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EAC Agenda 07/11/2007 ENVIRONMENTAL ADVISORY COUNCIL AGENDA Wednesday —July 11, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of June 6, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU-2004-AR-6904 "S.R. 846 Land Trust" Sections 35&36, Township 47 South, Range 27 East Sections 1 & 2, Township 48 South, Range 27 East B. Planned Unit Development Amendment No. PUDZ-A-2006-AR-9374 "Naples Reserve RPUD" Section 1,Township 51S, Range 26E C. Site Development Plan SDP-2006-AR-10397 "Germain Automotive Dealership Inventory Storage Lot" Section 16, Township 48 South, Range 25 East VII. Old Business A. Update members on projects Item VIII.A. (below) to be heard no later than 9:30 a.m. and before Land Use Petitions, unless otherwise noted. VIII. New Business A. Presentation about Team OCEAN —Jennifer Rogers of Marine Resource Conservation Partnership B. Update members on upcoming presentation scheduled IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on July 6, 2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. June 6, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, June 6, 2007 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM, in REGULAR SESSION in Building "F"of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes William Hill (excused) Lee Horn Dr. Judith Hushon Roger Jacobsen Richard Miller Nick Penniman (excused) Michael V. Sorrell Dr. Llewellyn Williams David Bishof(alternate) ALSO PRESENT: Summer Araque, Senior Environmental Specialist Stan Chrzanowski, P.E., Engineering Review Manager Susan Mason, Principal Environmental Specialist Laura Roys Gibson, Environmental Specialist Margaret Bishop, Sr. Project Manager Gene Calvert, Stormwater Management Director Jeff Wright, Assistant County Attorney ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 6,2007 9:00 A.M. Commission Boardroom W.Harmon Turner Building(Building"F")-Third Floor I. Call to Order II. Roll Call ill. Approval of Agenda IV. Approval of May 7,2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU-AR-8748 and Environmental Impact Statement, No. EIS-2007-AR-11502"Ashraf Fawzy Aquaculture" Section 22, Township 49S,Range 27E VII. New Business A. Update members on topics of interest(future presentations scheduled) B. Recycled Roof Tiles C. Gordon River Greenway D. 5 year review of the RLSA-July 24, and July 25,2008 BCC Chambers VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XL Public Comments XII. Adjournment Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 P.M.on June 1,2007 If you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition(530-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto;and therefore may need to ensure that a verbatim record of proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. n June 6,2007 Call to Order Chairman William Hughes called the meeting to order at 9:00 A.M. II. Roll Call Summer Araque called the roll and a quorum was present. III. Approval of Agenda Dr.Judith Hushon explained that New Business is on the agenda ahead of Old Business in order to accommodate the Presenters under New Business. Roger Jacobsen moved to approve the agenda. Second by Lee Horn. Carried unanimously, 8-0. David Bishof alternate, had arrived at 9:04 A.M. and was introduced to the members at this time. He spoke briefly on his background. IV. Approval of May 7,2007 Minutes Corrections noted by Council Members: Page 1. correct spelling of Dr.Williams name is-Dr.Llewellyn Williams Page 3. under Disclosure-Mr. Jacobsen's 2nd comment is to read... stated concerns that Rookery Bay would not have sufficient manpower to monitor this, as well as the southern tip of Keewaydin. Page 6. under Discussion—5th bullet is to read... RCW habitat survey is being requested. Page 7. under C. 16"'bullet is to read... RCW survey has been done and no active RCW cavity trees were found on the mine site. Page 8. XL Public Comment was heard before item VII.,thus shown out of order in minutes. Page 8. under VII. Old Business A.is to read... The Sunshine Laws-Strike Roberts Rules of Order and Also—the last word in the paragraph-correct spelling is Janet Curran Page 9. under VIII. correction under Disclosure—Mr. Jacobsen affirmed that he does not know the petitioners personally. Mr. Sorrell stated it was he, not Mr. Jacobson who knew the petitioners. Roger Jacobsen moved to approve the minutes, as amended. Second by Dr.Llewellyn Williams. Carried unanimously, 8-0. Michael Sorrell brought to everyone's attention, that copies of the video tapes of the meetings are readily available for viewing. 2 June 6, 2007 V. Upcoming Environmental Advisory Council Absences Summer Araque announced that there will be meetings held July 11 and August 1. She requested to be informed of any upcoming EAC absences. Nick Penniman will be absent for the July meeting. Dr.Llewellyn Williams stated he will be absent for the August meeting. VI. Land Use Petitions A. Conditional Use CU-AR-8748 and Environmental Impact Statement, No. EIS-2007- AR-11502 "Ashraf Fawzy Aquaculture" Section 22,Township 49S, Range 27E Presenters were sworn in. Disclosure: Roger Jacobsen stated he contacted the agent and found out that Alan Roseman is retired and no longer with the firm. He was referred to Wayne Arnold. He called Mr. Arnold for an appointment to visit the site; but did not receive a return call. Rich Yovanovich of Goodlette,Coleman and Johnson,representing Mr. Ashraf Fawzy, introduced Jeremy Sterk, Hoover Planning and Development, Inc. and Dean Smith, an engineer with Grady Minor and Associates, P.A. who were present to answer environmental and engineering questions, respectively. Mr.Yovanovich explained that the petitioner, Ashraf Fawzy, is seeking a Conditional Use to permit excavation and removal of dirt, in excess of 4,000 cubic yards, for a lake, as part of an aquaculture facility for native fish. • He pointed out the area on a presentation map. The lands concerned, a 15 acre parcel, permitted under the Right to Farm Act are designated as Sending and listed as agricultural use under the Collier County's Comprehensive Plan. • At issue and the reason for the conditional use permit was that digging the hole was allowed but removing the dirt from the property required a conditional use permit. • Agreement in place for removal of dirt and for stabilization of roads as the process progresses. • Best Management Practices(BMP) are being followed in the construction and management of the facility itself, including any fish waste related procedures. • All water from the site will be routed into the aquaculture lake. • The Environmental Impact Study(EIS)requirements have been met. EAC's review of the EIS would follow through with continuation of the process of obtaining the Conditional Use permit. • He asked for the approval of the EIS by the EAC. Dean Smith answered several questions posed by the Council Members regarding berms, de- watering, sheet flow,wells and effects on adjacent land owners. Stan Chrzanowski pointed out the site area on a map and spoke of the pit bids coming in for other properties around the project. He noted that the property lies at the divide between Golden Gate Basin and Henderson Creek Basin so no surface drainage shadow is involved. Roger Jacobsen noted that with each applicant for projects (mining, farms),the whole section is visibly changing and sheet-flow will be changing. He also questioned how much 3 June 6,2007 soil would be removed and time frame. (approximately 300,000 cu.yds. in approximately 5 months) Dr. Judith Hushon noted that nutrient rich waste from pond and fish would be produced and asked what options in the BMP would be used for dealing with it. Jeremy Sterk explained the natural processes with stocking and feeding rate limits will provide natural bacteria to maintain proper balance. Plant accumulations would have to be de-mucked and moved to landfill at some distant point in time. Ashraf Fawzy explained about the cages to be used for the fish(like floating docks) and the types of fish. He stated that waste was organically broken down. Plant bacteria and soil will filter. Adding less fish to large amount of water balances the breakdown of waste. Dr.Llewellyn Williams questioned contingencies in catastrophic situations, such as crash of system,hurricanes and unforeseen situations. (Will be a haul off site) David Bischof asked about aeration plans. Ashraf Fawzy explained that the small amount of fish would make aeration unnecessary. Organic,natural means were preferred. They have a system; but plan not use it too often to save energy. Their main objective was to use BMP and to not lose the fish. William Hughes spoke about the cumulative knowledge and depth of experience of the Council Members,along with their object of being protective of local control when it comes to the hard task of weighing costs and benefits of the development, as evidenced by their concerned questions. Public Comment:—None Staff Comments: Laura Roys Gibson, Environmental Services clarified some points in Rich Yovanovich's presentation: • Issue was not just to remove dirt,but also one of raising fish. Thus,the need to approve EIS for aquaculture operation. Only because aquaculture is an agricultural use is the Conditional Use allowed in Sending Land. • Staff has not completed Agricultural Notification for clearing vegetation. It can be done after EIS is approved. • They will need excavation permit to start digging. • Other zoning requirements/site improvement plan may be needed. Staff recommended approval with following conditions, which had been agreed to by the petitioners: Stormwater Management-there were no further conditions Environmental - 1. Results of the Big Cypress Fox Squirrel survey and listed plant species relocation will be provided within 60 days of the Agricultural Clearing Notification approval. 2. Copies of required agency permits shall be submitted before approval of the Conditional Use. Chairman Hughes question what will be done in the event operation ceases at n the end of a 20 year or longer term period. 4 , June 6,2007 Rich Yovanovich noted that there were 3 parcels making up the site that may allow 3 homes could by built, under Sending Lands density, unless rules change on the ability to do TDRs. Chairman Hughes then passed out large aerial maps, provided by Stan Chrzananowski, for members to mark each project as it comes along for review, in order to view the big picture as these areas are opened up; keeping in mind the impact to the area. He cited the need for an updated lidar for use of natural flow resource information. Dr.Judith Hushon cited watershed management plans having a need for maps and unified planning documents to show overall water flow as various water management planning entities plan future projects and for better demonstrations at public meetings. The two issues to be voted on were the EIS, with its two conditions recommended by staff and the Conditional Use and its required permits coming in. Roger Jacobsen moved that the Council approve the EIS recommendation and the Conditional Use recommendation based on staffs two environmental concerns-Fox squirrel and plant species relocation provided within 60 days and the permits for the Conditional Use submitted before approval. William Hughes requested a caveat be added to the motion stating that water wells are not there to cycle water in the pond but only there for human potable use. Roger Jacobsen agreed to add the caveat to his motion. Motion seconded by Dr. Judith Hushon. Rich Yovanovich requested that there be two separate motions. He did not want the EIS, with the two conditions that could be voted on immediately, to be tied to the Conditional Use recommendation for approval which had additional requirements,in order to be able to begin clearing the land. Discussion and clarification by Jeff Wright, Assistant County Attorney, followed. The original motion and second were withdrawn. Roger Jacobsen moved that the Council approve the EIS, conditioned upon the inclusion of the two staff concerns regarding the results of the Fox Squirrel survey and plant species relocation being provided within 60 days of the Agricultural Hearing Notification approval. In addition, approval is conditioned upon the water wells being used for human potable uses and not to replenish or cycle water in or into the aquiculture lake. Second by Dr. Judith Hushon. Carried unanimously, 8-0. Roger Jacobsen moved that the Council recommend approval of the Conditional Use based on all staff requirements and based on item two of their environmental issues, namely, copies of the required agency permits shall be submitted before approval. Second by Richard Miller. Carried unanimously, 8-0. 5 June 6,2007 Discussion followed regarding the raising of tilapia being allowed in Collier County and the fact that exotic fish were prevalent in the waters of the County and pushing native fish out. Studies need to be done. Ordinance changes were mentioned. Ashraf Fawzy stated tilapia is in his native Egypt, is not predatory and flourishes with native fish. VII. New Business A. Update members on topics of interest(future presentations scheduled) Summer Araque reported on reduction in Staff from 7 to 4. Council concerns were for reduction in service, loss funding and loss of staff with expertise. Budget numbers and staffing policies are available to Council Members upon request. Susan Mason gave several details on various reviews being done by staff; some larger projects and training that had kept staff busy. The workload has been steady,but slower in conjunction with the building industry slowdown. Council Members requested policy, staffing situation and budget information from CDES. Summer Araque updated the Council Members on future presentation scheduling. o Team Ocean -July o Florida Fish and Wildlife(re: collaboration)-August o Pollution control-Herbicide review-November Roger Jacobsen mentioned attending a Big Cypress meeting where a presentation was given by many management entities involved in that whole area. It was given with a with vision 10 to 20 years out in Belle Meade/N. Belle Meade area. He requested that presentation be scheduled for EAC. B. Recycled Roof Tile Jack Goddard and his son, Curtis, of Goddard's Construction presented an informative demonstration of a product that he is in the process of developing and manufacturing at a distribution center building being established in Immokalee. Michael Sorrell had seen the product and knew it would be of interest to the Environmental Advisory Council for its innovative environmental properties. Experimenting with plastics, research and design, Mr. Goddard and his company have and are modifying and improving the product for area needs. They include the following: • product design, research and development over 8 years by RPM manufacturing • 30,000 hours in UV test chamber; 15,000 hrs other tests; wind tested to 110 mph • Since then found new ways to fasten and strengthen to withstand higher mph- lighter than shingles, cheaper, environmental and eco-friendly and is recyclable. • No flying debris hazards as made of rubber and plastics; • No hazardous waste generated from factory process-remolded rubber&plastic • Comparable to clay tiles in shape and style—superior in strength • Cost comparisons are difficult because of different materials used to fasten as well as ability to utilize lighter underlying material. • Can retrofit over existing asphalt; do not have to remove roof. • Fire retardant, strength and structural integrity may be insurance incentive 6 June 6,2007 • Targeted market-older homes, shingled roofs Chairman Hughes suggested insurance and mastic issues be researched. Council Members thanked Mr.Goddard, asked to see photos of the operation and offered help with codes,permits or any other County issues. They also complemented the fact that environment-friendly and economically feasible, new ideas in home-building were being implemented. BREAK: 10:35 AM Chairman Hughes announced he would he leaving during the break due to a previous commitment and Vice-Chairman, Dr.Judith Hushon, would take over the Chair. RESUMED: 10:45 AM Vice-Chairman Dr.Judith Hnshon took the Chair at this time. C. Gordon River Greenway Margaret Bishop,Stormwater Management- Senior Project Manager introduced Gene Calvert, Stormwater Management Director. She also made note that Amanda Townsend, Operation Analyst in Public Services Division, Parks and Recreation, who was instrumental in obtaining the FCT Grant for the project and Roy Anderson, Director of Public Utilities Engineering,who will be involved with the ASR Component of the project, are the other key persons involved. She provided an overview of the Gordon River Greenway Park Project,pointing out on the projected screen,the location and acreage of the site. • Location is south of Golden Gate Parkway and east of Goodlette Frank Road, adjacent to the Conservancy and behind the Naples Zoo. • Approximately 65 acres • Mangrove Swamp, upland areas, Gopher tortoises,90 burrows identified(and still surveying and doing assessments) Three Objectives of the Project were stated: 1. Environmental protection 2. Passive Park setting 3. Water quality component(take water from Gordon River and treat it before it goes into Naples Bay) Several public meetings are planned for input. Conceptual plan was shown, noting that it will look different when it comes to the EAC for approval with the EIS. Components described were: • Docking facilities • Canoe&Kayak launch • Pedestrian bridges and walkways,pavilions—preserve area • Trail system—educational stations • Shared parking with the Conservancy and Naples Zoo. The Request for Proposal for the design consultant was received May 2nd Negotiating design contract with Kimley-Horn&Associates, Inc.;contract expected to be awarded in Sept. 2007. 7 June 6,2007 • Plan is to restore habitat,have exotics removed. • Small study on how to take water from Golden Gate main canal and the Gordon River and connecting the trail way system. • ASR component to look for reclaimed water • Project is 2"d in a series of 3 Grants received. 1. Initial grant Gordon River Water Quality Park - (north-50 Acres) 2. Gordon River Water Quality Park 3. Conservation Collier property,just purchased Overall plan is for creating a series of three projects to connect the greenway and for environmental education sources. Gene Calvert then spoke to the question of where the water comes from and what is being treated,stating the project would look to both water sources from Gordon River and Golden Gate Main Canal, working also with Public Utilities. Using the projected screen presentation, he pointed out: • The process of treating water from south of Golden Gate Parkway,north of the weir, before it hits Golden Gate Main. Also of what water is now treated and where it is treated. Plan is to run this and some water from other older areas and industrial areas, which are not • presently being treated, through the new Water Quality Park,treating it before it goes out to the Naples Bay. • Two ways to address water quality issues-public education as to the effects of fertilizers and treatment of the outfalls. • Golden Gate Main canal, which connects with the Gordon River behind the airport, is diluting water going into Naples Bay. • Both an educational project for the public and monitoring project for the County • Wetlands and Bio-retention methods for drawing out nutrients are both part of the project • Recover through ASR component-captures fresh water lost to tide • Stormwater component- take water through a series of ponds naturally using wetland to treat as it goes out goes out to Bay Roger Jacobsen commended the fresh water dilution method for Golden Gate Canal. He stated that the Canal, which initially was planned to take 60 million gallons of fresh water a day into Naples Bay, now has over 200 million gallons a day going into the Bay. The northern part no longer is a salt water estuary. He stated that the Council supports efforts of the project to correct the problem. Vice-Chairman Dr. Judith asked about the piece taking this pathway down to Henderson Creek and if plans are in place for a before and after study. Margaret Bishop stated Henderson Creek portion connection is in future plans. Concentration is for this portion at present. Also, a before and after study is planned with DEP input. Gene Calvert answered questions from the Council Members regarding a Passive Park and long term monitoring. 8 June 6, 2007 He stated there will be restrooms, but no ball parks, tennis courts or commercial concessions under the restrictions of the FCT Grant. A 5-year monitoring program with the objective of creating a maintenance free, non- mechanical, natural system that will continue to work in years to come is the focus for the project. D. 5-year review of the RLSA—July 24 and July 25,2008 Summer Araque asked the Council Members to note on their calendars: July 24 &25, 2008- Comprehensive Plan Dept. will be presenting the 5-year review of the Rural Lands Stewardship Area. This will be a special meeting,not at the regular EAC meeting. Question regarding specific projects were referred to Comprehensive Planning Department. Vice-Chairman Dr. Judith Hushon requested copies of RLSA regulations for Council Member to read through. It was announced that the information is available on the Collier County web site under Growth Management Plan. Summer Araque will provide Dr. Hushon with the links. Jeff Wright,Assistant County Attorney announced that Planning Staff had approached their office to begin the process of creating a Review Board for the RSLA 5-year review is in works. The process being-they would request the BCC to direct staff to put together the documents. Then bring back again to have the BCC approve,by resolution,the creation of a 5yr Review Board. VIII. Old Business A. Update Members on Projects Summer Araque reported on the following: • Mirasol PUD had come before the BCC. Will be doing PUD amendment. Members can set up appointment with Tim Hall to go on site before wet season,on an individual basis. • Watershed Management presentation with Big Cypress was in the works • Wolf Creek project was approved Regarding the Council Members request for LDC Amendments,the procedure was given that a letter,stating what change is being requested in the Amendment,would be sent to the BCC. They will then direct the CDES Administrator to direct staff to write such Amendment. Susan Mason explained that this procedure is followed to assure that the BCC is comfortable with and supportive of the concept and the funding,before staff time is committed to research and writing up of the Amendment change. IX. Subcommittee Reports -None X. Council Member Comments—None 9 June 6, 2007 XL Public Comments—None XII. There being no further business for the good of the County,Roger Jacobsen moved to adjourn. Second by Richard Miller. Carried unanimously, 7-0. The meeting adjourned at 11:17 AM COLLIER COUNTY ENVIRONMENTAL COUNCIL Chairman,William Hughes These minutes approved by Board/Committee on as presented ,or as amended to Item V.C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF July 11,2007 I. NAME OF PETITIONER/PROJECT Petition No.: SDP-2006-AR-10397 Petition Name: GERMAIN AUTOMOTIVE DEALERSHIP INVENTORY STORAGE LOT Applicant/Developer: GERMAIN REAL ESTATE COMPANY, LLC Engineering Consultant: AGNOLI BARBER& BRUNDAGE Environmental Consultant: KEVIN L. ERWIN CONSULTING ECOLOGIST II. LOCATION The subject property is located approximately 3,000 feet south of the Highway 41 and Old Highway 41 intersection, and immediately south of the Germain Automotive Facility, 13327 Tamiami Trail N., Collier County as well as Section 16, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES The subject property is adjoining undeveloped wooded acreage to the south and west, and commercial development to the north and east. ZONING DESCRIPTION N - Germain Automotive Facility PUD Automotive vehicle sales, storage and repair facilities S - Rural Agricultural (A) Undeveloped wooded acreage E -Highway 41 then Commercial 6 lane arterial roadway then Intermediate (C-3) commercially developed property W- Community Facilities (CF) Undeveloped wooded acreage • EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION The subject property consists of approximately 3.53 acres, and has a General Commercial (C-4) Zoning District designation. The application is proposing the development of a vehicle storage facility, which would service the existing automotive dealership that adjoins this property to the north. This property is located within the 100 Year Special Flood Hazard Area(SFHA). V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: The subject property is located within Mixed Use Activity Center#20 of the Urban Commercial District designation in the Growth Management Plan(GMP). The Mixed Use Activity Centers are intended to be mixed-use in character and may include the full range of commercial uses. B. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that,policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water(discharge)to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a dry retention area and wetlands to provide water quality retention and peak flow attenuation during storm events. Due to the design of the project, including native vegetation preservation and wetland impact minimization and mitigation, the project is consistent with each of the applicable Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan. Specifically, regarding Objective 6.1 and Policy 6.1.1, the amount of native vegetation preserved on-site exceeds the requirements stipulated by the Collier County Growth Management Plan. The project is a commercial development located in the Coastal High Hazard Area and is less than five acres in size. Therefore, ten percent of the native vegetation is required to be retained on-site. Of the 2.22+ acres of on-site native vegetation, 1.33± acres will be preserved. Therefore, 60 percent of the native vegetation will be preserved on-site. The applicant selected the preserves based upon the following: EAC Meeting Page 3 of 7 •to preserve wetland habitats • proximity to adjacent wildlife corridors • location of protection zones for bald eagle nest C0-01 • availability of native habitats on-site A permanent conservation easement will be placed over the preserves and dedicated to Collier County, without responsibility for maintenance. With respect to Policy 6.1.8, an Environmental Impact Statement is required and has been provided for this project. The project is seaward of the Coastal High Hazard Area boundary and greater than 2.5 acres in size. Regarding Objective 6.2, wetland habitats and their associated functions have been identified and protected on-site. Wetland impacts have been minimized and Federal and State jurisdictional agencies have approved the mitigation plans for these impacts. The U.S. Army Corps of Engineers and South Florida Water Management District permits have been issued for these wetland impacts. Wetland mitigation for this project consists of on-site enhancement of the wetland preserves coupled with off-site mitigation via the purchase of mitigation banking credits in a local wetland mitigation bank. Regarding Policy 7.1.2 of Goal 7, a Bald Eagle Management Plan for eagle nest CO-01A [CO-01A is an unofficial designation] has been created and exists as Exhibit B of the EIS. It should be noted that Policy 7.1.2 (2)(a)1.b. references the Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. The revised Bald Eagle Management Plan was approved by the USFWS and FFWCC under Guidelines that have not been adopted as part of the Collier County Growth Management Plan. The 1987 Guidelines include restrictions that residential, commercial, or industrial development should not occur within the 750-foot primary zone. VI. MAJOR ISSUES A. Stormwater Management: Section 8.06.03 0.2. of the Collier County Land Development Code states, "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." The ERP for this site, Permit # 11-02351-P, was issued on Oct 13, 2004 for the Germain Vehicle Storage Site of 3.53 acres. The ERP shows discharge to the Cocohatchee River via an on-site wetland. On December 5, 2006, we received a "Final Notice of Noncompliance" from SFWMD because a Certificate of Completion was never filed. A SFWMD permit modification was issued on May 11, 2007 to include the revised Bald Eagle Management Plan to include nest CO-01A. This site sits near the bottom end of EAC Meeting Page 4 of 7 the Cocohatchee River basin. Flow goes toward the south through wetlands and into Wiggins Bay. B. ENVIRONMENTAL 1. Site Description: Approximately one-third of the Germain site has previously been altered (i.e., filled) before 1975 according to the 1975 aerial photography of the site. The on-site vegetation communities include Hydric Pine Flatwoods, Disturbed (0.56± Acres), Wetland Forested Mixed (1.66± Acres), Fill Areas (1.21± Acres), and Water (0.10± Acres). The on-site wetlands are not considered to be high quality due to the presence and amount of exotic vegetation. 2. Wetlands There is a total of 2.32± acres of jurisdictional wetlands on-site, including the jurisdictional Other Surface Waters (0.10± acre). Less than 1.0± acre of low quality wetland impacts will occur on the site. The mitigation plan for this project proposes to enhance the preserved wetlands via exotic vegetation removal and purchase wetland credits from a local wetland mitigation bank. Water quantity, quality, and hydroperiod should not be altered with this project. Prohibited exotics will be required to be removed from the on-site wetlands that will not be impacted (i.e., the preserves). 3. Preservation Requirements On-site areas that qualify as native vegetation per Collier County requirements are Hydric Pine Flatwoods, Disturbed(0.56± acres) which has approximately 10 percent canopy coverage of exotics and Wetland Forested Mixed (1.66±Acres) which has approximately 60 percent canopy coverage of exotics. This project exceeds the native vegetation preservation requirements. The project is a commercial development located in the Coastal High Hazard Area and is less than five acres in size. Therefore, ten percent of the native vegetation is required to be retained on- site. Of these 2.22± acres of on-site native vegetation, 1.33± acres will be preserved. Therefore, 60 percent of the native vegetation will be preserved on-site. 4. Listed Species In the initial stages of this project bald eagle nest CO-01 was active and was located approximately 500 feet west of the property boundary. The 750-foot primary protection zone (using the old Federal guidelines) extended approximately halfway onto the property. During the 2006-2007 nesting season the eagles built a new nest (i.e., CO-01A). EAC Meeting Page 5 of 7 This new nest was reported by residents in the area and promptly confirmed by Environmental Services staff on March 9, 2007. We observed two large eaglets perched in the nest tree. We were informed that a third eaglet fell out of the tree and was taken to the Conservancy for rehabilitation. The applicant was notified on March 9, 2007 of the new nest location and was requested to revise the EIS and site plan to show the new nest location and obtain appropriate agency approvals. The"Eagle Watchers" in the area had been looking for this nest since the beginning of the nesting season as they had not seen any nesting occur by the pair in nest CO-01. The volunteer"Eagle Watchers" did not discover this nest(CO-01A) until the end of February. The two eaglets were reported to have fledged sometime in mid March. The third eaglet was banded and released back to the nest on March 22, 2007 and was seen on numerous subsequent occasions rejoined with siblings and parents. I have attached (Exhibit 1) a photo of the three eaglets taken by volunteer eagle watcher(permission to use picture given via e-mail June 20, 2007). The picture was taken on February 26, 2007 and none of the eaglets had fledged at the time. Nest CO-01A is currently 100± feet from an existing parking lot. The proposed dry detention area is approximately 0.37±acres in size and is located approximately 80 feet from bald eagle nest CO-01A. The U.S. Fish and Wildlife Service has given permission via e- mail for construction to occur outside of the nesting season. Listed plant species observed on-site included common wild pine (Tillandsia fasciculata), northern needleleaf (Tillandsia balbisiana), and royal fern (Osmunda regalis). The listed plants located in the impact areas will be removed by hand (and shovel, as needed) and placed/planted in the preserved areas immediately prior to construction. Common wild pine and northern needleleaf will be placed in native trees in the preserve and royal fern will be planted in the preserved wetlands. This will be done by a qualified ecologist to ensure proper removal, care, and relocation of these species. VII. RECOMMENDATION Staff recommends approval of SDP-2006-AR-10397 Germain Automotive Dealership Inventory Storage Lot with the condition that all site work/construction may only occur outside of Bald Eagle Nesting Season(October 1 —May 15). Any site work started outside nesting season must be stopped no later than October 1 of any year and not resumed until that season has ended. EAC Meeting Page 6 of 7 PREPARED BY: /7/ 1*r, / akj-707 STAN CH AN' SKI,P.E. DATE ENGINEERING° VIEW MANAGER ENGINEERING SERVICES DEPARTMENT /0 5/0 S MER ARAQ E DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT AI MICHAEL DER TZ, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW II EAC Meeting Page 7 of 7 REVIEWED BY: 110: 6.Z$ ' LLIAM D. LO'INZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 2-5/0 JEFF WRI(1H D E ASSISTAN OUNTY ATTORNEY OFFICE OF HE COLLIER COUNTY ATTORNEY APPROVED BY: �, � '0 PH K. SCHMITT DATE C I MUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES LII MINISTRATOR `- ,ate t 4E" 4,,,,,„1,... .. ...:1 11;1 . :9:t,,,' -‘-"Ile " 4 4:1 M= . A' ilfifir. 0.- 4". t411111111` # ' ' T " � � `` �� ' il + P" i a' + {: r * " a • . V _'''''''' - -....,,„: air 4,lab ,...., ' Alhilrilf.,, ,.._ ., a + Mt t 46, le Albyr 1111v „. s x. a to �4, • - 144 AilFr 4 1441111` s.' r TI 4 ft iiiiiss,,...% .‘",,,,,,,,.,‘4,7'V N.sv oroi, .,k.': '4",,,4101 Iiikiit. S AL Ilig 0 .-v.- - 4.,,,,*,„ ,r .i...,;.„is ph 0, ,f4 Z 4 d tj a Item VII A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF July 11, 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Conditional Use No. CU -2004-AR-6904 Petition Name: S.R. 846 Land Trust Applicant/Developer: Collier County Airport Authority Engineering Consultant: RWA Consulting, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property, consisting of 2,576+ acres and is located East of Immokalee Road, approximately 2 miles north of Oil Well Road, 1.5 miles north of County Fair grounds, in Section 35 & 36, Township 47 South, Range 27 East, and all of Section 1 and 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846 (Immokalee Road), Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Subject Parcel: zoned Agricultural-Mobile Home Overlay (A-MHO), with Conditional Use (CU-99-16 & CU 06-AR-9966) North: Low density residential and farming, zoned Agricultural (A) South: Single-family residential and vacant parcels, zoned Estates (E) East: Single-family residential and vacant parcels, zoned Estates (E) West: Single-family residential, farm land and Immokalee Road, zoned Agricultural (A) IV. PROJECT DESCRIPTION: To obtain a conditional use#1 (earth mining) on the subject site in the Agricultural-Mobile Home Overlay zoning district for excavation of fill material and blasting of material in compliance with all blasting requirements. Item VII A ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF July 11,2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Conditional Use No. CU -2004-AR-6904 Petition Name: S.R. 846 Land Trust Applicant/Developer: Mining Venture,LLC Engineering Consultant: WilsonMiller,Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The subject property, consisting of 2,564+ acres, is located East of Immokalee Road, approximately 2 miles north of Oil Well Road, 1.5 miles north of County Fair grounds, in Sections 35 & 36 South, Township 47 South, Range 27 East, Collier County Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Subject Parcel: zoned Agricultural-Mobile Home Overlay (A-MHO), with Conditional Use (CU-99-16 & CU 06-AR-9966) ZONING DESCRIPTION North: Agricultural (A) Low density residential and farming South: Estates (E) Single-family residential and vacant East: Estates(E) Single-family residential and vacant West: Agricultural (A) Single-family residential, farm land and Immokalee Road t EAC Meeting Page 2 of 10 IV. PROJECT DESCRIPTION: To obtain a conditional use #1 (earth mining) on the subject site in the Agricultural - Mobile Home Overlay zoning district for excavation of fill material and blasting of material in compliance with all blasting requirements. This is a proposed expansion of an existing conditional use, and would increase the acreage of the existing excavation area from 626.1 acres to 1091.2 acres. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated as Agricultural/Rural, Rural Fringe Mixed-Use District (RFMUD), Receiving Lands, on the Future Land Use Map of the Growth Management Plan (GMP). The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD employs a balanced approach to protect natural resources and private property rights and provides for large areas of open space. The RFMUD allows for a mixture of urban and rural levels of service. The Receiving Lands have been identified as being most appropriate for development within the RFMUD. Based on the evaluation of available data,these lands have a lesser degree of environmental or listed species habitat value than Sending Lands and generally have been disturbed through development or existing agricultural operations. The GMP allows for earth mining activities within the RFMUD Receiving Lands. The Collier County Land Development Code also indicates that earth mining activities are permissible as conditional uses in the RFMUD Receiving Lands. CONCLUSION: Based upon the above analysis and review, Comprehensive Planning staff concludes that the proposed conditional use for the earth mine in the Agricultural zoning district may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed i 0 EAC Meeting Page 3 of 10 i--. in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system. This project is consistent with the objectives of policy 2.2.2 because the only substantial pollution danger is from silt and erosion and the excavation is many hundreds of feet from the property boundary. The fill piles will be screened and otherwise protected for erosion control, and the site will be protected from fluid spills from fill trucks and construction vehicles by berming and screening. Per Policy 3.1.1, there are currently no known wellhead protection areas in the vicinity of the proposed Conditional Use. As required by Policy 5.1.2, the project has an active water use permit issued through the South Florida Water Management District (SFWMD) for dewatering purposes. In compliance with Policy 5.1.3, staff will issue an excavation permit for mining operations that are consistent with the excavation and blasting regulations in effect at the time of permitting. The applicant has stated that there are no indications that saline water would be encountered at the proposed excavation depths,per Policy 5.1.4. The mine water management system does not discharge outside of the system, and therefore does not have to meet State water quality standards. Should the water management system design change to discharge outside of the system, as required by Policy 5.1.5, a monitoring program must be established to ensure that the mine meets State water quality standards. The project as proposed is consistent with the Policies in Objectives 6.1 and 6.2 of the Conservation and Coastal Management Element of the Growth Management Plan, for the following reasons: • Consistent with Policies 6.1.2 and 6.1.6, a minimum of 138.41 acres or 15% of the site's native vegetation shall be designated as preserve and protected by a conservation easement. Policy 6.1.2 requires that 40 percent of native vegetation be preserved in Receiving Lands in the Rural Fringe Mixed Use District. However, Policy 6.1.6 states that expansion of existing uses exempts a project from Policy 6.1.2. Therefore, CU-2004-AR-6904 needs only to comply with the previous requirement of 15 percent native preservation in effect at the time of the original Conditional Use for the permitted excavation area. EAC Meeting Page 4 of 10 • Preserve selection is consistent with Policies 6.1.2 and 7.1.2 in that the majority of the preserve is the area occupied and utilized by gopher tortoises with the remainder consisting of high quality wetlands used by listed wading birds for foraging and offering potential for offsite connection. • Consistent with Policy 6.1.2, a preserve management plan is part of the Environmental Impact Statement (EIS). Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The management plan shall be required as part of the excavation permit plans for the expansion prior to issuing the permit. • As required by Policy 6.1.4, prohibited invasive exotic vegetation will be removed from the Project site. • Littoral plantings are not required for commercial excavations. Upon completion of the excavation, restoration as described in the Florida Statutes shall be required. Should any of the lakes be converted to stormwater management lakes, littoral shelves equal to 30%of the lake area shall be required consistent with Policy 6.1.7. • The requirement for an Environmental Impact Statement pursuant to Policy 6.1.8 has been satisfied. • Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. A permit from SFWMD for the original excavation has been issued and is included in the EIS. Permits or exemptions from SFWMD and U. S. Army Corps of Engineers (USACE) for the expansion of the excavation shall be required prior to issuing the excavation permit. • Consistent with Policy 6.2.5, vegetated buffers shall be required around all wetlands. • In accordance with Policy 6.2.6, required preservation areas are identified on the site plan. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. As required by Policy 7.1.2, a listed species survey was conducted on the property and habitat management plans are provided as required. Staff shall ensure that all technical assistance is followed and required permits are obtained from US Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission EAC Meeting Page 5 of 10 (FWC) prior to issuing the excavation permit for the expansion. The listed species management plan in the EIS addresses management for gopher tortoise, eastern indigo snake (Drymarchon corais couperi), burrowing owl (Athene cunicularia floridana), wood stork (Mycteria americana)/wading birds, Florida panther (Puma concolor coryi), and Florida black bear (Ursus americanus floridanus). Consistent with Policy 7.1.4, all applicable federal and state permits will be obtained and provided to County staff prior to issuance of the excavation permit. Per Policy 11.1.2, no loss of historic or archaeological resources shall occur. The historic sites have been identified in the archaeological and historical survey is included as Exhibit 10 of the EIS. The proposed mine expansion boundary does not encroach within 800 feet of the historic sites. As required by Policy 11.1.3, if, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. VI. MAJOR ISSUES: Site Description: The descriptions of the native vegetation and habitats on site are given in EIS starting on page 7. The site contains over 922 acres of native vegetation. The minimum requirement of 15%preservation has been shown on the site plan as 2 separate preserve areas and will be protected by permanent conservation easements. The vast majority of the remaining native vegetation on site will be retained at this time as the expansion does not include these areas. The 527±acre expansion area will be adjacent to the existing mining operation and centered in an area currently used for sod farming and improved pasture for cattle grazing. Minimal impacts are proposed to occur to native habitat types located around the perimeter of the Improved Pasture (FLUCFCS Code 211). EAC Meeting Page 6 of 10 Wetlands: There are no wetlands located within the proposed mine expansion boundary. The nearest wetlands are located at least 200 feet from the proposed mine expansion boundary. An acreage breakdown of the Collier County jurisdictional wetlands located outside of the mine expansion boundary is provided in Table 4 of the EIS. Wetlands were verified in the field with SFWMD staff on April 5, 2000. The SFWMD wetland limits have been survey-located and approved by formal determination as part of the existing permit. The RFMU designation requires a vegetated buffer to protect all wetlands. A minimum 200 foot buffer will be established between the excavation and existing wetlands. If any of these areas do not include the minimum required vegetated buffer area, a replanting plan will be required as part of the excavation permit. No wetland impacts are proposed to occur from the proposed activity. The applicant will obtain a modification to the existing South Florida Water Management District Permit No. 1101194-S for the proposed activity prior to the County issuing the excavation permit for the expansion. Stormwater Management: As with all ongoing excavations, stormwater management in the traditional sense is not an issue with this project. The excavation sits within four contiguous Sections of Agriculturally zoned land (2576.5 acres) with a Conditional Use to allow mining. The existing mine is permitted to cover 626.1 acres and this expansion will increase that to 1091.2 acres and will allow a maximum depth of about 46 ft. in some areas of the lake. Unless they are dewatering offsite, mining operations are not a source of water quantity concern. They generally dewater into other existing excavations within their own site, if at all. Mines of this size that sort aggregates must be permitted by the Florida Department of Environmental Protection. The only water quality concerns will be from construction vehicle fluid leaks, dust, and sediment transport; which are standard concerns for all construction projects and all of which will be controlled at the site. The northwest quadrant of the site, section 35, sits in the Cocohatchee River Canal Basin. The rest of the site, sections 36, 1, and 2 sit in the Main Golden Gate Canal Basin. Branches of the Main Golden Gate Canal are contiguous to the east and south sides of the four-section site. The lake straddles the line between the Cocohatchee River Canal Basin and the Main Golden Gate Canal basin. Judging from the topography, sheetflow across the site is northeast to southwest. EAC Meeting Page 7 of 10 Listed Species: Numerous listed species use this area and these habitat types. The listed species management plan in the EIS addresses management for gopher tortoise, eastern indigo snake (Drymarchon corais couperi), burrowing owl (Athene cunicularia floridana), wood stork (Mycteria americana)/wading birds, Florida panther (Puma concolor coryi), and Florida black bear(Ursus americanus floridanus). Florida Fish and Wildlife Conservation Commission has documented telemetry points from radio-collared Florida panthers (Puma concolor coryi) within the vicinity of the site and County staff has record of a panther kill adjacent to the project site on S.R. 846 in 2002. The property does occur within a panther primary and secondary zone (Kautz et al. 2006). It is located within the USACE consultation area for the Florida panther as indicated in the USACE EIS (2003) permit review criteria for Florida panther. Priority has been given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows. The upland preserve encompasses 98 percent of the active gopher tortoise burrows found on the site. FWC recommendations for projects impacting gopher tortoise habitat are to avoid developing in areas occupied by gopher tortoise and to avoid individual burrows by 25 feet. This project does not affect any of the remaining gopher tortoise burrows not located within the proposed preserve and maintains a minimum distance of approximately 2,000 feet from areas occupied by tortoises. The site is located within the core foraging area of four recorded wood stork rookeries. Exhibit 18 in the EIS depicts wood stork rookeries and the 30 kilometer foraging range is provided. Collier County Staff relies on the wildlife agencies to determine if restrictions on blasting, hours of operation or other protective measures are necessary to protect listed species utilizing these sites and require their implementation as part of the excavation and blasting permits. Preservation Requirements: This site contains 922.76 acres of native vegetation. Impacted areas have been legally cleared. For expansion of the existing use, a minimum of 138.41 acres or 15% of the site's native vegetation shall be designated as preserve and protected by a conservation easement. While Policy 6.1.2 requires that 40 percent of native vegetation be preserved in Receiving Lands in the Rural Fringe Mixed Use District, Policy 6.1.6 states that expansion of existing uses exempts a project from Policy 6.1.2. Therefore, the expansion of the commercial excavation needs only to comply with the minimum requirement of 15 percent native preservation in effect at the time of the original Conditional Use. • EAC Meeting Page 8 of 10 The site plan and EIS depict 110.91± acres of upland known to be utilized by gopher tortoise and 27.56± acres of high quality wetland and associated pine flatwoods meeting the minimum requirement. VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use No. CU -2004-AR-6904, SR 846 Land Trust with the following conditions: Environmental: 1. Approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. Name and contact information of qualified biologist who will be monitoring work must be supplied to Environmental Services staff at pre-construction meeting or prior to excavation permit approval. 2. Evidence of FWS/FWC accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 3. Updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 - 180 days prior to commencement of any mining related activity through the life of the project. Please submit a copy these surveys to Environmental Services Dept. staff. 4. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 5. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. Stormwater Management: None EAC Meeting Page 9 of 10 PREPARED BY: 131vi1a7 STAN CHRZANOW � , P.E. DATE ENGINEERING R � l W MANAGER ENGINEERING SERVICES DEPARTMENT 1� SUS• '� M: SON DATE PR I► C I' •L ENVIRONMENTAL SPECIALIST EN . ONMENTAL SERVICES DEPARTMENT 1/g_ci 0.276)7 LISSA ZONE liVALT?E PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REV I IH W , , . EAC Meeting a Page 10 of 10 rte. REVIEWED BY: 1 / ' AL I / . 0 6-r3 -07 1I LIAM D. LO' lir Z, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 2 (0/70T JEFF E. ' Ie�'T DATE ASSIST 4T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: Il ,..FIs - 0,,,,qSEPH K. SCIEVITI T i OMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR �^ aw - bI-OL-,:-_-_7 - _ �Z0 109000 , sb __ ,,,,,. L '^ Sal IN n I SL-94L 5SL-vs'.E ` S91.-LBLF, 3_�_(r M L L-9.991.- 91.�,�. 91.-910 1 SBL-L81.7—! ___ 61.-981 r TJtldil y pua6ai .. .:. r s 3 3 a D /,:, r l 1 1 ='�� r, .� ti q ♦� C S 1 I t,. ' M •/ t.• N 1.a. " t j mt ;kt, uL.t Yln', a \« j 14 _. _. :II. ' '' :1 j:;:'•'''':„:. "I::iPgill17!,,,'4:: re- -fir 4, `i,a- r r OPFiS„ANS June 15, 2007 L .. n � ►'; r,ON nor^r Ms. Summer Araque Environmental Services Department Florida Fish 2800 North Horseshoe Drive and Wildlife Naples,Florida 34104 Conservation Dear Ms. Araque: Commission Please find enclosed fourteen copies of materials for Collier County's Environmental Commissioners Rodney Barreto Advisory Council review in preparation for the Marine Resource Conservation Chair Partnership (MRCP)presentation scheduled for July 11, 2007. Miami Meehan Vice Chair The materials include the slides to present the newly established Marine Resource Vice St.Petersburg Conservation Partnership (MRCP) executed by Florida Fish and Wildlife Conservation Kathy Barco Commission(FWC) and the Florida Department of Environmental Protection(DEP). Jacksonville Richard A.Corbett The goal of the MRCP is to design and implement non-regulatory saltwater recreational Tampa education and outreach programs to more effectively manage marine resources for the H.A."Herky"Huffman benefit of the public and future generations. The FWC and DEP hope to encourage Enterprise community support for the program.by extending the partnership to local, state, and Dwight Stephenson Delray Beach federal government agencies, industry,non-government organizations, and conservation Brian S.Yablonski organizations. Tallahassee The first MRCP project includes a boater education and outreach program for Collier Executive Staff County to be known as Team OCEAN,which derives its name from "Team Ocean Kenneth D.Haddad Conservation Education Action Network." This program will be similar to the Team Executive Director OCEAN program currently active in the Florida Keys,but structured for the issues Victor J.Heller Assistant Executive specific to Collier County. Director Darlyn A.Stockfisch Two additional documents in the packet are the executed partnership document between Deputy Chief of Staff FWC and DEP and the amendment to that document for additional parties to join the partnership. The amendment would be modified specific to Collier County as necessary. Office of Division of Marine We respectfully request the Environmental Advisory Council's consideration of Fisheries Management Outreach&Education recommending the Collier County Commissioners join the partnership. c/o Rookery Bay NERR 300 Tower Road Naples,FL 34113 Please feel free to contact myself at 239-417-6310, ext. 232,if you have any questions or (239)417-6310 require additional information. Sincerely, Managing fish and wildlife resources for their long- term well-being and the benefit of people. ._.. / J- , ;r L. Rog 620 South Meridian Street Team OCEAN Coordinator �\ Tallahassee,Florida 32399-1600 MRCP of Collier County Voice:(850)488-4676 Hearing/speech impaired: (800)955-8771(T) (800)955-8770(V) MyFWC.com r sfi 4`: Marine Resource Conservation Partnership (MRCP) �" Of Collier County 440 t '° F• t � Presentation Outline • Background&history of MRCP • MRCP/CC guiding principles&mission • Join the partnership In Collier County: • >22,000 boats registered • $200 million in annual economic impact eil • 50,000 saltwater fishing licenses sold annually r 1 l Boater Impacts • Increased volume of litter • Trampling of dune vegetation 0r • Improper disposal of human/pet wastes • Disturbance to wildlife&habitat Local Boating Industry& Resource Managers .00, 7------. lig _ _ . _ Prat 1 u ti ,r{% ox co t . St 1 ♦ t 4:12,,,:.,,, Marine Resource Conservation Partnership(MRCP) • Florida Fish&Wildlife Conservation Commission(FWD) • Florida Department of Environmental Protection(DEP) • Other Stakeholders 2 24250 MRCP of Collier County(MRCP/CC) • Multi-stakeholder collaboration • Local concerns,input,programs Target high-use areas Naples rr EF Keewaydin Island • South tip rr 3 `41ww•rwwlY .141101 Great Dock Canoe Race Day-Keewaydin Island • 400+boats on Keewaydin Island • 100+boats anchored off of Keewaydin Island • 3,000+people • Twenty 55-gallon trash bags of trash next day cleanup r MRCP/CC-Education &Outreach Efforts • Education&outreach on-water,on-beach,at marinas,boat ramps,and public events • Promote enjoyment of marine resources though .t sustainable behaviors Team O.C.E.A.N. Team-Ocean Conservation Education Action Network • One-on-one boater education&outreach program • Volunteer base • Currently successful in the Florida Keys 4 Itlit .,... Why Join MRCP/CC? • Community support required for success! • Local input during program development • Promote unified conservation messages b Join the Partnership • Partnership documents • Provide staff,services,equipment,and/or funding to the extent deemed practicable .` • Promote unified messages T » Questions? Jennifer L.Rogers Team OCEAN Coordinator Florida Fish&Wildlife Conservation Commission (239)417-6310 ext 232 Jennifer.Rogers@MyFWC.corn 5 Memorandum of Understanding between The State of Florida,Fish and Wildlife Conservation Commission and The State of Florida, Department of Environmental Protection WHEREAS, Section 9 of the Florida Constitution Article IV establishes the Florida Fish and Wildlife Conservation Commission,hereinafter called FWC,to manage wild animal life,fresh water aquatic life, and marine life to provide for the effective conservation of those natural resources; WHEREAS,the Florida Department of Environmental Protection,hereinafter called DEP,as staff of the Board of Trustees of the Internal Improvement Trust Fund,manages the sovereignty submerged lands of Florida,which comprise all the components of marine habitat; WHEREAS;DEP managed sites contain some of the most productive and popular saltwater recreation venues in the world including: 41 Aquatic Preserves that encompass more than 1.8 million acres of sovereignty submerged lands of the state; 160 state parks that""include 100 miles of sandy white beaches; 3 National Estuarine Research Reserves that include over 350,000 acres of the most pristine and productive estuarine ecosystems in the nation;and the Florida Keys National Marine Sanctuary that covers over 2900 square nautical miles of diverse and unique saltwater fisheries habitats and species; WHEREAS,these sites attract millions of people every year,many of whom come from all parts of the world to participate in Florida's marine recreational activities; WHEREAS,the agencies' complementary responsibilities and authorities address the two major factors in marine resource conservation,which are the effective management of the habitat and the harvest of marine organisms; WHEREAS,the accomplishment of each of these agencies' responsibilities is related to the effectiveness of their collective efforts; WHEREAS,the coordination of efforts by these agencies shall facilitate achievement of their mutual marine resource conservation goal; WHEREAS,both agencies have existing environmental outreach programs throughout the state aimed at informing the public about marine resource conservation issues and marine recreational opportunities;and, • • • WHEREAS,there are rapidly increasing demands on the marine resources and for information about those resources. THEREFORE, BE IT RESOLVED,that FWC and DEP shall hereby establish the Marine Resource Conservation Partnership(MRCP)to effectively manage the marine resources of the State of Florida for the benefit of the public and future generations by designing and implementing non-regulatory saltwater recreational outreach and education programs through inter-agency coordination and cooperation in accordance with state-approved management plans,and contingent on available funding. THEREFORE,BE IT FURTHER RESOLVED,that FWC and DEP shall solicit and welcome any other interested entities or individuals into the Marine Resource Conservation Partnership including local,state and federal government agencies, industry,non-government organizations,and conservation organizations that wish to protect the marine resources under the guidelines established by FWC and DEP policies _and programs.The inclusion of those partners shall be acknowledged by execution of a Memorandum of Understanding by the authoritative party of the joining entity and the FWC and DEP project administrators,which will be included as an addendum to this document. ,.,,...,, IN WITNESS HEREOF,the partieshereto have executed this agreementon the dates........ ... .. set forth below. FOR FLORIDA DEP TMENT OF ENVI NMENTAL PROTECTION: -7- Michael W. Sole e """"` //� r Date: �li1J?/. gl/�� Secretary . (Signature) Florida Department of Environmental Protection FOR THE FLORIDA FISH AND WILDLIF 0 SERVATION COMMISSION: _ _".--Date: Keir eth D.Haddad Executive Director (Signature) Florida Fish and Wildlife Conservation Commission .-� Memorandum of Understanding for the inclusion of , ._ into the Marine Resource Conservation Partnership WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) and the Florida Department of Environmental Protection (DEP) established the Marine Resource Conservation Partnership (MRCP) to benefit more effectively of the public and manage the marine resources of the State of Florida for the future generations by designing and implementing non-regulatory saltwater recreational outreach and education programs through inter-agency coordination and cooperation in accordance with state-approved management plans with available funding; WHEREAS, FWC and DEP welcome interested parties into the MRCP including local, state and federal government agencies, industry, conservation organizations and other non-government organizations that wish to protect the marine resources under the guidelines established by FWC and DEP policies and programs; WHEREAS, The ,- 4 ahas requested inclusion into the MRCP to assist with the endeavor of improving the conservation of the marine resources of the State of Florida by contributing to the design and implementation of non- :... ..,:.....regulatory saltwaterrecreationaloutreach and education programs.through coordination and cooperation with FWC and DEP; WHEREAS, Thes� r .� commits to provide staff, services, equipment, and/or funding to support MRCP efforts to the extent that they deem practicable; WHEREAS, FWC and DEP recognize that the conservation of the quality of the natural resources of the coasts of Florida is dependent on the commitment and involvement of all of the state's government entities, industry, organizations and citizens; THEREFORE, BE IT RESOLVED, that FWC and DEP hereby include IN 4 �," as a partner into the MRCP with equal rights and privileges. IN WITNESS HEREOF, the parties hereto have executed this agreement on the dates set forth below. /'� FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION: Date: Si.nature Florida Department of Environmental Protection FOR THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION: Date: (Signature) Florida Fish and Wildlife Conservation Commission , S p :ft- xy*" tt 0