want to own nowadays,I don't think you could fit 93 on there,but 93 is what is allowed under the code. If you went to a much smaller,you Page 11 of 37 June 19,2014 know, 15 or 18-foot boat,you could fit a lot more in than what we are showing. COMMISSIONER EBERT: Okay. So you would have wrapped it around the corner? MR.HALL: I would not wrap it around the corner. There's two reasons. If you look at the width of this canal going around the corner,it's only about 45 or 50 feet wide. So if you try to put boats along that canal,you'd be really restricting that waterway even more. The county Property Appraiser's site also shows that the property owner across that canal actually owns that canal bottom. Whether that's accurate or not,I don't know. But in order to do that,we'd have to have outside permission,given the way that the Property Appraiser shows the property lines. COMMISSIONER EBERT: Okay. What about to the back side of this,it looks like there's a little bay in there? MR.HALL: This area right here? COMMISSIONER EBERT: Yes. MR.HALL: That's--it's very shallow.It would require a lot of dredging,a lot more mangrove impacts to be able to get to it. And if you look at that,that configuration would limit the amount of slips that you could put in,more than what you have along the waterway, I will say that that configuration was looked at when we went though the state and federal permitting,and the state's response was that they would prefer to see the docks on the manmade portion of the waterway,not in those natural water bodies that would entail more impacts to put them there. COMMISSIONER EBERT: Okay. Because I understand previously that the previous owner was planning and that's where he was planning on putting them. MR.HALL: No,not the previous owner. At least the last two owners of this property,these docks have always been located where they are. But back in the Nineties,when I showed you those old--some of the older site plans and all did show some docks in there,as well as along the river. COMMISSIONER EBERT: Yeah,we were seeing that for the first time today. I told you I was going to ask you,how many boats could you put on a parallel dock?The same dock area that you propose,how many boats could you put in there parallel and what size? MR.HALL: Of the same sizes as we have with a mix of 25 and 30-foot boats,you could probably put about 29, COMMISSIONER EBERT: And can you show us all the approved neighboring docks on this tidal creek? MR.HALL: I had mentioned the other perpendicular docks. Is that what you mean?Or,I mean,I-- COMMISSIONER EBERT: Yes. MR.HALL: In terms of going through on the east-- COMMISSIONER EBERT: No,no,not those.Hu-uh. That's on the other side of Bayshore.That's —you have to have a tinier boat just to even get under that bridge. MR.HALL: Correct. COMMISSIONER EBERT: There is something permitted across from this dock that you're proposing. You don't have a drawing of that? MR.HALL: 1 had a cross-section drawing.I don't have a plan view drawing of it. COMMISSIONER EBERT: Tim? VICE-CHAIR HOMIAK: It's in the ST permit cross-section. MR.HALL: If you go to this-- COMMISSIONER EBERT: I know it's in the cross-section,but just a minute. MR.HALL: I was going to say,if you go to this exhibit,it's this property right here that's partially cleared. And their docks would go out to that red line. So from--from here to about here those docks would go out to this red line. And on the cross-section view,again,that's the docks on that side,these are-- COMMISSIONER EBERT: Yeah,I thought you'd show us this. Fred,could you come and get this so he can put this on the--on the viewer, M.R.HALL: Okay,is it-- COMMISSIONER EBERT: Well,I mean,I thought you'd be showing us that,because I had kind of Page 12 of 37 June 19,2014 asked you. And also,in this on the property boundary it also said that they got the information from Turrell-Hall. So I thought,well,Tim will bring that. MR.HALL: Well,I mean,that's why I showed it. And we put it on that--to me the cross-sectional view shows you what the actual widths are there in conjunction with the docks themselves,so that's why-- COMMISSIONER EBERT: And by the way,that is the Army Corps of Eng—that's their permit from the Army Corps. What is the width of this canal at low tide;do you know? MR.HALL: From mean low water to mean low water,it can come in probably as much as 30 feet less than what it is. Or from the mangrove shore to mangrove shore,if you consider that the open waterway, at the lower low tides you can lose maybe 30 or 40 feet, UNIDENTIFIED MEMBER OF THE AUDIENCE: On each side. VICE-CHAIR HOMIAK: You can't speak from the audience,please. MR.HALL: I mean,given the survey elevations. But the drawings that we show and the permitting that's done is based on what the water level elevations are at low tide. So we have to be consistent with the state,you know,standards and that's why we're-- COMMISSIONER EBERT: But that is quite a bit of distance that it shrinks. MR.HALL: Again,but I showed you the exhibit based on the survey that we had done that shows that we're not impacting that waterway that would still be open. We're going to be dredging under our docks, not putting our docks out into where it's already deep. COMMISSIONER EBERT: Okay. Can you show us the dredge area? It was kind of confusing to me in reading this in the staff report on Page 6 and 7. You just keep saying a maintenance dredge, This is-- you're going to be dredging a new dredge,correct? MR.HALL: No,ma'am. The dredging--those photos that I showed you when that mangrove shelf was done,here,there was dredging done outside to help fill in that shelf. So what's being done here right now is another maintenance dredge. COMMISSIONER EBERT: You call that a--okay,where is the rip-rap on this? MR.HALL: The rip-rap is here on the outer edge. And when this was built;this rip-rap was placed, material from outside of the rip-rap was dug and placed inside of that.So this is-- COMMISSIONER EBERT: When were those photos taken? MR HALL: 1994. COMMISSIONER EBERT: Okay. So you consider that a maintenance dredge,even though you're going to--you're going to go close to the mangroves. And how far down are you going to go on this dredge? MR.HALL: The depth under the boats will be four feet,and then as you get closer to the rip-rap and the shore it will come up and tie into what the existing elevations are. COMMISSIONER EBERT: So there will be no sand bar? MR.HALL: No,ma'am. It's not just ine that considers it maintenance. The state has reviewed it as well and they classified it as a maintenance dredge also. COMMISSIONER EBERT: But this developer will be paying for all of that;is that correct? MR.HALL: Yes,ma'am. COMMISSIONER EBERT: You mentioned that on the north side of this is going to be planting. You're going to be taking some things out because of overgrowth,removing the exotics and planting some more red mangroves;is that correct? MR.HALL: From here to here,this section of the shoreline and this piece of property up here, they'll be doing removal of exotic vegetation. And where the areas are denuded as a result of that exotic removal,we'll be replanting with either mangroves or with a more uplands species like sea grape or something,whichever is appropriate for the elevation. COMMISSIONER EBERT: Okay. Yeah,because in reading the material that you sent--and I notice a lot of this stuff goes back to 2008,most of the drawings and everything—that was with the previous owner. And for them even to come with these docks,they had to put that in--give it to the state;is that correct? Page 13 of 37 June 19,2014 MR HALL: Well,it's put under a conservation-- COMMISSIONER EBERT: An easement. MR.HALL: --easement. Its not given to the state but it's put under a conservation easement-- COMMISSIONER EBERT: In favor of the state. MR.HALL: —in favor of the state,which gives the state then enforcement in terms of making sure that the docks and the construction and the dredging and everything is compliant with the permits that were issued. COMMISSIONER EBERT: Okay. That's all I have for right now. There will be more though,Tim. VICE-CHAIR HOMIAK: Stan,do you have something? COMMISSIONER CHRZANOWSKI: Yeah,just two comments. When I looked at this project I looked at Google Earth,I looked at the Appraiser's website,I looked up and down Haldeman Creek,and it seems like most of the docks that I saw are perpendicular docks? MR.HALL: Most of them going towards Bayshore,as you go out the other direction,there's some T-docks and some others,but there are a lot of perpendicular docks in the area. COMMISSIONER CHRZANOWSKI: Okay. The view,I--some of the letters I got said that you're going to destroy their view of the canal,and you said you wouldn't even interfere with their view of the canal. So I assume the difference is they're talking about their view of the mangroves on the other side of the canal,they will no longer see the mangroves on the other side of the canal because of your boat docks. Your opinion is they're going to still see the canal and the boats going up and down it? MR.HALL: Yes,sir. COMMISSIONER CHRZANOWSKI: Okay. What's the speed on Haldeman Creek? How fast can you go? Because the reason I ask is there's a picture posted on Google Earth and that guy looks like he's doing 30 knots. MR.HALL: The signs that are there say no wake. Whether or not they are officially there under the auspices of the Conservation Commission and all,I didn't follow up on that.But we've been under the assumption that this is an idle speed,no wake creek. Or at least this area. COMMISSIONER CHRZANOWSKI: All the way out,both sides,even through the mangroves? MR.HALL: Yes. COMMISSIONER CHRZANOWSKI: I'm curious,because I do kayak a lot and there's a lot of blind turns on here,and I'd hate to run into somebody coming the other--well,I'd hear them coming,you usually do. And then you start hugging the shore and grabbing a mangrove so they don't flip you over. MR.HALL: As I said,I know that this area is posted that way and there have been no—as far as I know,no issues with the Conservation Commission to remove that signage,so we're assuming that it's there legitimately. COMMISSIONER CHRZANOWSKI: Okay. Even though the rest of the bay might not be a no wake zone anymore? MR.HALL: Correct. COMMISSIONER CHRZANOWSKI: Okay,thanks. VICE-CHAIR HOMIAK: You're staying within the 25 percent for the whole length of the docks? MR_HALL: Yes,ma'am. VICE-CHAIR HOMIAK: You're all staying just as the people across got approved for and everybody else? I noticed when I did look on the Property Appraiser's site and measured some of the docks down further,I think some of them might be--where the boats extend,they might be a little over. MR.HALL: They might be. Some of the ones in the canals definitely are,but there are different rules for the canals which allow up to a third rather than the 25 percent on narrow canals. But for the most part,I mean,the ones even further up the way are--I don't know whether they're grandfathered or not,but there's still been plenty of room for the people to navigate by them. VICE-CHAIR HOMIAK: And so the extension--how many feet are you asking for for the extension? MR.HALL: 25 feet over the allowed 20 for a total of 45. VICE-CHAIR HOMIAK: And all the time it will stay within the 25 percent,though?Because some Page 14 of 37 June 19,2014 of them are parallel and they're not--they don't go out but 25 feet MR.HALL: Correct. Well,like on-- VICE-CHAIR HOMIAK: The protrusion intrusion is 25 feet,right? MR.BALL: What's that? VICE-CHAIR HOMIAK: The intrusion into the waterway is 25 feet for some of the-- MR.HALL: Well,the intrusion into the waterway itself is probably 30 feet. I mean,the boat itself and the boat dock is 30 feet.You have the six-foot width of the walkway and then the location of the mean high water line behind the walkway which at the furthest point is nine feet. So that gives us—that's where the 45 comes from. VICE-CHAIR HOMIAK: But the ones that are parallel are— MR.HALL: The ones that are parallel aren't--like right here is the closest we get,because the mean high water line is so far behind the docks. So the 25 percent is actually closer to the mangroves. But those parallel slips are still within the 25 percent.And that's a result of the change we made.When I first started 1 said that these docks originally went out further. And we did that knowing that the 50 percent width of waterway criteria would still be adhered to in this point because this shoreline will be under conservation easement and no docks put on there. But because of some of the community issues and so forth,we decided to go ahead and straighten that out,so the entire facility is consistent with the 25 percent on the south side. VICE-CHAIR HOMIAK: Okay. And this is part of the Haldeman Creek MSTU? MR.HALL: Yes,ma'am. VICE-CHAIR HOMIAK: Okay. Do you have anything? COMMISSIONER DOYLE: Yes. Tim,with the changes made and knowing the opposition from some of the community members and some of the reductions you've addressed,have we gotten to any common ground as far as what's acceptable to the community or to the opposition? And do we need some more mediation to reach a place where we can see both sides? MR.HALL: I don't know. I mean,I know a lot of the emails that I saw that we got from the staff were based on the April submittal that went out that said a 50-foot two-foot protrusion into the waterway. I think a lot of people took that to mean from the edge of the mangroves we were going out 52 feet That's not the way the BDE criteria works. You have to go from the mean high water line which in some cases is 15 or 20 feet into the mangroves themselves. So the protrusion--as I said,the furthest protrusion into the waterway itself from the edge of the mangroves is going to be about 35 feet,36 feet. So that's where the outside edge of the dock to the longest dock that we have,the 30 and the six. And the way that these will be built,they're actually going to--the marginal wharf itself will be over the top of the rip-rap,again to try to bring everything in closer to the shoreline,as close to the shoreline as we can. COMMISSIONER DOYLE: So perhaps some of our opposition is leaning a little more softly towards this project? MR.HALL: I know that there are--I don't know. I would assume that you're going to hear from some speakers that may not be satisfied yet. COMMISSIONER DOYLE: Thank you. COMMISSIONER EBERT: Tim,I have one question here. In speaking with the developer yesterday--or with Mr.Cook,he said that there was a mistake and he only wanted--the 20-foot extension,he only wanted 15 feet for a total of 35 feet for the mean high water line.He says we're only asking really for a 15-foot extension. MR.HALL: Yeah,I think there was some confusion on a couple of our earlier cross-sections in terms of where some of the lines were,and he misread one of those cross-sections. But the 25 feet extension is what we need for the facility we have proposed. COMMISSIONER EBERT: Okay,thank you. VICE-CHAIR HOMIAK: Anything else? Page 15 of 37 June 19,2014 (No response.) VICE-CHAIR HOMIAK: Okay,we'll go on to the staff report then. MR.REISCHL: Thank you,Commissioners.Fred Reischl with Planning and Zoning. Give you a little background of why you're hearing this. Because since last October,boat dock extensions go to the Hearing Examiner,However,the Hearing Examiner's ordinance says that if there's public concern,great public concern,that it will go to the Planning Commission. So you are the body that's charged with decision-making on this. Also,so we had scheduled this for the Hearing Examiner last April. There was a sign;Naples Daily News and the mail notice that was sent out for that. In fact,at that Hearing Examiner meeting,even though we tried to get word out to everybody,I think there was two folks that showed up at the meeting and it was announced that it was continued'til a date when the Planning Commission could hear it. And in addition to the regular advertising for the Planning Commission,I was invited to the Haldeman Creek MSTU to answer questions,which I did. And the room was filled. As you probably know, ifs not a really big room,but probably 30 people were there. And then the applicant asked to speak to the Bayshore CRA and they did,and I.was in attendance at that meeting and answered some procedural county questions on that too. So just to give you a little bit of how you're getting to hear this. As Tim said in the--and you read in the staff report,I looked at all the criteria of the applicable criteria according to what was presented to me. The application meets those criteria so we're recommending approval. And I'll be happy to answer any questions. VICE-CHAIR HOMIAK: The conditions that you have here of approval-- MR.REISCHL: Yes. VICE-CHAIR HOMIAK: And after Tim will the first one remain the same or is that going to be a-- MR.REISCHL: I can confirm,it's for the--I think your question was for-- MR.HALL: Just one. MIL REISCHL: One,yes. VICE-CHAIR HOMIAK: And so that would need to be changed? MR.REISCHL: Well,I said a building permit. COMMISSIONER HOMIAK: So that means one. MR.REISCHL: That was my intention,and we're clarifying it on the record. COMMISSIONER CHRZANOWSKI: You want to change it to the first? MR REISCHL: That works. COMMISSIONER CHRZANOWSKI: At least it's a lot clearer. MR.REISCHL: Okay. VICE-CHAIR HOMIAK: And the third one would be changed to single C.O.or temporary C.O.? MR.REISCHL: C.O.or temporary C,O.,right. As long as we have that protection for the temporary,because otherwise you're authorizing a use that the code doesn't authorize. VICE-CHAIR HOMIAK: Okay. But then this whole--then this would need to—the request is for a 25-foot extension,not 30-- MR REISCHL: You can check with Heidi on this,but because it was advertised at a greater extent, I believe it's okay to hear it.And my staff report still reflects that,because our time lag in preparing staff reports and advertising and everything is almost 30 days. So this change was made after the staff report was written and signed. VICE-CHAIR HOMIAK: Okay. MS.AS.HTON-CICKO: Yes. So if it's reduce from 32 to 25,then that's permissible. COMMISSIONER EBERT: Originally it said 52 feet. MS.ASHTON CICKO: Well,it's the extension is over the 20 feet that's allowed,so you would add the--so it's 45, COMMISSIONER EBERT: Okay. VICE-CHAIR HOMIAK: Anybody have anything else? (No response.) Page 16 of 37 June 19,2014 VICE-CHAIR HOMIAK: No? Okay,for the ST,Summer? MS.ARAQUE: Good morning. Summer Araque,Natural Resources Department,for the record. And essentially as described by Tim,you're looking at the special treatment permit.There's an ST overlay,and staff reviewed the impacts. And we are recommending the reduction of the accesses. And I think we're acceptable to what's been proposed. Do you have any questions for me? VICE-CHAIR HOMIAK: So you're acceptable with what they're proposing-- MR SUMMERS: Yes. VICE-CHAIR HOMIAK: --to knock it down to four and three at six feet and one at eight feet wide? MS.ARAQUE: Yes. VICE-CHAIR HOMIAK: Anybody? (No response.) VICE-CHAIR.HOMIAK: No? COMMISSIONER EBERT: Summer,I have a question for you. In talking to you,you said the county no longer does mangroves,that this is a state.You have no control over this anymore;is that correct? MS.ARAQUE: The state--I don't know about-- COMMISSIONER EBERT: The state regulates it? MS.ARAQUE: I don't know about anymore or how long that's been,but for quite a while the state has had jurisdiction over the mangroves. COMMISSIONER EBERT: Okay. And Tim told me these--one of the first owners of this property completely pulled everything off from it,that it made it barren and that these were all hand-planted mangroves. I mean,do you know that? MS.ARAQUE: I don't personally know. I wasn't—1 didn't live here in the Nineties. COMMISSIONER EBERT: I didn't either.Okay,I'll ask Tim that later then,thank you. MS.ARAQUE: I believe there were Australian pine there. So it's actually an improvement. VICE-CHAIR HOMIAK: Anybody else? Do you have--no? COMMISSIONER CHRZANOWSKI: Those photos Tim had was from'94 and Windstar was done about in'83 or'84,right? And that area was all Australian pine. MR.REISCHL: It was the early Eighties.Because in response to some questions,I looked at the Windstar PUD,and it was'80 something.So it was in the Eighties when it was approved and I would assume that the first building was done in the Eighties then also. COMMISSIONER CHRZANOWSKI: Yeah,and you can look at the archived Pro perty Appraiser's website photos. And you can go back on Google Earth now and look at the old photos and see what's there. But at this point,it doesn't matter. VICE-CHAIR HOMIAK: Okay,I think--it's almost a quarter past 10:00 now,I think we'll take a 15-minute break and then we'll take the public speakers. (Recess.) VICE-CHAIR HOMIAK: Okay,could you please be seated. Fred,did you have something you wanted to— MR.REISCHL: Thanks. Yes,I wanted to put something on the record that I heard during the break. Someone told me that there were plans to--if the docks didn't sell to the residents of the project that they would be sold to outside persons. And the code prohibits that.This is residential zoning. Ifs--if they were sold to an outside source,that would be a commercial marina and this is not zoned for a commercial marina. So it would have to be the owners of the residents. Thank you. VICE-CHAIR HOMIAK: You heard that from--is that the--I thought they were going to be owned by the owners in this development and in Windstar. MR.REISCHL: Yes,that's what would have to be--they can't be sold COMMISSIONER EBERT: To a third party. Page 17 of 37 June 19,2014 MR.REISCHL: Well,that would be a question to County Attorney. Can an adjacent development own these? VICE-CHAIR HOMIAK: They can't extend to Windstar,so they are--they're part of Windstar. Is that--is there someone from the applicant's side that the can speak to that? MR.REISCHL: Someone had told Ashley from the CRA and talked to me,so-- MR.HALL: I know that the permits,the state and federal permits that have been issued,as well as the county code,like Fred said,has to be a residential component. I'm not a planning or zoning expert,so I don't know whether their annexation into Windstar is reciprocal and allows the ownership that way.The agreement that they have right now,if it's permissible this project,the Landings,or Haldeman's Landing and Windstar would have access to those docks. But if it's not permissible or if it's determined not to be permissible under the county code then it would be limited to the owners of the Haldeman's Landing. VICE-CHAIR HOMIAK: Okay. COMMISSIONER EBERT: Could you clarify that? MS.ASHTON-CICKO: I can't answer the second question. The first question,you know,clearly the owners in the uplands,you know,can use the docks. Whether or not the people across the way or in a different development can use the docks,I would think not. But we'd have to see the specific facts, MR.BELLOWS: For the record,Ray Bellows. The docks are accessory to the residential community that's under the property ownership interest. Now,if there's a change in ownership interest where the property's incorporated into a larger development, there may be a possibility that those owners within the larger ownership interest could utilize those docks. But I think we need to verify what's shown on the SDP for the multi-family and how those docks are related to that. Then what happens when subsequent purchases take place. Normally adjacent residential communities would not be allowed to utilize docks for another development. VICE-CHAIR HOMIAK: Okay. So it's within the code that's--county code that's going to govern that anyway. MR.BELLOWS: Yeah,definitely it will.And a lot depends on how they configure their site development plans for the residential and how it's incorporated within a larger part.Projects are zoned differently. Windstar's a planned unit development. This is straight zoning. COMMISSIONER CI-IRZANOWSKI: Can I get something on the record? VICE-CHAIR HOMIAK: Sure. COMMISSIONER CI-IRZANOWSKI: I totally forgot. In the Eighties I worked for Coastal Engineering up until about'91,and then I worked 20 years for Collier County. I was one of the engineers on the Windstar project.Coastal was the firm that designed Windstar.And I have—the people I dealt with were Bernard Johnson and Charlie Schowing. I haven't heard their name in so long. I have no monetary interest in this. But I guess maybe I should just put it on the record. I'm.familiar with the property. We had looked at it back then. But I--there's no other ties. VICE-CHAIR HOMJAK: Okay. Okay,thanks. Okay,we're going to start with public speakers. And if there's anybody who hasn't signed up on a sign-up sheet,could you please do that so that the court reporter can have your name spelled correctly. MR_REISCHL: And please feel free to use either of the podiums. If you do have something that you want,photos or anything like that,this is the one that has it. If you're just going to speak,you're free to use the other podium also. First registered speaker is Richard Sawicki. Followed by Kate Riley. MR.SAWICKI: Richard Sawicki. I reside at 3150 Lakeview Drive. I was always under the understanding that when you do a dock it is either in this case 20 feet from the property line or 25 percent of the canal,whichever is more restrictive. I guess maybe someone can answer that question. And also,I think it's--it appears to be somewhat subjective as to what the actual mean high water line is of that canal. The canals within the--off of Bayshore,the one I reside on,those are all 50 feet wide, And using that as a scale,I would say that this canal is probably closer to 100 feet wide. And to me it just Page 18 of 37 June 19,2014 seems like it's a variance that they're asking for that other people in our neighborhood have been denied where they have to put their boat dock even inside that lake that you were referring to where at one time they were going to have a basin there,they're even required to do their dock parallel to their property,even though they were on a probably 100 foot wide lake. Thank you. MR.REISCHL: Did you want me to answer that? VICE-CHAIR HOMIAK: Yeah,please. MR.REISCHL: There are different regulations for different widths of waterways.This waterway is greater than 100 feet,and that does allow for the boat dock extension,if you meet the criteria. • Canals that are less--or waterways that are less than 100 feet are limited to a certain protrusion, depending on the width of the waterway. So there are different rules for different widths of waterway. VICE-CHAIR.HOMIAK: Okay. • MR.REISCHL: Next speaker,Kate Riley,followed by Jack Hale. MS.RILEY: Hello,members of the Planning Commission. My name is Kate Riley. I live closer to the subject property than anyone else on the creek. These photos were taken from my property.Pm sure everyone in this room has seen these pictures. This was taken from my dock. This is what low tide looks like. This is where the six docks are proposed to be that go out 49 feet This is the subject property at low tide.This was just taken in 2012. These boats are no longer there,but they were last year. And this is what the boats look lice at low tide. I guess 1'11 use both. I know you have read my letter and are aware of how this impacts me personally,so rather than repeat myself,I will propose some things to consider. Where else in Collier County is there a 1,000 foot long boat dock?Let me give you a visual of 1,000 feet. It's the Naples Pier. Can you imagine boats bow to stem,bumper to bumper,along the Naples Pier? I don't know if you can see this,but this is what the Naples Pier looks like with boats all along--all the way up to the bath house.From here to there. All the way to the bath house are boats. That's what's going to be down Haldeman Creek. Let me ask you a question: Are we going to allow this just because it's here in East Naples? We know it would never happen in old Naples,Wiggins Pass or Doctors Pass. If Windstar wants to tuck their boats into the shoreline as designed,they will have to cut mangroves. Why would we remove a natural filtering system on a shallow narrow manmade creek just to accommodate 1,000 feet of boat docks? I'm going to show you another image. This is from Google Maps,2014,pulled off the Internet just last night A picture of the property that we're speaking about. Of course we've already seen that picture once today. So let me give you a--let's see. There is my house. So let me give you another picture of what it will look like with what they are proposing. Where's the boat now? Now,remember--let me put that back up.From here to here,the Naples Pier,down Haldeman Creek. Here to here. And here are the six docks that are placed 49 feet out. So the little—the boats are going to go back and forth. What happens when the boats come out and the boats come out? We've seen this picture a lot. This is Turrell and Associates--Turrell,Hall and Associates'aerial view of the proposed dock dated 2009. If you were to compare it with the 2014 aerial view that was just shown of the creek,it looks--it certainly Iooks like the waterway has become narrower in the last five years. What's going to happen in another five years? Someone said to me just yesterday,would you be happy if all the boat slips ran parallel to the shoreline all the way down the creek?My answer: No. No. We wouldn't want the choochoo train strung along the entire Haldeman Creek. So what do we want? We want the integrity of the creek in its natural state. We want what's fair. We want what's been extended to those of us who have lived on the creek for years and years,paying taxes Page 19 of 37 June 19,2014 and maintaining the creek. It is my understanding that there are three separate pieces of property being developed on the petitioner's application.What happened to having no more than two boats per property on this creek as it has been granted to the rest of us? If you give the developer this variance,it will set precedence for the creek. What will happen after that? It disturbs me when I was asked when I asked a person who has a vested interest in these docks getting approved what's going to happen to the wildlife. The response was:They're just going to have to find someplace else to live. I want to show you a few photos taken of the last couple of years. Trust me,I have many of them. But I'm going to show you a few. This is a very familiar friend in Haldeman Creek. This is right at the said property.This is taken from my porch. This is the property that we're talking about at low tide. Most of the photos that we've seen are all at high tide where one would say,what's the problem here? That's the problem right there. This is a great blue heron,strutting along the shoreline where boats are proposed to be placed. And this last one,it's my favorite. It was taken just after Turrell,Hall and Associates placed their buoys along the shoreline to supposedly mark their outer dock Iimits. So there's the manatee right there, I often see manatees in the creek,sometimes two or three. But this little fellow right here,he decided to just show us the real deal on Haldeman Creek with what's going to be happening here. I've always been a believer in when it doesn't sound right, 1,000 feet of dock,and it certainly doesn't look right,then it isn't right. There is nothing right about this. Thank you for listening. MR,REISCHL: Next speaker is Jack Hale.Followed by Jean Van Arsdale. UNIDEN'T'IFIED MEMBER OF THE AUDIENCE: Jack ain't here. MR.REISCITL: Okay. Jean Van Arsdale,followed by Roy Wilson. MS.VAN ARSDALE: Good morning. I have some questions for you. I wonder,has an impact study been conducted? Has the developer conducted a plan of how it will affect the waterways? This waterway goes from Naples Bay all the way under 41 near WaI-Mart close to where we're standing. Do we know what the impact is of building a 1,000 foot dock? My next question is,if the new dock plan,the second dock plan,brings the dock seven feet closer to the shore,doesn't that mean that we will have to give up seven feet of filtering mangrove that are valuable to this manmade creek? Already the mangroves are no longer extending into the water. Manmade rip-rap has choked the mangrove. It doesn't need to be cut further to accommodate boats. I'd like to see a visual of this proposed project as it would be seen from the waterway,not from the way a flying hawk sees it. A birdseye view is deceiving. If views are not going to be blocked,then show us. I want to see pictures from the water of what a 1,000 foot dock looks like. And because when I stand on the shore and look now,I need my binoculars. The Naples Pier looks very different from the air than it does when you're standing at the shore. Stand on the shore,look to the end of the pier and picture boats all along that.Wouldn't you need binoculars to see the end? My next question: Will these docks have water? Will the boats be washed at their docks? Where • will the runoff go? Will there be boat lifts and electricity? Will there be lights on the dock? Will 1,000 feet of dock be lit at night? As a boater I know that there is mean low tide and there is dead low tide. The boater is concerned with dead low tide. Haldeman Creek already has a problem. Please don't add to it.Thank you. M .REISCHL: Next speaker is Roy Wilson,followed by Robert Messmer. MR.WILSON: Good morning. I'm Roy Wilson,chairman of the Haldeman Creek Maintenance Page 20 of 37 June 19,20 14 Dredge MSTU. We first became aware of this proposal through questions brought up by local residents. While we had knowledge of the previous plan for Fisherman's Village,we did not know that there was a current proposal. Through staff contact with county planning organization,we were able to obtain copies of the questionnaire document and arrange for Fred from the planning department to attend our MSTU meeting and brief us on a proposal. He mentioned the turnout that ended up at that meeting,which was all people just if ' picking up just by word of mouth that there was an opportunity to find out more information about this plan. A Lot of people attending were--well,I say all of them—were members of--property owners that were members of the MSTU. Lots of questions voicing both specific and general opposition to the plan. It was at that meeting that everybody first became aware of the Sanctuary at De Mer Landing development plan. I had no knowledge of it,and nobody there seemed to have any knowledge that that plan even went through and was approved. As a side note,I think it tells you something about the notification process and how its not keeping with the times. Taking Mr.Reischl's explanations,the residents'comments and our committee members in the discussion,I formulated that detailed document that I emailed to each one of you that I'm presuming that you read. I know there's evidence that it's been read,so I did not plan to go through that point by point. But t will try to summarize where I'm coming from. Incidentally,I would note that a lot of the documents that were referred to by the previous presenters are documents that are not in our hands. Okay? I didn't even know to ask for them. So I've never read Fred's recommendation and documents like that that we've heard mention today. Just the questionnaire and the attachments to that questionnaire. But to me,when I look at it,it's easy for me to see and I think others that the answers to the planning questionnaire were carefully designed to figure out the maximum amount of docks that could possibly be put in the proposed area. I mean,when you look at that--the dock plan and where all of a sudden there's a recommendation for six or seven 25-foot docks and then five 30-foot docks,only because on the far side of the creek there's a little irregularity. You know,this is to me working backwards from--and I guess if I was a developer I probably would have asked them to do the same thing,give me a plan that can maximize my revenue and income. How many docks can we possibly get on there? Including down at the west end. For the life of me,I can't figure out a rationale for extending past the side property line just because the previous deed showed that they owned under water before that dock was--before the canal was dug. Again,back to what's the real objective here? I would make a comment kind of out of order in my context here. But the statement about selling docks to outside people,I think the people that are saying that have read the Windstar website that has documents that are allegedly agreements between the developer and Windstar. And there is an item on there that says first priority is people who live in this new development. If they don't sell all the docks there,then Windstar residents. And if they don't sell them there,they can sell them outside. • Now,that might be against code. Maybe the Windstar people aren't aware of that. In fact, occasionally there's ads in the newspaper for an owner of a Windstar dock in Windstar selling their dock. So there's just a question there of clarification that was made. But that's probably where somebody's picked up that point. It's not just,you know,frivolous. The proposal to dredge near the shoreline may or may not impact the currently dredged channel. I originally was worried about it creating what I call a sand bar. But taking what the developer said,they will grade that down so that there isn't,you know,20 feet of their four-foot deep dredge to a level that doesn't meet up with the current dredge. I thought it was a very interesting picture that the last presenter put up. One of the things that happens if you're a boater when these—when docks are built. Her original picture where you saw the boat navigating to center channel. If you're not in a marked channel,you always go center channel. This takes and moves that center channel north. And where we had a 40-foot dredged channel,you now have boats that will be on the hairy edge of deep enough water. So I'm coming here of the opinion that it Page 21 of 37 June 19,2014 might be affecting the dredge that we did--or the county did—the next one will be on our dollars--about seven years ago. From a practical matter building out from the shoreline,we all have to agree,narrows the channel. No doubt about it. I mean,you've got building coming out from both sides.How that affects safety,I developed in my notes in my other paper that I sent you. But with these docks the way they're proposed,you've got people backing out. If the you're the 20th boat down,you're backing out blind'til you get half of your boat out of that. Now you've got boats coming up and down. With the exception of east of this development there are no docks on Haldeman Creek. They're all on channels. And if you go on Haldeman Creek and you look east of this development,it gets into a commercial area and some widening. There's no--well,there are very few boats that go past the Bayshore bridge. Because as mentioned,ifs so shallow up there,and the bridge height restriction makes it be very small boats. And they're only people who are very familiar with Haldeman Creek. So the rationale that there are some other docks east of there to me just doesn't hold water as a rationale of why this should be there. When I look at the whole proposal,in fact when I listened to the presentations today,I had the feeling that there were--in a development plan there's a basic guideline,the 20 feet. And you could file,you could file for an extension. In layman's term,I call that a variance. It may not be the same. But for an extension. The people talking today seem to be saying--oh,and there's some restriction on that extension that you can ask for. The people talking today from the developer's standpoint act like if we can show that we're inside those restrictions you've got to give us a permit. I don't think that's true. But the tone of the thing, blah,blab,blah,we're within 25 percent. Blab,blah,blab,we're within 25 percent. I don't think that's the way it should be looked at, They're looking for an exception to the basic rule. I think we ought to look very carefully at what that is. Now,I must admit,when I came here today,before I heard some of the public comments already,I was willing to suggest that a reasonable compromise might be to take and just make all these docks parallel, you get a bunch of docks,less impact. I certainly think it helps the safety issue that I'm concerned about with boats backing in and out of dock space day and night. And if you live on the creek you know you've got boats coming by at 11:00, 12:00, 1:00,2:00 in the morning. But after listening to a couple of the presentations today,I must admit,I did not in my prepared and --preparation for today think become the impacts on the wildlife and the natural things that go on. As one person said to me,we've got--whether ifs 900 or 1,000 feet there of places where those little things live that feed the bigger things that feed the bigger things that will all be knocked off balance with this. And as 1 said earlier,I can't find any rationalization for that westward extension at the end of their property line. ft just--it befuddles me. Pll probably find out from somebody in zoning or legal if possible. But just because you owned land that was somehow taken by the county to create a new canal that you have rights over that land. Thank you. MR REISCHL: Thank you. Next speaker,Robert Messmer,followed by two people on the same slip,Debbie Strand and Sean Lutz. MR.MESSMER: Members of the Collier County Planning Commission,good morning. My name is Bob Messmer,and I have been a property owner on a canal on the north side of Haldeman Creek for 21 years. Mr.Wilson's questioning about proper notification of this project reminds me to make another point. I believe there's been only one sign erected by the petitioner informing interested parties. And that is on a dead-end spur of Lakeview Drive just as Lakeview goes from east to west to north to south. To see that sign,you'd have to be a resident driving home and not make your turn to g0 home but keep going straight for a few hundred feet,get out of your car and read the sign. There has never been a sign erected where it really should be,on Haldeman Creek,to notify the boaters of what this might become.So it's very possible this hearing has not been by code properly noticed. Page 22 of 37 1 June 19,2014 Your informational packet contains my letter of June 4th,outlining my concerns,including suggested alternatives to the currently planned docks'configuration and location. Since I now have had more time to study this project,I wish to withdraw two of my previous i suggested alternatives. One was build the docks along the west shore of the pond and the adjacent channel running further south.That was a bad suggestion I made. Those homeowners on the east shoreline on Lakeview do not want to look at 42 docks,boats,lifts,when they now have vegetation blocking their view of Windstar buildings to the west. Nor was my suggestion to change the perpendicular docks to parallel docks a viable option. Those homeowners on the north shore of the creek,including the Land and Yacht Harbor homeowners,do not want I to look at 930 feet of docks,boats and lifts. Commissioners,this project of 42 slips will be exactly one-half as large as all of Naples City docks. That marina has 84 slips. The developer still has plenty of alternatives at his disposal,some of which will give him an even higher profit. He can sell to golfers,tennis and pickle ball players,wildlife enthusiasts or couch potatoes. Or, seriously,build the 42 docks and even more if he wishes by expanding Windstar's existing two-dock structures located east of channel marker 24,well away from any boat traffic. Please walk out on those two pier walkways and observe this alternative location. Haldeman Creek is the only waterway of its kind in Collier County other than those leading to Goodland and Everglades City. This project will destroy the integrity of Haldeman Creek. If the Commissioners have any questions regarding my letter,your packet or my statements this morning,I will try to address them. Thank you. MR.REISCHL: Thank you. The next speaker,two folks on the same slip,Debi Strand and Scan Lux,followed by Melissa DeSavigny. MR.LUX; Okay,good morning. My name's Sean Lux. I'm speaking for myself and Debi Strand. We're both residents at 2736 River View. And we do navigate this area of Haldeman Creek often,as boat owners,and we're very happy that at least one of you went out there on a boat to actually see this area. And on the overhead I'm showing the picture that we've all seen a couple times that shows--Google was nice enough to capture a boat going through the area in question. Now,we also saw an overlay of the docks that protruded back over the top of that boat.At the same time,can you imagine a second boat? Boats have to be able to cross and pass each other within the channel as well. So you have docks on the north side,docks on the south side,two boats,but there's no way that's going to happen. If you're not an engineer,if you're not a surveyor,don't have monetary interest in the project,1 can't understand how it's even a possibility.bottleneck on this channel at the very best. I wouldn't be That's surprised if it completely losed off the channecreate o a the people living back in the Bayshore area. Now,you know that all of the property values,for everyone living back in that area,is completely tied to the use of the waterways,okay. If that gets restricted,everyone's property value goes down. And at the same time,if you look back in the Bayshore area,over here,Lakeview,River View,yes, there is a reason why everyone builds docks parallel to their property,because they are narrow channels, narrow canals. This is also another narrow,shallow canal. It just doesn't make sense. So I really can't understand why this is even open for discussion,seriously. I think they certainly put that 20-foot restriction in the books for a reason. And that's to protect us as property owners,protect the public and keep these safety issues from being a concern. Thank you. MR.REISCI-II..: Thank you. Melissa DeSavigny,followed by Maurice Gutierrez. MS.DeSAVIGNY: Good morning. My name is Melissa and I've lived on a canal on Bayshore for 16 years. I have a four and a five-year old which I constantly take out on a kayak or a paddleboard,and they see all the nature,all the animals and everything. Page 23 of 37 June l9,2014 So like the gentleman said before,this doesn't make any sense whatsoever. The numbers do not add up. Just because it's within the parameters doesn't mean that it could be done.When you are actually in the water and you're actually boating,it's just—I just don't see it. Like they say,we're all going to be to the right, our boats are going to be hitting the other mangroves. It just doesn't make any sense. When were these parameters established?What kind of boats? Maybe it was 20,30 years ago. The gentleman said that the law allows 100--10 boats for 100 feet for something like that That means my 53 wide(sic)lot,I could put five boats in there? Ifs just—five kayaks,maybe,five jet skis,not five boats.So the fact that they can put 93 slips in there,I just don't see what kind of boats they're putting in there. And this is--Iike everybody says here,it just doesn't make any sense whatsoever. We need to look at those parameters and see when were they established,what year,what boat they were thinking about, So that's basically--and like the property values are going to go down because they're based on that. I'm not going to be able to go on my boat in low tide. We're going to have to think about it. We're going to have to stop,let the other person come through,because we're not going to fit. They need to go on low tide. The numbers that they got,I really don't see that as being a factor. So that's my word,thank you. MR.REISCHL: Thank you. Maurice Gutierrez,followed by Michael Heiser. MR.GUTIERREZ: Good morning,Commissioners. Maurice Gutierrez. I've been on the creek for over 30 years. There's a lot of emotions here today,primarily because a lot of us are longtime property owners. I'm on the CRA board and the Bayshore MSTU because I feel that development's important,but development that doesn't impact us negatively is more important. And hopefully we can make that,that input,so that we get the best bang for our buck. After all,there's nothing left to the north,they've got to come in our direction. You know,this is a really colorful piece of property. It's changed with every owner that it's had. And we live on a creek that the state does not even recognize as a navigable waterway. This is a flow way. It does not flush if it does not rain. And all the rains that collect in the basin come out this creek. We're simple people that live there. And if it's a fish and it swims and it smells like a fish,by God, it's a fish. No one's called this a marina. This is a marina. I mean,where else do you get a congregation of 42 boats in a length that is less than all the homes combined in Gulfshore subdivision? We have 150 homes, And look at all the waterfront we have. Now,they've taken this and stacked them like a sardine can for the purpose of sales. This particular piece of property originally was four or five single-family homes. Now it's been combined with a multi-family facet. And through legal processes we are here today. Unfortunately the impact that it presents the owners upstream is one of density,and density's not a very good word. If it is,then everybody can go move next to the Holiday Inn. You know,this is a small waterway,congested to the point of this is going to push it over the edge. A marina doesn't need fuel. A marina needs boats and docks. I recall when Jackson Fish Camp was granted permits for dredging to benefit Jackson Fish Camp. Today ifs called South Point Yacht Club within Windstar. This is the north end of Windstar's marina operations. It will be subsequent to,oh,partnerships and cozy relationships which will allow both residences to interact while impacting everybody on the creek,specifically those on Lakeview Drive.There's been years of discussions and problems and projects that have failed because of the impact. So now we're looking at a development that isn't really Windstar PUD but it kind of is and all of that smells like fish out of water after about a week. I've got to say it because you've got to call it the way it is. It is a marina operation. Marina operations do not belong on narrow waterways that are one of the last waterways available that are natural,that are non-flushing tidal flow only,and that actually the residences have taxed them to improve. Yet now we're going to have to share a 42-foot boats in the air,because if you buy in this development your boat's not going to float,you're going to put a lift. And in the summer everybody goes home. So we're going to have 42 boats up in the air during hurricanes,during storms,during issues that is a safety problem for the creek. Page 24 of 31 June 19,2014 20,24 slips make it not a marina. 42 makes it a marina. You've got to call it what it is. There are no other T-docks on the creek other than the commercial waterfront The commercial waterfront's been there for 50 years. It was created because the state dug this street. The state won't ever maintain this. Because three-foot minimum depth of low tide is what they consider applicable to allow the water to flow,not for boats to navigate.Congestion is only going to add to the impact of the creek and all the residences who live up here. The LDC has said limited number of boats.I imagine they did that for a reason way above my pay grade. But I understand it. I don't agree with it because originally it was five or four single-family home sites. Single-family homes don't have 42 slips in their backyard. But also,look at the picture we haven't been presented here today. Where are 42 vehicles going to park to access their 42 boats? You know,if you own a boat you've got friends,they want to come with you too. So where are they going to park? So now I can only envision some type of clubhouse up against these docks,with noise,with lights, with people,with garbage falling off the boats,with,as it was mentioned on the creek,how are they going to wash them? Where is all that bleach and water going to go?Everybody who owns a boat uses bleach. Sony, it's not economically feasible,but they do it because it works. All of these things are just part of the impact that is going to flow right out that canal and into Naples Bay. Allowing this to go in is setting a very bad precedent. The county doesn't let you build anything on the water as a dock unless you have a structure behind it. So how is it that that extended pier on the far west end that is literally looking at one of the greens on Windstar allowed to have a dock? You can't put a house in that little 10 foot of wetlands area,so bow can you justify that and complicate it with allowing so much dockage? Yes,this is all emotional,because we all have a vested interest here. But more so,it just doesn't fit the neighborhood. If they want a 20-story building there,I'm sure they're going to get zoning that's going to say you can do it. But is it the right fit? I think most of us here are talking and taking time off of work to make the Commissioners understand it's got to fit the neighborhood. Development's good,but a marina on a creek is not a good idea. I am not a marine scientist,nor do I have any data that can prove this will happen or no,it won't, except for the fact I've lived there for 30 some years and I've seen the changes that have occurred. And those changes will ultimately impact us financially,ecologically.But the whole development as a whole is going to impact Gulf Shore subdivision beyond belief.It didn't make it when it was Fisherman's Village because of the access. Yet the relationship between Windstar and this development may have separate pillows but it sure looks like one great big bed. And the impact is going to felt up the creek. I ask that you don't leave us residences up the creek without a paddle and be forced to deal with this for the rest of our lives,because I'm not going to sell my property. Thank you for your time. COMMISSIONER EBERT: I have a question for you,sir. You mentioned the perpendicular docks at the commercial area. I noticed those too. You said they've been there for about 50 years so they're more than grandfathered in? Is this true,they've been there that long?Approximately? MR.GUTIERREZ: I live directly across the creek,the boat yard-- COMMISSIONER EBERT: Yes. MR.GUTIERREZ: In 1976 they were there.And since then I don't believe any has been built,but I know some have been removed. And it's all been right at the corner where the main creek intersects Gulf Shore's entrance. I don't know why they were removed but recently they have been removed. And the rest of the docks in front of the residential homes are not T-docks. As a matter of fact,at the end of the one dead-end street,which is where our canal comes out,right here,I am under the impression that they tried to get a lift and a T-dock installed and they were denied so they put a floating dock where they drive their boat up on that floating dock.Its currently there,it shows in any aerial photograph. But other than the commercial working waterfront there is no T-docks between Bayshore and Naples Page 25 of 37 June 19,2014 Bay. This will set the precedent--imagine Land Yacht Harbor turning around and going wow,hey,why don't we just put 15 T-docks coming out of each one of our three piers in Naples Land Yacht Harbor,because after all,they did it,why can't I? That unfortunately is what 1 fear as a resident. I was raised in Miami as a young man,moved here in the Seventies and stayed here for a reason. I saw all that happen over there,And I will fight and hopefully discourage that from occurring here. Thank you. COMMISSIONER EBERT: Thank you. MR.REISCHL: Next speaker is Michael Heiser,followed by Kevin Sieg. MR.HEISER My name is Mike Heiser. I cut my Achilles tendon,if you're wondering. I've been on the creek for 38 years. My sons both fished on the creek,hunted on the creek,learned to look for arrowheads on the creek and go through the little canals that go back in there where the Calusas used to put their--take their dug-out canoes back in there where you follow those creeks back in.And this is defmitely going to change a lot of that. Nothing's been said at all about hurricanes today,so that's what rm going to address. What you're making here is a killer. All the water from Thomasson Road when we have a hurricane comes down and ends up going into Haldeman Creek. Millions of gallons of water. When Donna went through—we have a duplex over across from K-Mart,and it blew the roof off. And when Donna came through,the only thing showing was the top of the cement blocks. It was nine or 10 foot deep there.And if you put five or 600--four or 500,at least 400 pilings in there,what you're doing 50 foot out is when all this water starts flowing through and all the trees and the trash and all these boats sink and go down between the docks,you're making a dam. And the people on the other side with the 50-foot dock and theirs sink,and they're going to sink,when the Donna hurricane comes through,they're all going to be on the bottom and they're going to be between these pilings. And so now you've got a 50-foot dam on this side,a 50-foot dam on this side,and now you have 25 to 30 foot between them with all these millions of gallons of water that's coming from Lakewood,the Glades, all of that area has to go through this little 20-foot area. And you're going to see a lot of dead people. So that's what you've caused by doing this if you continue this on. What else have I got to say? Put these glasses on so I can see what rm doing. Oh,yeah,there was—I was noticing he was talking about how wide this was. And there seems to being an awful lot of fuzzy math going on today. And that's all I've got to say. MR.REISCHL: Thank you. Next speaker,Kevin Sieg,followed by Joe Bucemi. Kevin Sieg's not here? MR.SlEG: I'm here,but I have nothing to say. MR.REISCHL: Joe Bucemi,followed by Tom Briscoe. You don't want to speak? MR.BUCEMI: No. MR.REISCHL: Okay,Tom Briscoe,followed by Vicki Tracy. MR.BRISCOE: Hi,I'm Tom Briscoe, I live on Shore View. And my only problem with this is is that during low tide it's very hard to navigate out.I had a boat that had a draft of 18 inches. At low tide I would get stuck in the S curve.These people are going in here with a 31-foot dock with a boat B on it. Well,how long is that boat? Boats are measured from the how to the stern. If it's an outboard you have to add the motor to it. So they could be encroaching into the waterway further than what they're talking about. And when you have a 26-foot long boat,same thing happens. So where's the rules and regulations on how long a boat they can put into these slips?And,you know,unfortunately I've seen a lot of sailboats coming in at the wrong tide,they get stuck. They wait for eight hours until they can get enough water to float. So if you get these boats going in and out all times of the day,we're going to have a lot of stuck boats and all the rest of us are going to have to suffer because of it. Thank you. MR.REISCHL: And for the record,to answer Mr.Briscoe's question,the code states that the Page 26 of 37 June 19,2014 measurement is for the boat and dock facility. So it includes the boat. So if there are—and motors. That would have to be to the outermost piling. If it goes beyond that,Ws a code enforcement issue. Final speaker is Vicki Tracy. And I notice it says defer my minutes to Maurice. I don't know if you want to keep with your-- UNIDENTIFIED MEMBER OF THE AUDIENCE: She had to go. • MR.REISCHL: Oh,she had to go. Okay,that's why it says defer. Thank you. That was the final registered speaker. VICE-CHAIR HOMIAK: No more speakers? COMMISSIONER EBERT: I have some questions for Tim. VICE-CHAIR HOMIAK: Oh,for Tim? COM1vIISSIONER EBERT: Tim,I have some questions for you. MR.HALL: I thought you might. COMMISSIONER EBERT: This four-foot dredge that you plan on doing as a maintenance dredge, is that from mean high tide or mean low? MR.HALL: The-4 is to mean low,water. COMMISSIONER EBERT: To mean low water. MR.HALL: So at normal low tide it would be four feet deep. At--I'm sorry,normal low tide it will be four feet deep. At extreme low tides,like what you see in the photos,it will be shallower than four feet. COMMISSIONER CHRZANOWSKI: Do you have numbers for that,elevation numbers? Just rough idea. Like elevation two,elevation three. MR.HALL: The mean low is-.5 NGVD. High is 1.5,positive 1.5. So there's about a two-foot tide swing according to the DEP-- COMMISSIONER CHRZANOWSKI: Between mean low and-- MR.HALL: Mean high. COMMISSIONER CHRZANOWSKL --mean high. How about low low tide? MR.HALL: Low low goes probably almost another foot and a quarter lower. COMMISSIONER CHRZANOWSKI: And you're still dealing with NGVD? MR.HALL: Yes,sir. COMMISSIONER CHRZANOWSKI: Good. COMMISSIONER EBERT: Okay,I'm not like Stan,not an engineer,or like you. But you're saying that you're going to dredge four feet from low tide;is that correct? MR.HALL: The depth measured— COMMISSIONER EBERT: The depth. MR.HALL: The four-foot depth is from the average low tide. COMMISSIONER EBERT: Low tide. So you're digging up---and yet you're measuring everything from mean high water tide. The measurement across the canal and everything? MR.HALL: That's what the county code says we have to do. COMMISSIONER EBERT: Yeah,I know,but it just-- MR.HALL: III reference it to mean high tide,I'll be six feet deep at high tide. COMMISSIONER EBERT: Okay. The property line on the south side,many people have asked this: I know you tell me that because he owns the property on the north side which is going to be off limits anyway,that he owns everything underneath. Why—if the property line on the south side stops,why does he get to go into Windstar property? MR.HALL: He's not, The docks are over property that he owns. COMMISSIONER EBERT: So what you're telling everyone then is he owns—he owns that property where Windstar's golf course is? MR.HALL: No,ma'am,not where the golf course is but along the shoreline. This red line right here is his property line. Page 27 of 37 June 19,2014 COMNIISSIONER EBERT: Okay. So his property line on submerged lands is what you're saying. MR.HALL: Well,its not--he owns some submerged lands. But the property line itself is landward of mean high water in places along here as well. So it's not all submerged. COMMISSIONER EBERT: Okay,so that's why you originally canoe out with that dock at that one point there where you brought it-- MR.HALL: Well,I came out with that dock because of this photo. This area right here is shallow and we had the docks originally outside of--or along the outside edge of this shoal to minimize the dredging. But when--we've closed it now. Where our docks are located is dry land in this photo. That's what I'm trying to say,we're not affecting this waterway width, Our docks are going to be-- these mangroves,the edge of these mangroves will be trimmed,the docks will be up against the roots and the boats will actually be sitting here on what's dry land in this photo. COMMISSIONER EBERT: Is this going to be a hard dock or floating dock? MR.HALL: They have to be fixed docks because they don't have the water depths for floating. COMMISSIONER EBERT: Okay,so you cannot put in floating docks. I was wondering on that. I noticed they said they were going to have a kayak launch and storage,you mentioned? MR.HALL: Yes,ma'am. COMMISSIONER EBERT: Can you tell us about that? MR.HALL: Well,I mean,it's— COMMISSIONER EBERT: I mean,besides these 42 slips they're also going to be able to do kayak, I understand. Stan,you can get out there and kayak. MR.HALL: They kayak storage is all upland. Its part of the upland development.They will just have a place at the--the reason that I wanted to leave this walkway eight feet wide,the kayaks will be stored up here on the upland,but the access to put them in the water will be right here off of this walkway. And it's nothing fancy,its just a place where they can drop them over the edge of the dock and get in and out of them, COMMISSIONER EBERT: Okay. The developer did tell me yesterday that--and I should probably talk with him,whoever is representing the developer,that he has a site plan that he is willing to show today? MR.HALL: Pve got a copy here. MR.COOK: Good morning. Charles Cook,I'm representing Standard Pacific Homes. The color rendering that we have on the overhead is the current site plan for the Haldeman's Landing SDP that's currently being reviewed by Collier County. So that consists of 16 buildings representing 64 home sites.They're carriage homes. COMIVIISSIONER EBERT: They're carriage homes. Okay,and I think you told me your main entrance is going to be through Windstar;is that correct? MR COOK: Yes,ma'am. The property's been annexed into the Windstar homeowners association, so we'll be paying homeowner association dues through Windstar. The road--that's Haldeman Creek Drive which currently is a cul-de-sac within Windstar. We'll be extending that into the property as the primary means of ingress and egress,into the Haldeman Creek-- Haldeman Landing property. There will be a secondary instance,as you can see on the far right-hand side that will tie into Lakeview Drive. COMMISSIONER EBERT: Okay. And the Lakeview Drive,that's going to be the construction entrance? MR.COOK: Yes,ma'am. COMMISSIONER EBERT: And I think you also told me this is like a gated community within a gated community. MR.COOK: There will be a gate on both ends. On the back side where Lakeview ties in,you can see the roundabout there on the far right-hand side in this area. There will also be a secondary gate in that area,thereby establishing a controlled access into the community itself. So,for example,Windstar residents will not be able to egress or Ieave the property through Page 28 of 37 June 19,2014 Lakeview. Ifs intended only for the residents of Haldeman's Landing. COMMISSIONER EBERT: Okay. Are you willing wards m some compromises ifs Sandpiper or something,I and do these elsewhere where people are mentioning, heard somebody say,where ifs really not on Haldeman Creek? MR.COOK: We don't own or control those properties at all,so I couldn't at all make a commitment to build something on property that we're not involved with,no,ma'am. COMMISSIONER EBERT: Well,you were annexed in. Just a question. Will boat lifts be optional? MR.COOK: Yes,ma'am. COMMISSIONER EBERT: So Tim,do you think most people will have boat lifts? Do they on this creek? MR.HALL: There are a lot of boat lifts on the creek,but ifs going to be up to the residences and, you know,whether they're seasonal or full-time,you know,how often they use their boat It's really a user choice. COMMISSIONER EBERT: And I think you told me when I asked you that if you had to put these in there parallel that you could get 29 in? MR.HALL: I think that's the number that we put,yes,ma'am. COMMISSIONER EBERT: A question on the docks again. When I heard Fred say that if the stem sticks out a little bit with the motors and stuff this would then be a code enforcement violation,what size boats can you put in these slips? MR.HALL: Generally if you're talking about a 30-foot slip,which is the biggest slip,then it's a 30-foot length overall,LOA.So if you've got a bow pulpit on the front which is a couple of feet and outboard motors on the back which is another couple of feet,then you're talking about a 26-foot boat with the appurtenances. COMMISSIONER EBERT: For the 30-foot slip. MR.HALL: For a 30-foot slip. you know,that's the-- But that's very dependent on the boat and how it's tricked out. But,y COMMISSIONER EBERT: Does everybody know that when they buy a boat that it fits in these boat docks? MR.HALL: Ifs part of the sales documents. A lot of times what the developers will do is they'll provide them with an exhibit of the slip and the box,and it will have a width and a length and a requirement that your vessel has to fit within this box or you will not be compliant with our permits in the county code. COMMISSIONER EBERT: How wide are these?What are you allowing for width on the 30-foot and the 25-foot slip? MR.HALL: I believe the perpendicular slips we allow 11 and a half to 12 feet. And when you put in pilings for those center pilings,you can't always be exact,so ifs going to vary between that 11 and a half to 12 feet. And we have a 12-foot allowance for the BDE in terms of the paralleled moored slips and how far out from the dock they could be. COMMISSIONER EBERT: Okay. Is there going to be a clubhouse here towards the-- MR.COOK: On the uplands site plan,let me point to it for you,in the area right there,there will be a community clubhouse,pool and cabana for the residents of Haldeman's Landing. COMMISSIONER EBERT: What about parking? MR.COOK: There's adequate parking there.That was addressed during the SDP process. COMMISSIONER EBERT: I was just thinking of the boat docks too. Because even if you live back here you're going to drive up,you know,with the car. That's all I have for right now. Thank you.. VICE-CHAIR HOMIAK: Do you have anything? COMMISSIONER DOYLE: Yes,the community concern is always a big part of this. And it seems that most of what we've heard is the integrity of what they have there now as far as what's going on. Pm still hoping I man,there's thoughtI heard half boat dock,know,f the boat slips. Is that How ven feasible you willing to put there? I mean, thought 29 of 37 June 19,2014 for you guys? MR.COOK: Commissioner,I don't believe so. We've made adjustments to our design.We're well under what we could technically apply for. We've tried to observe the navigability issues,we've surveyed the bottom to verify where the bottom is. We've expanded our dredging that we're proposing to do. [believe at this point in time the developer has made a number of concessions trying to address these concerns and those we've heard from the public. So no,sir,I don't believe we're prepared to do any further adjustments at this point. COMMISSIONER DOYLE: Thank you. MR.HALL: If I could,I mean,a lot of the comments were how this project is not consistent with the rest of the neighborhood.But the rest of the neighborhood is all single-family residences. This is a multi-family residence which is treated differently under the county code and has different allowances. And if you look at the other multi-family residences that are in the area,this is not inconsistent with those. And I'll show you--I showed you the facility earlier on the other side of the bridge which has the perpendicular docks,okay. That's about a 750 to 800-foot long run of docks. The other multi-family facility down here nuns along the creek and they also have a dock that runs the entire length of their shoreline.It's parallel mooring because of the narrowness of the creek there. It's not perpendicular,but it is in keeping with this one in that it does run along the entire length of their shoreline, and in front of mangroves which are,you know,outside of their residences. So in terms of consistency with other Like types of projects,you know,I believe that this one is consistent. COMMISSIONER EBERT: Tim,I--I have something that has width of waterways that was in our packet from you. And it shows—just says width of waterways. And it shows 84 feet and 99 feet. What is-- MR.HALL: That's the width left in the area at those points after the construction of the docks. However,this 84 feet is now going to be about 92 or 93 feet because this was based on the old dock plan that was pushed out a little further. So that 84 feet actually becomes more. And we were doing this to show that in terms of constriction,you know,of the waterway,if you look further downstream--and I heard a couple people say that they have problems at the S curve and all,and I believe that's this area down here,that's how they refer to that—that the widths down there are similar or less than what is being--than what's being proposed. And again,these are from shoreline to shoreline,not necessarily the marked channel portion. If you look at where the navigation markers are--I heard one of the gentlemen say that this isn't recognized as a navigable channel,but there are navigation markers in it. And the width between those navigation markers in a lot of places is 50 feet,you know,between 50 and 60 feet So the channel is already marked and defined as constricted.And Stan,maybe you know,I think you've canoed this area,but the-- COMMISSIONER CHRZANOWSKI: No,Rock Creek Pve done. I've never done this one. It's too hard to get to. MR.HALL: The waterway that's being left after this facility is designed is sufficient in our opinion and in the Army Corps of Engineers'opinion and in the State of Florida's opinion as sufficient for the navigation that occurs through there. COMMISSIONER CHRZANOWSKI: Ls there a definition of navigable waterway? I always thought it was anything you could get a kayak in. MR.HALL: Anything you can get a canoe through,that's correct. That's the federal definition. We did this exhibit showing the four-foot because of the concerns at the public meeting and them saying that this was the depth that they needed. So we had a survey done of the creek over and above what's require by the county processes to try to fmd out where that water depth was. And,you know,based on the information from a professional licensed surveyor with the docks,that -4 contour line is 73,69,52 and starts getting narrower as you get west on the waterway. And where these docks are,this line is now going to be pulled back to where the dock is. So it will be wider here after the construction than it is right now. COMMISSIONER EBERT: So you're right,navigable—I remember that from The Dunes. I think that's kind of--I could not believe that if you can get a kayak--the only problem is I don't think most of Page 30 of 37 June 19,2014 these people living here have--that they travel up and down via their kayak. I think what-- MR.HALL: It was based on--a history lesson. It was based on commerce clauses. And anything ' that could transport sellable goods through a waterway made it navigable. So people,furriers and-- COMMISSIONER EBERT: You're going back really to the days of the Indians. COMMISSIONER CHRZANOWSKI: Square grouper. COMMISSIONER EI3ERT: That's all I have right now. VICE-CHAIR HOMIAK: There entiony one you can't damage the mangrove damage to ;1 the mangroves,but that's why you're going out further,because MR.HALL: We're not removing any mangroves. There will be trimming. Because along a lot of that waterway where the roots of the mangroves are and where the outside edge of the mangroves,they grow out to light,so they grow out towards the water. So some of them will be trimmed up in order to push the docks in closer to the shore. But that is a trimming operation,it's permitted under the DEP permit,and it's not removal. There will be trimming. VICE-CHAIR HOMIAK: Right,I read the permit. And there's also restrictions on washing. MR.HALL: Yes,in the permit there are. VICE-CHAIR HOMIAK: And then there was questions about lighting. What kind of lighting would be— MR.HALL: For safety sake we'll have lights on the docks so that people traveling the waterway can see them. But they will be directional low Ievel lights. They're not going to be shining into anybody's,you know,bedroom windows or anything like that. They'll be directed--either directed down at the water or directed water wayward so that people traveling the waterway could see them if they're coming in or out at night. VICE-CHAIR HOMIAK: Okay. Okay,is there any other questions from anybody or— (No response.) VICE-CHAIR HOMIAK: No? Okay,do you have anything you want to add or-- MR,HALL: Well,I mean,just that,you know,I mean,1 think you've heard a lot of testimony here today. I think that the application that we gave you adequately addresses the criteria that are required to be addressed as part of this application. Our information is based on professional engineers,licensed surveyors,and we have the backup for that in support of the application.So I think we've shown that we meet the criteria,staff has agreed with us, and we hope that you guys agree with them. COMMISSIONER EBERT: Tim,one other quick—two quick questions. This is about 1,000 feet,this dock,if you go from one end to the other? MR.HALL: Yes,ma'am. It's 968,I believe. COMIVIISSIONER EBERT: Well,I did get kind of a kick out there when you said we could have, what did you say,937 properties where the plan MR.HALL: The Manatee Protection Plan allows 93. There are a lot of prope p allows more than you could ever reasonably fit. And I was not saying that it was ever our intent to do 93,I said that our--the code allows 93. The limitation associated with the units,as you all know,a single-family residence could have two slips per unit. Multi-family,it's reduced to one. So under that,64 could potentially be allowed. Because of the restrictions which we have tried to work within,42 is what we're proposing. So we're under all of the allowances that are-- property y ut these 93. i COMMISSIONER EBERT: I don't know on whose you were going to put you'd have to continue down a little ways. MR.HALL: And like I said,as far as I know it was never our intent to do 93,even if we could fit them. Because there's only 64,we couldn't do 93 anyway. COMMISSIONER EBERT: Off the property,code-wise. Okay,thank you. VICE-CHAIR HOMIAK: Okay,that's it then. Page 31 of 37 June 19,2014 COMMISSIONER CHRZANOWSKI: Ready for a motion? VICE-CHAIR HOMIAK: Yep. COMMISSIONER CHRZANOWSKI: I move to approve boat dock extension PL2013000— COMMISSIONER EBERT: Wait,there is a problem here. We have to close the meeting and see if there's any comments from us first? COMMISSIONER CHRZANOWSKI: Okay. VICE-CHAIR HOMIAK: Close the public hearing. COMMISSIONER EBERT: Close the public hearing? MS.ASHTON-CICKO: Sure,you can close the public hearing and ask for comments. COMMISSIONER EBERT: And then ask--yeah,you want to close the public hearing? VICE-CHAIR HOMIAK: Yeah,I just did. COMMISSIONER EBERT: Okay,closing public--I cannot support this. I've been--I have been out there. I see the pictures,it is so narrow. There are way too many docks for this area. I was hoping that we could do a little bit of a compromise. I cannot even see where he will be able to sell these 42. As far as perpendicular,yes,when you ask for an extension you can do so. I don't see any in the canal. As we went up and down the canal,there were no docks really in this tidal canal anyway going from one place down to the Naples Bay to,what,Sandpiper,is that where the bay starts? There were not any docks. The docks that I pretty much saw were in the forgers of this. So I cannot support this at all. I just feel its the safety,it's low tide. I understand that Mr.Wilson was nice enough to look at the original dredge back in 2007,saying it was supposed to be 40 feet wide.But, you know,silt gets in there,things change. I would really love to see something that's--and you can get two or three different engineers and get many different water depths and widths. So I cannot support this. COMMISSIONER CHRZANOWSKI: Can I ask a question,Heidi? MS.ASHTON-CICKO: Yeah. COMMISSIONER CHRZANOWSKI: There's four of us here and there has to be a unanimous vote. I don't think we're going to see a unanimous vote,so what do we do? VICE-CHAIR HOMIAK: It doesn't have to be a unanimous vote. MS.ASHTON-CICKO: It doesn't have to be a unanimous vote. COMMISSIONER CHRZANOWSKI: So if we--if somebody makes a motion for approval,we're going to get so many for and so many against,and if someone makes a motion for denial we'll get so many for and so many against. So is that how it ends up,whoever makes the first motion? MS.ASHTON-CICKO: Well,you had already started to make the motion,so I think once everyone finishes speaking,then I think you were in the middle of making a motion. COMMISSIONER CHRZANOWSKI: Okay. VICE-CHAIR HOMIAK: Do you have any-- COMMISSIONER DOYLE: No,my comments is I'm against this as well as it stands. COMMISSIONER CH.RZANOWSKI: Well,then maybe Diane can make the motion. MS.ASHTON-CICKO: Have you had a chance to look through the criteria and which ones that you believe it doesn't meet? Could you state that for the record? MR.REISCHL: Should there be a motion on the floor first? MS.ASHTON-CICKO: Well,there is. He started a motion. I don't know that he's— COMMISSIONER CHRZANOWSKI: Okay,I'll finish it. I make a motion we approve boat dock extension PL20130001765,HaIdeman's Landing boat docks. And I guess the companion to the ST item would be a separate motion. MS.ASHTON-CICKO: Yes. COMMISSIONER CHRZANOWSKI: So that's my motion, THE COURT: So that's with the conditions-- COMMISSIONER CHRZANOWSKI: With all the conditions— COMMISSIONER CHRZANOWSKI: Corrected conditions as per the staff report. Page 32 of 37 June 19,2014 VICE-CHAIR HOMIAK: The conditions in the first-- COMMISSIONER CHRZANOWSKI: Right,the corrected conditions-- VICE-CHAIR HOMIAK: Corrected conditions-- COMMISSIONER CHRZANOWSKI: --from the staff report. VICE-CHAIR HOMIAK: And that it would be a 25-foot— COMMISSIONER CHRZANOWSKI: Right. VICE-CHAIR HOMIAK.: extension? Okay. 1 guess I'll second the motion. All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. VICE-CHAIR HOMIAK: Aye. All those opposed? COMMISSIONER EBERT: Aye. COMMISSIONERDOYLE: Aye. VICE-CHAIR HOMIAK: So there you go. MS.ASHTON-CICKO: What was it? Is it 2-2? VICE-CHAIR HOMIAK: Two-to-two. COMMISSIONER EBERT: Two-to-two, COMMISSIONER CHRZANOWSKI: Two-to-two. MR.REISCHL: So it fails. COMIVIISSIONER EBERT: So it fails? So it—okay. But this--Heidi,I'm going to ask you,this now goes to the Board of Commissioners? MR.REISCHL: No,you are the-- VICE-CHAIR HOMIAK: No. MR.REISCHL: --deciding body in this. COMMISSIONER EBERT: So it fails. MR.REISCHL: Correct. (Applause.) MR.BELLOWS: For the record,the ST permit would still go to the Board of County Commissioners and you still need to vote on that. And there's a possibility of an appeal of the decision of the Planning Commission. VICE-CHAIR HOMIAK: Okay. So we would still do the--vote on the permit. And you just made that motion. COMMISSIONER CHRZANOW SKI: Want me too make a motion on the ST? Well go through the same drill? VICE-CHAIR HOMIAK: Eli-huh. approve ST PL201400000896, COMMISSIONER CHRZANOWSKI: Okay. I move we app Haldeman's Landing boat docks. MR.REISCHL: With the limitation or with the four-- V ICE-CHAIR HOMIAK: Accesses. MR.REISCHL: --or five access? Or three? VICE-CHAIR HOMIAK: With the four accesses-- MR.REISCHL: We discussed the possibility of-- COMMISSIONER CHRZANOWSKI: With the four accesses. THE COURT REPORTER: Okay,I have a lot of people talking at the same time. COMMISSIONER CHRZANOWSKI: Four accesses. VICE-CHAIR HOMIAK: Okay,HI second it. All those in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. VICE-CHAIR HOMIAK: Aye. Opposed? Page 33 of 37 June 19,2014 COMMISSIONER EBERT: Aye. COMMISSIONER DOYLE: Aye. COMMISSIONER CHRZANOWSKT: Two-to-two. COMMISSIONER EBERT: Ifs only a recommendation,correct? MR.BELLOWS: Correct. VICE-CHAIR HOMIAK: Yes. We also have to vote on it as the EAC on the special treatment permit? MS.ASI-ITON-CICKO: Just one second. While Pm looking through this to provide you an answer,could you look at your list of primary and secondary criteria so you can articulate on the prior item which ones it fails,for the record? VICE-CHAIR HOMIAK: Those that voted against it need to— COMMISSIONER EBERT: Yes. VICE-CHAIR HOMIAK: You need to state which criteria that it doesn't meet,or they don't meet. COMMISSIONER EBERT: Mine is mainly health,safety and welfare. I mean,this just does not even make sense to me,to be honest with you. Criteria. There was a gentleman here and he spoke,but he has left. In low tide his boat actually is sitting in the muck. So when they were saying that yeah,we have to dredge,that means almost everybody here is going to have to dredge for low tide. And to me it just--no. Besides,we don't need--we don't need a Naples Pier along here. It's—Heidi,I'm sorry,I just-- COMMISSIONER CHRZANOWSKI: Are you saying that they actually have to list which criteria this doesn't meet in their opinion? UNIDENTIFIED MEMBER OF THE AUDIENCE: No. MS.ASHTON-CICKO: Yes. COMMISSIONER CHRZANOWSKI: Okay. MS.ASHTON-CICKO: And the answer on the Environmental Advisory Council is that yes,you're sitting as both the CCPC and the EAC and the CRA. So if there's anything you want to add related to the EAC on the ST permit,you can add it or it can be included in what you previously-- VICE-CHAIR HOMIAK: There's not another vote that we need to— MS.ASHTON-CICKO: No,you're just— VICE-CHAIR HOMIAK: Leave it the way it is? Okay. COMMISSIONER ROSEN: If this subject is done,I'll take my seat. VICE-CHAIR HOMIAK: I think they're still--we voted,so-- COMMISSIONER EBERT: Well,for one thing,some things changed when we came to this meeting. For one thing,it was the 52 feet.The mangroves can be trimmed? I just don't—the proposed maintenance dredge. To me this is not a proposed maintenance dredge,even though--and Tun's probably right,he's just going to take it and go down. I just won't--I will not support this. MS.ASHTON-CICKO: How about if we go through the primary criteria and you can let us know whether you felt that it met that or not?That might help assist in determining which ones. COMMISSIONER EBERT: On the primary? MS.ASHTON-CICKO: Well go through primary and secondary and then-- MR BELLOWS: Madam Chairman? VICE-CHAIR HOMIAK: Yes. MR.REISCHL: Did you want us to read it or-- MS.ASHTON-CICKO: Yeah,why don't you read it and then they can each let you know whether it was met or not met. MR REISCHL: Okay. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length,location,upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands where vessels are the primary means of transportation to and from the property. The number should be appropriate. Typical single-family use should be no more than two slips. Typical multi-family use should be one slip per dwelling unit. And in the Page 34 of 37 June 1.9,2014 case of unbridged barrier islands,additional slips may be appropriate. COMMISSIONER EBERT: No,it does not meet that for me. MR.REISCHL: Criterion one. COMIVIISSIONER EBERT: One. COMMISSIONER DOYLE: Met. MR.REISCHL: Pm sorry? COMMISSIONER DOYLE: It seems to be met. MR.REISCHL: Okay. COMMISSIONER EBERT: Well,that's what staff is saying. COMMISSIONER DOYLE: Right,according to-- MR.BELLOWS: Then you compare with that assessment. MS.ASHTON-CICKO: Yeah,you look at staffs assessment and what you heard from the public as evidence. is COMMISSIONER EI3ERT: Whether the number of boat dock facilities or boat slips proposed appropriate in relation to the waterfront length? No,I do not agree with that. MR.BELLOWS: Mr.Doyle,do you--since you were voting in opposition to the motion,are you concurring with that? COMMISSIONER DOYLE: With staffs criterion being met,I do concur with that. Do I have to-- MS.ASHTON-CICKO: That's sufficient,let's go to the next one. MR.REISCHL: Whether the water depth at the proposed site is so shallow that a vessel of the general length,type and draft as that described lathe petitioner's application is unable to launch or moor at mean low tide. The petitioners application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel described without an extension. COMMISSIONER EBERT: Without an extension.And they cannot do that without an extension,so to me it's not met. I had question marks there anyway. COMMISSIONER DOYLE: And according to the petitioner's application,it would be met. So I'll have to concur with staffs recommendation on that. MR.REISCHL: Whether the proposed dock facility may have an adverse imp act on navigation g within an adjacent marked or chartered navigable channel. The facility should not intrude into any marked or charted navigable channel,thus impeding vessel traffic in the channel. COMAVIISSIONER EBERT: No,it does not meet that criteria to me. COMMISSIONER DOYLE: I don't believe it meets that criteria either. MR.REISCIIL: Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. The facilities should maintain the required percentages. COMMISSIONER EBERT: Well,I can say I was expecting drawings of all docks that were approved. They did not bring them in. We had one of the people bring it in. And I really don't know whether it is 50 percent of the channel that will be open. COMIVIISSIONER DOYLE: And it seems that that criteria will be met and maintained as far as I see. MR.REISCI L: Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. The facilities should not interfere with the use of legally permitted neighboring docks. COMMISSIONER EBERT: Well,the other docks aren't there yet,so I really expected Tim to bring both of this to show. And I had asked that they bring this,because I think it's important to see. COMMISSIONER DOYLE: And I don't believe that criteria will be met,or has been shown to be met. MR.REISCHL: Whether there are special conditions not involving water depth related to the dimensions and location of the proposed dock subject property or waterway el justify e a facility. There must be at least condition related to the property.These may include type of drawing,type of shoreline reinforcement,shoreline configuration,mangrove growth or seagrass beds. Page 35 of 37 June 19,2014 COMMISSIONER DOYLE: I believe that will be met. MR.REISCHL: Commissioner Ebert,do you-- COMMISSIONER EBERT: Well,there is mangroves there. I suppose that will be met.It's just that the state's regulating them and it makes a difference if the county's not in there on this also. MR.REISCHL: Whether the proposed dock facility would allow reasonable safe access to the vessel for loading,unloading and routine maintenance without the use of excessive deck area not directly related to these functions.The facilities should not use excessive deck area. COMMISSIONER EBERT: I think they cut down the deck area some which does help. COMMISSIONER DOYLE: It seems like the criteria can be met. MR.REISCHL: For single--it's not single-family. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners,the facility should not have a major impact on the view of neighboring property owners. COMMISSIONER EBERT; That's the opinion of the developer. If they put--if you're looking down at the water,that's one thing.If you're looking across the shore and these boat docks haves lifts on it, that's a completely different thing. COMMISSIONER DOYLE: And I'd have to agree. Depending upon what you feel that the view is, I would have to say that's not going to be met. MR.REISCHL: Whether seagrass beds will be impacted by the proposed dock facility. If seagrass beds are present,compliance with subsection blah of the LDC must be demonstrated. COMMISSIONER EBERT: That is met. I believe Tim said they went out and they checked for seagrasses;is that correct,Tim? MR.HALL: Yes,ma'am. COMMISSIONER EBERT: Thank you. COMMISSIONER DOYLE: And it seems that criteria has been met. MR.REISCHL: And the last one,whether the proposed dock facility is subject to the manatee protection requirements of subsection of the code. If applicable,compliance must be demonstrated. COMMISSIONER EBERT: Well,as far as manatee protection,ifs in the,what,moderate at this point? So at that point it does. MR.REISCHL: Moderate range, COMMISSIONER DOYLE: And it seems that that will be met as well. MR.REISCHL: Thank you. COMMISSIONER EBERT: Does that satisfy you,Heidi? MS.ASHTON CICKO: Yes,it does. Thank you. COMMISSIONER EBERT: Thank you, VICE-CHAIR HOMIAK: Okay. So that's it.Do we have any old business? (No response.) VICE-CHAIR HOMIAK: New business? (No response.) COMMISSIONER ROSEN: I'm exhausted.Motion to adjourn. COMMISSIONER CHRZANOWSKI: Second. VICE-CHAIR HOMIAK: All those in favor? COMMISSIONER DOYLE: Aye. COMMISSIONER EBERT: Aye. COMMISSIONER ROSEN: Aye. COMMISSIONER CHRZANOWSKI: Aye. VICE-CHAIR HOMIAK: Aye. COMMISSIONER HOMIAK: Aye. MS.ASHTON-CICKO: Did you mention when the next meeting is? VICE-CHAIR HOMIAK: At the beginning of the meeting. MS.ASHTON-CICKO: You did. July 17th,thank you. Page 36 of 37 June 19,2014 ****************** i There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 12:10 p.m. COLLIER COUNTY PLANNING COMMISSION 4,,, 1-07/bed2- KAREN HO_21 Vice-Chairman These minutes approved by the board on -!l i 7/.94'/tfas presented , or as corrected I . Transcript prepared on behalf of Gregory Reporting Service,Inc., by Cherie'R.Nottingham. Page 37 of 37 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA/STAFF REPORT JUNE 19, 2014 t w 4i Regatta Landing at Windstar is a new gated coach home community featuring a maintenance free lifestyle for enjoying all that Southwest Florida's Paradise Coast has to offer, Located within the 320-acre Windstar on Naples Bay master-planned community, Regatta Landing will offer 3 bedroom and 3 bedroom plus loft designs, all with two-car garages, and with boat dockage available for sale, direct ocean access is mere minutes away. This upscale neighborhood is the perfect close-to-town location that provides convenient access to a variety of shopping and dining, Southwest Florida's boating and outdoor amenities. The Community: • Private gated enclave of only 64 upscale coach homes • Separate boat dockage available for sale offering direct ocean access • Community pool • Golf and social memberships available at The Windstar Golf Club • Prime location close to downtown Naples, a unique variety of shopping, dining and entertainment venues, pristine Southwest Florida beaches and parks, and easy access to points north and east via 1-75 The Homes: • Innovative coach homes, all with two car garages • 3 bedroom designs, some with loft/optional 4th bedroom • Exceptional level of luxurious standard features • Unique selection of design options like home offices, media rooms, wet bars, master bedroom sitting areas and additional garage spaces for golf carts and other hobbies Boat Dock REALTOR Report \ =C-47.;:i a ` General Information ML#213508929 u � `[G VAS} x -. z Price: #139,000 MILS*: 213508929 Status: Active(10/30/13) - ?` Address: 1777 GULFSTAR DR S Property Cies:Boat Dock .,�r-' "., . NAPLES,FL 34112 '� `'• � GEO Area: NA08-Royal Harbor-Windstar0rea 262 �T �. r County: Collier DOM: Property ID: 74423501044 CDOM: 262 '4;r-xi�. Legal Unit 27 Sec/Town/Rng:23/50/25 '•.$''-` 7i Lot: 27 Block/Bldg: -l, M' I Virtual Tour UL•RLegal Desc: SOUTHPOINTE AT WINDSTAR MARINA LOT 27 Listing Broker: Downing Frye Realty Inc. eazia MLF 213508929 Detailed Property Information need Property Information: bridges via Gordon's Pass makes Winndstar Manna the most desirable i place 18.94 Ft. dock your boat water al deeded Naples onmentties included with slips no Community pool and spa,private clubhouse,gated community with security guard,pump out station and Harbor marina,t r offers credibblle amenities-Tom Fazio designed championship golf course,clubhouse located directly on Naples Bay,72 slip deep water fitness center,Keewaydin Island Beach Club with boat shuttle and private membership. Deeded Slip Construction: Fixed Wood Ownership: Year Built Slip Number. 27 Years Remaining on Lease: Slips Lease:Marina: No Marina Name: SouthpOinte at Windstar Marina Transfer fer Tax: No Slip Covered: No SranTfer Tax: Maximum Beam: 18 Maximum mum Wet Maximum Approx.Water Depth MLT: 6 Maximum LOA: 55 Lift Capacity: Maximum Draft: 6 Lift Type: Not Allowed Approx.Miles to Gulf: 3.00 Approx.Minutes to Gulf:10 Amenities: ML#213508929 Financial/Transaction Information Total Tax Bill: S3 Tax Year. 2013 Tax Des= No Homestead Approval: Application Fee,Buyer Boat Dock REALTOR Report MLS 2135/0593 t _ +,e +-�-, General Information Active(11/23(1>) List price: 2335,0 5 Status; -9 sC- 233510598 Boat Dock �` Property Class: x Address: 1777 GULFSTAR DR S i '- NAPS-,FL 34112 NA08-Royal Harbo<_yxryry�idstar Area 249 Gou Area: DOM: County: Collier COON: 249 - � r-- .:. Legal UV ID: 0� � Sec/Town/Rng:23/50/25 Legal Urr➢t: 0 Blode./Bldg: Virtual Tour URL: .'�-'5 - .� Legal Dese: SOUTHPOINTE AT WINOSTAR MARINA LOT 24 Listing Broker: ?-I tare tnc MO 213510598 Detailed Property Information Property rivals golf course memberships as well.There Is no Winds Wr Residency required to own a slip at Southpotnte Marina. SHOWERS.Right off R DOCK IN and only E PREMI to the Gulf ITI no bridges.Marina Y T a MARINA NA PO ice ND SPA a Lump out station. Information: 45 FOOT,DEEP WATER DOCK IN ONE OF THE PREMIER COMMUNITIES IN NAPLES.ENJOY THE MARINA POOL AND 5PA WITH CLUB MO meet Your re4ui�^eitts. Dimensions is and and s offers private please verify for accuracy and to ensure they Fixed Wood p'eededio li and depths are approximate Construction: Deeded Slip Year Built 1994 Ownership: 24 2 Year's Remaining on Lease: Slip Number: No Marina Name: SOUTttPOINTE AT WINOSTAR MARINA Slips in Marina: No Slip Covered: No Land feast: Maximum Beam: 18 5 Transfer Type:: Wet Maximum Approx.Water Depth FACT: Mix TYPO 45 Lift Maximum : Maximum Otz 6 Lift Ca.Miles to Gulf: 2.00 Lift imam Orate Not Allowed Lift Typo: Approx.Minutes to Gulf:10 NIL*213510598 Amenities: RnaneiallTrInformation ioInformation Total Tax BIB: S3 Tax Year 2013 Tax Desc: County Only Approval: Buyer Terms: Buyer Finance/Gish,Exdrange March 21,2013 Mr.Donald Krog 4029 Lighthouse Lane Naples,Fl 34112 RE: Haldeman's Landing Annexation Proposal Dear Mr. Krog, Thank you for attending our Annual.Meeting and for taking the time to actively participate in this important decision for Windstar.la l share the desire to preserve and enhance feel ur lifestyle and property Naples Bay is a real gem,and values. In your letter of March 15,which is posted on our website,you request that answers to your questions be made in writing and state that town halt meetings are not sufficient.Your concerns are appreciated, but the Board has wanted to develop a plan that they found acceptable before sharing preliminary details with the community.Now that we are close to being ready with a proposal that we feel warrants the consideration of residents,much more detail about the project will be distributed. In this letter I will attempt to address the specific concerns contained in your letter.Separately,we will provide written answers to the questions raised at our March 18 Annual Meeting.As requested,we will share this information with all of the community. At our Annual Meeting,I stated that the Board believes that the property in question will be developed in the relatively near future and that the basic question is:"Should this property be developed as part of Windstar,or not?"I outlined what the Board sees as the positives of the annexation proposal as well as some of the concerns,and concluded that the Board felt the positives were strong enough to warrant presenting the matter to the Unit Owners for their decision--a copy of the slides used in my presentation is attached and also available on our website. Following the format of your March 15 open letter to Windstar homeowners,I assure you that the process we are following is nothing like that followed in the Antaramian Fisherman's Village proposal. First of all,our governing documents have been amended so that approval of any property annexation clearly requires the approval of two-thirds of eligible unit owners—no more delegate system.And secondly,the Board is committed to the principle that what you vote on, if approved, is what you will get--so the contract will be very specific about what can be built,where it can be built,what it will look like,as well as other matters, 1. FINANCIAL ARRANGEMENT:The developer is offering to pay the Master Association $700,000 cash as part of the proposed annexation. However,as pointed out in our Annual Meeting presentation,this is not all that the developer is paying and the cash is not what we consider to be the most important factor in this deal. If WSC Naples,LLC(the developer)were not part of Windstar,they would not be building these same units.If the only access was via • Lakeview,the developer would likely build something more like the plan that Antaramian had approved by the County after our agreement with him was terminated--72 smaller units in three story buildings.The selling price would be less, but the building costs would also be less and the developer wouldn't have the other expenses of dealing with us.In addition to the$700,000,the developer has agreed that;they will pay our expenses of bringing the matter to a vote(up to $100,000);they will be making significant landscape improvements on our(the Club's) property;they will be building a wall and gates securing our north-eastern border;and they will be giving us access to Haldeman Creek with a kayak launch and storage facility.All of this represents the payment of real money from the developer,and we encourage residents to consider these along with all of the non-monetary benefits of the proposal.The majority ($500,000)of the cash payments will be received within 9 months of approval of the annexation, and the payments are guaranteed by'Centerline,? In judging the adequacy of the benefits received,it is also important to remerribi~r'that the developer is taking the lion's share of the financial risk in this project.The developer would not contemplate this project with Windstar unless he had the prospect of making a return significantly superior to his"without Windstar" option. What is the history and financial status of Centerline Homes and WSC Naples, LLC? Centerline has prepared a presentation regarding their company that we just received and distributed to residents(it's also on our website).As explained in that presentation and described at the Annual Meeting,WSC Naples,LLC, is a single purpose entity that has not produced any past projects and whose only asset at this point is the land purchased with cash contributed by the partners. Another Centerline affiliate is beginning a new project on Immokalee Road,and there are no completed Centerline projects near Naples.However,our consultants are familiar with Centerline and have assured us they are a quality builder with a good reputation.A group from our Board and Architectural Review Committee is going to visit Centerline projects in the Orlando area on Friday.You're welcome to join us.The company has a website, www.centerlinehomes.com,which has a wealth of information about their current projects. What will the Master Association do with the$700,000? As explained at our recent meetings, the Board in place when the money is received will decide how it is applied,but it must be applied to the benefit of Windstar owners.One possible use is to hold it as a reserve to pay off the existing debt incurred in connection with the renovation of our front entrance(the loan cannot be prepaid without a substantial penalty).This would allow us to immediately reduce the annual assessment by approximately$212 annually per unit rather than waiting until the loan is repaid.Other considerations are mentioned in the presentation from the Annual Meeting.The $700,000 works out to a little more than$1,250 per existing owner,so in essence we are getting paid back for previous assessments. Until we use any of the monies,they will be invested in accordance with the Master documents. 2. GOLF MEMBERSHIPS:The Master Association was not involved in the negotiation of the agreement between the developer and the Club and these questions are being answered by the Club.I would note,however,that the Board feels the proposed annexation has merit even without any consideration of the Club's deal :3. TRAFFIC: As you noted,all of the construction will access the property only via Lakeview Drive.That is a key point in the proposed contract and the developer knows that any change in the contract would require a new community vote. The Haldeman's Landing neighborhood will have two gates—one on Lakeview Drive and a second vehicle gate at the point where Haldeman Creek Drive enters their property.Residents of Haldeman's Landing will have transponders programmed to open both gates—the transponders for existing Windstar residents will not open those gates(this is a requirement of the County). The Lakeview Gate will have the ability to allow remote access(like the Southpoint gate),and residents in that neighborhood will be encouraged to direct vendors and trades traffic to that gate. This gate will not be manned,but there will be remote video surveillance at the gate and along the whole eastern border. It is tentatively proposed that the sales office will be in the Club.The Club feels that this will help sell the Club to all visitors,not just those who eventually buy units in Haldeman's Landing. We feel the front gate is equipped to handle the anticipated additional traffic from the approximately 11%increase in homes. k);.V,a \c t �l ; 4. DOCKS.The previous owner of the parcel obtained • approval and permits for up to 42 docks. There is no provision for a boat launch,but the developer will provide a space for launching and storing kayaks.The County requires that the mangroves surrounding the property be maintained and will only allow a few,openings for ramps to reach the docks.The docks were originally permitted to be fixed docks,but Centerline proposes to change those to floating docks, if possible.The docks will be organized into a separate association which, like the Southpoint Marina,will be subject to the Master Association Declaration,the same as other neighborhoods. Initially,the developer plans to restrict sale of the docks to residents of Haldeman's Landing,but eventually will open purchase to other Windstar residents,The Developer will not,be allowed to sell a dock to a non-resident until 12 months after the last residential unit has been sold.Should there be any non-resident owners in the future,they would pay 25%of the standard Master Association annual assessment(same provision as Southpoint).Transponders issued to non- resident dock owners will be programmed to open the Lakeview gate.The Haldeman's Landing Marina Association will be responsible for all expenses of the docks, including maintenance, water, power, insurance,security, etc.We are concerned about the amount of parking available to service the docks and are reviewing this matter with the developer. Please feel free to call me if you have additional questions or would like to meet to discuss anything regarding the proposal.Again,we appreciate your input and concerns. Sincerely, C / Tom Melvin, for the Directors Windstar On Naples Bay Master Association nR 4512 Pc 2581 Association's affairs, Board members and the Association's officers are subject to, and their actions shall be judged In accordance with,the standards set forth in Florida law. Section 1.4. Neighborhood Associations. Within the Property there exist certain associations of homeowners or condominium owners which provide varying levels of services to the Unit Owners. Most, but not all, of the Units within Windstar are members of a Neighborhood Association and subject to Its unique covenants and restrictions which are separate and distinct from those of the Association, but which must conform with the covenants and restrictions outlined in this Declaration, All residents of Windstar,whether members of a Neighborhood Association or not, are subject to the covenants and restrictions put forward in this Declaration as well as any rules and regulations that may be promulgated in their implementation. The Neighborhood Associations are subject to all of the covenants and restrictions of the Association. They are charged with certain responsibilities, but are granted no rights of action under this Declaration. They are bound by the terms of the Declaration and can be tailed upon by the Board of Directors to assist In its administration. Neighborhood covenants shall be supplemental to this Declaration and shall in no way be construed to supersede or override the Documents. Section 1,5, Recreational Associations. — `` Recreational Associations existin yj the Property s �'s t Club and the Marina are created and approved by the Assoclatiol rily for the benefit an, -nib ent of participating Unit Owners. Recreational Associations h e r' itts•-of—access to he C. rno Areas and the Recreational Associations often share or a cha ge e -s a fact ti s such •s eting rooms,security facilities, parking and offices for which then r. r• •-i t. • ss a ent. Although created primarily for the entertainment and eno me o • e s, t :re.,t•n •soci Lions are not restricted from soliciting non-residents of ndst r:s m.e s' - • . lo :I •ss'slat ons may be subject to certain charges by the Association b s{ air .s I - em ,- hi. et forth in the Bylaws. C- Recreational Associations est b i and manage their• �A r .e• re responsible for staffing their own facilities,and are indepen ' their day-to-day opLfet� �e Recreational Associations are subject to all of the covenants a r fictions of the Assoc o'. he Recreational Associations are granted certain rights in this Decla 4 A terLbershipJo d as to any Recreational Association, is strictly subject to the rules and pro> d�iri t isl tLLy s governing body. No Owner or occupant gains any right to enter or to use the ffaoilitet.bbthe ecreationai Association simply by virtue of ownership or occupancy of a Unit. ARTICLE 2 VOTING AND VOTING RIGHTS The right to vote on Association matters is inherent In ownership of a Unit within the Property. The right to vote is appurtenant to, runs with, and may not be separated from, ownership of legal title to ownership of a Unit. Section 2.1 Voting Rights. The Unit Owners of the Association are entitled to one (1)vote for each Unit owned. The total number of votes shall equal the total number of Units subject to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Windstar.The vote of a Unit is not.divisible. (a)Suspension of Rights.The Association may suspend the voting rights of a Unit Owner for the nonpayment of any approved assessment that is delinquent in excess of ninety(90)days. (b) Joint Ownership. If a Unit is owned jointly by two or more Persons, that Unit's vote may be cast by any one of the recorded Owners. if two or more Owners cast ballots, or if the Owners cannot agree among themselves on how their one vote shalt be cast on any Issue,that vote shall not be counted In that election and the Unit shall not be included in computing the total vote required. March 24,2009—Declaration of Page 5 of 23 nR 4512 Pc 2580 (30) "Upkeep" means care inspection, maintenance, operation, repair, repainting, remodeling, restoration,Improvement,renovation,alteration,replacement and reconstruction. Section 1.2.Construction of Windstar Documents, (a)Captions.The captions are inserted only as a matter of convenience and for reference,and in no way define,limit or describe the scope of the document in which used or any provision thereof, (b) Pronouns. The use of the masculine gender shall be deemed to include the feminine and neuter genders,and the use of the singular shall be deemed to include the plural and vice versa, whenever the context so requires. severable from every other (c)provision, andnthe invalidity of any one or more shall snot change the meaning of or otherwise affect any other provision.To the extent that any provision of the Windstar Documents is found to be overly broad or unenforceable and a narrower or partially enforceable construction applied and,to the extent practicabfenthe provision shall be etnforcedceable construction shat be (d) interpretation. If there is any c. 'i ,.i •, 4 > indsta 1 Documents,an or other resolutions Declaration sh control,then the Articles of inco•4• --io - adopted pursuant to any o ' star Documen ruction consistent with Florida law shall in all cases control oza4 a onst ruction inconsiste the -with. (e) Construction of W st;r e. i•.ent an+ orpora onto incorporate Ref en one another.WindAny Documents shall be co strt- r• t ►d ► requirements as to the ont,if = , a l R`tm �./ , ,if adt ict ncyc an ibea cured y othey reference to any of th oih= j, p •vt-io o' i ocument wit lb: 't• '►Lk• !.' • the =�,• e.e. of the Windstar Document into Windstar Document _+ as if set forth In full.' the other Windstar Docu en shall be deemed ince000rat d t Section 1.3.The Association. ,,�, V Windstar on Naples Bay Maste • on, Inc. •uNr i known as The Windstar Master Association,Inc.,is a non-stock and n We -s r•:,t o'rr organized and existing under the laws of the State of Florida,charged with the duli?S -•► • with the powers prescribed by law and set forth in the Articles of Incorporation and the Bylaws. All Unit Owners, Recreational Associations and Neighborhood Associations located within the Property shall be members of the Association. The Association shall have all powers and duties under Chapters 720 and 617, Florida Statutes, and the power and duty to enforce against its members the covenants,conditions,easements,restri tionr aid other provisions imposed by this Declaration and its recorded exhibits by any proceeding equity against any person or entity violating or attempting to violate such provisions, to require performance of such provisions and to recover damages for violations of such provisions created by this Declaration. Failure by the Association to enforce any such provisions shall In no event be deemed such a waiver of its right prvail do so arty shall be entitled to recover the costs the and legal fees incurred rby any such provision,the prevailing party such party, The Association may exercise any right, power, or privilege given to it expressly or by reasonable implication by the Windstar Documents, and may take action reasonably necessary to effectuate any such right or privilege, Except as otherwise specifically provided in the Windstar Documents or by law, all of the Association's rights and powers may be exercised by the Board as provided in the Bylaws. The Board may Institute, defend, settle or intervene on the Association's behalf in mediation, binding or non-binding arbitration,litigation or administrative proceedings in matters pertaining to the Common Area, enforcement of the Windstar Documents, or any other civil claim or action. In exercising the Association's rights and powers, making decisions on the Association's behalf, including, without limitation, deciding whether to file a lawsuit under any circumstances, and conducting the March 24,2009—Declaration of Page 4 of 23 THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO: } AGREEMENT REGARDING ANNEXATION AND SUPPLEMENTAL DECLARATION FOR W1NDSTAR THIS AGREEMENT REGARDING ANNEXATION - AND . SUPPLEMENTAL DECLA TON FOR IND'TAR ("Supplemental Declaration") is made and entered into as 4 of the ay of 2013, by and between Windstar on Naples Bay Master Association, Inc., a Florida not-for-profit corporation (the "Windstar Association") and WSC Naples,-LLC,-a Florida limited liability company,and-its successors and assigns("WSC"), WHEREAS,in accordance with Section 14.3(a)(2)of the Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Windstar dated October 30, 2009, recorded at Official Records Book 4512, Page 2575, of the Public Records of.Collier County,Florida(the"DCCR"),the Windstar Association may upon a vote of at least two-thirds of the Unit Owners(as defined in the DCCR)entitled to vote(the"Required Membership Vote") may expand the real property governed by the DCCR by annexation into the Windstar Association; WHEREAS, WSC is the owner of certain real propeAy adjacent to and contiguous with the Windstar community ("Windstar Community"), which is more particularly described on Exhibit"A"attached hereto(the"WSC Property");and WHEREAS,the Windstar Association and WSC desire to annex the WSC Property into the Windstar Community in accordance with the terms and conditions of this Supplemental Declaration. NOW, THEREFORE, in consideration of the mutual covenants, conditions and obligations of this Supplemental Declaration, as more Hilly set forth below, the Windstar Association hereby adopts the following Supplemental Declaration effective as of the date upon which the Windstar Association successfully obtains the Required Membership Vote and records this Supplemental Declaration in the Public Records of Collier County ("Public Records") in accordance with the DCCR,as follows: 1. The WSC Property Assessments. WSC shall pay an initial assessment("Initial Assessment") to the Windstar Association in the amount of $700,000.00, with the first installment of $250,000.00 ("First Installment") being due within two (2) business days following (a) the Windstar Association obtaining the Required Membership Vote; and (b) the recordation of this Supplemental Declaration(such recordation shall hereafter be referred to as • "Annexation"). Thereafter,WSC shall pay$250,000.00("Second Installment")nine(9)months after the First Installment is due. The balance of the Initial Assessment shall be paid in the amount of $3,125.00 ("Individual Unit Assessment Payment") at the time each "Residential Unit"(as hereinafter defined)is conveyed to someone other than WSC or at the time WSC rents a Residential Unit to a third party. A Residential Unit owner shall not have the right to use the existing Windstar roads and other facilities until the First Installment,the Second Installment and the Individual Unit Assessment Payment have been paid to the Windstar Association,except that WSC may use such roads and other facilities for purposes of marketing and sales, When the First Installment,the Second Installment and the Individual Unit Assessment Payment have been paid, the Windstar Association shall give a certificate in recordable form ("Unit Release") acknowledging the First Installment, the Second Installment and the Individual Unit Assessment Payment have been paid and that Residential Unit thereafter, subject to the other conditions of this Supplemental Declaration and the DCCR,shall have the right to use the existing roads,gates and other Windstar Association facilities. If the amount of$700,000.00 has not been paid in full upon the expiration of thirty-six (36) months from the date the First Installment is due, then at such time the unpaid balance shall be paid in full such that the total of$700,000.00 shall be paid to the Windstar Association. Upon such payment the Windstar Association shall provide all remaining Unit Releases for those Residential Units which have not received a Unit Release. If such amount is not paid, the Windstar Association shall have the right to pursue all available legal and/or equitable remedies including, but not limited to,filing a lien against all or any part of the WSC Property including, but not limited to, all of the Residential Units which have not received a Unit Release and the unsold Marina Units, and to foreclose that lien in the same manner as a mortgage may be foreclosed in addition to all other legal and equitable rights. In addition to paying the Initial Unit Assessment Payment upon the transfer of units from WSC or the rental of a Residential Unit,that Residential Unit shall be obligated to pay assessments at the same rate as the existing residences within the Windstar Community, which is presently $2,212.00 annually. 2. Maximum Number of Units Within the WSC Property. Upon Annexation, WSC agrees to limit the total number of units to be constructed within the WSC Property to 64 residential units(which may be in the form of condominium or fee simple in accordance with the requirements of applicable law and Collier County regulations, hereafter the "Residential Units]") and a maximum of 42 docks and related facilities as approved by the governing authorities (hereafter the "Marina Units"). The Residential Units shall be not less than 2,0.00 square feet of air conditioned space. WSC may structure the Marina Units as a separate condominium, or such other form of recreational association as mutually agreed upon with the Windstar Association. The Association understands and agrees that as WSC goes through the approval and permitting process it is possible that the governing authorities may approve less than the 64 Residential Units and less than 42 Marina Units (particularly in light of the need to accommodate space for the Keewaydin Queen as set forth in Section 3.2(b) below), and WSC shall not be in violation of this Supplemental Declaration should it be entitled to less than the maximum number of Residential Units and/or Marina Units. A decrease in the number of Residential Units and/or the number of Marina Units shall not reduce the Initial Assessment. 3, Plan Review. For purposes of plan and architectural review for the initial Residential Units and initial Marina Units to be constructed on the WSC Property,the Windstar 2 Association has agreed that the Board of Directors for the Windstar Association(the "Board") shall be the Architectural Review Committee; and the Board shall be the sole body within the Windstar Association to review and approve such plans in accordance with the terms and conditions as set forth in this Supplemental Declaration. WSC shall be required to obtain the { Board's approval of the WSC Property's site plan, landscape plan, and building plans and elevations,as well as for the extension of Haldeman Creek Drive, The site plan, landscape plan, and the extension of Haldeman Creek Drive must also be approved by the Windstar Golf Club (the"Windstar Club") as to any elements necessary to retain the golf course's designation as a Toni Fazio signature course. It is further understood that WSC must negotiate directly with the Windstar Club as to any agreement to enhance or retain views of the golf course from the WSC Property where it concerns plantings on adjacent Windstar Club property. 3.1 As part of the process to obtain the Required Membership Vote, WSC has submitted to the 'Windstar Association for presentation to its membership the following proposed plans; (a) site plan; • (b) landscape plans; (c) the extension of Haldernan Creek Drive; (d) residential building elevations and color schemes; (e) elevations and color schemes for the cabana and site plan for the pool;and (f) dock facility, kayak storage and launch, and emergency mooring for the Keewaydin Queen. It is expressly understood and agreed that provided that the final site plan, building plans, elevations, color schemes, and amenity facility plans do not substantially and materially deviate from those proposed plans submitted for review and approval in connection with seeking the Required Membership Vote, WSC shall be entitled to final approval from the Board at such time as such final plans are presented to the Board for approval. The Windstar Association understands and agrees that the governing authorities may comment upon and propose changes to the plans submitted for approval prior to the Required Membership Vote and that WSC shall be required to work with the governing authorities in obtaining its final approvals and permits, In the event of any changes to the proposed plans as may be required by the governing authorities, the Windstar Association agrees that it shall not unreasonably withhold approval of any such changes if such.changes are reasonable and necessary under the circumstances as required by the governing authorities. 3.2 Building Height, Limitation. WSC agrees that the building height of the buildings/units of the WSC Property shall be a maximum of two (2) story buildings with a maximum mean roof height of thirty-five (35) feet above the finished floor of the building. 3.3 Kayak Facilities and Emergency Docking for Keewaydin Queen. 3 (a) WSC shall include in the site plan a location for kayak storage (of at least twenty (20)kayaks)and an area to launch such kayaks into Haldeman Creek. Such proposed amenity shall be subject to the approval and permitting of appropriate governing bodies. WSC cannot make any representation or warranty that such use will be allowed. The kayak facility, if it can be constructed, shall be designed by WSC subject to the requirements of the permitting authority and provided to the Windstar Association for review and approval, which approval may not be unreasonably withheld. The kayak facility shall be constructed at the expense of WSC and appropriate easements shall be provided to the Windstar Association for its use, or to such other, entity as directed by the Windstar Association. Such facility shall be constructed simultaneously with the construction of the Marina Units, with the understanding that WSC may construct the Marina Units in phases as it determines in its sole discretion provided that the kayak facilities are included within the first phase of such construction. (b) WSC shall also provide a location within the dock facilities for docking of the Keewaydin Queen solely for use in the event of a hurricane or other storm emergencies. This requirement shall be subject to WSC obtaining the approval and permitting of appropriate governmental bodies for such use. Neither WSC nor any successor association for the marina facility makes any representation or warranty concerning the fitness or suitability of such docking space for the Keewaydin Queen,and the Windstar Association agrees to accept such accommodation in an"as-is,where-is"condition. Further,the Windstar Association shall be solely responsible for any damage to the Keewaydin Queen and for any damage which the Keewaydin Queen may cause to the Marina Units and related dock structure or facilities,as well as for any damage or environmental concerns in the event the Keewaydin Queen may sink or become partially submerged while docked in such location. The Windstar Association shall provide proof of adequate insurance for the vessel and any such potential damages to the dock and related facilities. 3.4 Boat Dock Facilities. WSC acknowledges that the boat dock facilities shall be created as a separate marina association ("Marina Association") and shall be a recreation association pursuant to the Master Documents and not governed by and not part of the residential association("Residential Association")to be created for the 64 Residential Units. However, because the Marina Association facilities shall be integrated in the same Location as the cabana and pool to be constructed as part of the Residential Association, there may be an agreement between the Marina Association and the Residential Association for the Marina Association to pay certain assessments in connection with the operation,maintenance and repair of the cabana and pool facilities. The Marina Association will be responsible for maintaining and operating the Marina Units and related facilities, including maintaining same in a neat and clean manner and controlling noise and other typical covenants that would be applicable to a marina. Among other covenants, the Marina Association would not allow live-aboards. The area of the boat dock facilities on Haldeman Creek and any access decks,bridges or pathways shall be 4 owned and maintained by the Marina Association, and the area north of Haldeman Creek which is a conservation area shall all be owned and maintained by either or both of the Residential Association or the Marina Association, as WSC determines in its sole discretion, The Marina Units will be first made available to the Residential Unit owners in the WSC Property and then to other owners within the Windstar Community and shall only be sold to outside third parties who do not own within the WSC Property or the greater Windstar Community starting one(1)year after all of the Residential Units have been sold to third parties. The Marina Units which are not owned by owners within the overall Windstar Community, or are rented to persons not residents of the Windstar Community, shall pay the assessment designated by the Master Documents as the percentage of the standard assessment allocable to such units, which percentage is currently 25% of the standard association assessment to residents to the Windstar Association. The documents for the Marina Association shall provide that there will be an approval process for at least the sale of Marina Units to individuals or other entities who do not also own a residence within the Windstar Community. Owners of Marina Units who do not live in the Windstar Comrriunity may be required to have their primary access through the unmanned gate onto Lakeview Drive but their guests would be allowed through the main gate for security purposes. WSC shall provide for surveillance cameras to reasonably cover the boat docks, areas adjacent to the boat docks and other perimeter areas of. the WSC Property, which cameras shall be linked to the existing surveillance system of the Windstar Community such that they can be monitored by the existing entry gate seourity personal, as well as set up to be able to have surveillance video available to be reviewed at a later time. The cost to operate, maintain and repair the video surveillance and related equipment installed by WSC shall become the obligation of the Windstar Association as such will be integrated into its overall surveillance system. Other than providing for such surveillance, absent its own gross negligence or intentional misconduct, if any, WSC shall not be responsible for third parties who may enter the WSC Property or the Windstar Community for the purpose of or in connection with the commission of criminal,mischievous or other inappropriate conduct. 3,5 Buffering t e Windstar Community and the golf Course from the WSC Property and Maintaining the ExistingVegetation Along the Wipclstar Community and the WSC;Property's ft rder as_ . as.Po i,le Durinc Co s rust o , The landscape in the WSC Property bordering the Windstar Community shall be designed to prevent undesirable views from the Windstar Community and the golf course while working to create desirable views from the Residential Units in the WSC Property of the golf course and water. No trees within 10' of the border between the Windstar Community and the WSC Property over 15' in height (except invasive exotics) shall be removed until the plans for the landscaping have been approved as required by Section 3.1 and same shall not be removed sooner than necessary in order to continue to provide a visual buffer to the degree reasonably possible between the Windstar Community and the WSC Property prior to completion. Notwithstanding the foregoing,it is expressly understood and agreed to between WSC and the Windstar Association that once the landscaping plans 5 have been approved as required, WSC shall be permitted to implement such approved landscape plan within a tinie frame that also allows for such work to be cost effective in connection with the ordinary progress of the horizontal and/or vertical construction ofthe WSC Property, 4. gxtension of Road. In order to obtain access to the WSC Property,WSC shall,at its sole cost and expense, extend the existing Haldeman Creek Drive pursuant to the existing right-of way in accordance with the plans, including landscaping on both sides, which are approved through the approval process referenced in Section 3 and remove the existing turning circle. The road extension shall be built to the degree possible during the offseason, meaning May 15 through November 15;provided,however,if that is not practically achievable due to the timing of the Required Membership Vote or otherwise,the parties agree that construction may take place other than during the offseason, During this phase of construction,WSC shall take all reasonable efforts to minimize the impact to the surrounding golf course and residents; and access of the golf cart path shall be maintained through the area for the construction of the road extension. The WSC Property shall not have access over the existing Windstar Community, including existing roads and the Windstar Community entrance gates except for marketing and sales purposes until Residential Unit(s)in the'WSC Property haN/e been completed and then only as to the Residential Unit(s)that have obtained a Unit Release and completed and sold Marina Units. The construction of the extension of Haldeman Creek Drive shall be completed within three(3)months after it is started subject to force tnejeure;provided,however,prior to the actual construction of the road WSC shall be provided access to the area in and around the proposed road construction for purposes of root pruning,tree removal and/or relocation as may be required in accordance with the approved plans,and the time requited for this purpose shall be in addition • to the 3 month time period. If a claim of lien is filed against Windstar Association's property because of work undertaken by WSC or at its direction, WSC shall cause such lien to be removed by payment or by bonding of such lien within ten(10)business days of notice from the Windstar Association. If construction of the extension of the road is abandoned or otherwise is not maintained in accordance with this Supplemental Declaration and all governmental. requirements,after ten(10)day's notice to WSC the Windstar Association shall have the right to seek specific performance against WSC or any subsequent owner of the WSC Property to require such actions to be taken, and if the actions are not taken within ten (10) days,the Windstar Association shall have the right,in its sole discretion,to undertake such activities and will have the right to pursue any available legal and/or equitable remedies including,but not limited to, filing a lien against any part of the WSC Property, except for Residential Units that have received a Unit Release,for such costs. • 5. Road Within the WSC Properly and Gate to Lakeview Drive. WSC shall construct the road(s)within the WSC Property and same shall be maintained by the Residential Association. All maintenance and liability for such road will remain with the obligation of the } Residential Association. WSC will construct at its sole cost an access gate and entry wall for the entrance on Lakeview Drive("Lakeview Gate"),which shall be aesthetically compatible with the main entrance to the Windstar Community and such that it impedes unauthorized pedestrian access. The Lakeview Gate shall be constructed prior to the closing on the first Residential Unit to a third party purchaser. Windstar residents,other than the residents in the Residential Units or the owner of Marina Unite,may,not use the Lakeview Gate for vehicular access but may use the Lakeview Gate for pedestrian or bicycle access, Similar to the boat dock facilities, WSC shall 6 • provide for appropriate cameras tied into the surveillance equipment at main gate for surveillance and with the capability of later review of video. The cost to operate,maintain and repair the video surveillance and related equipment installed by WSC shall become the obligation of the Windstar Association as such will be integrated into its overall surveillance system. 6. Gate s etwee Luis n W' .star Co un s • e WSC Pro.e . Collier • County has advised WSC that pursuant to the existing zoning and impacts of the WSC Property, that it shall be a requirement that only the 64 Residential Units on the WSC Property and the dock owners in the Marina Association, their service providers and their visitors shall be permitted to have use of the community gated entrance at Lakeview Drive for vehicular ingress and egress into and from Windstar or to the gate leading from Haldeman Creek Drive into the Haldeman's Landing neighborhood. Accordingly,WSC shall be required to design and Install a gated access.("Connection Gate") at the connection from the existing Haldeman Creek Drive into the WSC Property, which access shall limit vehicular entry at such point by any resident of Windstar who is not an owner of a Residential Unit or a Marina Unit,or who is not an authorized visitor of an owner of a Residential Unit or a Marina Unit. The Connection Gate shall not prohibit pedestrian or bicycle access to the roadways and walkways'Within the WSC Property. The Connection Gate will be substantially constructed inside the WSC Property and not on property within the existing Windstar Community. The cost of construction of the Connection Gate and all related facilities will be at the sole cost of WSC. There will be constructed a round- a-bout at the Connection Gate,which will allow residents of the Windstar Community to access the kayaks and boat dock facilities. The parking area will also provide access to the cabana and pool facility of the Residential Association; however,such facilities(the pool and cabanas)are only available for use by the residents of the 64 Residential Units on the WSC Property and the dock owners in the Marina Association,and are not available for use by the other residents of the Windstar Community. The parking area shall be within the WSC Property. 7. Utilities. WSC represents to the Windstar Association that there is adequate capacity for all utilities for the WSC Property without doing any construction for electric,water or sewer within the Windstar Community; provided, however, that the Windstar Association understands and agrees that WSC shall be permitted to make connections to existing utilities within the Windstar Community as determined appropriate by the governing authorities, in accordance with existing utility easements in favor of Collier County and the City of Naples. 8. Drainage. The Windstar Association agrees that the WSC Property may be subject to various governmental requirements. Any plan submitted by WSC for governmental approval which places an unreasonable burden on the infrastructure of the Windstar Community shall not be approved by the Windstar Association. WSC shall construct such pretreatment facilities within the WSC Property as dictated by the South Florida Water Management District as a condition of any drainage permit,which shall treat the water from the WSC Property prior to discharge into the existing Windstar Community drainage system, The Windstar Association shall have the right to review and reasonably approve the drainage system for the WSC Property as such connects to the existing drainage system,which shall also be subject to the requirements of the permitting authority. Drainage and utility connections are infrastructure systems. All costs to connect to and/or alter the Windstar Community infrastructure systems will be paid by WSC. The Windstar Association shalt provide such legal documentation as may be required to 7 permit the WSC Property to connect to the existing drainage system and flow through the . Windstar Community. 9. Construction Traffic. WSC agrees that all construction traffic for the WSC Property shall access the WSC Property through an entrance off Lakeview Drive, and such traffic shall not be permitted to access the WSC Property through the main or any ancillary entrances to the Windstar Community. _ 10. Security During Congt uction of WSC,Property. WSC shall take all reasonable actions to maintain the security of the Windstar Community during construction of the WSC Property. Such actions shall include appropriate fencing around the WSC Property but shall not be deemed to include the obligation to hire security or surveillance personnel for the WSC Property. • 11. Maintenance of WSC Property During Construction. WSC agrees that once it starts construction of any building or other facility in the WSC Property that such construction of • any such building or specific structure shall be completed within not more than six (6) months . subject to force majeure, which force majeure shall not include market conditions, During construction, the remaining portion of the WSC Property which is not completed, shall be maintained in a neat and orderly manner to minimize any negative impact on the surrounding Windstar Community and if construction is abandoned, or otherwise not maintained in accordance with this Supplemental Declaration and all governmental requirements, then the Windstar Association shall provide fifteen(15)days' notice to WSC of its failure to perform and requiring that WSC correct any such deficiencies or failures. If WSC fails to remedy such deficiencies or non-performance within the 15 day period, then the Windstar Association shall have the right to seek specific performance against WSC or any subsequent owner of the WSC .• Property or to enforce the other rights contemplated by this Supplemental Declaration,including the right of the Windstar Association, if it so desires in its sole discretion, to undertake such activities. The foregoing notwithstanding, the Windstar.Association may pursue all available legal and/or equitable remedies including, but not limited to, the right to lien any part of the WSC Property for the costs to remedy same, except for Residential Units that have received a Unit Release or Marina Units which have been sold. This provision notwithstanding, in the event WSC or its successor is diligently pursuing compliance as contemplated herein but such compliance shall reasonably take longer than the contemplated 15 days, then the Windstar Association shall not have the right to undertake any such-activities on its own or seek such other relief unless and except WSC abandons its efforts to maintain compliance or fails to reasonably and diligently pursue same. 12. WSC Payment of Windstar Association Costs. WSC agrees to pay • the .amount of $100,000.00 toward the costs, fees and expenses incurred by the Windstar Association in connection with the preparation and completion of a letter of intent, this Supplemental Declaration,the notice for the meeting of the membership concerning Annexation, and such other documents as may be necessary to complete Annexation. Such costs, fees and . expenses will include attorney's fees, consulting fees for Special District Services, Inc., engineering fees, costs of mailing of the notice and printing of materials for the membership meeting, recording fees, architectural review of plans and such other similar and reasonably incurred costs associated with annexation and the implementation of same (the "Reimbursable 8 ' s - E Expenses"). in the event the Windstar Association incurs Reimbursable Expenses in excess of $100,000.00, the Windstar Association shall be responsible for any such excess Reimbursable Expenses. WSC agrees that it shall be obligated to pay, subject to the $100,000.00 cap, the Reimbursable Expenses even if Annexation-is not successful, The Windstar Association agrees to provide supporting documentation to WSC in connection with a request to pay Reimbursable Expenses, including, all proposals, invoices (text may be redacted from invoices for legal services), bills, statements, and purchase orders for such Reimbursable Expenses (the "Supporting Reimbursement Documents"),that the Reimbursable Expenses shall be reasonable and necessary for the Windstar Association to reach an agreement with WSC and obtain the Required Membership Vote 'and, thereafter, to achieve Annexation and completion of both WSC's and the Windstar Association's obligations with respect to Annexation and completion of the WSC Property. WSC agrees that it will make such payments as directed by the Windstar Association or to reimburse Windstar Association for such Reimbursable Expenses that it has paid for, In the event Windstar requests monies to pay for things such as mailings, and other items of this nature, prior to the activity, WSC shall provide the funds for undertaking such actions,all upon Windstar Associations provision of the Supporting Reimbursement Documents as are appropriate. If the Required Membership Vote is obtained and Annexation occurs, all Reimbursable Expenses above the $100,000,00 cap Incurred by the Windstar Association following such Annexation shall be shared equally between the Windstar Association and WSC, with each being responsible for fifty percent(50%)of such Reimbursable Expenses. In addition, WSC shall be solely responsible for any and all costs of permitting,impact fees or other costs that are paid for physical improvements or governmental fees due in connection with the approval, permitting and construction of any and all -improvements as contemplated in this agreement. in the event Windstar Association is required to pay any such costs,'WSC shall reimburse Windstar Association in full for same notwithstanding the cap on Reimbursable expenses. The Windstar Association and WSC shall cooperate to ensure that the Windstar Association and WSC do not incur duplicative costs following a successful Required Membership Vote and Annexation. WSC agrees that this Section.12 is an agreement and binding even if Annexation is not successful, If the costs contemplated to be paid as provided herein are not paid within thirty (30)days after notice from Windstar Association to WSC then the Windstar Association shall,in addition to all their equitable and legal rights,have the right to place a lien on the WSC Property for the amount not paid pursuant to this Section 12 up to the • $100,000.00 cap set forth above;and,if it is necessary for the Windstar Association to take legal or equitable action to collect the items contemplated by this Section 12, the prevailing party in any such action shall be entitled to attorneys'and paralegals'fees and costs at all trial,appellate and post judgment proceedings. 13. Fired Iviembership Vote, WSC acknowledges the failure to obtain the Required Membership Vote shall not create any liability for the Windstar Association and WSC shall not seek any damages or costs from Windstar Association,or the members of the Board,its employees and agents for failure of Annexation. WSC agrees that the provisions of this Section 13 are an agreement and binding even if Annexation is not approved by the Required Membership Vote, 14, The Windstar Club. WSC acknowledges that any failure of the Windstar Club to perform on any agreement which it may or may not enter into with WSC is not the responsibility of the Windstar Association and the Windstar Association shall have no liability for same, WSC 9 • agrees that upon execution of this Supplemental Declaration, the provisions of this Section 14 are an agreement and binding even if Annexation is not approved by the Required Membership Vote. 13, The DCCR,and Qther Governing Documents. WSC understands and agrees that the WSC Property,which includes both the Residential Units and the Marina Units, will each be subject to separate governing association documents as provided above,the documentation and related matters of which shall be subject to and subordinate to the DCCR and other related documents governing the Windstar Association. 16. jnitallon,pf Transfer of WSC 1?roopellty,. WSC acknowledges that it shall not have the right to transfer the WSC Property other than the sale of individual Residential Units or Marina Units without obtaining the Windstar Association's approval, Upon any such transfer the terms and conditions of this Supplemental Declaration shall, upon obtaining the Required Membership Vote and Annexation, run with the WSC Property and be binding upon any such successors or assigns of WSC. This condition notwithstanding,the Windstar Association shall not unreasonably withhold its approval of such a sale or transfer in the event WSC shall sell or transfer the WSC Property to another developer/homebuilder who shall be of an equal or greater size and financial strength of WSC and its existing Centerline Homestlpt affiliates,and an equal or better development and home construction quality and experience to that of WSC and its existing Centerline Flonxnese affiliates, Absent satisfaction of the above criteria, the Windstar Association shall have the right in ita reasonable discretion to approve or disapprove such assignment or transfer and any transfers without approval shall be void and of no effect. It is understood by WSC that in agreeing to this Supplemental Declaration the Windstar Association is not only relying upon the experience and reputation of WSC which is understood to be an entity which is a single purpose entity,but also the overall experience, expertise and reputation of the affiliated entities which are generally referred to as Centerline Idomese;accordingly,the Windstar Association has no obligation to approve the transfer unless it is to an entity which meets the criteria set forth herein. A decision to grant this approval by the Windstar Association shall be made using its reasonable discretion and the above-referenced standards and the fact that the Centerline Homes,Inc.guaranty provided in Section 18 would be released. 17. Jpsnrange and Indemnification, WSC shall provide insurance-and indemnification in form and amount reasonably acceptable to the Windstar Association to protect the Windstar Association,its property,its board members,members,employees and agents. For purposes of this requirement and establishing the level of insurance acceptable to the Windstar Association, the Windstar Association has approved WSC's insurance certificate setting forth the commercial general liability and builder's risk coverages presently in place for WSC,and such coverages are deemed sufficient to satisfy this requirement, Centerline Homes°is a registered trade name owned by Centerline Homes,Inc.,and licensed for use to certain single purpose entitles in connection with the construction and sale of homes under the Centerline Homes@ brand. 2 The Windstar Association understands and agrees that regardless of Its reliance upon the reputation and experience of any other Centerline Homes*affiliated company,that with the exception of the guaranty of payment by Centerline Plomes,Inc.as set forth in this Supplemental Declaration,no entity other than WSC owns or Is otherwise Involved with or responsible for,In any manner,the development of the WSC Property or the obligations of WSC as set forth in this Supplemental Declaration. 10 • i • F 18, d ite• J• de • enterli = e Ines In Centerline Homes,Inc.,an affiliate of WSC through substantial common ownership,joins in this Supplemental Declaration solely and for the limited purpose of guaranteeing the payment by WSC of the Initial Assessment and such other monies as may become due and owing by WSC to the Windstar Association as specifically provided for herein. Centerline Homes, Inc, is not providing a guaranty of performance, and Centerline Homes,Inc. shall not be obligated to perform any of the obligations of WSC other than payment of monies following an uncured event of default by WSC, The Windstar Association, in.accepting this guaranty, understands and agrees that Centerline Homes, Inc. is not a parent company or owner of WSC and that Centerline Homes,Ire. is not a contractor or developer and has no direct or indirect interest in the WSC Property other than the licensing of the Centerline Homes name to WSC• ht the event of the sale or transfer of the WSC Property, as approved by the Windstar Association in accordance with this Supplemental Declaration, Centerline Homes,Inc,'s guaranty shall be of no further force and effect,and Centerline Homes, Inc.shall be relieved of any further obligation or liability under such guaranty from and after the date of such formal approval,which release can be a factor in considering the approval of such • sale or transfer of the WSC Property. 19. Survival_ ej Certain. Provisions Regardless of Annexation_. The Windstar Association and WSC intend that the provisions of Sections 12, 13, 14 and 18 (with respect to the guaranty of WSC's obligations as provided in Section 12 herein)create binding obligations between the parties, Except for these provisions,this Supplemental Declaration shall not create any binding obligation upon either party hereto. The Annexation and the other terms and conditions set forth in this Supplement Declaration will not become effective unless and until the Required Membership Vote is obtained and this Supplemental Declaration is recorded in the Public Records In accordance with the requirements of the DCCI&.Neither Windstar Association nor WSC shall be bound to by the other provisions of this Supplemental Declaration until the Required Membership Vote is obtained and this Supplemental Declaration is recorded in the Public Records in accordance with the requirements of the DCCR. Either party may terminate this Supplemental Declaration'at any time for any reason prior to recordation without liability or obligation to the other party except for WSC's obligations to the Windstar Association pursuant to Sections 12, 13, 14 and 18 with respect to the guaranty of WSC's obligations as provided in Section 12. This provision notwithstanding,the Windstar Association is obligated only to bring this matter to a vote of its membership at a meeting properly noticed to take place on or before May 15,2013,and any adjournments or other continuations of such meeting as authorized by the DCCR or other governing documents of Windstar,and agrees to proceed with and exercise good faith in the pursuit of the Required Membership Vote. 20, Annexation. The WSC Property, as described on Exhibit"A" attached hereto,• shall, upon obtaining the Required Membership Vote and thereafter recordation of this Supplemental Declaration in accordance with the DCCR,shall thereafter be held and conveyed, hypothecated, encumbered, used, occupied and improved subject to the DCCR and this Supplemental Declaration,both of which shall be deemed to and are intended to run with the land and shall be a burden and benefit to the WSC Property,WSC and its successors and assigns and any person acquiring and owning an interest in the real property and improvements thereon, their grantees, successors, heirs, administrators, devisees, and assigns in perpetuity. Every grantee of any interest in such property,by the acceptance of a deed or other interest,whether or not such person shall otherwise consent in writing, shall be subject to the provisions of the 11 • DCCR and this Supplemental Declaration, as both may be amended from time to time. The owners of all such property shall be Members of the Windstar Association in accordance with the DCCR and this Supplemental Declaration. Except as expressly modified herein,the DCCR • is hereby ratified and affirmed and shall remain in full force effect. The Windstar Association • executes this Supplemental Declaration to indicate its assent hereto. • 21. Prevailing Party Attorneys Fees. The parties further agree that in the event it becomes necessary for any party to litigate in order to enforce its rights under the terms of this Supplemental Declaration,then,and in that event,the prevailing party shall be entitled to recover reasonable attorneys' and paralegals' fees and the costs of such litigation,including appellate and post judgment litigation, 22. Governing Law. This Supplemental Declaration shall be construed and interpreted according to the laws of the State of Florida without consideration of conflicts of law and venue with respect to any litigation shall be exclusively in Collier County,Florida. 23. Notices. Any notice required or permitted to be given by the terms of this Supplemental Declaration or under any applicable law by any party shall be in writing and shall be hand delivered, sent by certified mail, postage prepaid, return receipt requested, sent by Federal Express (or other recognized courier service) or sent via facsimile with confirmation. Such written notice shall be addressed to the parties as set forth in the below unless the address or fax number is changed by the party by like notice given to the other parties. Notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered three(3)days after mailing,upon hand delivery to the address indicated,next business day if Federal Express or other overnight courier or when sent by facsimile when received as evidenced by confirmation if during a Business Day prior to 5:00 p.m. otherwise on the next Business Day. Notices sent by legal counsel for any party shall constitute the notice of the party for which such legal counsel is acting. If to Windstar Association: • Windstar On Naples Bay Master Association,Inc. 1700 Windstar Boulevard Naples,FL 34112 Attention: President Telephone: (239)775-3400,ext.202 Facsimile: (239)775-9771 With a copy to: American Property Management Services Attn:Windstar Master Association Manager 8825 Tarniarni Trail E Naples,FL 34113 Telephone: (239)774-0105 Facsimile: (239)774-0112 • 12 • With a copy to: Greenspoon Marder,P.A. 5150 North Tamiami Trail Newgate Tower—Suite 502 Naples,Florida 34103 Attention: John L.Farquhar,Esquire Telephone: (239)659-1104 Facsimile; (954)333-4037 If to WSC: WSC Naples,LLC 82$Coral Ridge Drive Coral Springs,FL 33071 Attention: Rob Stiegele,Vice President Telephone: (954)344-8040 Facsimile: (954)344.4176 With.acopy to; ' Centerline Homes,Ina, 825 Coral Ridge Drive Coral Springs,FL 33071 Attention; Jeff l{ronengold,Esq. Telephone: (954)344.8040 Facsimile; (954)827-0198 Notices by any other party affected by this Supplemental Declaration shall give notice in accordance with this Section 23 and notice to any such other party shall be given at its address• filed with the Windstar Association. 24. Arcot do ents. This Supplemental Declaration may be amended in the same manner as the DCCR,except that so long as WSC or its permitted successors and assigns(which does not include individual Residential Unit owners or Marina Unit owners), owns any Residential Unit or a Marina Unit, or any property which can be made into a Residential Unit or a Marina Unit,any amendment to this Supplemental Declaration shall also require the consent of WSC, or such permitted designated successor or assign; provided however, the obligation to obtain WSC's consent shall no longer be required as to any property which can be made into • Marina Unit if other Marina Units have been created and no new Maritsa Units have been created for a period of five(5)years. 25. Conflicts. In the event of a conflict between the provisions of this Supplemental Declaration and the provisions of the DCCR as to the WSC Property, this Su make Declaration shall control;however,interpretation shall be made to the degree possible the two documents consistent, [SIGNATURES ON THE FOLLOWING PAGES] 13 • t h • - IN WITNESS WHEREOF, the Parties hereto have executed this Supplemental N:claration on the date first set forth above. WSC NAPLES,LLC,a Florida limited liability company,by Pint Name: /4 ft AO u� CRS Organization,Inc.,its Manager Print Name; r ( "014 • By: / • •• Name: Title: STATE OF FLORIDA ) } SS: • COUNTY OF BROWARD ) The forgoing instrument was acknowledged before me this c9c. day of 1'V/cv(.k , 2013, bye. Abe. - , as l>>r,e rL. .i J-' of CRS • Organization,Inc.,as Manager ofSC Naples,LLC a Florida limited liability company,who is rs y 010ma.10,4e or who has produced as identification. My commission expires:,7)4 N`TARY PUBLIC,State o lorida at Large Print Name: 1,,• t eNne Dv- v, l`..; L DIANE JORDAN ► • *?MY COMMISSION n OD987896 • 4$1/.4:4,,, EXPIRES Febioary 02,2014 3f103 RoMoNda ,ory ecom 14 1 1 1 1 . Alp `'._____7 WINDSTAR ON NAPLES BAY. i MASTER ASSOCIATION,aploxlda not pry, e. for-profit corporation lit ' ' ) . By: t Name: 'N _ !IM1 a 1 riot Name: • �• �• 1 ' r�1 STATE OF..1 Ior 44 ) . ) SS: . COUNTY OF C fl i I t V f) The f• Bing ' me . was aoknow dgeci�b o me this ay of 41,/: • 2U�by ,. 4 0 .ll as p-hi tMn) of'Windstar on Naples Hay Master Assooiation,a Flor da not-for-profit corporation,who is personally known to me er-who— ;. .,.• iiiw ......„...7„...„7,.. ....._____t_______i My commission expires: NOT 1',•p- =LI ,State of tn,i at Large . ` ,--Print ame: An 6 '' . . :'• 'h r QHLFAAQUHAR ., , MY COMMON HE20 030 EXCAES:Jm17,20t6 ,y1 15 3 d t i 7 'Y 3 METED JOINDER BY CENTERLINE HOMES, INC. FOR THE PURPOSES AS SET FORTH IN SECTION 18 OF THIS SUPPLEMENTAL DECLARATION. 1 4S t CENTERLINE HOMES,INC. a Florida corporation r.. Print Name: I �.L�l ,L,,.J -A:41111Y;1# , if • By. ��~ �C�' _.r„J Name: - Title: Print Name: .�41 _ Ai Lac STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) The forgoing instrument was acknowledged before me this. day of a , 2 0.0 by Rohe dit- .S t P ie.t.e ,as r>1 cu.0 of Centerline Homes, Inc., a Florida corporation, who is ,personally known to me or who has produced as identification. My commission expires: Di 4 1 1 TARY PUBLIC,State i-I ate Large Print Name: C‘ 1 tine av-c Cq ' ,0y/. L DIANE JORDAN `•; j'3 MY GoMMI8SIRN n OO987895 � �;�;o EXPIRES Fobroa I OL 201449 X07 S9a�!1�...,._ Flptdpxaw en�.tan 16 �g€ • EXHIBIT A , AL DESCJWF ON OF PROPERTY i1 i. 17 . , EXHIBIT"A" . Legal Description • .. . . . PARCEL 1: • • A portion of the Northwest quarter of Section 14,Township 50 South, Range 25 East, and a - _ portion of the ,,Southwest quarter of Section 11, Township 50 South, Range 25 East and the West 330.00 feet of Lot 42, Naples Groves and Truck Co.'s Little Farms No. 2 as recorded in Plat Book 1, page 27, of the Public Records of Collier County, Florida, as being more particularly described as follows: Begin at the North quarter corner of said Section 14;thence South 00° 13' 02" East, 1331.46 feet along the West boundary of Gulf Shores,as recorded In Plat Book 4, Page 50 of said Naples Groves and Truck Co.'s Little Farms No, 2,the same being the North-South quarter section line of said Section 14 to the Northeast corner of Windstar, as recorded In Plat Book 14, Pages 11 through 15 of said public records; thence along the boundary of said Windstar the following courses: South 89° 35' 14"West, 330.45 feet; thence North 00° 13'07"West,462.39 feet; thence North 89° 35' 11" East, 30,47 feet; thence North 00°.13'07"West, 1389.23 feet; thence South 89° 34' 18"West,'314.39 feet; thence South 68°04'16" West,50:12 feet;thence leaving • the boundary of said WIndstar, North 00° 17' 06"West, 197 feet, more or less,along the West boundary of the Southeast quarter of the Southeast quarter of the Southwest quarter of said Section 11 to the South bank of Haldeman Creek; thence meander Easterly along said South bank to its Intersection with the North-South quarter section line osa S said Section 11 and the West boundary of Demere Landing as recorded in Plat Book 4, page public records; thence South 00° 18' 15"East, 164 feet, more or less,along said quarter section line and West boundary of said.Demere Landing to the Southwest corner of said Demere Landing and the Northwest corner of Lot 42 of said Naples Groves and Truck Co.'s Little Farms No. 2; thence North 89° 30'34" East,330.00 feet along the South boundary of said Demere Landing and the North boundary of said Lot 42; thence South 00° 18' 15" East, 337.30 feet,parallel with the West boundary of sald,Lot 42,to the South boundary of said Lot 42 and the North boundary of said Gulf Shores; thence South 89°27' 51"West,330.00 feet,along the South boundary of said Lot 42,and the North boundary.of said Gulf Shores to the Southeast corner of said Lot 42,the Northwest corner of said Gulf Shores and the North-South quarter section line of said Section 11;thence South 00° 18' 15" East, 334.79 feet along said quarter section line and the West boundary of said Gulf Shores to the Point of Beginning. LESS AND EXCEPT: ' • Commencing at the North 1/4 corner of Section 14,Township 50 South, Range 25 east,. Collier County, Florida;thence along the•North-South quarter section line of said Section 14, South 00°13'07" East 1001.74 feet to the Point of Beginning of the herein described parcel; _ thence continuing along the North-South quarter Section line,South 00°13'07" East 329.53 feet; thence South 89° 35'14" West 330,47 feet;thence North 00°].3'07"West 329.53 feet; thence North 89°35'14" East 330,47 feet to the Point of Beginning, LESS AND EXCEPT THEREFROM the present or former beds or bottoms of lakes, rivers, canals,or other bodies of water located on or within the lands described herein, ' F ' t • • PARCEL 2: A parcel of land lying In the Northwest quarter of Section 14,Township 50 South, Range 25 East, Collier County, Florida and being described as follows: Commencing at the North 1/4 corner of Section 14,Township 50 South, Range 25 East, Collier County, Florida; thence along the North-South quarter section line of said Section 14, South 00° 1.3' 02" East, 1001.74 feet to the.Polnt of Beginning of the herein described parcel; thence continuing along the North-South quarter section line,South 00° 13' 02" East, 329.53 feet;thence South 89° 35' 14" West, 330.47 feet; thence North 00° 13'07" West,329.53 feet; thence North 89° 35' 14" East, 330.47 feet to the Point of Beginning. PARCEL 3: The West 140 feet of Lot 47, of Naples Grove and Truck Company's Little Farms No. 2,• according to the Plat recorded In Plat Book 1, Page 27,of the Public Records of Collier County, Florida, EXCEPTING the North 30 feet thereof, • • • Windstar on Naples Bay is nestled along 2 miles of Naples Bay eastern shore and Haldeman Creek frontage. By land, we are just seven minutes to Old Naples and by sea just one mile across the Bay to Naples Dock and Marina where world class shopping and dining awaits. To the west there is immediate access to Gordon Pass into the Gulf of Mexico along the Port Royal corridor or a southbound inland waterway to Keewaydin and Marco Islands. • r t r . t 1I1-- Windstar on Naples Bay is Naples' only gated golf community with its own private deep-water marina with direct access to Naples Bay and the Gulf.Naturally boating is an important part "Windstar Living". Southpointe Marina has 72 slips and can accommodate yachts up to 70 feet. Approximately one-in-seven Windstar on Naples Bay residents moor their boats at Southpointe. Boating enthusiasts enjoy Southpointe's direct water access to cruise and fish in Naples Bay,Gulf of Mexico and for many,the Bahamas. The yacht club has its' own clubhouse with a large decked swimming pool where social mixers and events are held for members. `Ali►rftstar sit°� n,f N.,prr`, PRIVATE MARINA MEMBERSHIP Am on awoor of a hoot*lip at Ova Yacht I(Arbor?Amino ynn ran rtwo,m!a bo a rnansbor of tha Prlvato M..rina ant Yarhl Itaaln 1oCAlatt Wlthin WlndwtAr an Noptw 0oy.Th.Is.wailabtu ourlualvuly to o altar*of n Mani Alp.Uoat*1tp+.r:+mho In M.ro from 33 foot to 72 fort wftf..o 8 fact mean low Udo.A +y.mrlerly mat n l.rn.anry foe of apprawlmototy$*AO••required will mom.en.hlp. Vor more information pleatta contact Southpoint Marina at 239-774-051e or aou thpointyachtcl ubdoccnhuylink.not Admirals Watch 1 16 Naples Bayfront Condominium Residences $H Ate. Admirals Watch is magnificently located directly on Naples Bay near the new Windstar Clubhouse,providing stunning panoramic views of Naples Bay, the grand estates of Port Royal and the Tom Fazio designed Windstar Club golf course. Residents in the sixteen luxury condominium residences enjoy an amenity-filled lifestyle that only a privileged few can attain. During the day, nature and marine life entertain, giving way to spectacular sunsets at dusk and a romantic view of the twinkling lights of Olde Naples and Port.Royal at night. Each residence has at least 3 bedrooms, 3 1/2 baths, large living spaces and screened terraces with 10-12 foot ceiling heights. No two homes are alike. Each has been designed to impress and deliver luxury to its owners. Private direct elevator service and 2 to 3 car garages allow easy coming and going. Admirals Watch also has eight deep-water privately owned boat slips directly located on Naples Bay, which include put-of-water docking lifts. The private community pool is spectacular, with natural boulders and lush landscaping and a generous patio area. Its proximity to the Windstar Clubhouse also brings immediate walking access to the tennis facility, new fitness center and, of course, the club's water-view dining and cocktail lounges and terraces. June 13, 2014 Fred Reischl Collier County Planning Commission Naples, FL 34109 Dear Mr. Reischl: As a property owner on Halderman Creek, a taxpaying member of Halderman Creek Municipal Service Taxing Unit (MSTU) and a boater on Halderman Creek, I would ask you one simple question, "Have you ever sailed a boat down Halderman Creek at low tide facing an oncoming vessel?" if the answer yes,you would see the folly of extending docks further into the waterway. It currently can be difficult under the above circumstances. If you allow 42 docks to protrude an additional 32 feet into the Creek, it could create a potentially dangerous situation. I strongly encourage you to vote NO on Halderman Landing Petition#BDE-PL20130001765 for the following reasons: 1. Safety issues. 2. Natural beauty issues. 3. Not a matter of right, 4. Existing zoning does not permit. 5. It would set a bad precedent for other waterfront owners. 6. A yes vote will only benefit the developers to the detriment of all other parties. Thank you for your consideration. William D.Marsh 2772 Riverview 2831/41 Gulfview • jji June 11, 2014 • Dear Chairman and Members of the Collier County Planning Commission, I am writing in response to the petition for the boat dock extension along Haldeman Creek. I do not support the petition on behalf of Standard Pacific of Florida GP, Inc.to allow over the maximum 20 feet. I live directly across from the subject property and have for 11 years. Having viewed the waterway every day,these are my concerns: - 1) The navigational hazard will be atrocious. 2) The increased noise levels produced by boats and boaters from 42 boat docks so close to my home will most assuredly be unacceptable. 3) While Haldeman Creek may appear to be 120 to 150 feet wide, it is very shallow. It is so shallow that it required extensive dredging about six years ago.But since the dredging took the depth to 4 feet at mean high water for only the center 15-20 feet of the creek, the actual navigable waterway is very narrow. Extending dockage beyond the 20 feet allowed by an additional 32 feet(that's 160%over the current allowable)will further strangle the waterway. 4) The addition of so many new boat slips that extend so far into Haldeman Creek will also seriously compromise my scenic view of the canal and severely lower my property value. The waterfront property that I purchased 11 years ago will become the equivalent of a parking lot jammed with 42 more boats extending nearly 1,000 feet long. I know of no assemblage of docks this large in all of Collier County. 5) If it is petitioner's intent to become part of Windstar, I believe they have other options including enlarging the current Windstar dock facilities closer to Naples Bay. Also, with the 64 homes that are planned to be built on the property, I doubt that 42 of the 64 homes owners will be boaters. That community is more of a golfing and tennis community. Additionally, I have been told that unsold docks will be deeded to others either in or out of Windstar making the docks more of a"city docks" environment than a private owner's dock. s t 6) Because Haldeman Creek is so shallow and so narrow, I have to plan my boating activities. I have a boat lift which is not usable during low tides. 1 am fortunate to have a small wooden dock near my lift with mooring whips that allow me to tie up in slightly deeper water until the tide returns and I have enough water to put my boat back on my lift. When purchasers of the proposed docks discover the bows of their boats in the muck along the bank (even after dredging)they will more than likely tie up their boats toward the rear of their docks farther into the main channel. I fear that this will make a bad situation worse. We have been told that this will be a code violation which will put me in the unenviable position (since I am closest and most negatively affected by the entire project) of having to call Collier County Code Enforcement to correct the problem. This will be true for every dock whether it has a lift or not. I appeal to each CCPC member on the board to be very mindful while making a decision to disrupt the last"Old Florida" area in a Naples boating community that has not been overdeveloped. Thank you for taking time to read my concerns. K/eCe.-c--k;key Kate Riley 2998 Poplar Street Naples,FL 34112 239-774-4411 • June 13, 2014 Mark P. Strain (Chair) Collier County Planning Commission 3675 3rd Ave. NW Naples, FL 34120 Dear MrStrain: As a property owner on Halderman Creek,a taxpaying member of Halderman Creek Municipal Service Taxing Unit(MSTU) and a boater on Halderman Creek, I would ask you one simple question, "Have you ever sailed a boat down Halderman Creek at low tide facing an oncoming vessel?" If the answer yes,you would see the folly of extending docks further into the waterway. It currently can be difficult under the above circumstances. If you allow 42 docks to protrude an additional 32 feet into the Creek, it could create a potentially dangerous situation. I strongly encourage you to vote NO on Halderman Landing Petition#BDE-P120130001765 for the following reasons: 1. Safety issues. 2. Natural beauty issues. 3. Not a matter of right. 4. Existing zoning does not permit. 5. It would set a bad precedent for other waterfront owners, 6. A yes vote will only benefit the developers to the detriment of all other parties. Thank you for your consideration. William D. Marsh 2772 Riverview 2831/41 Gulfview ReischlFred From: Kate Riley[kjbnaples74©gmail.eom] Sent: Thursday,June 12,2014 9:53 PM To: ReischlFred Subject: Re: Haldeman Creek boat dock extension petition Dear Chairman and Members of the Collier County Planning Commission, I am writing in response to the petition for the boat dock extension along Haldeman Creek. I do not support the petition on behalf of Standard Pacific of Florida GP, Inc. to allow over the maximum 20 feet. I live directly across from the subject property and have for 11 years. Having viewed the waterway every day,these are my concerns: 1) The navigational hazard will be atrocious. 2) The increased noise levels produced by boats and boaters from 42 boat docks so close to my home will most assuredly be unacceptable. 3) While Haldeman Creek may appear to be 120 to 150 feet wide, it is very shallow. It is so shallow that it required extensive dredging about six years ago. But since the dredging took the depth to 4 feet at mean high water for only the center 15-20 feet of the creek,the actual navigable waterway is very narrow. Extending dockage beyond the 20 feet allowed by an additional 32 feet(that's 160%over the current allowable)will further strangle the waterway. 4) The addition of so many new boat slips that extend so far into Haldeman Creek will also seriously compromise my scenic view of the canal and severely lower my property value. The waterfront property that I purchased 11 years ago will become the equivalent of a parking lot jammed with 42 more boats extending nearly 1,000 feet long. I know of no assemblage of docks this large in all of Collier County. 5) If it is petitioner's intent to become part of Windstar, I believe they have other options including enlarging the current Windstar dock facilities closer to Naples Bay. Also,with the 64 homes that are planned to be built on the property,I doubt that 42 of the 64 homes owners will be boaters. That community is more of a golfing and tennis community. Additionally, I have been told that unsold docks will be deeded to others either in or out of Windstar making the docks more of a"city docks" environment than a private owner's dock. 6) Because Haldeman Creek is so shallow and so narrow, I have to plan my boating activities. I have a boat lift which is not usable during low tides. I am fortunate to have a 1. small wooden dock near my lift with mooring whips that allow me to tie up in slightly deeper water until the tide returns and I have enough water to put my boat back on my lift. When purchasers of the proposed docks discover the bows of their boats in the muck along the bank(even after dredging)they will more than likely tie up their boats toward the rear of their docks farther into the main channel. I fear that this will make a bad situation worse. We have been told that this will be a code violation which will put me in the unenviable position(since I am closest and most negatively affected by the entire project) of having to call Collier County Code Enforcement to correct the problem. This will be true for every dock whether it has a lift or not. I appeal to each CCPC member on the board to be very mindful while making a decision to disrupt the last"Old Florida" area in a Naples boating community that has not been overdeveloped. Thank you for taking time to read my concerns. Kate Riley 2998 Poplar Street Naples,FL 34112 239-774-4411 2 ReischlFred From: Roy Wilson[roy,wilson©gmail.com] Sent: Monday, June 09, 2014 2:07 PM To: StrainMark; HomiakKaren; Ebert Diane; DoyleBrian;RosenMike;ChrzanowskiStan; RomanCharlette; eastmath @collier.kl2.fl.us Cc: ReischlFred;CasertaAshley;JourdanJean Subject: Dock Facility Extension Petition-Haldeman's Landing Attachments: DESCRIPTION OF PROJECT with integrated responses 6-8-2014.docx Dear Collier County Planning Commission Members: I am Roy Wilson, Chair of the Haldeman Creek Dredging MSTU,writing directly to you at the suggestion of Fred Reischl,Principal(County)Planner for the Haldeman's Landing Dock Extension Petition. Our MSTU became aware of this petition because of questions being raised by local residents. After gaining a copy of the petition(through Mr.Reischl)we invited him to attend our MSTU meeting. Our MSTU meetings do not normally attract attendees,however this one did. There were many questions and statements made by these attendees,including a request that we get involved. The attached is my summary of input and observations related to this proposal. I have taken the County's "Criteria",and by "Cut&Paste",have presented 1)the Criteria Statement"2)The Developer's Response[heavy underlined material] 3) My comments related to the Developer's Response [these are highlighted in Yellow]. Hopefully,the attachment format will aid you in understanding the petition from the Developer and my comments,all for your consideration. Respectfully submitted, Roy Wilson Chair,Haldeman Creek MSTU DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility,any other pertinent information): Description of Project Haldeman's Landing is proposing to construct a new docking facility that will protrude approximately 52feetfrom the MHW line. including approximately 8.070 square feet of over water structure and consists of 42. slips,for the residents of the proposed subdivision. h the area of the proposed docks.the aoolicant owns the shoreline on both sides of the creek and the bottomlands of Halceman Creek. The layout will consist of a 473-ft- Jong by 6-foot-wide shore-parallel dock thathcludes>yvelve 30-ft-lonq marginal slips and 22-ft-long.27-ft-long. and 30-ft-long by4-ft-wide finger piers allowing perpendicular moorina for 30 of the 42 pr000sed mooring slips. The docks are located with in man-ajtered channel which connects Haldeman Creek to Naples Bay and further out to Gordon's Pass. The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths measured at no less than 5-foot increments 2)A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each. Directly across the creek at the pr000sed development. Sanctuary at Demere. . ,.i . k . .nt_. f._ .. k . • .'n• •-f-- •mth- MHWL.(The Sanctuary at Demere Landing development plan escaped local scrutiny, we cannot find any neighbors_aware that docks were permitted for Sanctuary at Demere Landing). At Royal_Yaght Services acommercial marina east of Haldeman's Landing; existing docks protrude approximately 46-feet from the MHWL.(Not comparable as these docks are extending from cement seawalls built many years ago and in one case recess into the landowners property) PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) Tlie proposed multi-family dock facilitates the moorina of 42 vessels. The oronertvhag 9381inearfeetofshorelinealongthesouthernportionof }ialdemanCreek.which the I ocationofthe proposed dockingfacility.The remainder of the shoreline will not have, •ocksbuiltont. ( Misleading as the dlagrahm i,jdicates they want to use ALL of their frontage on Haldeman Creek • lus frontage • i a • ortion of Winds ar • ro • ert . . , - proiect site aualifies as a moderate ranking under the MPP. This equates to 10slios per 1 00feet of shoreli neor a total of93slins.(10 slips per 100 feet would not accommodate 25' and 30' boats)(Most boats of these lengths are 9 to 10 feet wide...needing 11 to 12 foot wide docking space.) The 42 slios DroDO$ect i s well Ider what is allowed • the MPP and is alsowell under the one slip pernnit guidelines. (How many living units are proposed?Collier Cryunty staff has determined that the proposed docking facility is consistent with the Collier County Manatee Protection Plan. 1 Ho- • • • • O!• . . ' :•.g.•g . r. ,. • •••-%g•fa ", i n relatiort to length of shoreline. location. and the number of dwelling units proposed on the uoland.(This does not tell the whole story,whereas you can make this work with the'numbers', it does not consider the impact on the area and use of Haldeman Creek by other boaters. Their desired design creates of'bottleneck'on the waterway which is both a safety and astetic, concern.) The lengths of the vessels are also congruent with neighboring properties and aopropriate for the size ofthewaterway.( If approved [which we do not support], will the cjeyeloper certify th t the docked boats will not extend beyond the outer pilings shown on the diagrams? 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) The attached survey indicates water depths are not adeauate to moorthe vessels tithe proposedsiios. Dredaingwill be performed inordertomoorthevessels • _ • - _ 1 • c .1. .. I • - • - • •1i1 •t _ ,: - • - _i 1=1i ._ • minimum. This waterway has been dredged in the pastsothiswill be a maintenance dredgeend not newd.redoing.( The dredged channel is the cgnter 40 feet of Haldeman Creek, the area they propose to dredae is NEW DREDGE1 will not connect with the dredged channel. therefore a 'sandbar effect' will exist between the dredged channel and the developers proposed, NEW dredae) An extension sstill reauired dueto the width ofthewaterway in relationtothemeanderinaMHWL.(The extension is ONLY required because the developer has requested docking perpendicular to the shoreline) (Additionally, the effect of the extension is to narrow the channel bringing arrival and departure safety into question. 3. Whether or not tie proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) The proposed dockingfacilitywjll not hipedenayigationofthe waterway. Itdoes notorotrude htothe designated channel.as shown onthe attached exhibits.The width ofthewaterway alone the proposed docks will vary from approximately 07 feet to over 120 feet inwidth after the construction of the proposed docks. Therefore 50)of the width of the waterway will remain open and no adverse Mucts to navigation are anticipated. ( Do not agree with their measurements and description. Their measurements overstate the width of the waterway. First, the mangrove overgrowth narrows the waterway. Second, depths at low tide make, much of the creek unnavigatible. The docks, if built, would create a bottleneck where two passing boats would be dangerously close. Further, boats leaving their docks would blindly enter the channel and then block the channel till their maneuver is complete. And, arriving boats would create similar blocking as the swing out to align to the dock before completing their arrival.) Boats making these maneuvers will need to use portions of the waterway that are very shallow with danger of running aground. There is a big safety concern. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)). There are portions of the proposed docking facility that exceed the 25%width of the waterway when measured from the MHWL_ta )VIHWL.butthis does not represent the width of the navigable waterway. The MHWLextends upland Mottle mangroves.far beyondthe navigable boundaries of the waterway. When measured from the navigablevijdth of the watenyey.there s more than 50%of the width maintained for navigation. The applicant owns the creek bottom lands and the land on the 0000site side of Haldemap Creek across from the proposed dockingfacility. That shoreline has been placed intoa Conservation Easement which does not allow docks to be built on it. (The above statement by the developer shows that the.plan exceeds the code e.g.25%). We contend that the proposed docks create an unacceptable narrowing of Haldeman Creek at this location, especially after Santuary at Demere Landing is built. ( Do not see where ownership of the creek bottoms gives the owner any special priviledges.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) The proposed docking facility will not interferewith the use of any peighborina docks.(Other than the bottleneck created, boats arriving to and leaving from the neighboring docks at Sanctuary at Deere Landing will be dangerously m close to •ro•osed • • ks Th- e'- • • •n-. • • ••• -• •• .k e- t ' _ . r- . .0. • waterway width is m i tained. Percents (°lo) are of little significance vs actual measurements of the open waterway. Additionally, when boats are arriving and departing fr m the perpendicular docks, it again shows how the 50% is not sufficient safe separation) The shoreline of Haldeman Creek directlyacrusfrom the nrogosed facility ow ianed bytheapplicant and was placed into a Conservation Easement meaning no docks can everbe built on this portion of the creek (Most of the opposite shoreline is owned by the applicant, but not ALL, as state d)This makes the rtiavigablewidthas brge or targerthananyother devloped area of Haldeman Creek.( Just not true. Check width measurements at NLYH) SECONDARY CRITERIA 1 Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds)) The proposed docking facility would be constructed on a shoreline with 11.1- 1• • "I " al • . =► "h • k - -r. Th-: 14 • is located a s bst- • '-`d' •r th .-vi• -•I;ch .• =1 - : • greater distange for the BOE. Also the applicant owns the submerged bottomlands of the creek send the opaositp shoreline in the area Qf the proposed project.(There are no special conditions that force the current design other than the developer wanting to maximize the number of docks he can sell)( Don't see the significance of ownership of the submerged bottomlands other than not Navin• to •a rent to the ount or State i.e. sounds im•ressive but 'so what')) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) T • a access parallel dock and four foot wide finger piers. These are minimum dimensions for safe mooring and pedestrian travel on dock designed for vessels in the 25 to 30 ft range. This allows for (wooer safe access for badina.unloadina.and routine maintenance,white minimizing overwater deckinaiea (ls it enforceable that no part of a vessel can extend past the end pilings of the finger piers as they extend into north Haldeman Creek ??) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained)) This criterion is not applicable as this is a multi-familyproject.. (Technically correct, but shows that there was an intent in the code that docks should only cover a portion of one's waterfront property vs 100+% covered in this application.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not have a major impact on the view of either property owner.)) The Proposed docking facility will not interfere with any neiahboring propertz owners'views of the waterway. The applicant owns the opposite shoreline, most of which has been placgd into a Conservation Easementwhich does not allow docks to be constructed on.( Again, states that they own all of the opposite shoreline when that is not true) There are only a etude of residences across the creek to the east that would have a view of the proposed docking facility. (Applicant states that the project will not interfere with any neighbors views, yet they retention that `couple of residences would have a view... confusing point) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If seagrass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated))None known 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.11 of this code, ((If applicable, compliance with Section 5.03.06.E.ii must be demonstrated)) __._ .r." . . h- • '- • . t u - . - _- P • -n ion P -. - applicant believgg, that the'proposed project aualifles asa moderate ranking butwggld quailisy as a p erred ranking once the maintenance dredging is complete. Proposed water depths are 4- feet Mean Low Water(MLW). No impacts to any native marine habitat is being proposed. Additionally.the manatee mortality rate is less than 20% within a 5-mile radius of the proposed project site. With this ranking and the overall, owned shoreline the proposed dock desian meets the necessary criteria for • • .v- . Ifth- dredge *Ian cr-atesasandbar...manatee and/or dol•hincould become trapped between the shoreline and deeper center of Haldeman Creek) In summary, First, We do not believe that the Planning Commission should grant the requested extension. Casual interpretation of their submitted drawings indicate that they would be able provide approximately 26 dock spaces (30' boats) with all boats docking parallel to the waterway (even more slips are possible should they allocate based on 25'length boats). Therefore, 'Code' without an extension, allows them to build a significant number of clocks parallel to the shoreline and this would be more consistent with the majority of docks in the Haldeman Creek area. There will be less impact on the recently dredged channel in Haldeman Creek and less erosion of the North bank of HC. Safety issues will be minimized with a wider channel and there will be better aesthetics. Less docks would mean fewer "cuts through the mangroves" and therefore less impact on the environment. Their dredge plan still needs more review to avoid trapping (as mentioned above). We respectfully suggest that the Planning Commission deny the current application. Roy A. Wilson • ReischlFred From: igotidea@aol.com Sent: Friday,June 06,2014 1:55 PM To: ReischlFred Cc: BartlettKristi Subject: Petition BDE-PL20130001765 opposition Attachments: Petition BDE-PL20130001765.docx To: Collier County Senior Planner Fred Reischl Collier County Planning and Zoning Collier County Commissioner District 4 Fred W. Coyle Re:Petition#BDE-PL20130001765 I am strongly opposed to the 32 foot boat dock extension over the maximum 20 foot limit allowed by section 5.03.06 of the Collier County Land Development Code for a total protrusion of 52 feet to accommodate a 42 slip multi-family docking facility for the benefit of a 19.06+1-acre project to be known as Haldeman's Landing in sections 11 and 14,township 50 south,range 25 east,Collier County,Florida: 1 am strongly opposed to the plan to extend the dock space beyond the maximum allowed in order to accommodate additional dock space. The Bayshore area is s simply growing too rapidly,and soon to endanger the protected and preserved area of our beautiful Naples.Haldeman Creek is a narrow passage and restrictions have been put in place to prevent damage to the area and to protect the mangroves. The proposed dock extension would allow the complex to be entirely disfigured,and ruin its integrity.As it stands now,Bayshore is a vital economic engine for Collier County,but a well-preserved link to the"old Florida living"of our city.Please don't allow this to be ruined. Please do not allow an unnecessary special treatment to ruin this beautiful area. Sincerely, Debora Brandt,Collier County Resident 1 June 9, 2014 Mr. Fred Reischl Senior Planner Planning & Zoning 2800 North Horeshoe Drive Naples, Florida 34104 Subject : HALDEMAN CREEK DOCK EXTENSION PETITION Dear Mr. Rieschl, Thank you for the information and guidance regarding this Petition process. Enclosed my letter to the CCPC. Would you please forward it on to them. Sincerely, Yi)14-4*4'4'4*?-'°•—• Robert F. Messmer 2878 Orange St. Naples, Fl. 34112 775-3493 June 4,2014 Subject:HALDEMAN CREEK DOCK EXTENTION PETITION Chairman and Members of the Collier County Planning Commission, Last night at the regularly scheduled meeting of the Bayshore/Gateway Triangle CRA Advisory Board,this project was presented for information only,and no vote was called for. The meeting was attended by all 7 Board members,County staff representatives for the Petitioner,and over 40 property owners who will be negatively effected should this project be approved.There was not a single voice of support for the project and many chose the opportunity to articulate their reasons for their opposition.This portion of the meeting was recorded,and I urge this Board listen to the discussion. It is a poorly conceived plan and the Petitioner has several other alternatives for the design and locations for the 42 slips. Let me first point out some misleading statements and errors in the Applicants Petition. The Applicant repeatedly mentions these slips will accommodate 25 and 30 foot long vessels.In the boating industry,a boat's length is measured from the outermost surface of it's structural bow to the outermost service of it's structural steel.Importantly,these 25 and 30 foot lengths do not include bow sprits,bow pulpit protrusions,bow anchors, rudders,outboard motors,stem swim ladders and steps.These protrusions can easily add 2 to 3 feet or more,to the overall length of a boat.County staff has stated,that any portion of boat protruding beyond the Northerly dock pilling will be a violation of code and the owner of the slip will be cited by Collier County Code Enforcement.It will be interesting to hear the Real Estate agent's response when asked by a potential buyer," will this slip accommodate my Carver 30 with three 250 HP motors?" The applicant states the area to be dredged has been dredged before,hence this will be a maintenance dredge.The proposed area is along the South shore line which has never been dredged since Haldeman Creek was first created by the initial dredging. The Applicant states that only 2 residences will have views of the docks.At least 6 residences to the Northeast and at least six residences in Land Yacht Harbor will have views of the docks. The Applicant makes several misleading statements regarding its ownership of the property on the North shore.The Applicant attempts to conceal the fact that the owner of a parcel on the North shore already has permits to construct 6 slips which will protrude South,beyond the allowed 20 feet See Exhibit"A" I am told by County staff that a drawing,the same as,or similar to Exhibit"A"will not be provided by the Applicant for inclusion in your informational packet,but will be mentioned June 19.This is the most dangerous location,with boats backing out of their slips on both the North and South sides of the Creek. Poorly conceived because: The docks restrict safe passage,especially for large wide beamed work boats,catamarans and trimarans which can have beams of 30 feet or more,and especially at the location shown in Exhibit"A". The docks negatively effect the nearly 400 property owners upstream of the docks, especially the four commercial property owners,three of which depend solely on easy and safe passage in Haldeman Creek. The 30 slips perpendicular to the Creek are the most dangerous.The boat backing out of her slip,is the give-way vessel,and will not be able to see a boat traveling in the Creek, which is the stand-on vessel,until it's stem is well into the Creek.A 30 foot boat will completely block the waterway until it is able to turn and proceed East or West. Other alternatives: Change the 30 slips perpendicular to the shore,to slips parallel to the shore.To still accommodate 42 boats,extend the dock further West or build docks at one or more of the following locations. Build some of the 42 slips along the east shoreline of the Applicants property. This segment of canal is not used by boaters proceeding further South since they use another canal just to the East.'s Since this development will be a part of Windstar,expand one or both of Windstar's docks located in the large bay Northeast of channel marker"24". Respectfully submitted, Robert F.Messmer 2978 Orange St. Naples,Fl. 34112 5---5 r L. ii 6XI11131'T ''A ,4 } W4 &1, MMW LI �� ' I [[[4 f%('''r I '.,'4.;' �... -• \,. Yom. .._.._----___..__.— 0 �1 0 25 50 111' 3 7696 j MLW LINE I— 'APPX.50%WIDTH 87.8' 50% i I QF w VA 1 I 31' 28' 25% B-1114 1 Lvtle4v4-��!�yJ ` / {�`/i�� A t,h� t�+/��y'► F.\J }t V ,A14-' 4 ._ ., �w—! 18'S 4 • UP °I+3 l O 92P*TO NEXT ACCESS s 35'L n 36'Y , 51't Ili pi 0_1 L Sz MLW LINE OMB THESE DRAWINGS ARE FOR PERMITTING PURPOSES 9.3 MH W LIKE LY AND ARE NOT INTENDED FOR CONSTRUCTION USE. o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. _ PROPOSED OVERWATER STRUCTURE:APPX.ROTtm SF ---LENGTH- _. -- o TIDAL DATUM:MLVW(- NOVO,ISHW(+)1.6 NOVD. I CODE LENGTH 1ARDTH ®� a TOTAL PROTRUSION FROM MHW LINE:APPROX 44 FT. �a ON BOAT UM OPTIMAL POR ALL SUPS -- �- --- o DREDGE AREA:4105 CU.YDS. ' j I+ 25'i4' I - SURVEY COURTESY OF"SSLS Surveying,Me." SURVEY DATED:03.6:407 ii it 30' 15' n SURVEY FOR NORTHERN SHORELINE PROVIDED BY _- ,.. 'W L500 SLLER`SURVEY DATED 0224-20. L ... -- ...TOTAL APPLICANT OWNED SHORELINE:302 L.F. L TOTAL �, T1lrrell,Il2ll8'Associates, nc, HALDEMAN'S CREEK :!Ie■ - = —.4�� Menne&Environmental Consulting 'r 11:1 esss / - 3S84Elelaegc km Silk B.Nlpha,PL Y11443732 PROPOSED-SECTION B SRCTION-44.23TOWNSHIR 500 RANGE-200 - --. FMort(239)6414166 Mt(239)61 . April 13, 2014 Mr. Fred Reischl Collier County Government Dear Mr. Reischl: My name is Robert Buelow and I live on Poplar Street on the east side of Naples. Our home is located on Haldeman Creek and we are directly across from the canal finger that meanders into the pond and finger canals going down Bayshore Drive. My wife and I are both opposed to the dock extension request being made by Standard-Pacific, Inc.There are a number of reasons. First and most important is that the canal simply isn't wide enough or deep enough to accommodate that level of intrusion into the main canal. I have attached several photographs taken in 2012 or 2013 showing how a low storm tide drastically limits the width of the navigable waterway. The canal is so shallow that it required a massive dredging project about six or seven years ago. The end product of that dredging accomplished a minimum depth of only four feet at mean tide but only for the center 15 to 20 feet of the waterway.Anytime opposing boat traffic forces another boat to steer toward the bank, that boat is in jeopardy of having to clear areas that are too shallow to pass.This forces boats to pass each other way too closely. Secondly,the addition of more than 40 slips will invariably create additional noise throughout the days and evenings that are frequently above acceptable levels already. Partying boaters seldom have a full appreciation for how easily noise travels on water. Also, I have heard that a property owner on the north side of the proposed development has previously requested permits for six docks to extend up to 42 feet(or 22 feet beyond the current code restriction.) At a mean tide, l measure about 140 feet from bank to bank. If one developer is allowed a 32-foot extension totaling 52 feet(20 plus 32) and the other docks are built to 42 feet,the total intrusion into what will become a massive bottle neck would be 94 of just 140 total feet. This is not adequate for a busy waterway that feeds so many homes and businesses upstream. As it is, the boat works down the canal from us has daily traffic including huge cabin cruisers in excess of 40 or 50 feet in length. My understanding is that these boats have to wait for a higher tide to get to their destination even after the dredging of several years ago. Yet another reason for our objection to the petition is that it will seriously change the view that we have from our property of a mangrove-lined waterway. And since the property is adjacent to if not part of the Windstar development, it seems that the developers have an alternative option to construct docks out closer to Naples Bay where the current Windstar docks are located. If not there, there are more limited but still usable dock possibilities around the "pond"located south and east of the proposed additions. Finally, I have serious concerns about two operational elements of the petition. 1. The timeline to react and research the petition is way too short and too late in the "winter season" for many affected people to respond raising questions about the petitioner's intention to rush the process through without adequate community input. 2. Including only those within 500 feet of the proposed project excludes many other homeowners and businesses that will definitely be affected by the final decision on the project. I certainly hope you will carry our concerns forward to the appropriate individuals. Thank you for taking the time to read my letter and look at our photographs. Robert D. Buelow Suzanne R.Buelow 2997 Poplar Street Naples FL 34112 239-774 7462 NOTE: I believe all of these photographs are taken from 2998 Poplar Street which is located due north of the proposed docks. ,� "I /' } r , n ■ • l ' 1 / '1 I/ ,. ... A 4:.i :;k:,',' ,, ,h . mss." '''''.7.-:+- ;... . �. - r r ✓ " k } , . ,,. , - '41i 1 '' `^-- 1k Lir- 4R ,+ m �...,. .ct 41' i"-..!.•ti':-....:-71' 6 I! '. V; • 1 r _ l , ttte s M o 4 , -.. t Y r a _ _, 0. ` . _. o.--::.....,.. '. * -. 'y u. v, :may �... 8 . .tom ki n05} �t Y !4. 1 1, d id it r� VI, i " iR, .Frs. �(� Yt "� T fik k �.. it S S i y L Page 1 of 2 Subj: RE: HALDEMAN LANDING PETITION Date: 4/9/2014 1:39:08 P.M. Eastern Daylight Time From: FredR ht1011ieraov.net To: Mescatemeaolcorn CC: MarkStrainglicollieraov.net Mr. Messmer- Thanks for your input. I have copied Mark Strain, the Chief Hearing Examiner, so your input will be provided to him. My responses are below. -Fred From: Mescatem @aol.com [mailto:Mescatem @aol.comj Sent: Wednesday, April 09,2014 1:20 PM To: ReischlFred Subject: HALDEMAN LANDING PE i I[ION Dear Mr. Reischl, Thank you for our phone conversation and the 14 page EXHIBITS. In order for me to determine if to support or object to the subject PETITION, your response to the following questions would help. I do wish that this and all future communications, including your responses become a part of the record and be included in the CCPC agenda packets. 1. Has the petitioner submitted any information regarding the entire project, i.e. dwellings, planed for the property ? 2. In 2007, the previous owner of the subject property proposed building docks for 26 boats at this approximate location. Was a variance requested for that proposal, and if so,was it heard by the CCPC ? What decision if any was made ? 4. The rectangular property, its North boundary being Becca, its South boundary Haldeman Creek, and East boundary the canal West of Poplar St. Is my understanding correct, that this property is already" permitted " for 6 dwellings, and docks located along the Creek ? If this is correct, it would be helpful to view drawings of those docks in relationship to the petitioner's including the MEAN HIGH and LOW WATER LINES, and the width of the remaining waterway with of course boats occupying those slips. 6. Given the fact that this proposal will narrow the navigable waterway, will the riparian rights of the owners " up stream ", especially the 2 marinas be compromised ? Thursday,April 17, 2014 AOL: Mescatem Page 2 of 2 Thanking you in advance, Robert F. Messmer 2978 Orange St. Naples, Fl. 34112 239-775-3493 Under Florida Law,c-malt addresses are public recurds.It you do not want your a-mall address roloasod SI response to a public rer;ordti unwell.do no(:.end elor'dronk:mail to this entity.Instead,contact this office by Marius or to writing. Thursday,April 17,2014 AOL:Mescatem TURRELL, HALL & ASSOCIATES, INC.. ar • MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue,Suite B•Naples,Florida 34104-3732• (239)643-0366•Fax(239)643-6632 February 12,2014 BDE-P1.20130001765 REV: 2 FISHERMAN'S VILLAGE Fred Reischl,AICP DATE: 2/19/14 Principal Planner DUE: 3/5/14 Collier County Government Department of Zoning&Land Development Review 2800 North Horseshoe Drive Naples,FL 34104 RE: BD-PL20130001765 FKA: Fisherman's Village now Haldeman's Landing BDE Fred, Per the request of county staff please see attached copy of our response to all questions and concerns in regards to the above subject BDE application's first review process. First off please notice the name change for the proposed project from Fisherman's Village to Haldeman's Landing. I have attached the updated BDE application with all requested changes, with the updated exhibits, and a Unanimous Written Consent of the Board of Directors of Standard Pacific of Florida. Upon your review of these revisions please let me know if there is anything else that you may need for your review. If you have any more questions or concerns please feel free to contact me at the above letterhead phone number or email Tim(a,Turrell-Associates.com or JeffATurrell-Associates.com Regards, f < -: i :- C' / it, r. [• t i 71) 7c-'11' S /- Jeff Rogers Project Manager Turrell,Hal]&Associates,Inc. i County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net t` DOCK Ikeiti t- iti o }i t= ii SH gl o S x 0, i ' it -1' ) T ' ' POSA41444 NV 41)The following information is intended to guide you through the process of a Dock Facility Extension or Boathouse Establishment Petition, from completing the application packet to the final determination by the Collier County Planning Commission. Prior to submittal of the attached Dock Facility Extension or Boathouse Establishment Petition. application, you must attend a pre-application meeting to determine If, pursuant to land. Development Code Section 5.03.06, the option of a dock facility extension or boathouse establishment is available to you and to discuss the location,length/protrusion and configuration of- the proposed boat dock facility.The pre-application fee is$500.00(to be credited toward application . fee upon submittal.) In order to process your request,all accompanying materials must be completed and submitted with the application (SEE ATTACHED CHECKLIST). The application fee for a Dock Facility Extension or Boathouse Establishment is currently $1500.00 plus $925.00 for required legal advertising. . An additional amount for property owner notifications will be billed to the applicant prior to the hearing date. ' Within ten (10) days of the submission of.your application,you will receive notification that your petition is being processed. Accompanying that response will be a receipt for your check and the number assigned to your petition. This petition number should be noted on all future correspondence regarding your petition. The Department of Zoning and Land Development Review will provide for legal notification of surrounding property owners within 500 feet of the subject property and newspaper advertising (required fifteen 415) days prior to the Planning Commission Hearing date), You will be notified by mail of your hearing date and will receive a:copy of the Staff Report. It Is recommended, hut not required,that you or your agent attend the Planning Commission meeting. if you have any further questions or need assistance completing this application,contact the Growth Management Division/Planning and Regulation at 252-2400. .2',a ,t r I I 1 3 t l i Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net = Pam ioN , A _ I � te;•,' TH . _ PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED • NAME OF APPLICANT(S) STANDARD PACIFIC OF FLORIDA ADDRESS 406 NORTH REO STREET crry Tampa STATE Florida ZIP 33. 609 i TELEPHONE# CELL# FAX# E-MAIL MDEBOCK @STANPAC.COM i NAME OF AGENT Timothy Hall FIRM Turrell. Hall&Associates . ADDRESS 3584 Exchange Ave CITY Naples STATE FL. — ZIP 34104 TELEPHONE# 239-643-0166 CELL# 239-253-9137 FAx# 239-643-6632 EMAIL THALL@TURRELL-ASSOCIATES.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. g�g• Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ ' NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)282-6358 www.colliergov.net • ILr l.• �yl r y. +.!••: _:,1,:,.s^,f •,��...y��.�■■ yp R/:,;� ;.� .•< ry:Yq 1;``:.;i,_tiii.. .'`. • :.�i" i.'<ttw•' E y'm.+r. '•:<•J:a "t.....,. .. . .r. y. .,-♦r.-. i.,KS>.a., I Address of Subject Property Lakeview Drive. Section/Township/Range 11& ° 50 S 115:E Property I.D.#: 61835520008,00388360006 00394880004, 00395320000,&61835840005 - Haideman's LandingVlllage Subdivision Unit Lot(s) Block(s) • Current Zoning and Land use of Subject;Property RMF 6(3)&RMF-6 ' I � ••.i�e:' �i`; _ 'Via' - isy.. - •i:5^%:'--;.N':" iy ::aR :t?'r`hv. r'1: ,. - .....,. .•�••..f!nrr7-. r 'i:r hruiYfcy' 4. �J.i.S;i n=T; � Zoning Land Use • N RMF-6-BMUD-RI &RSF41-BMUD-R4 Haldeman Creek/Single Family Residential S PIJD,RSF-4-BMUD-R4,RMF-6-BMUD-R1 Golf Course&Single-Family Residential E RMF-B-BMUD-R1,RSF-4-BMUD-R4,RMF-6-BMUD-R2 Canal borders Entire East Side wl Single Family Residential W PUD&MH Windstar Subdivision • . `/'.+,r•F:.•�,'if:.rti.'==-=�'.fit.y_.+{,!°,;• �,s•.: 3.: � -- -�/`'$� �LC{S ;�ir%tc-::_:"s.�.-,t�; .....krs'tri4C•!i•�•sr;:;•:��`"1 i �JY SFr ,1� _t...: _ ... .A`3 :44 ,7.��1!�� ;��E:`�.!!F��-.`.'•. .. .. r . -... .:'t.h .E 1 Narrative description of project(Indicate extent of work,new dock,replacement,addition to existing facility,any other pertinent information); The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths Measured at no less:than 5-foot increments 2)A chart;drawn to scale, of the waterway at the site,depicting the waterway width,the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to 'docks, if any,on the adjacent lots,and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank • • • • i - - ( CAT County COLLIER COUNTY GOVERNMENT ' 2800 NORTH HORSESHOE DRIVE I GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 • PLANNING AND REGULATION (239)252-2400 FAX (239)252.6358 www.colliergov.net 3)A site plan to scale showing dimensions and location of existing and proposed dock structures, as welt as a cross section showing the facility in relation to MHW/MLW and shoreline (bank, seawall or rip-rap revetment). <:.rG•: iii Width of waterway: aced ft.; Measurement from 0 plat 0 survey ❑visual estimate© other(specify) Aerial • Total property water frontage: '"' ft. Setbacks: provided 35 ft.required 15 ft. Total protrusion of proposed facility Into water: 52� ft, Number and length of vessels to use facility: 1. 20x25 22x30 ft,3. ft. List any additional dock facilities in close proximity to the subject property and indicate the • total protrusion into the waterway of each: See attached Sheet For all petitions, in the case of signs located on properties 1 acres or more In size, the applicant shall be responsible for erecting the required sign(s). what Is the size of the property? 20.51 Acres ` Gfficlal Interpretations or Zonln a V rifications: To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes®No If so,please provide copies. The following criteria,(pursuant to Section 5.03.06 of the Land Development Code)shall be used as a guide by staff in determining Its recommendation to the Collier County Planning Commission (CCPC),and by the CCPC in its decision to approve or deny a particular Dock Extension request. In •order for the CCPC to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. • l • S&9tY COLLIER COUNTY GOVERNMENT • 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.aolliergov.net '13 ' 1"7i • . . 1•• 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; - consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical,single-family use should be no more than two slips;typical multi family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) See attached sheet 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,type,and draft as that described,in the petitioner's application is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) See attached sheet 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable,channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) See attached sheet 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the Waterway, and whether or not a minimum of 5D percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability.((The facility should maintain the required percentages)). See attached sheet 5. Whether or not the proposed location and design of the dock facility is such that the facility would net interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) See attached sheet z ( ( 5jk9nty . i COLLIER COUNTY GOVERNMENT 2800 NORTH.HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 • PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net :T.u'' •i�' r•`'^<",sfi.K�` .1 •lLJS� riA� r •i �. , .� ti'5: t., ...• . 1. Whether or not there are special conditions, not Involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock • facility. ((There must be at least one special condition related to the property;these may Include type of shoreline reinforcement,shoreline configuration,Mangrove growth,or seagrass beds)) See attached sheet 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.((The facility should not use excessive deck area)) See attached sheet • • 3. For single-family dock facilities,whether or not the length of the vessel,or vessels In combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained)) See attached sheet 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not have a major Impact on the view of either property owner.)) - See attached sheet 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((If seagrass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated)) See attached sheet 6: Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.11 of this code. ((If applicable,compliance with Section 5.03.06.E.il must be • demonstrated)) See attached sheet • • • e� t'Irv(; S• C 10 - Co0.ntf COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6368 www.colilergov.net I HEREBY ATTEST.THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST:OF MY KNOWLEDGE. I UNDERSTAND THAT,IN ADDITION TO APPROVAL OP THIS DOCK EXTENSION,A BUILDING. PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS.OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME,I DO SO AT MY OWN RISK. //7A1'/— Signature of Petitioner or Agent • • • l i Coen County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE I. 1 GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)2524358 www.colllergov.net • ..}, :`4` :i; ✓: s.:.r.It A�At D '• l •.N'•'. 'ifr? + • • 3 j}fi= • ' U�I�r3��►L�,�HE�ICi;1j$T� .,. . `. :�1+• ' - I THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.' NOTE:INCOMPLETE BUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF SUBMITTED NOT COMES REQUIRED Completed Application 6 ❑ ❑ Owner/Agent Affidavits;signed&notarized 1 ❑ 0 Addressing Checklist 1 ❑ Conceptual Site Plan illustrating the following: 6 ❑ " ❑ a. The tot and dimensions where proposed docking facility is to be • located. b. All yard setbacks- c. Required setbacks for the dock facility d. The total number and configuration of the proposed facilities,etc. • (include all dimensions to scale). e. The water depth where the proposed dock facility is to be located and the distance to the navigate channel. (Water depth at mean low tide should be shovi+n at approximately every five(5)feet of length for the total length of the proposed facility. f. Illustrate the tend contour of the property on which the dock facility is proposed: g. The dock facility should-be illustrated from an aerial view,as well as side View. Electronic copy of documents and plans on CDROM 2 ❑ • Application and Review fees:$1500 Review Fee;$925 Legal Advertising Fee(estimated). Check payable to Board of County Commissioners ADDITIONAL REQUIREMENTS: At the completion of the review process, the applicant shall submit 16 additional copies of the application and 16 additional copies of the Conceptual Site Plan for the CCPC agenda packets. _iffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 i PLANNING AND REGULATION (239)252-2400 FAX (239)252-8858 www.colllergov.net As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist Is included In this submittal package. I understand that failure to include all necessary submittal Information may result in the delay of processing this petition. • AFFIDAVIT Well,,/ i�(4 L Odr helnp first duly sworn,depose and say that we/I am/are the owners of the properly described herein and which Is the subject matter of the proposed hearing;that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the Information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shell not be altered Public hearings will not be advertised until this application is deemed complete,and all required Information has been submitted As property owner Well further authorize ,fr.ero 1 ifa rAssoq,a>lto act as our/my representative in any matters regarding this Petition. Signature of Properly Owner Signature of Property Owner ' • Mlektite Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrument was acknowledged before me this day of j‘in.1> tat e0, 20 IS by Mt Ltt7teL L-t c- who is - personally town to me or has produced • as Identification. - State of Florida (Signature of Notary Public-State of Florida) County of Collier Ki - ,C-77-41-1 i t= (Print, Type,or Stamp Commissioned Name of Notary Public) • ti; °i l+IIESHA BENNIE 'h ;•`e MY COMMISSION#££841553 EXPO ES October 08.2015 T)galotsb. Plcgallotaryse vice cam Description of Project Haldeman's Landing is prop sina to construct a new docking facility that wig protrude approximately X52 feet from the MHW line, including approximately 8.070 square feet of over water structure and consists of 42 slips,for the residents of the proposed ubdivision. In the area of the proposed docks,the applies*owns the sborgline on botltsides of the creek and the bottomlands of fieldsman Creek. The layout will consist of a 473-ft-logo by 6-foot wide shore-parallel dock that includes twelve 30-ft-tong marginal slips and 22-ft-long.27-It-long. and 3Q-ft-loner by 4-ft-wide finger piers allowing perpendicular mooring for 30 of the 42 proposed mooring slips. The docks are located within a man-altered channel which connects Haldeman Creek to Naples Bay and further out to Gordon's Pass. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each ,,i (- c,.T4 1' %""r; I}''i i? 'S Directly across the creek at the p7oposed dlevel(ment.Sanctuary at =actin• " BDE was •ranted for •oc • • din, 4'-feet fro the MHWL. At Royal Yacht Services1a commercial marina east of Haldeman's Landing:existing docks protrude approximately 46-feet from the MHWL., Primary Criteria 1) The proposed multi-family dock facilitates the mooring of 42 vessels. The property has 938 linear feet of shoreline along the southern portion of Haldeman Creek.which is the location of the proposed docking facility. • The remainder of the shoreline will not have docks built on it. The project site aualifies as a moderate rankino undecthe MPP. This equates to 10, ,: 11 0 .. t of shore in- or t• . _ • 9 -II! . T _ . , o•o is well under what is allowed by the MPP and le also well under the one ijp par unit guideline.Collier County staff has determined that the proposed dockina facility is consistent with the Collier County Manatee Protection Plpn, The number of slips proposed is appropriate for the proposed facility in relation to length of shoreline.location.and the number of dwelling units proposed on the upland. The lengths of the vessels are also congruent with n Jslllboorina property#q and appropriate for the size of the waterway. 2) The attached survey indicates water depths are not adeauate to Xnoor the vessels in the proposed slips. Dredaino will be performed In order to moor the vessels closer to the shoreline and_keeu the Protrusion into the navigable waterway to a minimupi. This • It C• T 7 tz.ok-, it , (.4 c_ c r ;-- '-_1Zt 1LF4 /-1.4 t. A ,- re 5 t'S— ; r t- 17Te (":7 tA. jI IC j • ) I waterway has been dredged in the past so this will be a maintenance dredge and not new dredaina. An extension is still required due to, the width of the waterway in relation to the meandering MHWL. 3) The proposed dockina facility wilipot impede navigation of the waterway. It does notprotrude into the designated channel.as shown on the attached exhibits. The width of the waterway along the Proposed docks will vary from approximately 97 feet to over 120 feet in width after the construction of the proposed docks, Therefore 50%of the width of the waterway will remain open and no adverse impacts to navigation are anticipated. 4) There are portions of the proposed docking facility that exceed the 25%width of the wajerwav when measured from the MHWL to MHWL.but this does not represent the width of the navigable waterway. The MHWL extends upland into the mangroves.far beyond the navigable boundaries of the waterway. When measured from the navigable width of the waterway.there is more than 50%of the width maintained for naviaation. The applicant owns the creek bottom lands and the land on the opposite side of Haldeman Creek h e'cl" across from the proposed docking facility. That shoreline has been - placed into a Conservation Easement which does not allow docks to be built on it. 5) The proposed docking facility will not interfere with the use of any neighboring docks. There is onixone set oj proposed docks near ti-rv-,4:7 7 AL the applicant's proposed facility,and in this area 50%of the IC/sot-I waterway width is maintained. The shoreline of Haldeman Creek Mc,'Evil »IL directly across from the proposed facility Is owned by the applicant'V)a 5 and was placed into a Conservation Easement. meaning no docks can ever be built on this portion of the creek. This makes the navigable width as large or larger than any other devioped area of Haldeman Creek. Secondary Criteria 1) The Drowsed docking facility would be constructed on a shoreline with mangrove vegetation and very shallow water. The MHWL is located a substantial distance from the navigable channel,creating a greater distance for the ODE. Also the applicant owns the submerged bottomlands of the creek and the opposite shoreline In the area of the proposed project. • 2) The proposed dock would be constructed with a six foot wide main access rail dock and four fincter piers. minimum dimensions for safe mooring and pedestrian travel on dock designed for vessels in the 45 to 30 ft range. This allows for proper safe access for ioadinc.unigadino.and routine maintenance.while minimizing overwater decking area. j I 3) This criterion Is not applicable as this is a multi-family project. 4) The proposed docking facility will not interfere with any neighboring property owners'views of the waterway.- The applicant owns the opposite shoreline, most of which has been placed into a Conservation Easement which does not allow docks to be constructed on. There are only a couple of residences across the creek to the east that would have a view of the proposed dockinjt facility. 5) To our knowipdae,there are no known seaurass beds within 200-feet of the proposed docking facility. A copy of the SRS is attached for review. 6) According to the Collier County Manatee Protection Plan,the applicant believes that the proposed project Qualifies as a moderate • ranking but would qualify as a preferred ranking once the maintenance dredging is complete. Proposed water depths are 4- feet Mean Low Water(MLWS. No Impacts to any native marine habitat Is being proposed. Additionally, the manatee mortality rate is less than 20%within a 5-mile ragius of the proposed project site. With this ranking and the overall owned shoreline theproposed dock design meets the necessary criteria for approval. • Av i /\, /).--11. - i CL: /1 r4:1 0, --1 / l i I(k C: ;?. i1 \; , - I 1,,5 --, v 1 5 _ / ,,, Ai .. / i-,-..,:_t : il(1) ----i. iv „, )t2 .., )4 ,,, L ./L4:=(-__-'A i s v,(-,:„.Ly 44 II-,,Z-it c t L_. A-.■..:_ -4(..- /4-Li I,,, ,,,,,.._,::, A a(4-), acy it, i -).2 i , A '/ iS 1-4/ct le t le 1 ' 1T i il _ t- -0Q-41E ; s i '- 2'i.isc--/v4 L.,-- , ' 9 71'4 ci . ie .- , 1.)Ne. ,Le_ ),Z(,- ) . Li - -) 3 4. 1 ,... .. / . , _ 1)/t4-•,-) .e::.. 1)0..... A. ..:-4- A 1 L., (A , i I A . f 1 4.- k ;.1” Lik-: i --A: A ,1441c-,(.._ Y IC /1 if i ( (., ) _ /i ytt,( , ) L- Page 1 of 2 From: ReischlFred Sent: Wednesday, April 09, 2014 1:39 PM To: 'Mescatem @aol.com' Cc: StrainMark Subject: RE: HALDEMAN LANDING PETITION Mr. Messmer- Thanks for your input.I have copied Mark Strain,the Chief Hearing Examiner, so your input will be provided to him. My responses are below, -Fred From: MescatemC>a aol.com [mailto:MescatemCaaol.com] Sent: Wednesday, April 09, 2014 1:20 PM To: ReischlFred Subject: HALDEMAN LANDING ft I 1 I ION Dear Mr. Reischl, Thank you for our phone conversation and the 14 page EXHIBITS. In order for me to determine if to support or object to the subject PETITION, your response to the following questions would help. I do wish that this and all future communications, including your responses become a part of the record and be included in the CCPC agenda packets. 1. Has the petitioner submitted any information regarding the entire project, i.e. dwellings, planed for the property ? Nothing has been submitted yet. The proposed conditions state that a building permit for the docks cannot be issued until the Site Development Plan and Special Treatment permit are approved. And that a building permit for a residence is issued. 2. In 2007, the previous owner of the subject property proposed building docks for 26 boats at this approximate location. Was a variance requested for that proposal, and if so,was it heard by the CCPC ? What decision if any was made ? The zoning map does not indicate approval of a Boat Dock Extension at this location, so if an application was submitted, it was never heard and therefore was not approved. 4. The rectangular property, its North boundary being Becca, its South boundary Haldeman Creek, and East boundary the canal West of Poplar St. Is my understanding correct, that this property is already " permitted " for 6 dwellings, and docks located along the Creek ? If this is correct, it would be helpful to view drawings of those docks in relationship to the petitioner's including the MEAN HIGH and LOW WATER LINES, and the width of the remaining waterway with of course boats occupying those slips. -,00 i.1rq/fAiif_T:TIC/C;DRS%20Planning%20Services/Current/Reisch... 10/30/2014 Page 2 of 2 The applicant states that a Conservation Easement was placed on this property and no docks may be constructed. 5. Given the fact that this proposal will narrow the navigable waterway, will the riparian rights of the owners " up stream ", especially the 2 marinas be compromised ? The Code requires that 50% of the navigable waterway remain unobstructed. The applicant's exhibits, and the fact that no docks will be constructed along the north shoreline, support this requirement. Thanking you in advance, Robert F. Messmer 2978 Orange St. Naples, Fl. 34112 239-775-3493 l7iornnv net tAiCTMf-i;T7S/Ca7ES%20Planning%20Services/Current/Reisch... 10/30/2014 Page loft x From: Mescatem@aol.com Sent: Friday,April 11, 2014 12:17 PM 1 To: Reischl Fred Cc: FialaDonna; HillerGeorgia;TomHenning @coliergov.net; CoyleFred; NanceTim Subject: HALDAMEN'S LANDING PETITION Mr. Fred Reischl AICP Senior Planner Subject : HALDEMEN'S LANDING PETITION No. BDE - PL 20130001765 Your notice dated April 4, 2014 regarding the subject states, " This is to advise you that you may have interest in the proceedings or you own property located within 500 ft. of the following property to consider." It is my understanding that only those property owners within 500 ft. of the proposed project received your notice. It is also my understanding that owners of properties fronting on waterways, " up stream " on Haldeman Creek and some of the properties along Bayview Dr., Shoreview Dr., Gulfview Dr., Riverview Dr.,and Lakeview Dr., that are beyond 500 ft. of the proposed project did not receive your notice. All of these properties are effected by this project since they front on waterways, " up stream ", most notably the new Naples Boat Yard, Gulf Shore Marina and the Three 60 Market, commercial properties that are directly and economically impacted by this project. I am requesting that you postpone the April 24, 2014 HEARING until after you are able to notify all owners of the above described properties. I understand that the wording in your notice, " may " have interest, could be construed as not requiring those owners to be notified. However, I hope you agree, they all should have been. The reason I am copying the County Commissioners is because they may feel a change in the wording in the Code governing this issue is needed. Thank you for your continued attention to this mater. Robert F. Messmer 2978 Orange St. Naples, Fl. 34112 239-775-3493 •nlliprnnv nitM stn/GMD-T.T)S/CDES%20Planning%20ServiceslCurrent/Reisch... 10/30/2014 Page l of 2 S [ } From: Kate Riley [kjbnaples74 @gmail.com] Sent: Sunday,April 13, 2014 9:31 PM To: ReischlFred Subject: Haldeman Creek,objection to dock extension. From: Robert Buelow[mailto:rdbuelow@centurylink.net] Sent: Sunday,April 13, 2014 9:12 PM To: 'Kate Riley' Subject: RE: Haldeman Creek, objection to dock extension. Kate, I'm not sure your last paragraph makes sense. I've made a few suggestions. My letter and pix from Gary will go out tomorrow a.m. Bob Dear Mr. Reischl: In response to your letter dated April 4,2014 on behalf of Standard Pacific of Florida GP,Inc.,I do not support the petition for extensions over the maximum 20 feet allowed. I live directly across from the subject property and have for 11 years. Having viewed the waterway every day,these are my concerns: 1) Boats will not be able to navigate safely down this waterway with docks extended beyond the 20 feet allowed. 2) The noise coming from the docks being further than 20 feet will be extremely obtrusive. 3) There currently is a 49 foot BDE (boat dock extension) granted to the bank on the north shore of Haldeman Creek(project location: Section 11,Township 50 South,and Range 25 East). This information was provided to me by the Department of Army which I would be happy to make available to you. 4) While Haldeman Creek may appear to be 120 to 150 feet wide,it is very shallow. It is so shallow that it required extensive dredging about six years ago. But since the dredging took the depth to 4 feet for only the center 15-20 feet of the creek,the actual navigable waterway is very narrow. Extending dockage beyond the 20 feet allowed by an additional 32 feet(that's 160% over the current allowable) will further strangle the waterway. 5) It is my understanding that the canal is so narrow and shallow at low tide that large boats heading to retail establishments closer to Bayshore Drive will often delay their entry for a higher tide. 6) The addition of so many new boat slips that extend so far into Haldeman Creek will also seriously compromise my view of the canal,one of the main features for which I purchased my home. 111,,//krr rn111eranvm't//iat atGMD-I,DS/CDES%20Planning%20Services/Current/Reisch... 10/30/2014 Page 2 of 2 7) If it is petitioner's intent to become part of Windstar,I believe they have other options 1 including enlarging the current Windstar dock facilities closer to the Naples Bay or locate 1 additional slips in the pond south and east of the property. Finally,I believe that both marinas in the area along with the 360 Market/Cafe have NOT received this notice and their businesses will/could be greatly impacted. While they may not be within 500 feet of the subject property I think they should be entitled to have input given the hundreds of thousands of dollars they have invested in their businesses so close to this property. Thank you for taking time to read my concerns. Kate Riley Agape Island Services,Inc. 2998 Poplar Street Naples,FL 34112 239-774-4411 • -n11;Prnnv nP.t/1nth/Min-I.IBS/CDBS%20Planning%20Services/Current/Reisch... 10/30/2014 Page 1 of 2 [ From: Kate Riley[kjbnaples74 @gmail.com] Sent: Sunday,April 13, 2014 9:33 PM To: ReischlFred Subject: Haldeman Creek, objection to dock extension. Dear Mr. Reischl: your response to our letter dated April 4, 2014 on behalf of Standard Pacific of Florida GP, Inc.,I do p not support the petition for extensions over the maximum 20 feet allowed. I live directly across from the subject property and have for 11 years. Having viewed the waterway every day,these are my concerns: 1) Boats will not be able to navigate safely down this waterway with docks extended beyond the 20 feet allowed. 2) The noise coming from the docks being further than 20 feet will be extremely obtrusive. 3) There currently is a 49 foot BDE(boat dock extension)granted to the bank on the north shore of Haldeman Creek(project location: Section 11, Township 50 South, and Range 25 East). This information was provided to me by the Department of Army which I would be happy to make available to you. 4) While Haldeman Creek may appear to be 120 to 150 feet wide,it is very shallow. It is so shallow that it required extensive dredging about six years ago. But since the dredging took the depth to 4 feet for only the center 15-20 feet of the creek,the actual navigable waterway is very narrow. Extending dockage beyond the 20 feet allowed by an additional 32 feet(that's 160% over the current allowable)will further strangle the waterway. 5) It is my understanding that the canal is so narrow and shallow at low tide that large boats heading to retail establishments closer to Bayshore Drive will often delay their entry for a higher tide. 6) The addition of so many new boat slips that extend so far into Haldeman Creek will also seriously compromise my view of the canal,one of the main features for which I purchased my home. 7) If it is petitioner's intent to become part of Windstar,I believe they have other options including enlarging the current Windstar dock facilities closer to the Naples Bay or locate additional slips in the pond south and east of the property. Finally,I believe that both marinas in the area along with the 360 Market/Cafe have NOT received this notice and their businesses will/could be greatly impacted. While they may not be within 500 feet of the subject property I think they should be entitled to have input given the hundreds of thousands of dollars they have invested in their businesses so close to this property. Thank you for taking time to read my concerns. net/ri tn/rMT)-T,DS/CDES%20Planning%20Services/Current/Reisch... 10/30/2014 E Page 2 of 2 . Kate Riley Agape Island Services,Inc. 2998 Poplar Street Naples,FL 34112 239-774-4411 1 Rio //hrr rnllierrTnt7 n t/riath/GMT)-T.nS/CDES%20Planning%20Services/Current/Reisch... 10/30/2014 i Page 1of1 i I i i 1 ReischlFred z From: Sent: Tuesday,April 08,2014 9:43 AM x To: 'ash37 @comcast.net' Subject: Haldeman's Landing Attachments: Exhibits-Revised 2-25-14.pdf I Attached are the plans you requested. Please let me know if you have any questions. -Fred 1 Fred Reischl, AICP Senior Planner Planning &Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 41e,.rn,,,,, ,n1 n pi-/ri nth/C'TMT)-T,n S/CDES%20Planning%20Services/Current/Reisch... 10/30/2014 Page lof1 From: ReischlFred Sent: Monday,April 07,2014 11:54 AM To: 'bowein @usa.net' Subject: Haldeman's Landing Attachments: Exhibits-Revised 2-25-14.pdf Mr. Bowein- Attached are the exhibits provided by the applicant. Please let me know if you have any other questions. -Fred Fred Reischl, AICP Senior Planner Planning &Zoning Department Phone: 239-252-4211 Fax: 23. 9-252-2834 [;, ....11ior`xnxrr tMMMAt a/rlrvff-T.T)S/CnFS%20Planning%20Services/Current/Reisch... 10/30/2014 4 t Page 1of1 fI i I Y From: ReischlFred Sent: Monday,April 07, 2014 2:12 PM 4 To: 'Francisco Figueiredo' t Subject: RE: haldeman landing 1 Attachments: Exhibits- Revised 2-25-14.pdf I have attached the plans submitted by the applicant.The docks will be for a multifamily development on the parcel. Please let me know if you have any other questions. Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 iii .. ., .. , _ ... ..„ _ . ,.... .,..._ _._ From: Francisco Figueiredo [ma ilto ftf1220( 3hotmail.com) Sent: Monday,April 07, 2014 2:00 PM To: ReischlFred Subject: haideman landing dear Fred Reischl I received a letter from Collier county planning zoning about HALDEMAN LANDING-PETITION NO.BDE-PL20130001765, I have question, do this project will be only slip docking or multifamily and slip docking? thank you, F,,,.//1,,,,, ..es 11;arern`7 r,at/CI ata/f;MT)-T.DS/(`,T)RS%201'landing%20Services/Current/Reisch... 10/30/2014 1 Page 1 of 2 i : 1 t i From: ReischlFred I Sent: Tuesday, April 15, 2014 11:06 AM To: 'george atkinson' Cc: StrainMark t I Subject: RE: Haldeman Landing 1 g George- :I , You are correct.The state permit requires that a conservation easement—no docks permitted—will be placed along the north shore, once docks are permitted along the south shore. -Fred Fred Reischl, AICP Senior Planner Planning &Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 From: george atkinson [mailto:gbatkinsonOicloud.com] Sent:Tuesday,April 15, 2014 11:00 AM To: ReischlFred Subject: Re: Haldeman Landing Hi Fred, I have been told, although I find it hard to believe,that the property on the North side of Hardeman Creek(across from the subject docks)has been permitted for docks. This would be the parcel of land at the southerly end of Pine Street,which I understand is proposed for development. However, in.looking at the plans that you have provided to me, it appears that the creek frontage is owned by the subject applicant? So,I am assuming there are no other plans for docks on the north side of the creek...correct? Would approval of the subject dock plan be contingent on there being NO docks on the north side of the creek directly across from the subject docks? My concern is that the creek not be pinched down to a point where my customers cannot comfortably get large(60 foot) vessels up and down the creek. Sincerely, George Atkinson, Owner Naples Boat Yard On Apr 11, 2014,at 11:08 AM,ReischlFred<FredReischl a,colliergov.net>wrote: r;lo•/n,.r,. ,.,,11;P,-RnA,net/nataln MD-T.nS/CDES%20Planning%20Services/Current/Reisch... 10/30/2014 Page2of2 George- Attached are the exhibits provided by the applicant.Please let me know if you have any questions. -Fred Fred Reischl, AICP Senior Planner Planning&Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 Original Message From: george atkinson[mailto:gbatkinson(azicloud.com] Sent: Friday,April 11,2014 11:01 AM To: ReischlFred Subject:Haldeman Landing Hello Fred, My name is George Atkinson and I am the owner of Naples Boat Yard,just east of the subject project. Until now,I was unaware of the project and i am in hopes that you can provide me with the plans and any concerns that any neighbors have put forth? Sincerely, George Sent from my iPhone George B. Atkinson 239.572.0189 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. �, .�n, , ��ti;p,•R�.�neticiata/CIMD-T.US/C:DES%20Planning%20Services/Current/Reisch... 10/30/2014 ( Page lof1 From: ReischlFred Sent: Thursday, April 10, 2014 10:00 AM To: 'Mescatem @aol.com' Cc: StrainMark Subject: RE: HALDEMAN LANDING PETITION Thanks again for your input. Section 5.03.06.E of the Land Development Code states that the criterion for the measurement of the extension includes ...the total protrusion of the dock facility plus the total protrusion of the moored vessel." Therefore,the vessel may not protrude farther than the outermost edge of the piling (as indicated on the cross-sections of the exhibits previously sent). I hope this helps. -Fred From: Mescatem@>aol.com [mailto:Mescatem@aol,com] Sent: Wednesday, April 09, 2014 6:02 PM To: ReischlFred Subject: HALDEMAN LANDING PEI.'LEON Dear Mr. Reischl, Thank you for your very prompt responses to my 5 questions. I have an additional question and concern, and most likely will have a couple more prior to the " cut off date " of April 14. Referencing the EXHIBITS, it is shown that docks are 25 ft. in length to accommodate" A " boats, no longer than 25 ft., and docks 30 ft, in length, to accommodate " B " boats no longer than 30 ft. in length. Based on the detailed drawings and measurements on pages 4 and 5, I interpret these boat lengths to include bow sprits, bow anchor carrying platforms, swim platforms, swim steps, engines and any other stern protrusions. It should be noted, that a 30 ft. long catamaran or trimaran will have a beam of 25 ft. or more. The 3 spaces at the East end, and the 9 spaces at the West end are the only slips which could accommodate those vessels. If one or more of those vessels were to be berthed at or near the location indicated by" section B-B " on page 3, what would be the width of the navigable waterway at low, mean and high tides ? 1 fear it will be too narrow to safely accommodate the large barges and other work boats often serviced by the new Naples Boat Yard. Respectfully submitted, Robert F. Messmer f,1P•//hrr (-nil;Prcrnvv net/data/CTMD-T,DS/CDES%20Planning%20Sezvices/Current/Reisch... 10/30/2014 AGENDA ITEM 9-A Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING&ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING DATE: JUNE 19, 2014 SUBJECT: BDE-PL20130001765,HALDEMAN'S LANDING BOAT DOCKS [COMPANION TO ST-PL20140000896] PROPERTY OWNER/AGENT: Owner: Standard Pacific of Florida, G.P.,Inc. Agent: Timothy Hall 405 North Reo Street Turrell, Hall and Associates Tampa,FL 33609 3584 Exchange Avenue Naples, Fl 34104 REQUESTED ACTION: The petitioner requests a 32-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility protruding a total of 52 feet into a waterway that varies from approximately 97 to 120 feet wide. The docks are proposed as an amenity to a Site Development Plan (SDP-PL20130000015), which is currently under review,for 16 multi-family buildings,totaling 64 residential units. GEOGRAPHIC LOCATION: The subject site is within Sections 11 and 14, Township 50 South, Range 25 East. The site is accessed via Lakeview Drive with a proposed access via Haldeman Creek Drive in the Windstar PUD. The folio numbers are 61835520008, 00388360006, 00394880004, 00395320000 & 61835840005. The project boundary of the proposed multifamily development is highlighted in grey on the location map on the following page. The dock is proposed along the south shore of Haldeman Creek. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a 32-foot boat dock extension beyond the maximum 20-foot limit for the subject multi-family residential development. The boat dock facility will contain 42 slips. The total overwater dock structure proposed is approximately 8,070 square feet and protrudes a total of 52 feet into a waterway that varies from approximately 97 feet to 120 feet from Mean High Water (MHW) line to MHW line. The total length of the dock is approximately 473 linear feet with a width of 6 feet. BDE-PL20130001765, Page 1 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC 1 D1r174 t grelialitaig6 1 II 1 ~ . 1 g ...: iki 6� i N, ,1 MS � I� I Ludt 111112%1 iniiiiiiiiiiiiinini -'1 CI OF e„,..0,;WE ■ if; —It-- ■G � Fi ►17i IiUi11 LFIr LA8 6ATION PROJECT Rr / `rogilaimo LAOATION� � 1. ,JI/� �oao:eeee "WO. °"°W 41ITI % 1 VI1IJ oi� 4 _- © aeaseeee•. .. If sw... I ! ttrt _ ! I ■-4 tk.Air-1., �t , vp . C.C .G :°C..C:.C . .i is 3' I 1 g . 0.::tia:::EEO0 ■ LOCATION MAP PETITION #BD-PL-2013.7765 ZONING MAP SURROUNDING LAND USE &ZONING: SUBJECT PARCEL: Vacant multi-family parcels, with a zoning designation of RMF-6 & RMF-6(3) SURROUNDING: North: Vacant land&single-family homes,zoned RMF-6-BMUD-R1 East: Single family homes, zoned RSF-4-BMUD-R4 &RMF-6-BMUD-R2 South: Single-family homes, zoned RMF-6-BMUD-R1 & golf course, zoned PUD (Windstar PUD) West: Golf course,zoned PUD (Windstar PUD) h ,r 14 A jritl , , fff tea• , yr ,,.mot•4 • V' .Y44.I# _ ,r�i-r: l .' $40..x:`'-"i' �,. � rib '*iii ry gYfi, -: t!' 4,:. .T.,Wpf 14 t r. f y -? } V�- t �� Air ',_ A „„ ,i s -4.7. I ��,_,+'/ r 16 p Y. ('z�f rya.fr5�� ♦t Y ♦!IC i , m Aerial—detail of parcel in the area of the proposed docks(Collier County Property Appraiser) BDE-PL20130001765, Page 3 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC ill visii,, - -i rum wa h s_ - 3 I L + +. -d ,a Y .. Google t. Aerial-detail of parcel in the area of the proposed docks(Google) �� . D, — ' - ID li' • r ? — `' "( t id..“ r f -4 . , :,.";; a S. I .. m • . , t Aerial-detail of parcel in the area of the proposed docks(Bing) BDE-PL20130001765, Page 4 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request, with the provision that a Special Treatment(ST) Permit is required prior to approval of an SDP which includes the boat docks. A portion of Haldeman Creek (including the subject portion)has an ST Zoning Overlay. The site qualifies as a moderate ranking under the Manatee Protection Plan, which translates to 10 slips per 100 feet of shoreline, or 93 slips. This request is for 42 slips and is therefore consistent with the Manatee Protection Plan. STAFF COMMENTS: In accordance with Section 2-87 of the Code of Laws and Ordinances, this matter will be heard by the Collier County Planning Commission (CCPC) instead of the Hearing Examiner. The CCPC shall approve, approve with conditions, or deny, a dock facility extension request based on certain criteria. In order for the CCPC to approve this request, it must find that at least four of the five primary criteria and four of the six secondary criteria have been met. Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the CCPC: Primary Criteria 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed dock facility consists of 42 boat slips, which is appropriate in relation to the over 938 linear feet of water frontage of the subject multi-family lot. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s)described without an extension.) BDE-PL20130001765, Page 5 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC Criterion met. According to the petitioner's application the water depth for the proposed dock facility is inadequate to gain safe access to water depths sufficient for the proposed vessels. In addition, the applicant has proposed maintenance dredging to minimize the proposed protrusion. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel, (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information submitted by the petitioner, the proposed facility will not adversely impact navigation due to the width of the existing waterway (varying from approximately 97 feet to 120 feet MHW line to MHW line). The applicant notes that the facility has been designed so that it does not impede navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. Information provided in the application indicates that the proposed dock will protrude 52 feet into the waterway, as measured from MHW line. In this case, however,the MHW line extends into the mangrove fringe. The applicant states that, of the non-mangrove-impeded portion of Haldeman Creek, this dock facility will maintain a minimum of 50 percent of the waterway as open. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant owns a major portion of the shoreline on the north side of Haldeman Creek and will place it under a Conservation Easement which prohibits dock construction. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration,mangrove growth, or seagrass beds.) BDE-PL20130001765, Page 6 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC Criterion met. The subject shoreline is natural, not hardened, and it supports a mangrove fringe. The MHW line—the baseline for this extension request—extends into the mangroves,requiring an extension to reach adequate water depth. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. As shown on the drawing submitted by the petitioner, the dock area is not excessive,maintaining a 6-foot walkway. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Not applicable. This is a multi-family project. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. According to the applicant, the dock facility is designed to have a minimal impact on the neighboring property owners. The view shed of neighboring properties will not be impacted. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. According to the Submerged Resource Survey submitted by the petitioner, no seagrass beds are known to be located within 200 feet of the proposed dock facility. Therefore,there will be no impact to seagrass beds. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11)must be demonstrated.) Criterion met. The petitioner states that the property qualifies as a moderate ranking under the Manatee Protection Plan and believes that the ranking will change to preferred, once maintenance dredging is complete. BDE-PL20130001765, Page 7 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC Staff analysis indicates that this request meets five of the five primary criteria. Regarding the six secondary criteria, criterion 3 is not applicable, and the request meets five of the remaining five secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the CCPC takes final action, an aggrieved petitioner, applicant, or adversely affected property owner,may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Division Administrator within 30 days of the date of final action by the CCPC. In the event that the petition has been approved by the CCPC,the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for BDE-PL20130001765 on June 2, 2014. -SAS STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the CCPC approve Petition BDE- PL20130001765, subject to the following conditions: 1. Construction of the docks shall not commence until the approval of SDP- PL20130000015 for the upland housing development and the subject docks, and the issuance of a building permit for the upland housing development, as well as the docks. 2. An ST Permit is required prior to approval of an SDP for the boat docks. 3. A Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. BDE-PL20130001765, Page 8 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC PREPARED BY: F' : 41'4 ISCHL, AICP, PRINCIPAL PLANNER DATE PLANNING&ZONING DEPARTMENT REVIEWED BY: _ t RAYMOND V. BELLOWS,ZONING MANAGER DATE PLANNING&ZONING DEPARTMENT 3 /'1 MIKE BOSI,AICP,DIRECTOR DATE PLANNING& ZONING DEPARTMENT APPROVED BY: ( NNICK CA ANG IpA DATE ADMINISTRATOR GROWTH MANAGEMENT DIVISION BDE-PL20130001765, Page 9 of 9 Haldeman's Landing Boat Dock Extension. June 19,2014 CCPC CCPC RESOLUTION NO. 14- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION RELATING TO PETITION NUMBER BDE- PL20130001765 FOR A 32-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT ALLOWED BY SECTION 5.03.06 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A TOTAL PROTRUSION OF 52 FEET TO ACCOMMODATE A 42 SLIP MULTI- FAMILY DOCKING FACILITY FOR THE BENEFIT OF A 19.06 +/- ACRE PROJECT TO BE KNOWN AS HALDEMAN'S LANDING IN SECTIONS 11 AND 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS, the County pursuant thereto has adopted a Land Development Code(LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County,among which are provisions for granting extensions for boat docks;and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and has considered the advisability of a 32-foot extension over the maximum 20-foot limit provided in LDC Section 5.03.06 to allow for a total protrusion of 52 feet into the waterway for a boat dock facility in a Residential Multi-Family (RMF-6(3))zoning district for the property hereinafter described;and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 5.03.06;and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission at a public hearing,and the Commission has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY,FLORIDA,that: Petition Number BDE-PL20130001765, filed on behalf of Standard Pacific of Florida, G.P., Inc. by Timothy Hall of Turrell,Hall & Associates, with respect to the property described in the Attached Exhibit "A", be and the same is hereby approved for a 32-foot extension of a boat dock over the maximum 20-foot limit to allow for a 52-foot boat dock facility,as shown on the Proposed Site Plan attached as Exhibit "B", in the Residential Multi-Family (RMF-6(3)) zoning district wherein said property is located, subject to the Conditions of Approval attached as Exhibit"C". Hnldeman's Landing fko Fishermen's Village I31)1:-PL20130001765—4/22/14 Page 1 of 2 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion,second and majority vote. Done this day of ,2014. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY,FLORIDA Nick Casalanguida,Administrator Mark P.Strain,Chairman Growth Management Division Approved as to form and legality: 1 y/.11I1�1 Scott A. Stone Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B—Proposed Site Plan Exhibit C—Conditions of Approval(if any) 13-CPS-01277/18 Haldeman's Landing fka Fishermen's Village BDE-PL20130001765--4/22/14 Page 2 of 2 1 Detail by Entity Name Page 1 of 2 Detail by Entity Name Foreign Profit Corporation STANDARD PACIFIC OF FLORIDA GP, INC. Filing Information Document Number F09000001377 FEI/EIN Number 204356126 Date Filed 04/06/2009 State DE Status ACTIVE Last Event AMENDMENT Event Date Filed 11/17/2009 Event Effective Date NONE Principal Address 405 N. REO ST., STE 330 TAMPA, FL 33609 Changed: 02/08/2010 Maillna Address 15360 BARRANCA PARKWAY IRVINE, CA 92618 Changed: 04/02/2012 Registered Agent Name&Address NRAI SERVICES, INC. 1200 South Pine Island Road Plantation, FL 33324 Address Changed: 02/11/2011 Officer/Director Detail Name&Address Title SR KEATING, GARY 405 N. REO ST.,STE 330 TAMPA, FL 33609 Title President http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/fore-f... 4/10/2014 Detail by Entity Name Page 2 of 2 PELLETZ, DAVID 405 N. REO ST., STE 330 TAMPA, FL 33609 Title VP MUNGER, HARMONY M 405 N. REO ST., STE 330 TAMPA, FL 33609 Annual Reports, Report Year Filed Date 2012 04/02/2012 2013 02/06/2013 2014 03/06/2014 Document Images 03/06/2014--ANNUAL REPORT View Image in PDF format 02/06/2013—ANNUAL REPORT View image in PDF format 12/18/2012—ANNUAL REPORT I View image in PDF format 04/02/2012—ANNUAL REPORT I View image in PDF format 03/08/2011 —ANNUAL REPORT l View image in PDF format 02/08/2010—ADDRESS CHANGE View image in PDF format 02/04/2010—ADDRESS CHANGE I View image in PDF format 01/12/2010—ANNUAL REPORT I View image in PDF format 11/17/2009--Amendment r View image in PDF format 04/06/2009--Fore in Profit I View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.orgMquiry/CmporationSearch/SearchResultDetail/EntityName/fore-f... 4/10/2014 ,., TURRELL, HALL & ASSOCIATES, INC. `—r~ MARINE&ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B•Naples,Florida 34104-3732 • (239)643-0166• Fax (239)643-6632 February 12,2014 BDE-PL20130001765 REV: 2 FISHERMAN'S VILLAGE Fred Reischl,AICP DATE: 2/19/14 Principal Planner DUE: 3/5/14 Collier County Government Department of Zoning&Land Development Review 2800 North Horseshoe Drive Naples,FL 34104 RE: BD-PL20130001765 FKA: Fisherman's Village now Haldeman's Landing BDE Fred, Per the request of county staff please see attached copy of our response to all questions and concerns in regards to the above subject BDE application's first review process. First off please notice the name change for the proposed project from Fisherman's Village to Haldeman's Landing. I have attached the updated BDE application with all requested changes, with the updated exhibits, and a Unanimous Written Consent of the Board of Directors of Standard Pacific of Florida. Upon your review of these revisions please let me know if there is anything else that you may need for your review. If you have any more questions or concerns please feel free to contact me at the above letterhead phone number or email Tim(wTurrell-Associates.com or JefaTurrell-Associates.com Regards, ftl .4e--- Jeff Rogers Project Manager Turrell,Hall&Associates,Inc. HALDEMAN'S LANDINGS PL20130001765 FEBRUARY 1292014 Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643-0166 Co 4 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS The following information is intended to guide you through the process of a Dock Facility Extension or Boathouse Establishment Petition, from completing the application packet to the final determination by the Collier County Planning Commission. Prior to submittal of the attached Dock Facility Extension or Boathouse Establishment Petition application, you must attend a pre-application meeting to determine if, pursuant to Land Development Code Section 5.03.06, the option of a dock facility extension or boathouse establishment Is available to you and to discuss the location, length/protrusion and configuration of the proposed boat dock facility.The pre-application fee is$500.00(to be credited toward application fee upon submittal.) In order to process your request, all accompanying materials must be completed and submitted with the application (SEE ATTACHED CHECKLIST). The application fee for a Dock Facility Extension or Boathouse Establishment is currently $1500.00 plus $925.00 for required legal advertising. An additional amount for property owner notifications will be billed to the applicant prior to the hearing date. Within ten (10) days of the submission of your application, you will receive notification that your petition is being processed. Accompanying that response will be a receipt for your check and the number assigned to your petition. This petition number should be noted on all future correspondence regarding your petition. The Department of Zoning and Land Development Review will provide for legal notification of surrounding property owners within 500 feet of the subject property and newspaper advertising (required fifteen (15) days prior to the Planning Commission Hearing date). You will be notified by mail of your hearing date and will receive a copy of the Staff Report. It is recommended, but not required,that you or your agent attend the Planning Commission meeting. If you have any further questions or need assistance completing this application, contact the Growth Management Division/Planning and Regulation at 252-2400. er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net DOCK FACILITY EXTENSION / BOATHOUSE PETITION THIS PETITION IS FOR(check one): El DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) STANDARD PACIFIC OF FLORIDA ADDRESS 405 NORTH REO STREET CITY Tampa STATE Florida Zip 33609 TELEPHONE# CELL# FAX# E-MAIL MDEBOCK @STANPAC.COM NAME OF AGENT Timothy Hall FIRM Turrell, Hall&Associates ADDRESS 3584 Exchange Ave CITY Naples STATE FL zip 34104 TELEPHONE# 239-643-0166 CELL# 239-253-9137 FAX# 239-643-6632 E-MAIL THALL @TURRELL-ASSOCIATES.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net PROPERTY LOCATION Address of Subject Property Lakeview Drive Section/Township/Range 118,14/50 S /25 E Property I.D.# : 61835520008, 00388360006 00394880004, 00395320000, &61835840005 Subdivision Haldeman's LandingVillage Unit Lot(s) Block(s) Current Zoning and Land use of Subject Property RMF-6(3)&RMF-6 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-6-BMUD-R1 &RSF-4-BMUD-R4 Haldeman Creek/Single Family Residential S PUD,RSF-4-BMUD-R4,RMF-6-BMUD-R1 Golf Course& Single-Family Residential E RMF-6-BMUD-R1,RSF-4-BMUD-R4,RMF-6-BMUD-R2 Canal borders Entire East Side wl Single Family Residential W PUD& MH Windstar Subdivision DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The following must be accompanying this application: 1) A signed, sealed survey depicting mean high water (MHW) and mean low water (MLW), and relevant water depths measured at no less than 5-foot increments 2) A chart, drawn to scale, of the waterway at the site, depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel, the proximity of the proposed facility to docks, if any, on the adjacent lots, and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank Co er CaN.nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! APLES,,-FLOR FLORIDA 34104 252-6358 PLANNING AND REGULATION (239) www.colliergov.net 3)A site plan to scale showing dimensions and location of existing and proposed dock structures, as well as a cross section showing the facility in relation to MHW/MLW and shoreline (bank, seawall or rip-rap revetment). SITE INFORMATION Width of waterway: attached ft.; Measurement from 0 plat ❑survey ❑visual estimate ❑ other(specify) Aerial t Total property water frontage: lA]NtmEM ft. Setbacks: provided 36 ft.required 15 ft. Total protrusion of proposed facility into water: 52' ft. Number and length of vessels to use facility: 1. 20x25 ft.,2. 22x30 ft.,3. ft. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: See attached Sheet For all petitions, in the case of signs located on properties 1 acres or more in size, the applicant shall be responsible for erecting the required sign(s). what is the size of the property? 20.51 Acres Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes ❑ No If so, please provide copies. The following criteria, (pursuant to Section 5.03.06 of the Land Development Code)shall be used as a guide by staff in determining its recommendation to the Collier County Planning Commission (CCPC), and by the CCPC in its decision to approve or deny a particular Dock Extension request. In order for the CCPC to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. Please provide a narrative response to the listed criteria and/or questions. Attach additional pages if necessary. ..A.0%--.0)••••■•C°1411:tY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ APLES,, FLORIDA I=AX 34104 252-6358 PLANNING AND REGULATION (239) - www.colllergov.net PRIMARY CRITERIA 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. ((The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate)) See attached sheet 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application Is unable to launch or moor at mean low tide (MLT). ((The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension)) See attached sheet 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. ((The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel)) See attached sheet 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. ((The facility should maintain the required percentages)). See attached sheet 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. ((The facility should not interfere with the use of legally permitted neighboring docks)) See attached sheet Co M r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net I SECONDARY CRITERIA I 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. ((There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth,or seagrass beds)) See attached sheet 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. ((The facility should not use excessive deck area)) See attached sheet 3. For single-family dock facilities,whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. ((The applicable maximum percentage should be maintained)) See attached sheet 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ((The facility should not have a major impact on the view of either property owner.)) See attached sheet 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. ((if seagrass beds are present, compliance with subsection 5.03.06.1 of this code must be demonstrated)) See attached sheet 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06.E.11 of this code. ((If applicable, compliance with Section 5.03.06.E.ii must be demonstrated)) See attached sheet Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358 www.colliergov.net I HEREBY ATTEST THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT, IN ADDITION TO APPROVAL OF THIS DOCK EXTENSION, A BUILDING PERMIT IS REQUIRED PRIOR TO COMMENCEMENT OF CONSTRUCTION. I UNDERSTAND THAT IF THIS DOCK EXTENSION PETITION IS APPROVED BY THE COLLIER COUNTY PLANNING COMMISSION, AN AFFECTED PROPERTY OWNER MAY FILE AN APPEAL WITHIN 14 DAYS OF THE HEARING. IF I PROCEED WITH CONSTRUCTION DURING THIS TIME, I DO SO AT MY OWN RISK. Signature of Petitioner or Agent CO er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358 www.colliergov.net BOAT DOCK FACILITY EXTENSION (BD)APPLICATION SUBMITTAL CHECKLIST THIS XACT ORDER LISTED BELOW WICOVER SHEETS PACKET IN THE EXACT ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF SUBMITTED NOT COPIES REQUIRED Completed Application 6 0 0 Owner/Agent Affidavits,signed & notarized 1 0 LI Addressing Checklist 1 Li 0 Conceptual Site Plan illustrating the following: 6 0 0 a. The lot and dimensions where proposed docking facility is to be located. b. All yard setbacks c. Required setbacks for the dock facility d. The total number and configuration of the proposed facilities,etc. (include all dimensions to scale). e. The water depth where the proposed dock facility is to be located and the distance to the navigate channel. (Water depth at mean low tide should be shown at approximately every five(5)feet of length for the total length of the proposed facility. f. Illustrate the land contour of the property on which the dock facility is proposed. g. The dock facility should be illustrated from an aerial view,as well as side view. 2 Electronic copy of documents and plans on CDROM Application and Review fees: $1500 Review Fee;$925 Legal Advertising Fee(estimated). Check payable to Board of County Commissioners - - ADDITIONAL REQUIREMENTS: At the and completion of the review process, the applicant shall submit 16 additional copies of the application 16 ddiiti nal copies of the Concepul Site Plan for t CCPC agenda packets. County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-6356 www.colliergov.net its the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist Is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. AFFIDAVIT INK 4i([ 4-i L_ • 2 Od' being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete,and all required information has been submitted. di its property owner We/1 further authorize 1Lrow.�f,H,, �p.r-,,:,.>;=to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing Instrument was acknowledged before me this q. day of iJou C , 201., by Pit C4111-t'L 1-E- c-i‘-- who is personally known to me or has produced as identification. 41L--------- State of Florida (Signature of Notary Public-State of Florida) County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) D*Yp , RtESHA t31E IWtE !�; °: MY COMMISSION it EE841653 '�"''` :so': October 08,2016 007140157 Ploridallolar Se .",c,m Description of Project Haldeman's Landing is proposing to construct a new docking facility that will protrude approximately 52 feet from the MHW line, including approximately 8,070 square feet of over water structure and consists of 42 slips, for the residents of the proposed ns the shoreline subdivision. onnboth area s des of the proposed docks,the applicant owns the creek and the bottomlands of Haldeman Creek. The layout will consist of a 473-ft-long by 6-foot-wide shore-parallel dock that includes twelve 30-ft-long marginal slips and 22-ft-long, 27-ft-long, and 30-ft-long by 4-ft-wide finger piers allowing perpendicular mooring for 30 of the 42 proposed mooring slips. The docks are located within a man-altered channel which connects Haldeman Creek to Naples Bay and further out to Gordon's Pass., List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each. Directly across the creek at the proposed development. Sanctuary at Demere Landing, a BDE was granted for docks protruding 49-feet from the MHWL. At Royal Yacht Services, a commercial marina east of Haldeman's Landing: existing docks protrude approximately 46-feet from the MHWL. Primary Criteria 1) The proposed multi-family dock facilitates the mooring of 42 vessels. The property has 938 linear feet of shoreline along the southern portion of Haldeman Creek.which is the location of the proposed docking facility. The remainder of the shoreline will not have docks built on it. The project site qualifies as a moderate ranking under the MPP. This equates to 10 slips per 100 feet of shoreline or a total of 93 slips. The 42 slips proposed is well under what is allowed by the MPP and is also well under the one slip per unit guidelines. Collier County staff has determined that the proposed, docking facility is consistent with the Collier County Manatee Protection Plan. The number of slips proposed is appropriate for the proposed facility in relation to length of shoreline, location,and the number of dwelling units proposed on the upland. The lengths of the vessels are also congruent with neighboring properties and appropriate for the size of the waterway; 2) The attached survey indicates water depths are not adequate to moor the vessels in the proposed slips. Dredging will be performed in order to moor the vessels closer to the shoreline and keep the rotrusion into the navi able waterwa to a minimum. This waterway has been dredged in the past so this will be a maintenance dredge and not new dredging. An extension is still required due to the width of the waterway in relation to the meandering MHWL, 3) The proposed docking facility will not impede navigation of the waterway. It does not protrude into the designated channel, as shown on the attached exhibits. The width of the waterway along the proposed docks will vary from approximately 97 feet to over 120 feet in width after the construction of the proposed docks. Therefore 50% of the width of the waterway will remain open and no adverse impacts to navigation are anticipated., 4) There are portions of the proposed docking facility that exceed the 25%width of the waterway when measured from the MHWL to MHWL, but this does not represent the width of the navigable waterway. The MHWL extends upland into the mangroves,far beyond the navigable boundaries of the waterway. When measured from the navigable width of the waterway, there is more than 50% of the width maintained for navigation. The applicant owns the creek bottom lands and the land on the opposite side of Haldeman Creek across from the proposed docking facility. That shoreline has been placed into a Conservation Easement which does not allow docks to be built on it. 5) The proposed docking facility will not interfere with the use of any neighboring docks. There is only one set of proposed docks near the applicant's proposed facility,and in this area, 50% of the waterway width is maintained. The shoreline of Haldeman Creek directly across from the proposed facility is owned by the applicant and was placed into a Conservation Easement, meaning no docks can ever be built on this portion of the creek. This makes the navigable width as large or larger than any other devloped area of Haldeman Creek. Secondary Criteria 1) The proposed docking facility would be constructed on a shoreline with mangrove vegetation and very shallow water. The MHWL is located a substantial distance from the navigable channel, creating a greater distance for the BDE. Also the applicant owns the submerged bottomlands of the creek and the opposite shoreline in the area of the proposed proiect. 2) The proposed dock would be constructed with a six foot wide main access parallel dock and four foot wide finger piers. These are minimum dimensions for safe mooring and pedestrian travel on dock { designed for vessels in the 25 to 30 ft range. This allows for proper safe access for loading, unloading, and routine maintenance,while minimizing overwater decking area. 3) This criterion is not applicable as this is a multi-family project. 4) The proposed docking facility will not interfere with any neighboring property owners'views of the waterway. The applicant owns the opposite shoreline. most of which has been placed into a Conservation Easement which does not allow docks to be constructed on. There are only a couple of residences across the creek to the east that would have a view of the proposed docking facility. 5) To our knowledge, there are no known seagrass beds within 200-feet of the proposed docking facility. A copy of the SRS is attached for review. 6) According to the Collier County Manatee Protection Plan,the, applicant believes that the proposed project qualifies as a moderate ranking but would qualify as a preferred ranking once the maintenance dredging is complete. Proposed water depths are 4- feet Mean Low Water(MLW). No impacts to any native marine habitat is being proposed. Additionally, the manatee mortality rate is less than 20%within a 5-mile radius of the proposed project site. With this ranking and the overall owned shoreline the proposed dock design meets the necessary criteria for approval. I ENVIRONMENTAL EXHIBITS L. Weeks Av ;, n� m ¢ 7'a BeccaAv�r,_ I STATE OF FLORIDA =§ N Dr 4 Shoreview, N 04' Sat a Dr■ Ir sue3ECT ;- Gul(view Et W )A� E PROPEM' . a. Dr tt x Riverview S. ,. 3 Dr "Ar t cc cm L Barrett Av d Di �Y W t r,:+, tT I } \ '` A . ._. StoerAv w as . n ! j Li . tinda m•" t , S l J t: MANt ► k - _ _ FT.MYERS sig ! Ke – M• t. cS . 61 MA' ,In VICINITY MAP ART • r ,a .111:4;.,...' KEY WEST • t rirr ' .� GULF OFS� EVERES " ` `p� r'." -.1 'I'7 -a , .,. ...y COLLIER COUNTY — SUSIECT f,, __----- - - ,t+>-.•.:X. ' PROPERTY -[� \ ` R SITE ADDRESS: NOTES: r <>2480 tAKEVIEW DR <>THESE DRAWINGS ARE FOR PERMUTING 4" NAPLES,FL 34112 PURPOSES ONLY AND ARE NOT INTENDED , :.i r:4 ,._l -i °+' "` ....t"H* FOR CONSTRUCTION USE. • ;f ;a <>LATITUDE: N26°OT 15' <>LONGITUDE: W81°46'40" COUNTY AERIAL T> ulreilIHall&AssociatesJflC. H AL E MAN'S CREEK 7,,7:,' ;�,a = Marine do Environmental Consulting _ 5,+ec*w: aavu s 3514 ETt>m6z Ave.SUIw B.Naples,FL 3410M3l32 LOCATION MAP Emit Ona@lartIl•asocats.a. Plow(239)643-0156 Esc.(239)643.6632 r - -- -. vim•^°®`•- GTbN-54.23 TOWNSHIP-505 RANGE-2SE I i I 8 i SFWMD AREA 1 DEP AREA 1 1 1 g i t 4 . i - I , k...,,,-, ...., 7 ,, st, \.; . . , ;- (.-v ,.. ,-..% , 743 .‘, .....■ 740 .... N 7,,,,,,,..,,,-;,_.-,,,`,„..--N:4 —,\ 740 4f:1-7-;>-/''/- ,, - -;,---- Y. ... .,.'',;., ' . , 612 .:.; 540 'CODE DESCRIPTION ACRES 1 Ilaa=21 1-M, MANGROVE WETLAND 7-0.es IEEE [ WETLANDS *1.29 ACRES DEP AREA 1 MEI' DISTURBED LAND 1 1 onoluiri SPOIL AREAS(SEAGRAPE,CABBAGE' _ I 1 *3.69 ACRES SFWMO AREA TOTAL:*4.98 ACRES l' 1 PALM.BRAZILIAN PEPPER) 027 1111 ii , .1i- , 422 .1 EXOTIC WETLAND HARDWOODS v; 7. 00,,, Z i '. 437 ' (BRAZILIAN PEPPER. I 0.61 AN PINE ' AUSTRALIAN / ■NO1ES: 1' 612 I , ; DI I ...-THESE DRAWINGS ARE FOR PERMITTING PURPOSES icrol' BAYS AND ESTUARIES :IIIEEMII EMI _ - ,— . ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE '1111111111'1 SUB TOTAL 1 131111311; 0 le 300 boo i .—sURVEY COURTESY OF"MESON MILLER" , SURVEY DATED:09-16-08 ■■■■■•■•••■ TOTAL 20 ,...■ .51 ' Jr.ACE 91fIVET 1.,SITE PLAN COURTESY OF'DAVIDSON ENGONEERING* - - - — - - — __ _ ____ — ' RAH DATED.07-16-09 —A \ Turrell,Hall&Associates,Inc. FIALIDEMA.NI'S CREEK /--limpor:_ Marine its Envineunental Consulting .93590. 99025 a . . • , 3584 Exchaage Ave.Suite B.Naples,FL 341043732 FLUCCS MAP &EU NO, OE OF 73 5. . . • ... Emi:Nm@tonammialesom Mac 039)643.01M Fa(2)9)643-4632 +Mao IIIIKA.S.MN ISMITS.SRP. •Ase Wont onc....ortseernues.an SECTION—14,23 TOWNSHIP—50$ RANGE-25E N W `,,,- E! E S -- 0 50 100 .10'. I ir° ' SCALE IN FEET MHW LINE a MANGROVE ��—� -1---- g �, MLW LINE re - -\ .-- - 180• 75%_ _ 8pI APPX.50% 9T _ 130' 50% w W 13T $IDTH OF -4—B —4:1'A;. WATERWAY - ZS% `:� ®-� ,a w x Mamas.. S .- n1�" t"E •• "11 II ►1 Iq 1^ n►1 n IR " '" ., p ,, P tar e5 t4 lbw cita ACV 9 • _ . �1 L;tc.T '14, �A Tit >P,'. 1�,�r sd4'�' .r b'A a 'qB ``p'8 $t ' tit*9c• tP MANGROVE FRINGE J�_B '�9'i -•#sA D MLW LINE C MHW LINE 4 TOB LINE 111 I SPOIL CONTAINMENT AREA ,1 OTE6: >THESE DRAWINGS ARE FOR PEMYTIING PURPOSES ■• Y AND ARE NOT INTENDED FOR CONSTRUC I N1 r. ALL DATUM SHOWN FIEREON IS REFERENCED TD MLW.!: _. :. .- --� TIDAL DATUM .p SNGVD.FANW1+ S NGYD. CODE LENGTH_ 1MDTH EXISTING RIP-RAP TOTAL PROTRUSION FROM MHYV LINE-APPROX.49 FT. r..::•:::•:• _ _._. -:25' —.— _ =_� �.<a BOAT LIFTS OPTIONAL FOR ALL SLIPS i -- •-•• DREDGE AREA'6591 CU,'MS. ��• �� ! o SURVEY COURTESY OF'1384S SurveyMg.Inc.' SURVEY DATED.03-03-07 �, { I , I PROPOSED DREDGE TO-4.0 MLW o SURVEY FOR NORTHERN SHOREUIE PROVIDED EY ----! ---_-- - '---- N I w .IV E !r. o u so 1 1 SCA3.EINS7'Et a - J —� 8 75% MHW UM z MANGROVE FRINGE _ MLW uNE 50% APPX.50%Wlf]7H OF WATERWAY 4 25% B � _22' x°" 9 s B I B t <- B 1 B I {°)"" A B {\B, B B B 201't 5 .t. v __. _. l 40'± 40.3 0 0 ail MANGROVE FRINGE .L AI- l� y L. I ig MLW UNE AI MHW LINE x f J TOB LINE C> i- DRAWINGS ARE FOR PER.IT NGPURPOSES I- 1• !V Al0 ARE NOT WTENDED FOR CONSTRUCTION USE o ALL OATUM SHOWN HEREON IS REFERENCED TO MLW. - -}��- I-PROPOSED OVERWATERSTRUCTURE:APPX SAM SF. CODE LENGTH MOTH Imo �k TIDAL DATUM:MLW*DS'NGYD.MNW4r)1.5'NGVD. _ _. —_ —. o TOTAL PROTRUSION FROM AWN LWE:APPROX 49 FT. 1 II BOAT UFTS OP ONAt.FOR ALL SLIPS I;_ 25 14 1 20 I. DREDGE ARE.Aa1Ot CU.YDS. I I� o SURVEY CWRTESY OF &S SUry Inc' �'� 30' 1S 1`©� SURVEY GATED:03-0307 a SURVEY FOR NORTHERN SHORELME PROVIDED BY - ---- 'WILSOwWLLER'SI VEYOATEDlM-24-09. ' TOTAL •TOTAL APPLICANT OWNED SHORELNE 3.432 L.F. --- - a�+a+® t..t OOa * -� •Terrell,Hati&Associates,Inc. H A L E M A N'S CREEK..,;- — ta°o 1°s Marine&Environmental Consulting •.”,= aOel- / 3584 Exchange Ave Suite B.Naples,FL 34104-3732 PROPOSED-SECTION A eel imagmellassaiatsge Pim:(239)643-0166 Fa:(239)643662 SECTION-14.23 TOWNSFgP-505 RANGE-25E 3 W it e s y,. rI MHW UNE ,,/j ' $ 1 0 25 SO •""- t11' H ' y SCALE INFFET MLW LINE - �bq W 75% z 7.4 MANGROVE FRINGE r. v o S APPX.50%WIDTH 50% OF WATERWAY . B 0 25' T 25% I. B B B A A jB i . -- •.. 117 E- •• 33'F 4T t 95 X I0 93't 6'- ie+ 40't c0 L ! W 1s I (d'M 6. .._ 1 -1= MLWLINE F MIAW LINE 1�' {o THESE DRAWINGS ARE FOR PERM ITTIG J TOE LINE • ,Y AD ARE NOT INTENDED FOR CONSTRUCTION US E o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. o PROPOSED OVERWATER STRUCTURE:APPX 8.07015F.! — - -- -- •TIDAL DATUM:MLW.(-)0.5 NOVD,MHW(.(01 5'NGVD- i CODE LENGTH WIDTH � o TOTAL PROTFnl,SION FROM IMNY UNE:APPROX.49 FT. _-- 1•.BOAT LI TS OPTIONAL FOR ALL SLIPS it.------r----- 14' 9. ';,,DREDGE AREA:8104 CU,YDS. • ,J�I: 25' i� o3URVEY COURTESY OF'YBLS Svn'el'Mi ' SURVEY DAT8Y.03-03-07 1E2>li 3m 15 �� —SURVEY FOR NORTHERNSI10RELNNE PROVIDED BY � _ �. I NYB.SONMLLER'SURVEY DATED 02-24-09. 1. --- - _TOTAL APPLICANTOWN�5HORELINE.3,432 LP. TOTAL �i J Turrell,Hall r&.Associates,Inc. H A L ID E M A N'S CREEK ��_ °s°a = = %��' Marine&Environmental Consulting v. catsa 35g4 Exchange Mt.sU(E B.Naples,FL 34104-3732 PROPOSED-SECTION B .' " 0a° SECTION-14.23 TOWNSHIP-SOS RANGE-25E (� seswol Phone:(239)N3-0I66 Fmc:(Zi9)643�a1 -am_ _ _ _ 0 ll W .rf.:" E u. S 0- 50 100 li` 1 1 611Z41 I a _ MHW LINE P. MANGROVE FRINGE \ ./, 1 MLW UNE I. I 130 <.-ao Vi-- - .... i--= I _j - I - �._-- 1 ; 0 a i -' --may It ....,- ..........,iey U1 u U U MANGROVE FRINGE It MLW UNE S MHW LINE TOE LINE w OTES: THESE DRAW RIGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. o AU.DATUM SHOWN HEREON IS REFERENCED TO MLW. PROPOSED OVERWATER STRUCTURE APPX.1.0706 SF. TIDAL DATUM:t.a.w4-too.NGVD,MHWK*) TOTAL PROTRUSION FROM MHW LINE:APPROX.49 FT. CS BOAT LIFTS OPTIONAL FOR ALL SUPS o DREDGE AREA:BIOS CU.YDS. o SURVEY COURTESY OF•SBLS Surveying,B.C.' SURVEY DATED:03433-07 o SURVEY FOR NORTHERN SHORELINE PROVIDED BY VALSONMOLLER'SURVEY DATED 02-2409. TOTAL APPLICANT OWNED SHORELINE 3.432 LP, .._�.. ' ),, Turrell Hall&Associates,Inc. M "";" e''''''''''4°-' n 0asna Mazin &Environmental Consulting � . 0 �� ,®.: ..m. t7aea- «c_ ..a,. F3alia 3584&shalt(239)Ave.S3-0166 l e:034104.3732 PROPOSED WITH DEPTHS SECTION-14,23 TOWNSHIP-SOS RANGE-2SE SwuJ. Pomlc(2 )643-0166 Fi 039)6436632 °' _____•,• ---- 1 =..., . ✓ . i .9. MHW LINE i ,,,, 1 S ., .4 1 0 50 1 i 1 MANGROVE FRINGE Y 1 ..,*■ 4 , mm..............■ SCALE IN FEET - - --...------ E• ' MLW LINE ; g APPX.50%WIDTH 1 OF WATERWAY . -----CO . _ ..--_____ — -- n_6. o 10 -- 1 ° ..• ,.. - _ ss• .. \ 7..."°-. - .I ___,,,.,......, ..-- ■9011111.111.1....„....„ ------"° — ., , --, __--7.---,7,.7....._ ....-...,..,-.....7--,--,.._.......---\..._7 r __-- ,...„..4_ - ------ tit MANGROVE FRINGE ill MLW LINE 1-...1 U I 11.414W LINE ; TOB LINE ------ — _ _,_ NOTES: ! , THESE DRAWINGS ARE FOR PERMITTING PURPOSES L. Y AND ARE NOT INTENDED FOR CONSTRUCTION USE, I.,ALL DANA.SHOWN HEREON IS REFERENCED TO MLW. ,-PROPOSED OVERMYER STRUCTURE APPX.1070i SF. _ , ,...TIDAL DATUM:mLvt4-p.s HGV111414W-1.)1 5*MD. CODE LENGTH WIDTH --= •=..TOTAL PROTRUSION FROM WIN LINE APPROX.49 FT. 1111.1 25' 14' . . 71 22 ! li 1 cs BOAT LIFTS OPTIONAL FOR ALL SIPS ,....DREDGE AREA:.910*CU.YDS. 1,-,SURVEY COURTESY OF*SEILS Surveying.Inc !all! SURVEY DATED: 3-0-01 30' ' 20 y i,•..>SURVEY FOR NORTHERN SHORELINE PROVIDED BY . LL------ -.-_--_--_---..,._- ....._.- _-- -----,_ A__= WILSONMILLER`SURVEY DATED 022409. I— TOTAL EMI TOTAL APPLICANT OWNED SHOREUNE:1432 LF. Tuna Hall&Associates,Inc. Marine&Environmental Consulting 3584 Excitant Asc Sake B.Napks,FL 34104.3732 HALIDEMAN'S CREEK --' DEPTHS-SECTION A °* t 'sHetsto.. UOR,s & • . • . Eva:amakiact Isnmockkaaan Plow 1239)643-0166 Fcc(239)643-6632 11012ANSMOSS2122WINMISONINialtSON22. SECTION-14.70 TOWNSHIP-SOS RANGE-25 E /�m S �~~~ 1 0 25 50 1 i* / SCALE __— —_~ _—_' I � I '�� -THESE" DRAWINGS ARE FOR PEFDAITTING PURPOSES ONLY AND ARE NOT INTBIDED FOR CONSTRUCTION USE. ALL DATUM SHOVVN HEREON IS REFERENCED TO MLW. /->PROPOSED OVERWATER STRUCTURE APPX 9.079t SF, !CODE LENGTH lAncrni OM, —Tt3TAL PROTRUSION FROM 1111W LINE:APPROX 49 FT. ‹,-BOAT LIFTS OPTIONAL FOR ALL SLIPS 30' 16' , 20 ! !,,SURVEY FOR NORTHERN SHORELNE PROVIDED BY 1 "VALSONMILLER"SURVEY DATED 0244-09. ....TOTAL APPLICANT OWNED SHORELINE 3,432 LF. 3584 Exchange An.Sme B.Nopies,FL 141043732 DEPTHS-SECTION B Mal its@tatE4SIOCIIIMMI Phone.(Z39)643-0166 Fax:(239)643402 SECTION-14.23 TOWNSHIP-SOS RANOE-2.5E '4 ' - xll• . Jr To P Ua,f TV- y r a a 3 } ti . 0 50 100 IIi t 2 SCALE IN FEET 4i ,�� t I Ii r ' C---_I -a i r r 1 n , 1:"- -9 EL- 9 T, 1 ), ,„ - V d fL eF '` .,� �-,THESE DRAWINGS ARE FOR PERMITTING PURPOSES. 4,,,„,. _ Y AND ARE NOT INTENDED FOR CONSTRUCTION USE "ash .;b - •ALL DATUM SHOWN HEREON I5 REFERENCED TO MLW - °o PROPOSED OVERWATER STRUCTURE APPX a.070t SF 0 x TIDAL DATUM:MLWq-)0.S NGVO,MHWR*)I.S NGVD. I o TOTAL PROTRUSION FROM MHW LINE APPROX.49 FT. ,o BOAT LIPS OPTIONAL FOR ALL SLIPS a " 7 I o DREDGE AREA et Ot CU.YDS. �. .Pli v SURVEY COURTESY OF'BBLS Surveying,Inc.- `P F. 'a " i o SURVEY FOR NORTHERN SHORELINE PROVIDED BY 1F4 r °'T''' -: T ,' _ ,� -WILSONMILIER'SURVEY DATED 02-2409. - , .TOTAL APPLICANT OWNED SHORELINE 3.432 I. 4• ': 'T" , air . —! Terrell,Hall&Associates,inc. HAL D E M AN'S CREEK©__ ___ � 4 ��©emt�e11. ""``" Muine&EnvironmentalConsulting e4 4a_wnmme∎ 35S4 Exchange An.Suite B.Naples,FL34104.3732 PROPOSED WITH AERIAL 4 aamm®eees■ East ket@luntil•arsookscom Phone;(239)643-00166 Fix(239)643-6632 -.. ........ ...........:.....:......, SECTION-14.23 TOWNSHIP-50$ RANGE-25E 1 P S i CROSS SECTION A-A iSCALE 1-=10 i I g ( R 140'PROTRUSION 25 -I r p e e e e 9 11 _ __ J r. � � . . 3.D — - -J ww__ Anew NOTE& o 11RfS'E DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE o ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. o PROPOSED OVER%WTER STRUCTURE APP*.8.070±SF. o TEAL DATUM:►.Wx-p.5 NGVD.MHWq.11.5"NGVD. o TOTAL PROTRUSION FROM WAN LME:APPROX.49 FT. o BOAT LIFTS OPTIONAL FOR AU.SUPS o DREDGE AREA*10t CU.YDS. o SURVEY COURTESY OF•BBLS Surveying,Inc.' SURVEY DATED:03-03-07 0 5 10 20 v SURVEY FOR NORTHERN SHORELNE PROVIDED BY 'YYLSONMILLER'SURVEY DATED 02-24-09. ∎�-■■■1 o TOTAL.APPLICANT OWNED SHOR:I.INE3.4321.F. SCALE IN FEET >__ Turrell,Hall&Associates,Inc. H A L ID E M A N'S CREEK°eso�m 7..- ▪ ' aau Marine Environmental Consulting .a!a ' a . • . Madame Ave.Suitt&NLpies,FL34104-3732 CROSS SECTION A-A Easik Mom(239)643-0166 Fir(2 39)643-6632 .. .... .:... .... 81GT70N-14.23 TOWNSHIP-50$ RANGE-25E a I I CROSS SECTION B-B iSCALE:r--41' 1 0 i - 43'PROTRUSION F i te 1 r.r. p Ca. .■ • 1 f MHw -tl -THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRICTION USE. I-ALL DATUM SHOWN HEREON.IS REFERENCED TO MLW. -5 O -PROPOSED OVERNMTER STRUCTURE APPX.9,070*SF ®TIDAL DATUM:M LW=(-(0.5'NGVD,MHN{t)1S NGVD. o TOTAL PROTRUSION FROM MHW UNE:APPROX.49 FT. a BOAT LIFTS OPTIONAL FOR ALL SLIPS I.. I...DREDGE AREA BSOt CU.YDS. o SURVEY COURTESY OF"BBLS Surveying,Inc.' SURVEY DATED:03-0307 16 I o SURVEY FOR NORTHERN SHORELINE PROVIDED BY 0 4 8 'WILSOMILL.ER"SURVEY DATED 02-24-09. v TOTAL APPLICANT OWNED SHORELINE:9.432 L.F. SCALE IN tFt t Malin&Environmental CoTEulting • JoB , L Iry 0� ��'�Turrell,Hall&Associates,Inc. H AL E MAN S C R E E K ®a�so: ii / 3589ExdungeAve,%iteB.Nplks,FL34104.3731 CROSS SECTION B-B ��®a - Emit auagandknocivestau RIox (239)643.0166 Fix:(2339)643'4632 - -- {mom sec-nom-14.23 TOWNSHIP-505 RANGE-25E 1 3 a a CROSS SECTION C-C SCALE:NTS 60' SPOIL MATERIAL NOT TO EXCEED 6' B STAKED SILT li HAY BALES i SCREEN r. I. .. —,j1 I I i 30' _ 30' .. UPLANDS USED FOR SPOIL CONTAINMENT BASIN CONTAINMENT SECTION TO ACCOMODATE APPROX.810 CU.YDS. . NOTES: . .. THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE. ALL DATUM SHOWN HEREON IS REFERENCED TO MLW. PROPOSED OVERWATER STRUCTURE:APPX.8,0701 SF. TIDAL DATUM:MLWM-)0.5'NGVD,MHIN=H1.5 NOYO. TOTAL PROTRUSION FROM WRY LIE:APPROX.49 FT. o BOAT LIFTS OPTIONAL FOR ALL SLIPS o DREDGE AREA:910t CU.YDS. o SURVEY COURTESY OF'8815 Surveying.inc." SURVEY DATED:0303'07 SURVEY FOR NORTHERN SHORELINE PROVIDED BY 'WLSONFR.LER'SURVEY DATED 02-2409. TOTAL APPLICANT OWNED SHORELINE:3432 L.F. oFSam ,.r 10._:.,.. Terrell,Hall&Associates,Inc, H A L D E MAN'S CREEK '` :" S 3. .. Marine&Environmental Consulting 9 .p s - •3564ExcbLOgs Ave.Su E.N�a,FL341O4-3732 CROSS SECTION C-C SECTION Fmk 23 TOWNSHIP-305 RANGE-25E Fmk s' noes:(239)6430166 Fix:(239)643.6632 i 3 3 i CROSS SECTION D-D ._.___ SCALE:1"=10' g3 S _ ±9'PROTRUSION s i - -6' 30' t .. a a - a 11411111111EM rINIIIIIIII.1 .,,...._._,,, ,,,,a.r....,,......,----". "Hw - Itia n THESE DRAWINGS ARE FOR PERMITTING PURPOSES } i ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE f e.+AU.DARN SHOWN HEREON IS REFERENCED TO#H.W. 1 PROPOSED OVERWATER STRUCTURE:APPX 8.070i SF.1 o<>TIDAL DATIAA:8&W*)0.5'N WO,MHA )1 S'NGVD. 14>TOTAL PROTRUSION FROM M HW LINE APPROX 49 FT. I, c>BOAT LIFTS OPTIONAL FOR ALL SLIPS DREDGE AREA 8101 co.LDS. , 0 5 10 20 SURVEY COURTESY OF-MILS Surveying,inc." 1 SURVEY DATED:03-0347 SURVEY FOR NORTHERN SHORELINE PROVIDED BY I SCALE IN btLI 1 NUNSONMILLER'SURVEY DATED 02.24-00. k,TOTAL APPLICANT OWNED SHORELINE:3,432 LF. oESCx+� 1rs. Is-s�- 1 —" Tunell,Hall&Associates,Inc. H A L d E MAIN'S C REEK ffi' x,a ,/''�,4. Marine&Environmental Consulting me tax. waxy .• /'� 1584 F.N�ege Ave U teB.Naples,FL 34104-3732 CROSS SECTION D-D ""- °"' Tmai Theme:(239)643-01(14 Fa[:(239)643-6637 SECTION-14.23 TOWNSHIP-505 RANGE-2SE UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP, INC UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF STANDARD PACIFIC OF FLORIDA GP,INC. The undersigned,constituting all of the directors of Standard Pacific of Florida GP,Inc;,a Delaware corporation(the"Corporation"),take the following action by written consent in lieu of a meeting of the Board of Directors pursuant to Section 141(f)of the General Corporation Law of the State of Delaware: ELECTION OF OFFICERS RESOLVED,that the following persons hereby are elected as officers of this Corporation,to such office as appears opposite their respective names,their terms of office to commence immediately and to continue until their successors shall be duly chosen and qualified or until their earlier resignation or removal: } Scott D.Stowell Chief Executive Officer David Pelletz President-Southeast Region Jeffrey J.McCall Principal Financial&Accounting Officer&Treasurer . Daniel A.Grosswald Division President Jay Lewis Division President Raymond James Birkholz Division President Frank Messina Division President Jerry Tomberlin Jr. Vice President-Finance Alexis K.McIntyre Vice President-Finance Michael Metzkes Vice President-Finance John P.Babel Secretary Denise Adams Vice President Michelle Bogarin Vice President I} Michael C. Debock Vice President-Land Acquisition Bradley Wightman Vice President-Construction Michael T. Collins Vice President-Construction Robert Perry Smithwick II Vice President-Construction Charles Bolen Vice President-Construction Barry Karpay Vice President-Land Operations Maurice Rudolph Vice President-Land Operations Carolyn Morrison Vice President-Sales&Marketing Harmony Michelle Munger Vice President-Sales&Marketing Peter Winter Vice President-Sales&Marketing Gary Keating Sales Representative Michael S. Miller Director of Construction Andrew Abel _. .Director of Land Development # Dana Solomon Director of Purchasing . Olaf Nillies Director of Purchasing Steven Dassa Director of Purchasing Thomas Russell Spence Director of Master Plan Operations Nathan Lambert Purchasing Manager David Vazquez Assistant Treasurer RESOLVED FURTHER,that the above-listed persons be,and each of them hereby is,authorized to negotiate,approve,execute and deliver,as designated officers of the Corporation,land purchase and option agreements,joint venture agreements,financing agreements,development,land use and other entitlement applications and agreements,and all other agreements and documents relating to the real estate development and construction business conducted by this Corporation(including in its capacity as a partner in a partnership or member of a limited liability company),and 130801111.K RESOLVED FURTHER, that the foregoing persons and positions are the only officers of the Corporation at this time and any other officers of the Corporation are hereby removed from office. EN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent as of the 14th day of August,2013. Scott D.Stowell g%`°I Jeff JcCal1 1308011JLK d RESIDENTIAL BOAT DOCK EXTENSION (BDE) PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 2013-1765 Date: 9-11-13 Time: 10:30 Conference Room: C Project Name: Fishermen's\Inoue Boat Docks Site Address 2480 Lakeview Dr Applicant: Jeff Rogers,Turrell-Hail Phone: 643-0166 Assigned Planner Fred Reisehl Meeting Attendees: (Attach Sign-in Sheet) Submittal Checklist is attached to Boat Dock Extension Application Notes: filOtrJ ITee'rr ItAy 146-00 REI) EF L.JIT-14 iJ 04- Cojtj-ry rtslApirt A-'610 -3)-441A441.* sc-÷f aW125 6111P e a — ruk__ f1 (ArLAI_ aloe!.I, I p yam 14.- ID 01.4eArilIAL CO-1.1411(1110 4 A it/1. 4 4 . • rriLr-4.4t.tS — ,'4 I ox 9-0 A#22 01 ( S.PI 444 Vac Q1/4-01:1' F'/Z. ñhi lit/i PHZ14 .4*Voi0( ifi C/CSVA/v/ 7-C1 O , ict A 1 itr. - .44/1/144 47T .Pitc-41;c110,71 (0/4 7s9cite, 1)1:=. 01f0.4/ 12#177/9 / 4 A m Ca4 bi,;;L:,f,74744fg4(-, Reavoe 3 05 AV-- 34-144.0„kt Cokw & k- 1305 Q so.—L,4i,4 FIRE CODE GENERAL COMMENTS: Ensure compliance with ALL applicable sections of Chapter 18 of the currently adopted edition of the Florida Fire Prevention Code(FFPC)regarding fire department access and water supply. Pursuant to FFPC 1:section 18.2.3.4.1.1,fire department access roads shall have an unobstructed width of not less than 20-feet. On the SDP Cover Sheet,please provide the following information for the proposed structure:(1)the type of Construction per the 2010 FBC;(2)the total square footage under roof(conditioned and non- conditioned)and (3)the sprinkler intention for new structure. NOTE:this specific Information shall match what is depicted on the architectural drawings that will be submitted under a subsequent building permit,as both the building permit drawings and the SDP Cover sheet will be scrutinized to ensure the information listed above is consistent on both sets of documents. Please provide a current flow test(I.e.within 6-months of submittal date)and hydraulic modeling(if necessary)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1: section 18.4.5.2 and Table 18.4.5.1.2 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the proposed structure and shall include pipe friction losses based on the Hazen-Williams formula. If the New Model Sales Center does not exceed 5000 square feet,then please provide a current flow test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling(if necessary)shall be provided from the flow hydrant(i.e. wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen- Williams formula. If the New Model Sales Center does,in fact,exceed 5000 square feet,then please provide a current flow test and hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling(if necessary)shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the New Model Sales Center structure and shall include pipe friction losses based on the Hazen-Williams formula. In addition, provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned)and the sprinkler intention for the New Model Sales Center. Show existing and proposed fire hydrant locations. Please identify on the ICP Cover Sheet the total square footage under roof of the largest proposed single-family structure. If any of the new proposed single-family structures do not exceed 5000 square feet of fire flow area,then please provide hydraulic modeling(if no hydrants are close to structure) demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.1.1 can be achieved for the proposed structure. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located)throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. if any of the newly proposed single-family structures do,in fact,exceed 5000 square feet of fire flow area,then please identify(if possible)where or on which lots these larger structures can be built as fire hydrant spacing is limited to a maximum of 300-feet. Also, provide hydraulic modeling(if no hydrants are close to structure)demonstrating that the Minimum Required Fire Flow and Flow Duration pursuant to FFPC 1:section 18.4.5.2 and Table 18.4.5.1.2. The hydraulic modeling shall be provided from the flow hydrant(i.e.wherever this happens to be located) throughout the run of fire line and to the various nodes up to or past the newly proposed single-family structures and shall include pipe friction losses based on the Hazen-Williams formula. If these larger single-family homes can be built on any of the lots,then the fire hydrant locations will need to be changed to a maximum of 300-feet throughout the areas being permitted. Additionally,provide on the Cover Sheet the type of construction per the 2010 FBC,the total square footage under roof(conditioned and non-conditioned)and the sprinkler intention for each of the structures that will exceed 5000 square feet in fire area. The maximum distance between fire hydrants shall be 500-feet in exclusive one and two-family areas with buildings not exceeding 5000 square feet and 300-feet in all other areas. Hydrant placement shall be started so fire apparatus is not forced to pass a potential hazard to get to the first hydrant. The turning radii throughout a fire access lane serving a building is required to be a concentric and concurrent 25-feet inside and 49-feet outside radii throughout the 90-degree turns in accordance with Collier County Fire Prevention and Protection Code Policy and Procedure Manual Article Number ACC 09-4. The ingress turn from Chipley Run Lane onto Glenforest Drive and the egress turn from Glenforest Drive onto Chipley Run Lane do not meet the required turning radii. If there is a dead-end fire access road that is in excess of 150-feet,then an approved fire district turn- around is required. The angle of approach and departure for any means of fire district access shall not exceed 1-foot in 20- feet and shall not exceed the design limitations of the fire apparatus for the respective fire district. SPRINKLERED BUILDINGS AND NEW FIRE HYDRANT INSTALLATION: Please identify and delineate on the SDP drawings the point-of-service location as defined in 633.021(19)and 633.021(9) F.S. Once the point-of-service location is established,it is from this juncture that a separate permit is required for the installation of underground fire lines in accordance with NFPA 24(2007 ed.)by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021,633.521 and 633.539 F.S. The SDP drawings must contain the following statements on the drawings: 1)"A separate permit is required prior to installation of any fire line." 2)"Installation of all underground fire lines shall comply with the 2007 Edition of NFPA 24." 3)"Underground fire lines shall be installed by an appropriately certified fire sprinkler contractor or a Type V underground contractor as defined and outlined in 633.021,633.521 and 633.539 F.S." 4)"Piping used for fire protection service(i.e.for fire hydrants and fire sprinkler service)that is run under driveways shall be buried at a minimum depth of 36-inches." Please delineate on the plan drawings locations of ALL fire protection appurtenances such as PIV(post indicator valve), DDCV(double detector check valve)or fire system detector check assembly,check valve,fire department connection(FDC), There shall be a fire hydrant within SO-feet of an FIX and on the same side of the roadway. FDC's shall not be placed between buildings. Per NFPA 24(2007 ed.)section 6.3.3.1,post indicator valves shall be located not less than 40-feet from the building. Per NFPA 24(2007 ed.)section 7.2.3,hydrants shall be located not less than 40-feet from the building to be protected. STIPULATIONS Please note that prior to the accumulation of combustible building materials on site,proposed fire hydrants must be operable and be able to provide the minimum required fire flows,and improved stabilized emergency apparatus access ways(min.20-feet wide)must be available to within 100-feet of structures. All fire hydrants,fire department connections(FDC)and post-indicating valves(PIV)shall be visible and accessible;they shall not be obstructed visually or functionally by trees,landscaping or parking spaces. 'INFORMATIONAL COMMENTS Installation of a water line that is used to supply fire hydrants and that is also used for domestic use or that is a precursor to domestic use,is not considered to be used exclusively for a fire protection system and therefore,will not be subject to the application of NFPA 24 requirements,separate UG fire line permitting requirements or limited to Category V fire protection system licensed contractor. EXCEPTION: where there is a fire system detector check valve assembly installed on the fire line serving a hydrant,in which case the Utility Department's purview will stop at the gate valve upstream of the fire system detector check valve assembly and it will be at this gate valve that the point-of-service will be delineated and where a separate fire alarm_permit will be required for the underground fire line and fire protection appurtenances to be installed per NFPA 24 and by an appropriately licensed Type V Underground contractor or Fite Sprinkler contractor. The term"domestic use"as referenced above is any use other than when used exclusively for fire protection and can include,but not be limited to, irrigation,potable and non-potable use. A separate permit is required for the installation of any fencing and gates(i.e.sliding,manual rolling, motorized or other)that prevent access by fire apparatus,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code;NFPA 1 and 101(2009 Florida-specific editions)and,where access boxes for manual gates and EVAC systems for electronic gates will be required. A separate permit is required for the installation of a generator,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code:NFPA 1 and 101(2009 Florida-specific editions) and,where applicable,shall meet the provisions contained in NFPA 110(2005 ed.) A separate building permit is required for the canvas awning,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code:NFPA 1 and 101(2009 Florida-specific editions)) and shall meet the flame propagation performance criteria contained in NFPA 701(2004 edition). Approval is limited to the Site Plan only. All architectural design changes shall also be submitted for review under a commercial Building Permit,where it will be reviewed for code compliance with the 2010 Florida Fire Prevention Code:NFPA 1 and 101(2009 Florida-specific editions). All new LPG installations shall require a separate building permit and shall be in compliance with the requirements of NFPA 58(2008 ed.). NOTE:Typically,underground containers with 2000-gallon or less water capacity shall have a 10'separation distance from ignition sources,overhead power lines,building &building property line. All laboratories using chemicals shall be in compliance with the requirements of NFPA 45(2004 ed.). All recreation vehicle parks and campgrounds shall be in compliance with the requirements of NFPA 1194(2008 ed.)Standard for Recreation Vehicle Parks and Campgrounds. The removal,relocation and/or installation of underground or above-ground fuel tanks shall require a separate permit and be in compliance with the requirements of NFPA 30(2008 ed.)Flammable and Combustible Liquids Code and NFPA 30A(2008 ed.)Code for Motor Fuel Dispensing Facilities and Repair Garages. Typically,any type of floating or fixed docks or piers and associated structures require a separate permit and shall be in compliance with the requirements of NFPA 303(2006 ed.)Fire Protection Standards for Marinas and Boatyards. It is understood that the proposed development outlined in the PUDZ documents is conceptual in nature. And as there is not enough information at this time to offer specific comment regarding compliance with currently adopted Fire Codes,please note that throughout all subsequent progression of the site development,all permits will be subject to compliance with all Fire Codes,Standards, Ordinances and local FCO Policy&Procedures adopted and in place at the time of the respective permit. This shall include,but not be limited to,fire lane widths,turning radii and dead-end requirements, hydrant locations,fire flow requirements,etc. The Fire Code Office has no objections to the proposed use outlined in the Conditional Use(CU) request as it relates to zoning. However,all new and/or existing structures will be subject to compliance with all applicable Fire Codes,Standards,Ordinances and local FCO Policy&Procedures adopted and in place at the time of the CU permit. As the Fire Code office has not performed a site visit and verified that existing structures comply with applicable Fire Codes relative to the proposed use,it is understood that a final fire inspection is required and is the responsibility of the applicant to schedule such inspection with the appropriate local jurisdictional fire district. Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES.FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to are- application meeting.please allow 3 days for processing. Not all items wtN apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(indicate type below, complete a separate Addressing Checklist for each Petition type) BL(Blasting Permit) 0 SDP(Site Development Plan) BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) Camival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) }Alf4 ' ,, (-/C.-v,( 1 Z_ • I - So-ZS 1 IOC - -Tc.LF (Anil Z FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one)C04 t2. 00-375&36 000 G 61 235,5 ZcooS STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 21181D LA\SOvy0W Iii V • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL# L Pre-Application Meeting SIGN-IN SHEET PROJECT NAME: Fishermen's Village Boat Docks DATE: September 11,2013 Project Manager: Fred Reischl,AICP Planning&Zoning 252-4211 fredreischl @colliergov.net L bavid Anthony Environmental Review 252-2497 davidanthony@colliergov.net J;lSummer Araque Environmental Review 252-6290 summerbrownaraque @ colliergov.net Aff Heidi Ashton-Cicko Assistant County Attorney 252-2 7'-WO heidiashton©colliergov.net ❑Alison Bradford,P.E. Stormwater Engineering 252-6820 alisonbradford @colliergov.net ❑Paula Brethauer Intake Team 252-2401 paulabrethauer@colliergov.net ❑Mark Burtchin ROW Permitting 252-5165 markburtchin©colliergov.net l;l!>rraig Callis Utilities Review 252-2905 craigcallis @colliergov.net ❑George Cascio Utility Billing 252-5543 georgecascio©colliergov.net ❑Chris D'Arco Environmental Review 252-2497 christopherdarco @ colliergov.net ❑Paula Fleishman Impact Fees 252-2924 paulafleishman@colliergov.net ❑Nancy Gundlach,AICP Planning&Zoning/landscaping 252-2484 nancygundfach @colliergov.net ❑i6ed Jarvi,P.E. Transportation Planning 252-5849 reedjarvi@colliergov.net teven Lenberger Environmental Review 252-2915 stevelenberger©colliergov.net ❑Mike Levy Intake Team 252-4283 michaellevy @colliergov.net ❑Ricco Longo Fire Code 687-5650 rlongo @ccfco.org ❑Paulo Martins Utilities 252-4285 paulomartins @colliergov.net ❑Jack McKenna,P.E. County Engineer 252-2911 jackmckenna @colliergov.net ❑Michele Mosca,AICP Comprehensive Planning 252-2466 michelemosca @colliergov.net QBrandy Otero Alternative Transportation 252-5859 brandyotero@colliergov.net ❑Mariam Ocheltree Graphics 252-2315 mariamocheltree @colliergov.net Ziohn Podczerwinsky Transportation/Pathways 252-5890 johnpodczerwinsky @ colliergov.net ❑Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt©colliergov.net UTrinity Scott Alternative Transportation 252-5832 trinityscott @colliergov.net a//ark Strain CCPC/HEx 252-4446 markstrain @colliergov.net ❑Carolina Valera Comprehensive Planning 252-8498 carolinavalera@colliergov_net ❑David Weeks,AICP Comprehensive Planning 252-2306 davidweeks @colliergov.net \1bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Current\ReischIPre-Apps\SIGN IN SHEET REZONE rev 12-18-2012.docx revised: 8/9/2012 NAME REPRESENTING PHONE NUMBER E-MAIL ADDRESS .1 3 Gcrkt 6-fo+,C. 5s*- - -{�4 _ ;.5a--�y OyO 5Lo-l�-,S-F0,47--.2- c-di:. Cry mod. \1bcc.colliergov.net\data1GMD-LDS\CDES Planning Services\Current\Reischl'Pre-Apps\SIGN IN SHEET REZONE rev 12-18-2012.docx revised: 6/9/2012 4Cr'T of DEPARTMENT OF THE ARMY ,s., ,R 4,:e JACKSONVILLE DISTRICT CORPS OF ENGINEERS \-\\,��//. 1520 Royal Palm Square BLVD.SUITE 310 a1 Eii �;M Fort Myers,FLORIDA 33919 �_�++` 19 August 2013 � °`P,. R @PLY TO ATTPNINN OF Regulatory Division South Permits Branch Fort Myers Permits Section SAJ-2007-02042(IP-CJW) Turrell,Hall&Associates,Inc. 3584 Exchange Avenue Naples,FL.33919 Cc: Michael DeBock 405 N.Reo St.,Suite 300 Tampa,FL. 33609 Ladies and Gentlemen/Dear Marielle Kitchener: This is in reference to your letter dated 14 August 2013,regarding the transfer of Department of the Army permit number SAJ-2007-02042(1P-CJW). The permit was originally issued to James Kearley on 6 November 2009. The project is located at Latitude 26.12514,Longitude -81.77455,in Section 11,Township 50 south,Range 25 east,Naples,Collier County,Florida. The 19 August 2013,notification is now part of the official permit and reflects the following: Transfer From: James Kearley 525 Okeechobee Blvd.,Suite 700 West Palm Beach,FL.33401 Transfer To: Michael DeBock,Standard Pacific and Florida GP,Inc. 405 N.Reo St.,Suite 300 Tampa,FL.33609 Please be aware that all general and specific permit conditions remain in effect and as the Permitter you are required adhere to all conditions and limitations of the permit. Although all works authorized must be completed within.a specific time limit,the permit itself with its limitations does not expire. You should attach this letter to the permit. Enclosed is a blank transfer form to be used should the permit be transferred again. General Condition 4 requires the permit be transferred to the new owner if the property is sold. Upon -2- completion of ownership transfer,please have the transferee sign,date and send the enclosed notification to the U.S.Army Corps of Engineers,Regulatory Division,Special Projects and Enforcement Branch,1520 Royal Palm Square BLVD.SUITE 310 Fort Myers,Florida 33919. Thank you for your cooperation with the U.S.Army Corps of Engineers Regulatory program. If you have any questions concerning this matter please contact Russell Rouan at the letterhead address or by telephone at 239-334-1975 x26. Sincerely, Russell Rouan Project Manager Enclosure Copy.Furnished: 19 August 2013 DEPARTMENT OF THE ARMY PERMIT TRANSFER REOUEST PERMIT NUMBER: SAJ- - ( - ) When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the • new owner(s)of the property. Although the construction period for works authorized by Department of the Army permits is finite,the nennit itself,with its limitations,does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions,have the transferee sign and date below and mail to the U.S.Army Corps of Engineers, Special Projects and Enforcement Branch,Post Office Box 4970, Jacksonville,Florida 32232-0019. (TRANSFEREE-SIGNATURE) (SUBDIVISION) (DATE) (LOT) (BLOCK) (NAME-PRINTED) (STREET ADDRESS) (MAILING ADDRESS) (CITY,STATE,ZIP CODE) uicrMrc i ram I or I fit AKW1 T • JACKSONVILLE DISTRICT CORPS OF ENGINEERS TAMPA REGULATORY SECTION W Mi 10117 PRINCESS PALM AVENUE, STE 120 TAMPA,FLORIDA 33610/302 r'-'" REPLY REPLY TO RTTENT1001 OF April 21, 2011 Tampa Regulatory Section SAJ-2007-02042 (IP-CFW) Mr. Jack Antaramian Lakeview Drive of Naples, LLC 265 5th Avenue Naples, Florida 34104 Dear Mr. Antaramian: The U. S. Army Corps of Engineers (Corps) is pleased to enclose, the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of: a. The date of commencement of the work, b. The dates of work suspensions .and resumptions of work, if suspended over a week, and c. The date of final completion. This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville District at the Fort Myers Regulatory Office, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, Florida 33919. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Permittees have strictly adhered to permit conditions. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. Sincerely, Donald W. Kinard Chief, Regulatory Div sion Enclosures I I • ' • . . 03.1112,01 HALDEmAN's LANDING ' 3 AIMPLAMF1420.1.1. 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SPR CONSROCRW MEOW ROES Ran..vLNAE AS ANNom Er ram.oowN[NU UYNR or pWP A TRU FR Ill SDP- APPUCm[PROM sn+cwms uouPOA,wY HALDEMAN'S LANDING AE NO...,. Ps..........at s DATE..3/25114 'Pm.Sonar A Y,YY.YE w ar DUE:432114 FISCAL SHEET Ply://waesL.lm..w/•M.tln/ YEAR NO. 14 5-1 . A . a LIGHTING FIXTURE SCHEDULE ORDER INFORMATION 0 MANUFACTURER OTT LUMINAIRE CATALOG NUMBER* VOLTAGE MOUNTING REMARKS • A LUMEC 30 L1110-90W49LE04K-ES-LE3 •• 208V-2400 POLE DECORATIVE LUMINAIRE WITH TYPE 3 OPTIC LED LAMP.15 FT MOUNTING HDGHT ON DECORATIVE ALUMINUM POLE WITH A CONCRETE FOUNDATION, B LUMEC 4 LOO-90W49LED4K-ES-LE3 •• 2080-2400 POLE OECORATIVE LUMINAIRE WITH TYPE 3 OPTIC LEO LAMP.15 FT MOUNTING HEIGHT ON DECORATIVE ALUMINUM POLE TO BE ATTACHED TO RETAINING WALL(SPECIAL DETAIL REQUIRED) •OR EQUAL PER ALTERNATIVE MANUFACTURER ••FIXTURE COLOR(AS)TO BE DETERMINED LAYER. CONTRACTOR SHALL WET OTMER TO DISCUSS LENS WHO FOUNDATION TYPE GENERAL ELECTRICAL NOTES: • I. ELECTRICAL M0RR Soli BE M CONFORMAIME MYTH APPLICABLE LOCAL STATE AND FEDERAL CORES ANY ORDINANCES GOVERNING ELECTRICAL SYSTEMS 2 CONTRACTOR SHALL WATT LOCATION OF PROPOSED IDEATES,AND •N IRRIGATION SLEEVES PRIOR TO DRLUNG POLE FOLW PO OATON. MINOR E LOCATION MOOFICATIRNS MAY BE MADE BY CONTRACTOR IN THE FR'LD I TO AVOID CONFLICTS MAJOR POLE LOCATION MODf1CATOMS STULL RE APPROVED BY ENGINEER OF RECORD. S PRIOR TO PURCHASING ELECTRICAL ERJWMENT,SHOP DRAWINGS SHALL BE SUBMITTED TO ENGINEER FOR APPROVAL • A. UPON OMPLETON or THE PROJECT CONTRACTOR SHALL SUPPLY TONER ONE SET OF AS-BUILT SHOP ORAWN05.SHORING EXACT ELECTRICAL INSTALLATION. 5. FUSE HOLDERS(BUSSMAN IRON H-ONE FUSE HOLDER 0/MM 5 AMP AOW BLOW FUSE OR EONAL),SURGE PROTECTORS(HUNT ENTEIORSES IN-LINE TYPE OR EQUAL)AND GROUND RODS(S/N•X 10•,COPPER GLAD,MEASURED 25 RIMS OR LESS)SHALL BE PR00DE0 AT EACH LIGHT POLE FUTURE BASE. A. PULL ROXES SHALL BE IN-GROUND TYPE CARSONS 1419-4I BOLT 001151 T COVER(OR EQUAL) 7. CONTRACTOR TO SUPPLY ENGINEERED DESIGN NATURE.POLE AND TOUNDATON SEALED BY I FLORIDA ST UCTURAL ENGINEER TO THE REWRED DE94Nµy10 SPEED A B. SIX(B)FT MINIMUM CLEAR ZONE FROM THE STREET LIGHT POLES TO THE EDGE Cr PAVfl1ENT OF LOCAL STREETS 9 REWIRED. FIXTURE DETAIL CONCRETE FOUNDATION p.m�AX WAe...T. 11Al`N. ro um=a MNMISOMY IA g; �'bAa�•TU•IDilNG'l-� N,4u:.c- wnN xe HALOENMANS LANDING �� II. �irebllcoek ....s."'OEVfLPPMfMPIAN/SOP/ NO. COLLIER nNwol,RPNecT IP ALPTaRBgSCXBDOLBNND M778S B,L 202 iuEFlq nvn ...s.s ns.i,. NA COLLNER NA L-.7 1 NTS 71■- 14,1\„:\. ,(, (75-c3-"--------\,4 1 1 ik' .4 1 . O 0 v_ a ! LAKE , Q ��, 1 AI P) ,4'11126 guiV.I.elligalAilirfr7r..-' ra _ t ,- O a7'/1��N1►iiiTrrr+�r�rr��r✓•�ri�•%.' -) 'Iiiiramiami iti11110111111011111110 I' '. C ' ik tit,,,. ...,,.._ 5 litlir I � �� I■ .— =�I, ram. lifl .11 i +Ii , _ LAKE , ' i .""' r • I , , am. _ SEE SHEET L-7 SEE SHEET L-6 SEE SHEET L-5 SEE SHEET L-4 rcs.,,,:=71:=:;.7.747: REVISIONS 'PL!-<<ri m:•■IIMINIMIMILI∎1∎ iLaLY.. ,`- HAIDENNAN5 LANDING 517E DEVELOPNEM PUN/SDP/ wor Trebllcoc axm n rnu rwr ro PROJECT MAP Il l 1,15 norx avo wnrm�„O i '.�.u�rfliiie NA COLLIER NA L-3 .... 2111.14 Ai.ti ----,-------- ......11.11.1111111.1111.11.111111111111Mil.1.1111.111111111.11111111111111.111111.1111111111111111111 411.1 4.111 4..1 immel INII t " =iii ;Iiil a - = - - - - - - - - ....' -•- . ■III 46111 4°11 sW I 1 1 1 CO , I 1 I 1 i i thilli dilliallite ow —... u - tr--- -----ThYd iktr!lIwPg- : 01 ".----- 1 _ C:\ Wer MI . . Mt • : mom ■. it, ix 0 Air .. bob.-mail 1 0 11 i . . , 1A.li..iLM, ,. 0 - --em. .--- ---401'4° - -41.1 romon--imi..w... wilimil_ - Vs0„,..■■••--••---I ..... ..• ■21re°1-' ........____-_-., 4,,eowzmijlltIIIMIMII JEgpmmilli 1 ■-.4•6,....... 1-■—•,--- 100 ,1' 7 tii 4. . , , IN • 01m4C60 0 ()Mr rote PEA SCHEDULE 0 6 - ; MIME MAR IOU UKATION on's, • • Ials I. .. SEE sivi77-F"'"7"--"" rcs certrincon:olg" '74'"'"" DEVAS,OUS coca :ffEHnevALDE7011ZSATLANnANDINIG50„, OAR OferJUDIION I Otill 1 DESCAlPSIDE * — SHUT ,1,,' )MIMI PLAN L-4 •------ .—.,..4,4=„..*.,•--,--...*.,-......,m.,.,..•, -,..,...m-. 1 SEE SHEET L-4 I=MIN I/ NO OW T-- r, 1 ■ 1 ir/ Illiff . - , / 0 1 �IIII O 4„ r _ • r1 i W ii Q 1 1111h.,X0 • • Feet l4ro�:�.uN55NIA `■� 8 PROPOSED oXdNS •allial 10 pil .--..---__ ' &I)Ak SEE SHEET L-6 .C5OINT,.",LAATTIONOFw ::5:'.m/6 X00151055 •F /•r • r 1Pr10■ NALDENMAN5 LANDING SMUT - ...SITE DVELOPWAT PLAN/SDPT b1COdi COUNTY FINANCIAL.5w5CT 1e PLAN IIQIi,U-141HXMq NA COLLIER NA L-5 ims PIPER al. sums ns urus PL)r..N is L»mrP 1.11 n S.As x /AN NUiern.....W..+...A .aThnaTr-iva .......��■�� Mi SEE SHEET L-5 NM MI MN MI r�� j 9; c4,111 1 Ili.1 �I • , 0..... ,t.,4 .01111, . ...= • ..._ di rim i * IM----0 1 Nil 0 .., I . o 1 owrolitim 1 i , 1 I i � I .. , . • well L: NI )i . o .-„ ■w ss=a di I q-7q eo ��,, ' ' Feet � VilW11iA 1 ir, _.. uwrrole AEA SCHEME I,I © WI?POSE rea.axewu -"-'...*'\ ',• =�l,�� ) I� • Prow.EO wee rate Loewe.WSJ \\:\ %,(.-:::, 11Z`° ! � • di r„. .'"gm SEE SHEET L-71 •@.}IS n.ne�iz ETION MK cs um,.0 no..rmratPusarla.E ewe. a�■�a HALENNAMS LANDING rx.r .A eleMe■dtidlU.'101•11111 :CiWR SITE DEVELOPMENT PANI SOP N. — I , {OYIICOCN 1101111.■ q aAO. Ow wm na..E • aft!, A o NA COLLIER NA �N L-6 f . ` 1 . . .. ,r-- . 7 —)i...., 1_ SEE SHEET L-6_! ay.. 4,„„,._ .7 ,,i;,,,,02,4-11‘,',:,' I kiiii: ,i, I/...rler:::i'\,,,,i.. _.......•,,,0C=-7___0/../ e mi () .11111117 lai-3 ft' i NW 1.11 '..,,_ -;;40 1174 ‘‘IN AO 1 e... ti\iii:. A. C7 P40 ,:''.- P° ..IIINg .; D 0% -k! 'i 'l -,. irpd di 0 00 ON i e 20)1' j O Feet \ - Milt ROSE MI SENFOULA 0011kriL\ O O• MEOW Mmn Roo LOCO,ION ms V �.� �� 1)C rcs anrmuruN a.wrN azorel na an+ 'ase pecr.aimoN REVISIONS [Mums HALOENMAN5 LANDING Sw� —' TrohtICOcK ,„,•sp�E DEVELOPMENT PLAN/SOP/ caLOP EINIRE IS Ream I.' Pl.A1V lion 1111,11011/erlll NA COLLIER NA L 7 ■ t n.arse etv0 wi�E.cr Was e.r.i.e o�... b:Mw..vmm w ebR..wN.1...W.�......wal...�rvMW% i t''Mr. ■