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EAC Agenda 07/06/2005 ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 6, 2005 r 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 (included in the June 1st mailing) IV. Approval of May 4, 2005 Meeting minutes V. Land Use Petitions A. (Continued from May and June EAC) (included in the June 1st mailing) Final Plat and Construction Plan No. PPL-2004-AR-6399 "3500 Corporate Plaza" Section 18,Township 49 South, Range 26 East B. (Continued from June EAC) (included in the June 1st mailing) Planned Unit Development No. PUDA-2004-AR-6279 "Bucks Run PUD" Section 35,Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35,Township 48 South, Range 26 East VI. Old Business A. Follow-up to the EAC's Informational Requests from the May meeting VII. New Business A. Oustanding Advisory Committee Member Nominations B. Audubon Country Club PUD Bald Eagle Management Plan VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on July 1, 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). 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. Attet&i EAC AMo K{estheo: Due to & WikJttut h i46vi onee*, p2eaae 4wtt to, lotittg the packet you neceiued itt the wuuE bon that wet* iu addifivat to tki6 poèct & tk€ Ja1q6uteeUtq. Tkauk you. r-� Item V.0 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 6, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-A-2004-AR-6084 Petition Name: Bristol Pines PUD Applicant/Developer: Waterways Joint Venture IV Engineering Consultant: RWA, Inc. Environmental Consultant: Passarella and Associates, Inc. II. LOCATION: The project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR-846) in Section 35, Township 48 South, Range 26 '-`, East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: North:Warm Springs PUD, undeveloped but approved at 3.78 units per acre East: Two undeveloped five-acre tracts, then a five-acre agriculturally used tract, all have a zoning designation of Agricultural South: Land with a zoning designation of Agricultural developed with an owner occupied single-family home site West: Collier Boulevard (CR 951), then land with a zoning designation of Agricultural that is developed with agricultural businesses and a single-family home (a conditional use approval to allow a private school was approved for a 9.4 acre site abutting Brittany Bay) IV. PROJECT DESCRIPTION: The petitioner wishes to add approximately 20 acres to the original Bristol Pines Residential Planned Unit Development (RPUD) that was approved on February 24, 2004 by Ordinance 2004-10. Adding 20 acres requires a rezone of the new acreage from the Agricultural (A) zoning district to RPUD as well as an amendment of the original RPUD to include that new land. EAC Meeting Page 2 of 9 The expanded project proposes a maximum of 298 dwelling units instead of the originally approved 159 dwelling units. The original PUD allowed an overall density of seven units per acre, (4 base units plus 3 bonus density units) and this amendment would allow that same amount. As before, the development is to consist of any combination of single-family attached, zero lot line, or single- family detached type construction. Just as in the original PUD rezone, the petitioner is seeking approval of an Affordable Housing Density Bonus Agreement (AHDBA) authorizing the developer to utilize Affordable Housing Bonus Density units. In the original PUD, the AHDBA increased the project's base density to allow 68 density bonus units. For that allowance, the developer agreed to set aside 15 owner-occupied units for low-income residents. With the 20 acre addition, the developer will receive 128 bonus units at three bonus density units per acre), and will set aside 30 owner-occupied units for low-income residents, which is the same 10 percent of the total number of units. The PUD is intended to allow development of a residential project that will have one access point serving the project from Tree Farm Road instead of the originally approved plan to construct a bridged entrance (over the canal) to Collier Boulevard approximately 330 feet south of the Tree Farm Road and Collier Boulevard intersection. Access to serve the project is proposed to be from Tree Farm Road. The subject property received Plat and Plan Approval (PPL) in PPL-2004-AR- 6057, and an Excavation Permit in AR-6838 for lands rezoned in the original PUD. The site is currently being developed under the auspices of the previous zoning approval. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential services, and, recreation and open space uses. As to residential use, review of the Density Rating System yields the site is eligible for 4 dwelling units per acre unless the Affordable Housing Density Bonus (AHDB) is utilized, which could result in a maximum bonus of 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. The companion AHDB Agreement demonstrates the site is eligible for a 3 EAC Meeting Page 3 of 9 dwelling units per acre bonus; when added to the base density of 4 dwelling units per acre, this results in an eligible project density of 7 dwelling units per acre. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with the surrounding area. As currently proposed, staff believes this project will be compatible with current and planned development in this area given the allowance for increased density for projects that will provide affordable housing units. 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 lakes to provide water quality retention and peak flow attenuation during storm events. The project as proposed is not consistent with the Policies in Objective 6.1 of the Conservation& Coastal Management Element, for the following reasons: Twenty-five percent (25%) of the existing native vegetation is required to be retained or re-created. Twenty-five percent of the existing native vegetation has been identified in retained and re-created preserves within the PUD boundaries. However, there is an additional area that has been used for a tree farm that did not obtain a permit or Notification of Commencement for clearing. Growth Management Plan Policy 6.1.1(8) states that "Parcels that were legally cleared of native vegetation prior to January 1989 shall be exempt from this requirement." The County Attorney's office provided a legal opinion on June 21, 2005 which states, "Since the parcel of land in question, was not legally cleared pursuant to ordinance Number 75-21, as amended by Ordinance Number 76-42, it is my conclusion based upon the facts presented that this parcel of land is not exempt from the native vegetation retention requirements of Policy 6.1.1". Therefore, they must include this area in preserve calculations which would bring the EAC Meeting Page4of9 preserve area requirement to a total of 5.08. A minimum of 3.8 acres (seventy- five percent) of this requirement must be identified on the master plan with the remaining amount identified at the time of Site Development Plans/ Plat and Construction Plans. This remaining amount must be identified as one additional preserve area preserving the largest, most contiguous amount of vegetation. At the time of Site Development Plan/Plat and Construction Plans they must be set aside as preserve areas with conservation easements prohibiting further development. In accordance with Policy 6.1.1(3), required preservation areas are not identified on the PUD master plan, as explained above. Allowable uses within the preserve areas are included in the PUD document. However, a wall for the twenty-five year storm flood waters is being proposed in the preserve, which is not an allowable use. The LDC prohibits walls in preserves. To be consistent with County regulations, the walls should be removed from the preserves. This area is also in a Florida Power and Light easement and would not be allowed to be used as preserve. The applicant has stated their intention to vacate the easement,but the wall precludes the area from being included in the required preserve area. 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. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Stormwater Management: According to the Drainage Atlas of Collier County, prepared by the County Stormwater Management Department, Bristol Pines outfalls to the 951 Canal North Basin and has an allowable discharge rate of 0.15 cfs. EAC Meeting Page 5 of 9 This PUD almost doubles the size of the existing 23 acre Bristol Pines PUD to 42.61 acres. The design of this phase is substantially like the design of the first Bristol Pines, i.e. a subdivision surrounding a single large lake that provides water quality retention and peak flow attenuation, that discharges into a previously approved lake, which has controlled discharge into the receiving canal. The project has exceeded the SFWMD review threshold of 40 acres and the permitting of the combined sites will be done by the SFWMD. Environmental: Site Description: The subject property is a partially developed 42.61 acre parcel located on the east side of Collier Boulevard (County Road 951), approximately 1 mile north of Vanderbilt Beach Road (State Road 862). Approximately 23 acres of the property are under construction for residential housing and amenities approved with the Bristol Pines PUD Ordinance 2004-10. The remaining native habitats on-site include pine; pine flatwoods; pine-cypress; an old tree nursery; and a single- family residence that has impacted approximately 3 acres of the property. There is a 1.0 acre upland preserve that has been previously established with the original PUD. The Natural Resources Conservation Service (NRCS) soil map for the area identifies the following soil types on the site: Holopaw fine sand, limestone substratum (Unit 2); Pineda fine sand, limestone substratum (Unit 14, hydric); Oldsmar fine sand (Unit 16); and Riviera fine sand, limestone substratum (Unit 18). Wetlands: The South Florida Water Management District found no jurisdictional wetlands on the property. Preservation Requirements: Twenty-five percent of the native vegetation on site is required to be put in a preserve tract or easement. There is a total of 11.69 acres of existing native vegetation within the original PUD boundary and the parcels being added. Since it was determined that the tree nursery, which consists of 8.63 acres, was illegally cleared, this area will have to be included in the twenty-five percent preservation calculation. This comes to a total of 5.08 acres. The petitioner is showing only 2.91 acres to be preserved and re-created. Selection of an additional 2.17 acres of preserves shall be done in compliance with preserve area criteria in GMP Policy EAC Meeting Page 6 of 9 ^ I 6.1.1; including but not limited to 6.1.1(2),(4)and (9). A minimum of 3.8 acres of preserves shall be shown on the site plan and the remainder shall be identified at the time of the next development order submittal and shall be adjacent and contiguous to the preserves identified on the master plan. Also, the wall must be moved out of the preserve or that portion of the preserve (0.77 acre) must be located elsewhere on site. Listed Species: Gopher tortoises were located on part of the property in the boundary of the original PUD. This area was permitted with Plat and Construction Plans and Commercial Excavation permits. It was accidentally cleared before the tortoises could be re-located. An incidental take permit had been issued prior to this by the Florida Fish and Wildlife Conservation Commission. Fines were paid to Collier County for violating the Land Development Code. VII. RECOMMENDATIONS: Staff recommends approval of Bristol Pines PUDZ-A-2004-AR-6084 with the following stipulations, which are necessary to bring this petition into compliance with GMP and LDC policies. Without these stipulations this petition is inconsistent with Policies 6.1.1 (2), (3), (4), (5), (8) and (9) of the Conservation and Coastal Management Element of the Growth Management Plan and Land Development Code Sections 3.05.07.H.l.a.ii. and 3.05.07.H.1.h. Stormwater Management: An Environmental Resource Permit or Surface Water Management Permit from the South Florida Water Management District must be obtained prior to approval of any construction plans. Environmental: 1. Walls are prohibited in preserves and shall be removed from them. 2. Amend the PUD document to state that a total of 5.08 acres of preserves shall be required for this PUD. 3. Amend the PUD master plan. A minimum of 3.8 acres of preserves shall be shown on the PUD Master Plan and the remainder shall be identified at the time of the next development order submittal. 4. Selection of an additional 2.17 acres of preserves shall be done in compliance with preserve area criteria in GMP Policy 6.1.1; including but not limited to 6.1.1(2), (4) and(9). EAC Meeting Page 7 of 9 n 5. Any approved created preserve planting plan shall comply with the following, "Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping". EAC Meeting Page 8 of 9 PREPARED BY: 1440 dr/ 2.7 Ju to O 5 STAN CHRZANOW , P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT AA& 6 L LAURA A. ROYS DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT klae,141 6 -;) ?-05 KA SELEM, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 9 of 9 REVIEWED BY: Pa•-bC64.C- ,,,i - 62-- 6 .4-S-C6 BARBARA S. BURGESO 410 DATE PRINCIPAL ENVIRONME TAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT f/ // 4_, c6 -ze . a „v . " I LIAM D. LORE Z, Jr., PIP . . DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 6/2,8 43"-- USAN MURRAY, AICP, DIRECT , DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: )'4— •.EPH K. SCHM' T A E •MMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES • 11 MINISTRATOR EXECUTIVE SUMMARY Recommendation to the Environmental Advisory Council to recommend approval of the Audubon Country Club Planned Unit Development Bald Eagle Management Plan to replace existing Management Plans. OBJECTIVE: To obtain Environmental Advisory Council (EAC) recommendation for the Audubon Country Club Planned Unit Development (PUD) Bald Eagle Management Plan (BEMP) dated June 8, 2005. CONSIDERATION: Audubon Country Club PUD has two BEMPs in effect at this time. In 1991, a BEMP was approved by the Board of County Commissioners (BCC) outlining protections and restrictions for areas surrounding nest tree CO-20. In 1994, the eagle pair began using a second tree, CO-20A. In 2001, a plat and construction plans were approved by the BCC showing another area of protection around nest tree 20-A. The area covered by the two plans overlaps and the restrictions in the two plans conflict in some cases. The purpose of this proposed plan is to ensure that a "take" as defined under Section 9 of the Endangered Species Act is not likely to occur to a pair of bald eagles or their young occupying the active nests. County staff has worked with both Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. With their technical assistance, this plan has received both agencies approval. The proposed plan recognizes that the existing eagles have moved between two separate nests and provides a strategy to identify appropriate restrictions if the eagles move to a new nest tree. This proposed plan would supersede the two existing plans. This BEMP allows construction with restrictions in areas where the two existing plans currently prohibit or strictly limit construction of single-family homes and other site work. GROWTH MANAGEMENT IMPACT: This BEMP is supported by policies 7.1.2 and 7.1.4 of the Conservation and Coastal Management Element of the Growth Management Plan. These policies require the protection and conservation of wildlife. RECOMMENDATION: That the Environmental Advisory Council recommend approval of the Audubon Country Club PUD Bald Eagle Management Plan dated June 8, 2005. PREPARED BY: Susan Mason, Senior Environmental Specialist,Environmental Services Department 1 Bald Eagle Management Plan Audubon Country Club June 8, 2005 1.0 Purpose and Intent This management plan addresses eagle nests CO-20 and CO-20A and any future eagle nests that may be built within the Audubon Country Club. The purpose of this plan is to ensure that a "take" as defined under Section 9 of the Endangered Species Act is not likely to occur to a pair of bald eagles or their young occupying the active nests in question provided the guidance contained in this document is followed. This plan outlines the restrictions and approved protocols for existing and future home builders and residents to protect an active eagle's nest. The plan recognizes that the existing eagles have moved between two separate nests and provides a strategy to identify appropriate restrictions if the eagles move to a new nest tree. This plan also supersedes any prior approved bald eagle management plans for Audubon Country Club PUD. 2.0 Project Description and History The Audubon Country Club encompasses approximately 775 acres, and it is located in Sections 5, 8 and 9, Township 48 South, Range 25 East, in northwestern Collier County, Florida. The Audubon Country Club was originally approved as a Planned Unit Development(PUD) in the late 1980's. Currently,this development is partially built, and consists of single and multi- family residences, and a golf course on a 775-acre parcel. In 1991, an active eagle nest, Florida Fish and Wildlife Conservation Commission (FWC) number (CO-20) was found in the southwestern portion of the site (Figure 1). Accommodating the nest and required buffer zones necessitated changes to the approved Master Plan for Audubon Country Club Unit II. These changes were approved in 1991. The applicable changes included addition of a bald eagle preserve along with restrictions as to the location and timing of construction within the designated primary and secondary buffer zones. The original nest was active each year since 1991. In the 1994-1995 nesting season, the original nest CO-20 was abandoned and a new nest FWC CO-20A was constructed approximately 965 feet north of the old nest tree. Accommodating the nest at the new northern location included a management plan with restrictions as to the location and timing of construction that was incorporated into the Master Plan for Audubon Country Club Unit III. The eagles remained in this northern nest through the 1999-2000 nesting season. No nesting was noted on site for the 2000-2001 nesting season. During the 2001-2002 nesting season the eagles moved back to their former nest tree, which has been dead for some time (south nest). The eagles successfully nested in the southern nest through the 2003-2004 nesting season. During this nesting season (2004- 2005) the eagles have moved back to the northern nest tree. Monitoring to date indicate that two young eagles fledged during mid March of 2005. Audubon Country Club Bald Eagle Management Plan June 8, 2005 There has been active eagle nesting at Audubon Country Club for the last 14 years. It is noted that when the eagles moved to the northern nest they were moving closer to existing construction and development. It is also noted that the eagles moved back to the southern nest after the lands around the nest had been cleared for home sites and a lake had been constructed immediately east of the nest tree. During this nesting season 2004- 2005 the eagles moved back to the north nest. Home construction was actively occurring to the north of this nest when the eagles moved back to the northern nest. Audubon Country Club has preserved approximately 300 acres of land within and adjacent to Hickory Bay. Nest History k w " F: �young �.. Nesting� on A �� „ �ed1. South 1991-1992 Yes South 1992-1993 Yes South 1993-1994 Yes North 1994-1995 Yes North 1995-1996 Yes North 1997-1998 Yes North 1999-2000 Yes North 2000-2001 No South 2001-2002 Yes fTh South 2002-2003 Yes South 2003-2004 Yes North 2004-2005 Yes 3.0 General Principles for Bald Eagle Protection . The bald eagle was listed as endangered on March 11, 1967, due to significant population declines (32 FR 4001). The status of bald eagle was reclassified from endangered to threatened on July 12, 1995, due to substantial population increases following conservation efforts, including the banning of DDT and other organochlorine pesticides (60 FR 36010). No critical habitat has been designated for this species. A proposed rule to delist the bald eagle was published in the Federal Register on July 6, 1999. Under a joint review process for bald eagles established during the summer of 1998, the Service, in coordination with the FWC, agreed on a standard primary zone extending 750 feet from the nest tree and a standard secondary zone extending from 750 to 1,500 feet from the nest tree. Biologists analyze the best biological information to make a case-by- case determination on whether a proposed activity may adversely affect nesting bald eagles. Information analyzed may include type of proposed activity, time of year and duration of proposed activity, vegetative screening, current disturbances, and demonstrated tolerance of nesting eagles to disturbance. Page 2 of 8 0 Audubon Country Club Bald Eagle Management Plan June 8, 2005 The Habitat Management Guidelines for the Bald Eagle in the Southeast Region (Service 1987) (Guidelines) provide recommendations to avoid adversely affecting the bald eagle, especially during the nesting season. In general, the Guidelines recommend In the event that building construction in the secondary zone is not completed during the non-nesting season, the Bald Eagle Monitoring Guidelines (Service 2002) should be initiated. These guidelines area available at http://northflorida.fws.gov. Bald eagles are vulnerable to disturbance early in the nesting season, i.e., during courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks of the nesting cycle). Disturbance during this critical period may lead to nest abandonment and/or chilled or overheated eggs or young. Human activity near the nest later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing the likelihood of fledgling survival. In general,the Service discourages all types of construction within the primary zone (0 to 750 feet from a nest tree) of a bald eagle nest territory. However, in recent years, with a growing bald eagle population in Florida, we have found certain exceptions are acceptable without harm to the eagle. Existing State and Federal Bald Eagle Guidelines, scientific literature on bald eagle disturbance, and recommendation from State and Federal biologists who monitor the impact of human activity on bald eagles, suggest that bald eagles are unlikely to be disturbed by continuous use of roads, homes, and other facilities where such use predates the eagles' nesting activity in a given area. Therefore, in most cases ongoing existing use may proceed with the same intensity with little risk of disturbing bald eagles. However, some intermittent uses that predate eagle nesting in an area may disturb bald eagles (e. g., construction of new residences and other structures). Bald eagles are vulnerable to disturbance early in the nesting season, i.e., during courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks of the nesting cycle). Disturbance during this critical period may lead to nest abandonment and/or chilled or overheated eggs or young. Human activity near the nest later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing the likelihood of fledgling survival. The Service identifies two broad categories of construction activities; a)new subdivisions and, b) single-family residences. A subdivision is regarded as the construction of multiple residences on a previously undeveloped area. When roads, homes and other facilities predate the establishment of an eagle nest territory, subsequent building of homes within a subdivision should be treated as single-family residences as set forth in the letter "Clearance to Proceed with Construction Activities Adjacent to Bald Eagle Nests (Service 2004). The Bald Eagle Management Protection Criteria outlined in Section 4.0 are based, in part, on the requirements of a single-family residence set forth in this letter. The Service believes that "take", as defined under Section 9 of the Endangered Species Act, is not likely to occur to a pair of bald eagles or their young, occupying the active Page 3 of 8 Audubon Country Club Bald Eagle Management Plan June 8, 2005 nests in question provided the guidance contained in this Bald Eagle Management Plan is followed. 4.0 Protection Criteria Current USFWS guidelines recommend that applicants make every effort to locate their homes and any accessory structures so they maintain a minimum of 750 feet from the nest tree. If there are structures (homes) closer than 750 feet from the nest, the proposed construction may occur at a distance equal to but not closer than that of the existing structure, providing the size and scope of the new structure is similar to that of the existing structure. In the Audubon Country Club PUD, roads, houses, other structures, and the activities associated with them predate the alternate use of nests CO-20 and CO-20A. As of May 2005, the closest existing structure to these nests is a partially completed house located at 242 Audubon Blvd. (Audubon Country Club Unit 2, Block F, Lot 12) and is approximately 350 feet from the nest tree. 4.1 Locational Restrictions 4.1.1 Zero to 50 feet from nest tree a. To prevent soil compaction that may possibly harm the nest tree,no vehicles or heavy equipment will be allowed to operate within 50 feet of a nest tree at any time. b. Human activity limited to eagle nest conservation purposes is the only activity PTh allowed within this area during any nesting season in which the nest is being used by the eagles. c. Pets are not allowed in this area. 4.1.2 Zero to 350 feet from the nest tree a. Site alterations are limited to conservation purposes. Any proposed conservation site alteration will require approval from USFWS,FFWCC, and Collier County. b. Until such time as nests 20 and 20A are declared lost or abandoned (Section 4.2) or an applicant receives an incidental take permit pursuant to Section 4.5, the County will not permit the construction of a primary or accessory structure, a wall, or a fence on the following lots in Audubon Country Club: Audubon Country Club, Unit 2, Block F — Lots 13-16 and Audubon Country Club, Unit 3 — Lots 1-8. Some of the Audubon Country Club, Unit 3 lots are farther than 350 feet from nest 20. However there are no closer structures to allow construction until such time as nest 20 is declared lost or abandoned (Section 4.2) or an applicant receives an incidental take permit pursuant to Section 4.5 as stated above. See Figure 1 dated 6/10/2005, attached. c. Mowing for compliance with County Code is allowed during the non-nesting season. 4.1.3 350 feet to 750 feet from the nest tree a. On lots within this area, structures must be located the furthest distance from the nest tree that setbacks will allow. Page 4 of 8 Audubon Country Club Bald Eagle Management Plan June 8, 2005 b. Any native tree greater than 20 feet in height located between the proposed nest tree and 15 feet from the building footer must be preserved. c. Unless otherwise allowed by this Plan, a person may not conduct exterior construction during the nesting season of October 1 through May 14. Exterior construction means all work associated with lot preparation (vegetation clearing, excavation and filling), and horizontal and vertical construction. A person may conduct exterior construction prior to May 14 only if a qualified biologist documents any of the following conditions: (1) No evidence of use of a nest by February 1, in which case a person may conduct exterior construction during the normally prohibited period of February 1 through May 14; (2) Documented failure by March 1, in which case a person may conduct exterior construction during the normally prohibited period from the date of documented failure through May 14 and; (3) Young eaglets have fledged the nest, in which case a person may conduct exterior construction from the date the eaglets have fledged the nest through May 14. d. During the nesting season, all work associated with interior construction including preparatory cutting, sawing, or any other activity that supports this work must occur inside an enclosed house or garage provided that monitoring is performed pursuant to Bald Eagle Monitoring Guidelines (Service 2002). Work associated with interior construction may occur outside of the house or garage prior to May 14 only if a qualified biologist documents any of the following conditions: (1) No evidence of use of a nest by February 1, in which case a person may conduct exterior construction during the normally prohibited period of February 1 through May 14; (2) Documented failure by March 1, in which case a person may conduct exterior construction during the normally prohibited period from the date of documented failure through May 14 and; (3) Young eaglets have fledged the nest, in which case a person may conduct exterior construction from the date the eaglets have fledge the nest through May 14. e. All exterior lighting must be shielded from the view of the birds on the nest. f. During the nesting season, no radios, CD players, or similar equipment or loud noises detectable within 50 feet of the nest tree are allowed. 4.1.4 750 feet to 1500 feet from the nest tree A person may conduct exterior construction during the nesting season provided that the Bald Eagle Monitoring Guidelines (Service 2002, or any subsequent USFWS eagle monitoring document) are followed. Interior construction work may be conducted year round without monitoring. Exterior construction during the non-nest season can be conducted without monitoring. If condition (1), (2), or (3) from section 4.1.3 c. are met, the breeding season is considered terminated, and monitoring is no longer required. 4.2 Lost,Inactive or Abandoned Nests. If a nest or a nest tree is lost by natural causes, the restrictions provided in Section 4.1 will apply through two complete breeding seasons. An abandoned nest means that the Page 5 of 8 Audubon Country Club Bald Eagle Management Plan June 8, 2005 nest is inactive (unused) but intact or partially intact through five complete breeding seasons. Once a nest is abandoned, then the restrictions provided for in Section 4.1 will no longer apply. 4.3 New Nests If an eagle pair builds a nest in a new location, the protections outlined in this document will be instituted within the 1500-foot radius of the new nest tree. Construction restrictions will be evaluated based on distance between the nest tree and the closest existing structure. New nest locations will require this Bald Eagle Management Plan to be amended subject to the requirements of Section 4.4. 4.4 Plan Amendments This plan shall be amended to specifically address the circumstances based on the location of any future nest trees. In the event that the applicant is unable to meet the recommendations provided in this management plan, they may contact the Service directly for further guidance. If applicant agrees to the parameters and adheres to the recommendations cited above, the Service does not object to the initiation of the project. An amendment to this plan will be required by Collier County and may be done administratively. Any changes to the management plan activities outlined above must first be reviewed and approved by the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission and Collier County prior to implementation of the changes. 4.5 Process to receive approval for building closer to nests CO-20 and CO-20A (Incidental Take Permit) While building anywhere closer to the bald eagle nests CO-20 and CO-20A is not recommended by the Guidelines, the USFWS has options to consider. The Service is responsible for administering the Endangered Species Act(ESA). Section 9 of the ESA prohibits unauthorized take of listed species. Take means to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such activity. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. If a project will impact federal jurisdictional wetlands, section 7 of the ESA can provide an exception to the section 9 prohibitions through consultation with the U.S. Army Corps of Engineers (Corps) and authorization of incidental take. If no federally jurisdictional wetlands are involved, section 10 of the ESA provides an exception to the section 9 prohibitions through the Service's incidental take permit process. Incidental take is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an Page 6 of 8 Audubon Country Club Bald Eagle Management Plan June 8, 2005 otherwise lawful activity. The incidental take section 10 permit process requires completion of a permit application and a Habitat Conservation Plan (HCP). If a project does not involve impacts to wetlands, an applicant may need to complete a permit application and an HCP specific for the bald eagle. It should also be noted that the scope of a project may determine the need for incidental take authorization. For instance, a project deemed by the Service to be insignificant in terms of impacts to the bald eagle, or would not increase risk to the bald eagle, could be termed not likely to adversely affect the bald eagle and negate the need for incidental take authorization. An applicant may receive County authorization to build closer to nests CO-20 and CO- 20A than that provided for in Section 4.1 provided that the applicant furnishes either: a. an incidental take permit from the USFWS, or b. written notification from the USFWS that the USFWS finds that the project will not likely adversely affect the bald eagle and an incidental take authorization is not needed. 4.6 Monitoring Collier County will conduct periodic monitoring of these projects for compliance with these requirements and assessment of the status of the nesting eagles. 4.7 Notification Requirements The Homeowners' Association will provide each owner of an undeveloped lot within 1500 feet of CO-20 and CO-20A with a copy of the eagle management plan. 4.8 Lot Owner Responsibilities Each lot owner that undertakes construction within 1500 feet of an active eagle nest is responsible for insuring that construction is in compliance with this management plan. Page 7 of 8 Audubon Country Club Bald Eagle Management Plan June 8, 2005 Figure 1: Audubon Country Club Bald Eagle Management Plan 441IN 0 -A-,--1,- ' :.-- ''''- lt/ . r � _ CO 2DA� ! . ti CO-20............... Ar___ .,.i .,..,_,-.., i Air • • A.. i , ,, 'r vs", 1 ..‘,,,,,,L.,,,,, g , 8 „,e3- -''''':* :.11414/''1'1!” r."..1 7 It''3'44s * I' ' 41i1 I it,„„...... I, , EAGLE NESTZONES Primary zone Eagle Nest Secondary zone Pacdsid�ired ina aro' section 412 II Source: Parcels and 20D4 aerials-Colier County Property Appraiser Created by: ODES Environmental Se vices Department c ,c'''''''' G:IG IS/Aud EDS.mxd `-611.7' "E Feet Note 5 : 0 SOD 1,000 Note Map is approximate, Decisions should not be based sole on this map Page 8 of 8 Attentiau EAC It dviooxq Kteadte't : TkSt4RpWeItq & ioLYu toff wive the ofa66 nepunt Gua tkio pajet uudvepwutte esupn. Tkwk yu. BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES,FLORIDA 34120 PREPARED BY: pu-TANc. CONSULTING J_ t. T t Z 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And GOODLETTE COLEMAN&JOHNSON,P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL "EXHIBIT A" N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance ii Section I Property Ownership and Legal Description I-1 Section II Project Development Requirements II-1 Section III Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-1 Section VI Development Commitments VI-1 Appendix "A" Typical Cross Sections A-1 N:\2002\02-0l51.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc LIST OF EXHIBITS,TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN APPENDIX"A" TYPICAL CROSS SECTIONS EXHIBIT"B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS i N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County,Florida as a Planned Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing" as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 7.00 units per gross acre, which is provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. 8. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc 9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will implement, and further Objective 8 of the Transportation Element. N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION I �-. PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. AND: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. AND: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35,N.89°58'25"E., A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 12,PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT, S.02°14'59"E.,A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY, ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89°58'25"E. FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, S 02°15'20" E FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89°59'05"E. FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK 22, PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02°14'19"E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID PLATTED BOUNDARY LINE S.89°58'02"W. A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE,N.02°14'43"W. A DISTANCE OF 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89°57'59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.61 ACRES MORE OR LESS. I-2 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST, AS BEING NORTH 89°58'25" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006, and 00205600001) 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been cleared and utilized for agricultural purposes. Three single-family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run-off from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right-of-way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single- family housing in a townhouse configured, multi-unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Tree Farm Road. I-3 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in the fourth quarter of 2005, with completion programmed in .-� the third quarter of 2007 (Capital Road Project#65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". II I-4 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit"A",RPUD Master Plan. II-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT "R" RESIDENTIAL 298 37.3 TRACT "RA" RECREATION AREA 0 2.4 TRACT "P" PRESERVE 0 2.9 TOTAL 298 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 298 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42.6 acres. The gross project density, therefore, will be a maximum of 7 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement(AHDBA). 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order, II-2 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc except in the case in which individual residential units within a multi-unit building will be conveyed fee simple, including each individual lot. Deviation from Chapter 10.02.03. of the LDC. D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single-family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages in the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures to the Planning Services Department. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22-122(a) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of Ordinance No. 04-55, of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0). of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. II-3 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of the Ordinance establishing the Bristol Pines RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. 2.10 MODEL, SALES,AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC, with applications for improvement plans and final subdivision plat, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. II-4 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use shall cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development,but not to exceed the project build-out date of December 31, 2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan, or approved subdivision improvement plans,no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. II-5 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc E. Fill storage shall not be permitted in Preserve Areas. .-. F. Fill may be stored on site for the maximum length of time of twenty-four (24) months. This period may be extended through the written permission of the Planning Services Director. 1 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 2.91 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6-acre project site, only 11.69 acres of the site is "native",by definition. The two preserves, Tract "P", contain a total of approximately 2.9 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The southwesterly preserve tract will have approximately 0.55 acres of native vegetation re-created. Native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent(75%) canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas depicted shall consist of retained native vegetation. Native preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the native preserves may be modified. However, the remaining native preserves shall not be less than 2.91 acres in total area. Refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract"P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document,RPUD Master Plan, and applicable provisions of the LDC. II-6 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, as well as project signage will occur within this Tract"R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 298 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from the RMF-6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). 2) Single-family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. III-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A '/2 BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S '/2 BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or '/z BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH:Building Height III-2 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required,20-foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence on lands (Collier County Folio Number 00206600000) lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. 4) A 15-foot wide setback shall be maintained from any structure to any project perimeter property line. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion, or all of the referenced sidewalk. III-3 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts,playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate'screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits,when required: A. Principal Uses: Nature preserves. B. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI-1 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E. of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.a. above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision (if required), or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, and is anticipated to impact public facilities with permanent occupancy dwellings in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy(CO). 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting must be provided at all development access points. Access lighting shall be in place prior to the issuance of the first CO. C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a right-of-way permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. VI-3 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right- of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. L. The developer shall provide a 10-foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. The developer, its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Tree Farm Road. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: VI-4 N:\2002\02-0l 51.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04-51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service of a proposed 16 inch force main along Collier Boulevard. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. In the event the project does VI-5 N:\2002\02-0151.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to the project homeowners' .-. association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal,monitoring, and maintenance (exotic-free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by .-� the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. The RPUD shall be consistent with the Environmental Sections of the Collier County GMP, and the Collier County LDC in effect at the time of final development order approval. G. All approved agency(SFWMD, ACOE, FFWCC)permits shall be submitted prior to final plat/construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval. VI-6 N:\2002\02-0l51.09 Bristol Pines Phase II Zoning\0003 Rezoning\Bristol Pines Phase II PUD clean 6-20-05.doc 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS,BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Retaining walls, not to exceed two feet, shall be permitted on the outside perimeters ^ of the Preserve Tract "P", for the purposes of perimeter water management impoundment. Deviation from LDC Sub-section 3.05.07.H.1.h. D. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B. of the Collier County LDC in effect at the time of building permit application. 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County. 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Project Location Map 2 ii LIST OF TABLES Page Table 1. Habitat/FLUCFCS Types and Acreages 3 Table 2. Native Vegetation Habitat Types and Acreages 8 Table 3. Listed Wildlife that Could Potentially Occur on the Bristol Pines RPUD 12 Table 4. Listed Plant Species that Could Potentially Occur on the 14 Bristol Pines RPUD iii LIST OF EXHIBITS Page Exhibit A. Resumes A-1 Exhibit B. Aerial with FLUCFCS Overlay B-1 Exhibit C. FLUCFCS Map C-1 Exhibit D. Topographic Location Map D-1 Exhibit E. Soils Map E-1 Exhibit F. Conceptual Water Management Plan F-1 Exhibit G. RPUD Master Plan G-1 Exhibit H. Off-site Interface Exhibit H-1 Exhibit 1. Project Location with Land Use Designations I-1 Exhibit J. Site Plan J-1 Exhibit K. Native Vegetation Map K-1 Exhibit L. SFWMD Wetland Jurisdictional Signoff Map L-1 Exhibit M. Listed Species Survey M-1 iv LIST OF EXHIBITS(CONTINUED) Pace Exhibit N. Listed Species Location Map N-1 Exhibit 0. Gopher Tortoise Incidental Take Permit 0-1 Exhibit P. Phase I Environmental Site Assessment P-1 Exhibit Q. Soil Sampling Report Q-1 Exhibit R. Correspondence from the Florida Department of State R-I v INTRODUCTION This report represents the Collier County Environmental Impact Statement(EIS)for the Bristol Pines RPUD. This EIS has been prepared in accordance with Division 3.8 of the Collier County Land Development Code(October 30, 1991, as amended February 19, 2004). 3.8.5.1 APPLICANT INFORMATION A. Responsible person who wrote the EIS and his/her education and job related environmental experience. Michael A. Myers and Julie A. Arrison, Passarella and Associates, Inc. Consulting Ecologists. A copy of Mr. Myers' and Ms. Arrison's resume is enclosed as Exhibit A. B. Owners) agent(s) name, address,phone number&e-mail address. Waterways Joint Venture N,Inc. 14627 Collier Boulevard Naples,FL 34120-4430 (239)382-0020 radavenport@bellsouth.net 3.8.5.2 MAPPING AND SUPPORT GRAPHICS A. General location map. A project location map is provided as Figure 1. B. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred(200)feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the count. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. 1 _ �,� -.ter, . IM \LEE RG -� ...Pr Nit lip illik ST MAMIE Pd PARANA CM 11w _ ,`... _ MOO MI +� % . „, - - liiii ' itti011. r iiiiiiVi 111 IIV°VikPi:(OA '(r•,),. N ge I Z COLLIER COUNTY S LI w r ) - - IMMOKALEE RD — ..--, f ____..)L-\ ) ccv J toa 1 f____ ....._ 0 RO_CK_FILLRD ___ PROJECT LOCATION ^`'• b SEC 35,TWP 48 S,RGE 26 E WOLFE RD -, - — r — VANDERBILT BEACH RD EXT. _1 _—___�_T__ — -....__ —_ —_-1 --— -- -- -----v---- — GOLDEN GATE BLVD - --4_-- — y_— A z I I w 0 I , - &4SSARELLA and ASSOCIATES. INC. I FIGURE 1. PROJECT LOCATION MAP Consulting Ecologists g BRISTOL PINES RPUD DRAWN BY: W.C. DATE: 3/25/04 G 2 The vegetation associations and land uses were mapped utilizing the Florida Land Use, Cover and Forms Classification System(FLUCFCS)Level III and IV(Florida Department of Transportation 1999). Level 1V was used to denote exotic infestations, anthropogenic disturbances,and hydrological conditions.An aerial photograph with FLUCFCS mapping is enclosed as Exhibit B. A FLUCFCS map of the property is provided as Exhibit C,and an acreage breakdown of the habitat types is provided in Table 1. Table 1. Habitat/FLUCFCS Types and Acreages • FLUCFCS • . : 'eeirt .I .abitat , Acreage Code � of Total. • 110 Residential 3.39 8.0 241 Tree Nursery 8.63 20.3 250 Specialty Farm 17.93 42.1 4119 Pine Flatwoods, Disturbed 0.88 2.1 4159 Pine, Disturbed 8.96 21.0 6245 Pine/Cypress,Drained and Disturbed 1.85 4.3 740 Disturbed Land 0.85 2.0 743 Spoil Pile 0.12 0.3 Total 42.61 100.0 C. Topographic map and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided A Topographic Location Map is enclosed as Exhibit D. D. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use Cover and Forms Classification System determinations. According to the Collier County Soils Map, the following soil types are found on the property(Exhibit E): Holopaw fine sand,limestone substratum(Soil Map Unit 2);Pineda fine sand,limestone substratum(Soil Map Unit 14);Oldsmar fine sand(Soil Map Unit 16); and Riviera fine sand, limestone substratum(Soil Map Unit 18). E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. Please see the Conceptual Water Management Plan enclosed as Exhibit F. 3 F. Development plan including phasing program,service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the Bristol Pines RPUD Master Plan enclosed as Exhibit G. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservations lands, conservation acquisition area, major flowways and potential wildlife corridors. Please see the Off-site Interface Exhibit enclosed as Exhibit H. H. For properties in the RLSA and RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Please see the Project Location with Land Use Designations Map enclosed as Exhibit I. The project lies within the Residential Density Bands and the Urban Residential subdistricts on the Urban designation on the Future Land Use Map. The project does not lie within the RLSA or RFMU Districts. 3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION A. Provide an overall description of the project with respect to environmental and water management issues. The Bristol Pines RPUD is 42.61±acres and is located in Section 35,Township 48 South, Range 26 East,Collier County,Florida(Figure 1). The project site is located at the southeast corner of Collier Boulevard(C.R.951)and Tree Farm Road, across from the Golden Gate Nursery. The surrounding land uses include Tree Farm Road and forested land to the north; partially cleared forested land, a road,and single-family residences to the east;agricultural lands,disturbed,forested lands,Vanderbilt Country Club,and a residential and golf course community to the south;and Collier Boulevard and the Golden Gate Nursery to the west. A 1"=200' scale aerial of the project site is attached as Exhibit B. The parcel consists of a combination of single-family residences;a tree nursery;a specialty farm;undeveloped,forested lands;and a spoil pile. The proposed project includes a multi-family residential development with a clubhouse, associated amenities, and surface water management. Of the 42.61± acres on the project site, 11.69± acres are considered habitats with native vegetation present. Those habitats not included as native vegetation habitats include single- family residential areas, a specialty farm, disturbed land, and a spoil pile. There are no • 4 wetlands or"other surface waters". A total of five active and one inactive gopher tortoise (Gopherus polyphemus) burrow was identified on-site. A gopher tortoise incidental take permit (#COL-55) has been obtained from the Florida Fish and Wildlife Conservation Commission(FWCC) and has been provided under separate cover prior to Environmental Planning staff. This incidental take permit is required to relocate the existing tortoise to an on-site retained native vegetation preserve area. However,prior to the gopher tortoises being excavated their burrows and surrounding vegetation were prematurely cleared and filled. As soon as this oversight was detected Environmental Planning staff was notified by the petitioner and remedial action taken. In addition, a Florida coontie(Zamiafloridana)was observed on-site.The Florida coontie was located in the Residential (FLUCFCS Code 110) habitat adjacent to the Spoil Pile (FLUCFCS Code 743)habitat and was also accidentally cleared. Since there are no wetlands, no wetland impacts will occur and no mitigation will be required. A site plan is shown as Exhibit J. There is also no mitigation proposed. Runoff will be collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the western boundary of Phase I. Discharge will be into the Collier Boulevard (C.R. 951) Canal right-of-way. Allowable discharge rates will be in accordance with Collier County Ordinance No.90-10,as amended. A 2.91± acre upland area will be enhanced and preserved. The exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarian cunninghamiana), downy rose-myrtle (Rhodomyrtus tomentosus), and cattails (Typha latifolia).Exotic vegetation removal will include hand removal of exotics.The exotics will be treated in place with an appropriate herbicide and left standing;or exotics will be cut,the cut vegetation will be removed or stacked in place,and the remaining stumps treated with an appropriate herbicide. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. Objective 2.2 of the Conservation and Coastal 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 lakes to provide water quality retention and peak flow attenuation during storm events. 5 The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation&Coastal Management Element, for the following reasons: • Twenty-five percent of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. Selection of preservation areas are consistent with the criteria listed in Policy 6.1.1. • Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants,as defined by the Florida Exotic Pest Plant Council. • Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • In accordance with Policy 6.2.6, required preservation areas are identified on the RPUD master plan. Allowable uses within the preserve areas are included in the RPUD document. Uses within the preserve area shall not include any activity detrimental to drainage,flood control,water conservation,erosion control,or fish and wildlife conservation and preservation. • In accordance with Policy 7.1.2, a listed species survey was conducted on the property and one listed wildlife species, the gopher tortoise, and one listed plant species, the Florida coontie,was identified on the subject property. • In accordance with Policy 11.1.2,correspondence has been received from the Florida Department of the State stating that no archaeological or historical sites are known to exist within the project area. 3.8.5.4 NATIVE VEGETATION PRESERVATION A. Identify the acreage and community type of all upland and wetland habitats found on the project.site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on site by vegetation type(species), vegetation composition(canopy, midstory and ground cover)and vegetation dominance (dominant, common, and occasional). A description of each FLUCFCS type with the acreage of this habitat type found on the project site is as follows: Residential(FLUCFCS Code 110) This upland land use is located towards the east side of the property and occupies 3.39±acres 6 or 8.0 percent of the property. This area includes single-family homes with yards that were cleared of most of the canopy and sub-canopy vegetation. Tree Nursery(FLUCFCS Code 241) This land use is located in the south central portion of the site, occupies the western three quarters of the site, occupies 8.63± acres or 20.3 percent of the property. The canopy and sub-canopy contain live oak (Querus virginiana) and Washington fan palm(Washingtonia robusta). Ground cover species include grapevine(Mitis rotundifolia),Caesar-weed(Urena lobata), spermacoce (Spermacoce verticillata), St. Augustine grass (Stenotaphrum secundatum), hairy beggar-ticks (Bidens pilosa ), poison ivy (Toxicodendron radicans ), common ragweed (Ambrosia artemisiifolia), Bay Biscayne wedelia (Wedelia trilobata), guineagrass (Panicum maximum), and little blue maidencane (Amphicarpum muhlenbergianum). Specialty Farm (FLUCFCS Code 250) This land use is located on the western one half of the site and occupies 17.93±acres or 42.1 percent of the property.The canopy and sub-canopy are mostly open with scattered slash pine (Pinus elliottii), live oak, and Brazilian pepper. Ground cover species include common ragweed, natalgrass (Rhyncheletrum repens), caesar-weed, flatsedge (Cyperus ligularis), fi ngergrass (Eustachys petraea), hairy indigo (Indigofera hirsuta), hairy beggar-ticks, horseweed (Conyza canadensis),and wild sensitive plant(Chamaecrista nictitans). Pine Flatwoods,Disturbed(FLUCFCS Code 4119) This habitat type is located in the southwestern portion of the site and occupies 0.88±acre or 2.1 percent of the property. The canopy consists of slash pine and melaleuca. The sub- canopy consists of slash pine, wax-myrtle (Myrica cerifera), and melaleuca. The ground cover includes saw palmetto(Serenoa repens),tar-flower(Bejaria racemosa),wax-myrtle, gallberry (Ilex glabra), melaleuca, greenbriar(Smilax sp.),and grapevine. Pine,Disturbed(FLUCFCS Code 4159) This upland community is located on the northeast side of the site and occupies 8.96±acres or 21.0 percent of the property and is found on the east and west sides of the single-family tract.The canopy is dominated by slash pine,cabbage palm(Sabal palmetto),and scattered bald cypress (Taxodium distichum). The sub-canopy contains Brazilian pepper (50 to 75 percent coverage).Ground cover species include grapevine,poison ivy,caesar-weed,swamp fern(Blechnum serrulatum),hairy beggar-ticks,spermacoce,St.Augustine grass,Virginia creeper (Parthenocissus quinquefolia), common ragweed, Bay Biscayne wedelia, and scattered saw palmetto. It is noted that there is heavy vine cover throughout this area. Pine/Cypress,Drained and Disturbed(FLUCFCS Code 6245) This upland community is located on the northeast side of the site and it totals 1.85±acres or 4.3 percent of the property.The canopy contains bald cypress and slash pine.The sub-canopy includes bald cypress, slash pine, melaleuca(50 to 75 percent coverage), Brazilian pepper (50 to 75 percent coverage), wax-myrtle, and cabbage palm. The ground cover includes grapevine (dominant), bald cypress, greenbrier, spermacoce, dog fennel (Eupatorium 7 capillifolium), caesar-weed, and St. Augustine grass. There is also heavy vine cover throughout this area. Disturbed Land(FLUCFCS Code 740) This upland land use is located towards the east side of the single-family tract and occupies 0.851 acre or 2.0 percent of the property. This area is dominated by St. Augustine grass. Spoil Pile(FLUCFCS Code 743) This upland land use is located towards the southwest side of the single-family tract and occupies 0.12± acre or 0.3 percent of the property. This area is dominated by Brazilian pepper. B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan,and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact,per FLUCFCS category. The property lies within the Urban designation of the Collier County Future Land Use Map. According to the vegetation preservation and retention standards for residential and mixed use development for an area of greater than 20.0± acres, a minimum of 25 percent of the native vegetation areas located on the subject property will be retained. The property has a total of 11.69% acres of native vegetation habitat. The habitats are composed of Pine Flatwoods, Disturbed (FLUCFCS Code 4119); Pine, Disturbed (FLUCFCS Code 4159);and Pine/Cypress,Drained and Disturbed(FLUCFCS Code 6245). A Native Vegetation Map is provided as Exhibit K, while Table 2 provides an acreage breakdown of these native habitats. Table 2. Native Vegetation Habitat Types and Acreages FLUCFCS • .\• Native_Vegetation• • .Non-Native Code Habitat Acreage • egets ton 110 Residential - 3.39 _ 241 Tree Nursery - 8.63 250 Specialty Farm - 17.93 4119 Pine Flatwoods,Disturbed 0.88 - 4159 Pine, Disturbed 8.96 6245 Pine/Cypress, Drained and Disturbed 1.85 - 740 Disturbed Land - 0.85 743 Spoil Pile - 0.12 Total •11.69 • • 0.9. Minimum Retained Native Vegetation Requirement 2.90 ' (Native Vegetation Acreage x 25%) 8 The proposed project design has incorporated 2.91±acres of the uplands as preserves within the development plan. At post-development these uplands will be enhanced by the removal of exotics. The preserved and enhanced uplands will be placed under a conservation easement. The current 10 foot FPL easement located within the preserve will vacated. Within the vacation of the FPL easement the preserves will meet the native vegetation requirement for this property. A Site Plan of the property is provided as Exhibit J. C. For sites already cleared and in agricultural use,provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003,provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable. D. Have preserves or acreage requirements for preservation previously been identifiedfor the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed A review of Collier County records located no conditional or provisional use permits for either the specialty farm or tree nursery. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved. There are no areas with Special Treatment overlays located within the subject property. 3.8.5.5 WETLANDS A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition(canopy, midstory, and ground cover) and vegetation dominance (dominant, common, and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection,prior to submission to the County. No South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands or"other surface waters"have been identified on the property(Exhibit C). A copy of the signoff map with SFWMD signature showing that no wetlands or "other surface waters"were identified on the property is attached as Exhibit L. 9 B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s)for the site. Due to the lack of wetlands on-site, biological indicators of current seasonal high water levels is not applicable. The presence of buttressing on cypress trees in the Pine/Cypress, Drained and Disturbed(FLUCFCS Code 6245)habitat indicates that historically this site did receive seasonal standing water at one time. According to the stormwater management report, the control elevation will be set at 12.0 feet. C. Indicate the proposed percent of defined wetlands to be impacted and the effects ofproposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. Since there are no wetlands or "other surface waters", there are no wetland impacts associated with this proposed project. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element,of the Growth Management Plan. For sites in the RFMUDistrict,provide an assessment, based on the South Florida Management District's Uniform Mitigation Assessment Method, that has been accepted by either by the South Florida Water Management District or Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. Not applicable. 3.8.5.6 SURFACE AND GROUNDWATER MANAGEMENT A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system,positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of the storm and ground water. The water management system consists of 4.37±acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the western boundary of Phase I. Discharge will be into the Collier Boulevard(C.R. �.� 951) Canal right-of-way. Allowable discharge rates will be in accordance with Collier 10 County Ordinance No.90-10,as amended. Due to the lack of wetlands on site,no wet or dry season water table elevations were surveyed. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not applicable. The project has no wetland impacts. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones(WRM-S7)within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. No Wellfield Risk Management Zones exist within the project area. 3.8.5.7 LISTED SPECIES A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s)of species of special status identified on-site. A listed plant and wildlife species survey was conducted by Passarella and Associates,Inc. on the project on September 11,2003,with additional observations made on December 24, 2002 and July 26, 2003, to determine whether the project was being utilized by state or federal listed species. The survey methodology and results are provided as Exhibit M. A total of five active and one inactive gopher tortoise burrows were identified on-site.A gopher tortoise incidental take permit(#COL-55)has been obtained from the FWCC and has been provided under separate cover prior to Environmental Planning staff. This incidental take permit is required to relocate the existing tortoise to an on-site retained native vegetation preserve area. In addition, a Florida coontie was observed on-site. However,prior to the gopher tortoises being excavated their burrows and surrounding vegetation were prematurely cleared and filled. As soon as this oversight was detected Environmental Planning staff was notified by the petitioner and remedial action taken. The Florida coontie was located in the Residential(FLUCFCS Code 110)habitat adjacent to the Spoil Pile(FLUCFCS Code 743)habitat and it too was accidentally cleared. No other listed wildlife species were observed during the listed species survey. 11 B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. The proximity of listed species to the project site as recorded by the FWCC is provided as Exhibit N. Listed wildlife species that were not observed but that have the potential to occur on the project site are listed in Table 3. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals(Humphrey 1992),Volume III;Amphibians and Reptiles(Moler 1992);Volume V. Birds (Rodgers et a1. 1996); and personal experience and knowledge of the geographic region. Table 3. Listed Wildlife That Could Potentially Occur on the Bristol Pines RPUD • Designated-Status; :: l4iabitat Scientific Name Common Name , • - - • .(FLUCFCS • ]E'WCC, UM/WS Codej Amphibians and Reptiles , - Rana capito Gopher Frog SSC - 4 U9/743 Drymarchon_corais couperi Eastern lndi Snake T T 4119/4159/6245 - Birds Falco sparverius paulus Southeastern American T - 4119/4159 Kestrel ,....` Haliaeetus leucocephalus Bald Eagle T T 4119 Picoides borealis Red-cockaded T E 4119 Woodpecker Mammals Sciurus niger avicennia Big Cypress Fox Squirrel T - 4119/6245 _ Felts concolor corgi Florida Panther E _ E 4119/4159/6245 FWCC—Florida Fish and Wildlife Conservation Commission USFWS—U.S.Fish and Wildlife Service SSC—Species of Special Concern T-Threatened E—Endangered T(S/A)—Threatened due to similarity of appearance Gopher Frog(Rana areolata) The gopher frog could potentially occur within upland Pine Flatwoods (FLUCFCS Code 41 I9)habitat and Spoil Pile(FLUCFCS Code 743)habitat on the project site.It is typically only found in association with populations of gopher tortoise. Five active gopher tortoise burrows were found on-site. Eastern Indigo Snake(Drymarchon corals couperi) The Eastern Indigo snake could potentially occur within the native upland habitats on the project site. The Eastern Indigo snake is far ranging and may utilize activity areas of 125±to 250±acres or more(Moler 1992). The Eastern Indigo snake is typically found in association with populations of gopher tortoise.Five active gopher tortoise burrows were observed on the project site. 12 Southeastern American Kestrel (Falco sparverius Paulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the project site (FLUCFCS Codes 4119, 4159, and 6245); however, the project site is at the southernmost extreme of the known range for this subspecies. Since 1980,observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida(Rodgers et al. 1996). Bald Eagle(Haliaeetus leucocephalus) Potential nesting habitat for bald eagle may exist within the Pine Flatwoods(FLUCFCS Code 4119) habitat on the project site. Per Collier County environmental staff an eagle nest is located within a five mile radius of the project site;however,the project is beyond the 1,500 foot protection zone and therefore will not affect the nest. Red-cockaded Wood Decker_(Picoides borealis) Potential foraging habitat for red-cockaded woodpecker may exist within the pine habitats (FLUCFCS Codes 4119, 4159, and 6245) on the project site. A review of FWCC documented nest sites for known red-cockaded woodpecker colonies within the county shows the closest known red-cockaded woodpecker colonies documented approximately 2.5 miles from the project site. Big_Cypress Fox Squirrel (Sciurus nicer avicennia) Potential Big Cypress fox squirrel habitat exists within the upland pine habitats. Upland habitats on the project site have a dense understory of saw palmetto, which is considered undesirable as Big Cypress fox squirrel habitat. Florida Panther(Felis concolor coryi) The subject parcel does not occur within Priority 1 or 2 panther habitat according to a review of the Florida Panther Habitat Preservation Plan (Logan et al. 1993). Two radio-collar telemetry points from Florida panthers have been recorded approximately one mile from the project site. As previously described, a Specialty Farm (FLUCFCS Code 250) and a Tree Nursery(FLUCFCS Code 241)are the dominate land covers on the project site.These are not preferred habitats and are generally avoided by panthers(Maehr et al. 1991). In addition,the close proximity of neighboring development would deter any panthers from utilizing the site. No panthers or their sign (i.e., tracks, scat, etc.) were observed during the listed species surveys conducted on the property. Listed plant species that were not observed but that have the potential to occur on the project site are listed in Table 4. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. 13 • Table 4. Listed Plant Species That Could Potentially Occur on the Bristol Pines RPUD Designated • Habitat Scientific Name Common Name Status . (FLUC1lCS, '"FDS USFWS . Cotte) Cyrtopodium Cowhorn Orchid E - 6245 punctalum Deeringothamnus White-squirrel-banana; E E 4119 pulchellus Beautiful Pawpaw Lilium catesbaei Catesby's Lily T - 4159 1 Tillandsia fasciculata Stiff Leaved Wild Pine E - 6245 Tillandsia utriculata Giant Wild Pine; E _ 6245 Giant Air Plant Tillandsia pruinosa Fuzzy-wuzzy Air Plant E - 6245 Zamia floridana Florida Coontie C - 4119 Zephyranthes simpsonii Simpson's Zephyr Lily T - 4159 FDA-Florida Department of Agriculture USFWS—U.S.Fish and Wildlife Service E—Endangered C—Commercially Exploited T—Threatened C. Indicate how the project design minimizes impacts to species ofspecial status. Describe the measures that are proposed as mitigation for impacts to listed species. A total of five active and one inactive gopher tortoise burrows were identified on-site. A gopher tortoise incidental take application is currently under review by the FWCC and will be provided under separate cover prior to SDP approval. This incidental take permit is required to relocate the existing tortoise to an on-site retained native vegetation preserve area. The incidental take fee will also go towards the purchase of gopher tortoise habitat off-site. In addition,a Florida coontie was observed on-site.The Florida coontie was located in the Residential(FLUCFCS Code 110)habitat adjacent to the Spoil Pile(FLUCFCS Code 743) habitat. The Florida coontie will be relocated to an appropriate upland preserve. No other listed wildlife species were observed during the listed species survey. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. See above response. 14 E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. An incidental take permit (#COL-55) has been obtained from the FWCC to address the gopher tortoises and their habitat. A copy of the permit is provided as Exhibit O. To date, no correspondence has been received from the U.S. Fish and Wildlife Service (USFWS)regarding this project. 3.8.5.8 OTHER A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. B. Include the results of any environmental assessments and/or audits of the property. If applicable,provide a narrative of the cost and measures needed to clean up the site. A Phase I Environmental Site Assessment of Bristol Pines RPUD was conducted by Water Resource Solutions, Inc. The results of this study found no indicators of hazardous substance or petroleum product impacts. A copy of this report is enclosed as Exhibit P. The report mentions another report by Coastal Engineering conducted on the southeastern half of the property. The report by Coastal Engineering has not been located. C. For site located in the Big Cypress Area of Critical State Concern —Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. Not applicable. E. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. A soil sampling report performed by Water Resource Solutions is provided as Exhibit Q. F. Provide documentation for the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. 15 Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. Correspondence was received from the Florida Department of the State stating that no archaeological or historical sites are known to be present within the project area.A copy of this correspondence is included as Exhibit R. 16 REFERENCES Florida Department of Transportation. 1999. Florida Land Use,Cover and Forms Classification System. Procedure No. 550-010-001.a. Third Edition. Humphrey, S.R. 1992. Rare and Endangered Biota of Florida. Volume I. Mammals. University Press of Florida,Gainesville, Florida. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner,and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S.Fish and Wildlife Service; Gainesville,Florida. Maehr, D.S., E.D. Land, and J.C. Roof. 1991. Social ecology of Florida panthers. National Geographic Research and Exploration 7(4): 414-431. Moler,Paul E. 1992.Rare and Endangered Biota of Florida.Volume III.Amphibians and Reptiles. University Press of Florida, Gainesville,Florida. Rodgers,J.A.,Jr.,S.T.Schwikert,and A.Shapiro-Wenner. 1996.Nesting habitat of wood storks in north and central Florida,USA. Colonial Waterbirds 16:1-21 17 EXHIBIT A RESUMES MICHAEL A. MYERS Vice President,Passarella and Associates,Inc. Environmental consultant and ecological services for private and public development, and road projects. Services include state, federal, and local permitting; agency negotiations; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design, construction observations and monitoring. Education B.S. Wildlife Biology& Management, 1980 Michigan State University,East Lansing, Michigan Experience Ecologist III,Environmental Field Supervisor,Johnson Engineering,Inc.,Fort Myers, FL, September 1992-November 1996. Member of the firm's environmental section. Supervisor for ecological field studies, environmental planning, and regulatory agency coordination. Performed wetland jurisdictional determinations, protected species surveys, regulatory permitting, and wetland mitigation design and monitoring. Continuing Education • FGCU Plant Identification Course(2003) • Master Wildlifer Program(2003) • Gopher Tortoise Management and Mitigation Professional Training Program (2001) • Victor Carlise, Hydric Soils Seminar(2000) • Ted Below, Shorebird Seminar(1998) • Dr. David Hall, Grasses, Sedges and Rushes Plant Identification Workshop (1996) • Dr. David Hall, Sedges and Rushes Plant Identification Workshop(1995) • Dr. David Hall,Plant Identification Workshop(1993) • Native Plant Society Annual Conference(1993) • Florida Department of Environmental Protection Wetland Delineation Workshop(1993) • Dr. Victor Carlisle Hydric Soils Workshop(1993) • Florida Chamber's Environmental Permitting Short Course(1993) Professional Associations Florida Association of Environmental Professionals President of Southwest Florida Chapter(1996 - 1998) State Board of Directors(1996 to 1998) Local Board of Directors(1994 to 1998) Florida Native Plant Society Certifications Certified Wetland Delineator by the U.S. Army Corps of Engineers Certified to Perform Generic Gopher Tortoise Relocations by the Florida Fish and Wildlife Conservation Commission JULIE A. ARRISON Ecologist, Passarella and Associates, Inc. Provides ecological services for private and public development and road projects. Services include state, federal, and local wetland jurisdictionals; environmental construction inspections; environmental impact assessments; ecological assessments; listed species surveys; and wetland monitoring. Education Graduate School,Wildlife Range Management 1996 Montana State University, Bozeman, Montana Thesis: Elk browsing on sagebrush in the Northern Yellowstone Winter Range B.S. Wildlife Ecology, 1994 Major: Wildlife Ecology; Minor: Forestry and Zoology University of Florida, Gainesville, Florida Experience Environmental Technician, The Nature Conservancy, Disney Wilderness r1 Preserve, Kissimmee, Florida. May 1996—October 1996. Monitored biological aspects of wetland enhancement and creation on a mitigation bank site for the impacts created during development of several phases of the Walt Disney World property. Duties included field and laboratory identification of herbaceous species, quantitative analysis of canopy and sub-canopy species, statistical analysis of data, and the installation and maintenance of monitoring transects. Continuing Education • South Florida Water Management District Environmental Resource Permitting Workshop, SFWMD, Fort Myers, Florida. October 1999. • Grass Identification Workshop. Sarasota, Florida. October 1999. • Florida Association of Environmental Professionals, Southwest Chapter Hydric Soils Seminar. Fort Myers, Florida. April 2000. • 16th Annual Environmental Permitting Short Course. Orlando, Florida. February 2000. Professional Associations Florida Association of Environmental Professionals Society of Wetland Scientists American Water Resources Association EXHIBIT B AERIAL WITH FLUCFCS OVERLAY EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit B This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida it EXHIBIT C FLUCFCS MAP EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit C This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT D TOPOGRAPHIC LOCATION MAP EAC Meeting July 6 , 2005 '-Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit D This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida 1 EXHIBIT E SOILS MAP EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit E This map is too large to scan but, can be found at: Board' s Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT F CONCEPTUAL WATER MANAGEMENT PLAN r-� EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit F This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT G RPUD MASTER PLAN EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit G This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT H OFF-SITE INTERFACE EXHIBIT EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit H This map is too large to scan but, can be found at: Board's Minutes and Records Dept., , 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida i 1 EXHIBIT I PROJECT LOCATION WITH LAND USE DESIGNATIONS s 8 1 N -4 oi LLf n 123 i t5 £ O I. ,,..,.. � o 1:1111'.I'' fnZ w y \/ NO w wZ _�� O H um /\Z - = N ' w, F- 6 i il raInUZL, po w R _ _ �' - Ow m8' I o N rE' > > 8' (n =o E, z a C °u , Si E ¢ tt ¢ > > z Q r 000 a11.0i�c I J z � o U 1111 Cf.) W O n i��tttttt .. 8 E C.3 g 2 U . - --- p c 1 -- rte^^ o vJ (-) E III N U a a ' CZ 0 U o cow a lamiiiimpi. . ..., 4w ,. ,..i. ,:„ ., ,,„) g3 -LI ow 0 . v v v 0 0 0 N . r k! -ate , �Q Q S Y e 0 I1111 EXHIBIT J SITE PLAN EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit J This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT K NATIVE VEGETATION MAP r1; EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit K This map is too large to scan but, can be found at: Board's Minutes and Records Dept., 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT L SFWMD WETLAND JURISDICTIONAL SIGNOFF MAP prr ...Tmtx.. �.m,n,.-,.....,a ...mare ,fin ..:«,. #,,,ear,..+�gem•,k+am+��n++€TPpp'" '4400911 +,.,... wes7+R s C�f,.. <;nr ,or.,„sq✓$=t+ " 'k '� " tM .y ,�-La .F"Py"4j Sr 41 " r+ �h"� oZZ rn 10 0 -)$' rg KE c);' .. . - 1,,, „1/4:;:.7,., • • 7,1 H- ....... u' Yt „,:•,;•,,,,,,f,,,,t4,-1,..• ..,. ,-; , 4-7; '''; , .,,,,,:;,,...,,..,,..lii:„„i,„4.0,,,,,t.l. , .+� q a .�'0,4', i y {x� 9 � ', + ah , eX11 t....g \ .A$ '•ma; t e �a.:-'rs.r=_`ti'i:c .•� x».irS YACy wk AryX, a rytrr tt • f✓1 W W r,laa: b3 4DNC 4,,,- -0�Pp .Pr • Tn Q � � "fp a,.''am Dam , � "M7DK-0 f On� aZ rv a St-O ? w f sZuiroV{ q dan E� . 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L 1P 3 • v x t :ii!'''-':::,,,,'::4:','A,‘ 8 , m en m m � p yW M C4 XCs 3 • Iry." sk � C kf „,,,4,Via. qua , l°p '� V " ' 0..'''''.'„'4'....4'.....',..':',-.: i' �, 1 ) iC � r' frrµi. `o i' ti ! .p EXHIBIT M LISTED SPECIES SURVEY BRISTOL PINES RPUD LISTED SPECIES SURVEY Revised May 19, 2004 INTRODUCTION This report outlines the listed species survey conducted by Passarella and Associates, Inc. for the 42.61±acre Bristol Pines RPUD. The purpose of the survey was to review the project area for listed flora and fauna species. The review included a literature search of listed species within the project's geographical area and on-site field surveys conducted on September 11, 2003. Additional observations were made on December 24, 2002 and July 26, 2003. The project is located in Section 35, Township 48 South, Range 26 East, Collier County. More specifically, the parcel is found at the southeast corner of Collier Boulevard (C.R. 951) and Tree Farm Road,across from the Golden Gate Nursery. The existing land use of the site is a combination of residential; tree nursery; specialty farm; spoil pile; and undeveloped, disturbed forested lands. The project's surrounding land uses are a combination of roads; undeveloped, forested land; residential developments; and a nursery. The surrounding land uses include Tree Farm Road and forested land to the north;partially cleared forested land,a road,and single-family residences to the east; agricultural lands, disturbed, forested lands, and a multi-family residential community to the south; and Collier Boulevard and the Golden Gate Nursery to the west. METHODOLOGY AND DISCUSSION A listed plant and wildlife species survey was conducted on-site. Field surveys were conducted on September 11,2003,with additional observations made on December 24,2002 and July 26,2003 to determine whether the project was being utilized by state or federal listed species. The listed wildlife species survey included, but was not limited to, Florida scrub jay(Aphelocoma coerulescens),red- cockaded woodpecker(Picoides borealis)(RCW),Southeastern American kestrel(Falco sparverius paulus),bald eagle(Haliaeetus leucocephalus),wood stork(Mycteria americana),Big Cypress fox squirrel(Sciurus niger avicennia),Florida black bear(Ursus americanus floridanus),Florida panther (Felis concolor coryi),and gopher tortoise(Gopherus polyphemus); and their commensals, such as the Eastern Indigo snake(Drymarchon corais couperi)and gopher frog(Rana areolata). The listed plant species survey included species typical to forested upland and wetland habitats in this geographical region,as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The survey was conducted by qualified ecologists walking meandering transects through all suitable habitat within the project area. Transects were spaced 15 to 25 feet apart depending on habitat and M-1 visibility due to the density of the vegetation. Habitats were inspected for listed plant and wildlife species. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The listed species review also included a literature search of available information on listed species in the project's geographical region. The literature sources reviewed included Florida's Endangered Species, Threatened Species and Species of Special Concern, Official Lists (FGFWFC 1997); the Collier County 1999 Bald Eagle Location Maps; Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); Status and Distribution of the Florida Scrub Jay (Cox 1987); and the Florida Panther Habitat Preservation Plan (HPP) (Logan et al. 1993). SURVEY RESULTS During the listed species field surveys, five active and one inactive gopher tortoise burrows were identified on-site. Gopher tortoise burrows were located in the Spoil Pile (FLUCFCS Code 743) land use area (Appendix A). This habitat is located towards the southwest side of the single- family tract and in the Residential (FLUCFCS Code 110) habitat. A gopher tortoise incidental take permit application will be provided under separate cover prior to the Site Development Plan approval. In addition, a Florida coontie (Zamia floridana) was observed on-site. The Florida coontie was located in the Residential (FLUCFCS Code 110) habitat adjacent to the Spoil Pile habitat. The Florida coontie will be relocated to an appropriate upland preserve. No other listed species were observed through out the survey. The results of the literature search found no recorded occurrences of RCW cavity trees within the site's general vicinity (i.e., three mile radius). Per Collier County environmental staff, an eagle nest is located within a five mile radius of this site; however, the project is located beyond the 1,500 feet protection zone for the nest and therefore should not affect the future nesting eagles. The site is not located within Florida panther Priority 1 or Priority 2 habitat according to the HPP. The Florida Fish and Wildlife Conservation Commission data base also recorded no panther or black bear telemetry points within the parcel's boundaries. C M-2 REFERENCES Collier County Community Development Division. 1999. Bald Eagle Location Maps for Collier County. Cox, J.D. Inkley and R. Kantz. 1987. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus). Populations found on State Lands Slated for Large Scale Development in Florida. 69 pp. Florida Game and Fresh Water Fish Commission. 1997. Florida's Endangered Species,Threatened Species and Species of Special Concern. Official Lists, Bureau of Non-Game Wildlife, Division of Wildlife. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S.Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. M-3 Al/1 iii �� ' , - - Iilli, ,_ f, P '--f- ^ ma y • •'4,., ry, t c(. �f tiz . f .,.IP e:c4H.:t.,,,,,'''•••:: ', ,: 1--+ _�. A.4...,'„,.. ,....... , '''.. A., ' i... '',.:i i . ' , _mo p cam zz �`Kg X Cf) 2 D ' ie z m Z --I <o P -;°' t:".. <. .`� .v " '. t t 11 ) • * 401 •t- .4,s° `tit{F. lifr ... . o T Z o o 0 - .-.. .. 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"•.,r ff ^.1 EXHIBIT N LISTED SPECIES LOCATION MAP EAC Meeting July 6 , 2005 Bristol Pines RPUD Aerial w/FLUCFCS Overlay PUDZ-PL20040006084 Exhibit N This map is too large to scan but, can be found at: Board's Minutes and Records Dept., Floor, Building F 3299 Tamiami Trail East Naples, Florida EXHIBIT 0 GOPHER TORTOISE INCIDENTAL TAKE PERMIT oetAzuerso FLORIDA FISH AND i ILDLIFE CONSERVE ION COMMISSION �FO °=1.14, RODNEY BARRETO SANDRA T.KAUPE H.A.'HERKY"HUFFMAN DAVID K MEEHAN Miami Palm Beach Enterprise St.Petersburg KATHY BARCO RICHARD A.CORBETT BRIAN S.YABLONSKI Jacksonville Tampa Tallahassee KENNETH D.HADDAD,Executive Director MARY ANN POOLE,DIRECTOR VICTOR J.HELLER,Assistant Executive Director OFFICE OF POLICY AND STAKEHOLDER COORDINATION (850)488-6661 TDD(850)488-9542 April 14,2005 FAX(850)922-5679 Mr. Richard Davenport Waterways Development, Inc. 11860 W. State Road 84, Suite B-15 Davie, Florida 33325 Re: Gopher Tortoise Incidental Take Permit #COL-55, Collier County Dear Mr. Davenport: Enclosed is permit#COL-55 for the incidental taking of gopher tortoises, their eggs and their burrows within the development boundaries specified. The application for this permit was complete as of April 14, 2005. Please contact Mr. Bill Smith at(941) 721-2068,Extension 210, or Mr. Rick McCann at (850) 488-6661 if you have any questions regarding this permit. Sincerely, AeL,u,,r 47444. /eh Mary Ann Poole,Director Office of Policy Stakeholder Coordination map/js ENV 3-2/5 Enclosure cc: Mr. Michael A. Myers, Passarella and Associates,Inc. Collier County Planning Department Mr. Ricardo Zambrano, Division of Wildlife, South Region, FWC Major Brett Norton, South Region,FWC Mr. William Smith, FWC Ms. Angela Williams, DHSC, FWC : , I /ED APP 2 1.0(. c 620 South Meridian Street •Tallahassee •FL•32399.1600 Visit MyFWC.com PERMIT FOR TAKING OF GOPHER TORTOISES AND THEIR BURROWS Chapter 68A-27.005(1)(a)F.A.C. STATE OF FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Issuance Date: April 14, 2005 Permittee: Waterways Development, Inc. Permittee Address: 11860 W. State Road 84, Suite B-15 Davie, Florida 33325 Attn: Mr. Richard Davenport Consultant: Mr. Michael A. Myers Consultant Address: Passarella and Associates,Inc. 9110 College Pointe Court Fort Myers,Florida 33919 /'" Permit Number: COL-55 Location of Affected Site: 21.77 acres of the 22.77-acre Bristol Pines site, including 2.48 acres of gopher tortoise habitat, situated east of State Road 951(Collier Boulevard)and south of Tree Farm Road, in the NW 1/4 of Section 35,Township 48S, Range 26E, in Collier County(see attachments 1 and 2). A 1.0-acre preservation area,including 0.62 acres of gopher tortoise habitat,is not included within the permitted area. Permitted Action: The permittee or its agents are authorized to take gopher tortoises, their eggs and their burrows within its development boundaries where such taking is incidental to development activities. The criteria of Rule 68A-27.005(1)(a)F.A.C. have been satisfied and the taking, as conditioned below,will not be detrimental to the survival potential of the species. Provisions/Conditions: 1. The permittee shall contribute to the acquisition of 0.48 acres of tortoise habitat by paying $3,526.58 ($7,347.00 X 0.48 acres)to the FWC-Land Acquisition Trust Fund, Southwest Florida account. Payment shall be sent to the Florida Fish and Wildlife Conservation Commission,P.O.Box 6150,Tallahassee,Florida 32314-6150. 2. This permit will not go into effect until the permittee has obtained a receipt from the FWC for the mitigation funds specified under condition#1. As described in the permit Notice of Rights Statement, issuance of this permit may be appealed by a concerned party within 21 days of the permittee's receipt of this notice. If a Petition for Administrative Hearing is timely filed within this prescribed time period,the permittee will be notified by the FWC. Upon such notification, the permittee shall cease all work authorized by this permit until the petition is resolved. Waterways Development,Inc. Gopher Tortoise Incidental Take Permit#COL-55 April 14,2005 Page 2 3. Receipt of payment must occur in a timely manner so that regional habitat conservation areas can be purchased. This payment shall be made within 6 months from the date of this notice. If the payment is not received within the specified time period,this permit is subject to being voided. 4. This permit does not relieve the permittee from any other"taking" requirements by the U.S. Fish and Wildlife Service(USFWS)or the FWC as to other listed species. Specifically,this permit does not authorize any destruction of scrub jays or scrub jay habitat. Consultation with the USFWS should be sought if this species is present. 5. The permittee or its approved agents are authorized to move tortoises, at their discretion,within the property boundaries to minimize taking. This permit does not authorize the permittee or its agents to possess or move tortoises off the contiguous ownership of the permittee nor to move tortoises into areas previously authorized as a relocation site by a FWC permit. A separate relocation permit from the FWC shall be required for those activities. 6. This permit does not authorize any taking of gopher tortoises beyond that which is a direct result of development activities or the on-site movement of animals addressed in Condition#5. Any other form of taking or relocation will require a separate permit from the Executive Director. 7. Either this original permit or a complete copy, including all applicable receipts,must be clearly posted at the affected site at all times while engaged in the permitted activities. 8. This permit is transferable to subsequent owners of the property. Notice of Rights Statement: In accordance with Rules 28-5.111 and 28-6.008,F.A.C., and Section 120.60, F.S., any party may request a hearing on this matter pursuant to Section 120.57,F.S.,by filing a completed Elections of Rights form(copy attached)by certified mail,return receipt requested,with the undersigned within twenty-one(21) days of receipt of this notice. If timely requested and a hearing is granted,the hearing will be conducted under the procedures established by Section 120.57, F.S. A party will be given the opportunity to be represented by counsel or other qualified representative,to take testimony, to call and cross-examine witnesses, and to have subpoenas issued on your behalf. Kenneth D. Haddad Executive Director By: . Paz_ Attachments: 1. Location map 2. Project boundaries map 3. Elections of Rights form KDH/W[2S ENV 3-2/5 C:\correspondence\col-55.doc i 1 1,,. aX11 '�►�* Ire .calm 10-"" ,........ i_ 1 r..wan � enaw ra Aill r�1k. I:WM �.ere rrueia iniTIIIM iiel .1' a . 1 1rr MIMOSA os ipri �.e ,-&-- N , W4111,... E COLUER COUNTY S --� IMMOKA --,RD ---7k. i ' 1 __ m Cii 1 �- w cc f �. --- -- IL_________ ___ cc a I I---1 T-_�._ w WRQ .. f ... - : - -- ! IPROJECT LOCATION -� j _ '"�,�SEC 35, TWP 48 S,RGE 26 E r ----i _._I VANDERBILT BEACH RD EXT. _` - , i , U 2 _ s g ____ i _______ GOLDEN GATE BLVD 1.__ E ` I I S ______J____ E 03 a m- ------ l ' 1 i --I ---1-'-- • � — t , -I- 1 PINE RIDGE RD I y 11-i--r I j 1 PASSARELLA and ASSOCIATES. INC. e FIGURE 1. PROJECT LOCATION MAP Consulting Ecologists BRISTOL PINES RPUD DRAWN BY: W.C. DATE: 9/30/03 I in In, I , -I or 0 '- 0 a • 54- 0........ =; 41 a) •> r._.•La N ',C•<4 cr, a/ LU LU cn > re ci) 0 « c4 < c 1-111 co a. o ••• (f) a, a. -J . 0 eg a_ hrj gE.-, j ,-. . LI m FF.E1 0.2 En -ow•-.rgraiyi kftts••••s••al••oil••J R;,i i-F I ,••.•w..a....,.1 z-,,,,.- 1 0 I.4 0 1•••••••••••••••••••17 I a. • 141,,,10,0,;a1 1! 10,,, ki'••=04115111 !--t-h1-4 ,...z.„.„,. ggp... 4i&N Nok,NXNN.1,..-4 .ii _ E 241k ',1 klo...-v..,, ,, 4.-11kkg`IN,* 47.,..S -.,A-k.,1%•,7 vv-VAN \ - ,.,,,,, • i - , ________, r--,, , , ‘ 11 a 1 1-1ffilf ( ,111111- ! . IN 1 - [ 7' ' -all ! '•,__, I :WI- 1 p t, L, ii , E _....i,1 1 1 1 i p !zi irf_t, - 1 ...,_. 1 F1 , 1 , 1 , ,....._ I --X 4 mii D 1-14----_ L • AT 0 , ° ilWr I :rr----C- lik D E impl 1 i ix u., r 1 1- 1r-I -___ . ----- VA 1,22-f: ________ _. _ ________.=.,• L_- ----- ... P w> V1:11 K1 12F5 •C La rr re i 2141 M- 8.41 a V.4 S-I t4 ET.33 L..1 . -(196 •w ) aaviuinoe 83moo- no-4 \' rel d . < , t-- , w 0 ce 0 CC La 2 0-C, 0 D 0 Ci- CC 0 Lf, Z w <I Z z E ...- -1 ix o I-- 41 1/1 1--Et- CA CO T4 (2) ,4i• CC D VI CT. 04/21/2005 09:39 85092251 FWC OES PAGE 02/02 FLORIDA FISH AND WILDLIFE CONSERVATIbN COMMISSION DAVID K.MEEHAN SANDRA T.KA1J1'E H.A."HERRN"}TUVFMAN S .K. ,.. RODNEY BAR1tFT0 Palm Beach EnterpriM Miami BRIANmburg S XpgLON9K1 KATHY BARCO RICHARD A.CORBETT Tsllahwttic' w. Tampa Jack,,,,ntrillo 0, A. Executive tMARY ANN POOLS.DIRECTOR K V1CTORJ,FSLLFL AaaitIAnt Executive Director OrOF POLICY AND STAKEHOLDER COORDINATION 6019TDD 1 A FAX(.RO)922.5679 GOPHER TORTOISE TAKE PERMIT RECEIPT Chapter 68A-27.005(1)(a), F.A.C. PERMIT NUMBER: COL-55 PERMITTEE: Waterways Develo men- Inc. r-• AMOUNT: $3,526 DATE: ApZ005 THIS RECEIPT ACKNOWLEDGES THAT THEMONETARY CONSIDERATION SPECIFIED IN THE ABOVE-REFERENCED PERMIT HAS BEEN MET. • 111111 . + !' i 3AN STEARNS (Staff Assistant) OR TRACI WALLACE ,,.,, (Administrative Assistant) cc: 010 South Meridaofl Siredµ'tsi1 Coo+ee •Pl,•32?rq-)600 EXHIBIT P PHASE I ENVIRONMENTAL SITE ASSESSMENT 1 Water Resource Solutions I .-28 Pine Island Road SW • Cape Coral,Florida 33991 239 574-1919 Fax:239 574-8106 1 January 13, 2003 Waterways Joint Venture IV ATTN: Mr. Richard Davenport 1 11860 West State Road 84 - Suite B15 Davie, Florida 33325 Subject: 43 Acres at C.R. 951 and Tree Farm Road Collier County, Florida Water Resource Solutions Project#01-04444.E1 1 Dear Mr. Davenport: In accordance with our agreement dated December 11, 2002, Water Resource Solutions, Inc. has performed a Phase I Environmental Site Assessment (ESA) on the subject site. The subject site is located at the southeast corner of the County Road 951 and Tree Farm Road intersection in Collier County. The site is divided into three parcels of different ownership. n The northwestern 18 acre parcel was most recently occupied by the Oakes Nursery. The middle 5 acre parcel is occupied by the Warren residence. The southeastern 20 acre parcel is occupied by the Fitzek Nursery and residence. Observations noted during the off-site survey indicated that properties adjacent to the site were undeveloped forest land, residential properties, the Vanderbilt Country Club, the Green Heron Nursery, and the Golden Gate Nursery. Water Resource Solutions did not observe on-site or off-site indicators of hazardous substance or petroleum product impacts during the site inspection. Please call me at (239) 574-1919 Ext. 106 if you have any questions. Si rely, Donald W. Mayne, CFEA Project Manager Environmental Site Assessments J04444CR951-TREEFARM Water Resource Solutions.Inc. I • TABLE OF CONTENTS ,--.... 1.0 SUMMARY 1 2.0 INTRODUCTION 2 2.1 Purpose 2 2.2 Special Terms and Conditions 3 2.3 Limitations and Exceptions of • Assessment 3 2.4 Limiting Conditions and Methodology 3 i 3.0 SITE DESCRIPTION 4 3.1 Location and Legal Description 4 I 3.2 Site and Vicinity Characteristics 4 1 3.3 Descriptions of Structures, Roads, and Other Improvements to Site 4 I 3.4 Information Reported by User 6 3.5 Current Uses of the Property 6 3.6 Past Uses of the Property 6 I 4.0 3.7 Uses of Adjoining Properties 6 ENVIRONMENTAL RECORDS REVIEW 8 4.1 Standard Environmental Record I Sources and Review 8 4.2 Physical Setting Sources 9 4.3 Historical Use Information 11 J /--` 5.0 INFORMATION FROM SITE RECONNAISSANCE 12 5.1 Hazardous Substances in Connection with Identified Uses . . . 12 5.2 Hazardous Substance Containers and Unidentified 1 Substance Containers 12 5.3 Storage Tanks 12 5.4 Indications of Polychlorinated Biphenyls (PCBs) 12 1 5.5 Indications of Waste Disposal 13 5.6 Physical Setting Analysis 13 5.7 Other Conditions of Concern 13 1 6.0 FINDINGS AND CONCLUSIONS 14 7.0 REFERENCES 15 8.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONAL 16 APPENDICES A. Photographs 1 B. Parcel Sketch C. Regulatory Agency Search Report D. Resumes of Participating Professionals U,--, 04444CR951-TREEFARM Water Resource Solulians.Inc ] ] ■ e .. J 1.0 SUMMARY The subject site is located approximately 1 mile south of Immokalee Road at the southeast 1 corner of the C.R. 951/Tree Farm Road intersection in Collier County. The site is divided into three parcels of different ownership. The northwestern parcel is an abandoned nursery. The Jmiddle parcel is occupied by a residence. The southeastern parcel is a residence and nursery. A previous Phase I and II ESA was conducted on the southeastern parcel in December, 2002. According to Mr. Ken Fitzek, Vanderbilt Country Club hired Coastal Engineering to perform a 1 Phase I Environmental Site Assessment on this property. Additional Phase II activities were conducted on,the site to assess the extent of soil contamination from a former waste oil tank 1 The Phase II investigation did not reveal soil impacts below approximatey 6 inches of soil. That .1 report was not available for review prior to this report preparation. 3 A review of government agency listings indicated no uses on the site or adjacent properties that Iused, stored, or generated hazardous substances or petroleum products. Observations noted during the off-site survey indicated that properties adjacent to the site were undeveloped forest and the Green Heron Nursery (north), residential properties (east), the Vanderbilt Country Club and residential properties (south), and the Golden Gate Nursery (west). a a OI444CR951-TREEFARM 1 Water Resource Solutions,Inc 2.0 INTRODUCTION This report presents the results of a Phase I Environmental Site Assessment (ESA) of the subject site, performed for Waterways Joint Venture IV (the client) during the period of December 13, 2002 through January 10, 2003. The services performed included limited historical research, a review of specified listings, and a site reconnaissance. Photographs taken during the site reconnaissance and referenced throughout this report are provided in Appendix A. 2.1 Purpose The purpose of the ESA is to estimate the potential, as of the latest site visit and records review, for hazardous substances and petroleum products to exist at the site at levels likely to warrant mitigation pursuant to current local, state, and federal regulations. Estimates and professional opinions of this potential are based upon information derived from the site n reconnaissance and from other activities described herein. The most recent site reconnaissance was performed on January 9, 2003. The client is advised that the conditions observed by Water Resource Solutions are subject to change. The client is the only intended beneficiary of this report because the client is the only party which has been involved in the shaping of the scope of services needed to satisfactorily manage those risks from the client's point of view. With the consent of the client, Water Resource Solutions is available to work with other parties in developing probability estimates given other parties' unique risk management concerns. The scope of work was determined based on the services agreed to by the client at the time the project was initiated. The guidelines used to define"hazardous substances"and"petroleum products"were obtained from the American Society for Testing and Materials (ASTM) Standard of Practice E 1527. For the purposes of this report, the "vicinity" of the site is defined as properties located within an approximate one quarter-mile radius of the site. 04440CR951.TREEFARM 2 Water Resource Sauoons.Mc 2.2 Special Terms and Conditions The client has requested that an ESA be performed prior to the transaction of the subject property. 2.3 Limitations and Exceptions of Assessment This ESA does not include a radon survey, Chain-of-Title review, a wetlands delineation, or a lead paint survey. This ESA report is based on information obtained from a variety of usually reliable sources enumerated herein. Water Resource Solutions cannot and does not guarantee the authenticity or reliability of the information it has received from outside sources. This report is not a comprehensive site characterization and should not be construed as such. This report presents opinions which are based on the findings of observable on-site and off-site conditions, a review of specified regulatory records and historical sources, and comments r`nade by interviewees. ESA's, by their nature, are limited. Water Resource Solutions has endeavored to meet the applicable standard of care and, in so doing, is advising the client of ESA limitations. Water Resource Solutions believes this information is essential to help the client identify and manage risks. These risks can be reduced but cannot be completely eliminated through additional research. Water Resource Solutions will, on request, advise the client of the additional research opportunities available, their impact on risk, and their cost. 2.4 Limiting Conditions and Methodology The site was driven, walked, and visually observed. 04444CR951-1REEFARM 3 Water Resource Sanibel*.Inc. l 3.0 SITE DESCRIPTION 3.1 Location and Legal Description The site location is illustrated on the Site Vicinity Map presented as Figure 1 on the following page. A parcel sketch is provided in Appendix B. l 3.2 Site and Vicinity Characteristics The site is located in a rural area being rapidly developed with residential communities. Structural developments within the vicinity of the site are limited to single family and multi-family residences, a trucking facility, the Green Heron Nursery, and the Golden Gate Nursery. 3.3 Description of Structures, Roads, and Other Improvements to Site ,-, The northwestern 18 acre parcel was formerly occupied by Oakes Organic Farms. A retail Jsales facility with a walk-in refrigerated area remains in the north central portion of this site (Photo 1). The southern portion of this building is occupied by two bedrooms and a common area for residential living. A single family residence is in the south central portion of this parcel (Photo 2). The central parcel is an approximate 5 acre lot owned by Mr. and Mrs. Warren. A single family residence is located in the central portion of this (Photo arcel3). P The southeastern 20 acre parcel is owned by Mr. and Mrs. Fitzek. Mr. Fitzek maintained a nursery on the western 10 acres of this parcel. A small building and storage trailer are in the southeast portion of this parcel. No chemicals were observed in this area. The eastern half of the Fitzek parcel is occupied by two single family residences and Mr. Fitzeks workshop. The workshop was used by Mr. Fitzek during the 1980's and 1990's when he was in site work contracting. Mr. Fitzek currently conducts farm contract work spreading 1 4 01444CR951-TREEFARM Water Resource Solutions,Inc S J 1 4 _ —! ~tel. � ' 4�� 22 1 _... y _ err It a 1 J r , v� .A� �: � '....1!...c:Vis; ] t ••••• ' ,‘• 6.. % `M...L . h'- •y ."'",••`4 r-:r �r,�1d 4.,.`14---'r .� ,''t'--,-:-_L,--.--F.---- sus}.--4.-r- F-+ -3 isd':� —e [ tr-:-;,.1 1 1 . .t."--"-.,-' t'^?tiJk a c r 4. �' ] i .. .... ....... 1 _ 4. . 4, t ' ; ` w I 14. i , ./.„t. Q.....,. Jr I i • I ` ( 27 ,'"'x-T _ .,..... I _ 5 .s �_ i = s. i .. 11 1 .....j . .....__ ___ 1 „,, , 1 • .... ....__ r. - ...-.- , .... --. a '''. . ..- ,'..„ .1 - ...-''' .. ,, i1 _s Y rr _ • . ,. y 111 .� . i - eATE slummy - .- .�. l ,. -.. ' s .fes K 44 \ .-.....ft .. P'.\ �_. -- ---.: VOIOH6.TCO1rnTtlYCLUB i h. .-_�.'... r— . t ) 1 1 II _4_ .„ yi-- ] i I 11 I i . •i -, - ��.r. E • • I 3 I• • • . . 2 ' I , - • - —1 i J . . . • • iDT.p.Q..I.C.y k_...____.._______ _____.„..__3 _"...____ ..._ ,... •I5MDammaYarm.ri.faS 94 Immo Dada USGS fires I,25.MiDd.ibii,DanawGST4 1 r'-'\ (��/�t/�p ■ N PROJECT NAME:43 ACRES AT 951/TREE FARM RO/DWG.NUMBER. Water Resource Solutions�D/�S PROJECT NUMBER. 01-04444 El DATE: 1/9/02 iFigure 1. Site Vicinity Map i 1 compounds like dolomite and gypsum on farm fields. The shop is used to house and maintain equipment used in these operations (Photo 4). Equipment parts are cleaned with a self contained solvent basin serviced by Safety Kleen. A restroom at the shop discharges wastewater in a septic tank which once serviced a mobile home occupied by the Fitzeks in the late 1970's. A hand washing sink in the shop discharges wastewater onto the ground outside the shop. No stains were observed at this drain discharge point. Waste oil collected from heavy equipment was discharged into a 500 gallon waste oil jaboveground storage tank stored on concrete under a shelter. Stains from this area had penetrated the soil in an approximate 6 foot by 3 foot area (Photo 5). Phase II investigations conducted by coastal Engineering indicated the stains did not penetrate more than 6 inches of soil in this area. 3.4 Information Reported by User Mr. Ken Fitzek and Mr. Warren were interviewed during the site inspection. According to Mr. Warren, their 5 acre parcel has only been used as a residence since they built thier residence in the late 1970's. According to Mr. Fitzek, he purchased his 20 acre parcel from the Warrens in the late 1970's. Mr. Warren lived in a mobile home near the shop until the first residence was constructed in 1982. Mr. Fitzek began planting trees on the western half of his property in the late 1980's. The eastern residence was constructed on the eastern portion of his property in the early 1990's. According to Mr. Fitzek, the northwest portion of the site was occupied by Oakes Organic Farm from about 1992 to 2001. This nursery grew produce without using herbicides or pesticides. A nursery briefly occupied the site prior to 1992. This parcel was also occupied by the Ferry Morris Seed Company during the middle and late 1980's. The site was developed into a nursery by the Civitela Nursery in the middle to late 1970's. 6 OIIIICR951•TREEFARM WaterSolutions Inc Resource Sd 1 1 3.5 Current Uses of the Property The northwest portion of the site was being cleared of vegetation during the site inspection. on. The nursery items were being removed from the site during a January 3, 2003 site inspection 1 (Photo 6). Mr. Fetzer utilizes the western portion of his property as a tree farm. The central portion of this property is his residence. The northwest portion of this property is occupied by Mr. Fetzer's canopy shop. This shop contains tools and equipment used in site work contracting. 3.6 Past Uses of the Property Information obtained from the historical aerial photograph review suggests that the nursery 1 began operation on the site prior to 1981. The single family residence on the Oakes Nursery property was developed in the middle 1980's. The Warren residence was constructed in the ' late 1970's. Mr. Fetzek's shop was constructed in about 1980 which was followed by his residence in 1982. The additional Fetzek residence was constructed in about 1990. 3.7 Uses of Adjoining Properties Tree Farm Road and undeveloped land are north of the western portion of the site (Photo 7). Undeveloped land and the Green Heron Nursery are north of the eastern portion of the site (Photo 8). Single family residences are west of the site. The Vanderbilt Country Club is south of the eastern portion of the site. A residence and undeveloped land are south of the western portion of the site. A canal and C.R. 951 border the site to the west. The Golden Gate Nursery and a trucking facility are west of C.R. 951 (Photo 9). 1 l � I 0III4CR951•TREEFARM 7 water Resource Solutions.Inc. l 1 1 4.0 ENVIRONMENTAL RECORDS REVIEW 4.1 Standard Environmental Record Sources and Review I'I Environmental Data Management, Inc. (EDM) was contracted by WRS to provide a tabulation lof facilities that are listed on environmental government databases within the ASTM search distance criteria. These governmental databases contain information pertaining to potential 1 and documented environmental impacts at each facility. A listing of the database files queried by EDM is as follows: • Federal Information • National Priorities List (NPL) J • Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) list • Resource Conservation and Recovery Information System - Treatment, Storage, and Disposal Facilities (RCRIS-TSD) • Corrective Action Report (CORRACTS) • Emergency Response Notification System (ERNS) • No Further Remedial Action Planned list (NFRAP) • Facility Index System (FINDS) • Toxic Chemical Release Inventory System (TRIS) State Information • Florida State Funded Action Sites (SFAS) J • Florida Sites List (SITES) • Solid Waste Facilities (SLDWST) list • Petroleum Contamination-Tracking System Report (PCTS) • Stationary Tanks Inventory System List (TANKS) 1 A summary of the listings queried by EDM, the corresponding ASTM minimum search distances for each respective listing, and the date of the last government version of each listing is provided in the EDM report in Appendix C. Upon receipt and review of the database information, Water Resource Solutions identified no facilities listed within the ASTM minimum search distance criteria. 3 04444CR951-TREEFARM 8 Water Resource Solutions,Inc. l 1 4.2 Physical Setting Sources 4.2.1 Review of Topographic Maps The 1958-Photorevised 1973 United States Geological Survey 7.5 minute series topographic map for the Corkscrew, S.W., Florida quadrangle was reviewed to provide information regarding the topography of the site. A review of this map indicates that the site is situated at an elevation of between 10 feet and 15 feet above National Geodetic Vertical Datum. I 4.2.2 Review of Site Geology Reports L According to the United States Department of Agriculture Soil Survey of Collier County, 1990, the soil on site is primarily composed of Holopaw fine sand. Limestone substratum. These soils are a nearly level, poorly drained soils found in sloughs and flatwood areas. This unit consists of dark gray, light gray, and dark grayish brown fine sands to a depth of approximately 62 inches. This sand is underlain by a limestone bedrock. According to the Geologic Map of Florida by Dr. H.K. Brooks, 2001, the Fort Thompson Group occurs within the shallow subsurface of the site. The Fort Thompson Group may be characterized as clastic(sands, silts, and clays) and shell deposits associated with Pleistocene J (2.8 million to 10,000 years ago) stands of sea level. 4.2.3 Review of Groundwater Reports According to the Preliminary Assessment of the Ground-Water Resources of Collier County (SFWMD, 1986), the regional groundwater flow in the water-table aquifer is towards the southwest. The site-specific groundwater flow has not been determined. J 9 04444CR951-TREEFARM Water Resource Solutions,Inc 4.2.4 Review of Aerial Photographs Historical aerial photographs were viewed at the Collier County Property Appraiser's Office for information about the history of development on the assessment site and adjacent properties. 1 Aerial review of the site was limited to 1981, 1985, 1989, and 1993. The 1962 aerial was viewed at the Collier County Soil Conservation District Office. The 1973 aerials, previously located in the Collier County DOT office, were recently transported to the property appraisers office in an unorganized fashion and not available for review. The date and scale of each available photograph and the observations noted during the review are summarized below: • 1962 Aerial Photograph - 1 inch = 1.300 feet The site and adjacent properties are undeveloped. C.R. 951 is present west of the site. • 1981 Aerial Photograph - 1 inch = 200 feet Two buildings are present in the north central portion of the northwest parcel. The buildings appear to have recently been constructed. The north half of this parcel has been cleared. The south half is forested with the exception of a round lake in the south central portion. The Warren residence is present in the central parcel. A mobile home and shed are present in the eastern portion of the eastern parcel where the Fitzek shop is currently located. The Golden Gate Nursery and trucking facility are west of C.R. 951. Undeveloped land is north of the site. Residences are south and east of the assessment site. • 1985 Aerial Photograph - 1 inch = 200 feet The single family residence is present in the southern portion of the northwest parcel. The Fitzek residence is present. Th Fitzek shop is present. The remainder of the assessment site and adjacent properties remain unchanged. • 1989 Aerial Photograph - 1 inch = 200 feet A mobile home is present west of the nursery building on the northwest parcel. Mr. Fetzek's nursery is present in the western portion of his property. The remainder of the assessment site and adjacent properties remain unchanged. 1 0 04444CR951-TREEFARM Water Resource Solutions,Inc. ! • 1993 Aerial Photograph - 1 inch = 200 feet The eastern Fitzek residence is present. The remainder of the assessment site and adjacent properties remain unchanged. • 1996 Aerial Photograph - 1 inch = 200 feet The assessment site and adjacent properties to the east, west, and south remain unchanged. The Green Heron Nursery is present north of the Fitzek residence. 4.2.5 Review of Sanborn Fire Insurance Maps Sanborn Fire Insurance Maps were not prepared for this portion of Collier County. Sanborn maps were usually generated for urban core areas developed prior to 1950. 4.2.6 Review of Chain-of-Title r� A Chain-of-Title review was not conducted as part of this investigation. 4.2.7 Review of City Directories The R.L. Polk City Directories were reviewed at the Collier County Public Library for information about the past tenants of the site. The 2000 Polk directory revealed that Oakes Farms occupied the site. Tree Farm Road was not listed in the Polk directories earlier than 2000. • Tree Farm Road was not listed in the Hill Donnelly Cross Reference Directory either. • 4.3 Historical Use Information According to the site history investigation, the site remained undeveloped with no evidence of past use until the Civetella Nursery, Warren residence, and Fitzek residences were developed in the late 1970's. 04444CR951-TREEFARM 11 Water Resource Solutions,Inc. I 5.0 INFORMATION FROM SITE RECONNAISSANCE 1 5.1 Hazardous Substances in Connection with Identified Uses The use of hazardous substances pursuant to CERCLA 42 USC § 9601 (14) in connection with current activities at the site was not observed on site. I 5.2 Hazardous Substance Containers and Unidentified Substance Containers I No hazardous substance containers containers were observed on the assessment site. Four empty 55-gallon drums were identified at Mr. Fetzek's shop. According to Mr. Fetzek, these drums contained various amounts of waste oil and fuel which were recently pumped out by HOWCO Environmental Services at the request of Coastal Environmental. 1 5.3 Storage Tanks No underground or aboveground fuel storage tanks were observed on site. Two 1,000 gallon diesel aboveground storage tanks were formerly used at the site. The tanks were in concrete 1 containment south of the Fetzek shop (Photo 10). Mr. Fetzek used these two tanks from the early 1980's until tank regulations came into effect in 1989. Mr. Fetzek utilized a 500 gallon waste oil tank which was on sheltered concrete until December, 2002. This tank was recently removed from the site. 5.4 Indications of Polychlorinated Biphenyls (PCBs) No transformers or other equipment containing dielectric fluids were observed on site. l l 04444CR951-TREEFARM 12 Water Resource Solutions.Inc. I I ' 5.5 Indications of Waste Disposal Solid wastes generated at the residences are deposited into trash cans for curbside pickup by Waste Management. Nursery debris scattered throughout the northwest portion of the site was 1 being deposited into a roll-off dumpster for off-site disposal. 1 5.6 Physical Setting Analysis Groundwater in the water-table aquifer is anticipated to flow in a southwestern direction, but may change depending on seasonal fluctuations and other hydrogeologic factors. A review of the land uses in the vicinity of the site indicates that there is a low potential for impacts from off 1 site properties. 5.7 Other Conditions of Concern The following indicators of potential concern were not observed during the site inspection: • stain/corrosion • drain/sumps 1 • stained soil and/or pavement • generation of wastewater and potential releases • effluent disposal systems • unnatural odors • sheen on water • in-ground hydraulic lifts I I I I 13 Water Resource Solutions.Mc. 04444CR951-TREEFARM i 6.0 FINDINGS AND CONCLUSIONS Water Resource Solutions haserformed a Phase p I ESA in substantial conformance with the scope and limitations of ASTM Standard Practice E 1527-00 of the site. Exceptions and deletions from the above-referenced Practice are described in Section 2.3 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection II with the property. 1 1 I I l LI l 04444CR951-TREEFARM 14 Water Resource Solutions,Inc { 7.0 REFERENCES American Society for Testing and Materials, 2000, Environmental Site Assessments: Phase I Environmental Site Assessment Process, West Conshohocken, PA, 27 p. Knapp, M.S., Burns, W.S., and Sharp, T.S., 1986, Preliminary Assessment of Ground-Water Resources of Collier County, South Florida Water Management District, Technical Publication 86-1, West Palm Beach, Florida Natural Resources Conservation Service, 1990, Soil Survey of Collier County, U.S. Department of Agriculture, Soil Conservation Service, Washington, D.C. Scott, Campbell, Rupert, Arthur, Missimer, Lloyd, Yon, & Duncan, 2001, Geologic Map of the 1 State of Florida, Florida Geological Survey and Florida Department of Environmental Protection. I 1 1 l J J I 1 04444CR951-TREEFARM 15 Water Resource Solutions,Inc. l 8.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS The following Water Resource Solutions professional certifies that he participated in the Phase I Environmental Site Assessment of this site. A resume of this professional is provided in Appendix D. 1 4 (-13-03 Donald W. -yne - Site Inspector I Certified Florida Environmental Assessor#261 Registered Environmental Property Assessor#6104 1 l l l l l l 16 04444CR951-TREEFARM Water Resource Solutions,Inc. I ` _ I f III f APPENDIX A Photographs l . l •l • • I 1 l l Warr Rama*SOMOaa.Yrc I lik i n is , ___ 11-- , .... , .. ,— ....,..„ . -l f(. -, 1 _..... ,__ I �' _ , --.7,.*:,- � _ $ •e --.-- .,. ..., ,,,f-e- „._-,.. - ...._ , .. ... \ _ ,-.-,.. , At PHOTO 1-INTERIOR OF NURSERY BUILDING • , 1 i3 �ts. ��r 1 --,_ . ,.., - .,,,.., ,/,..„. ...:. „ , ... _ . ., . , -.. . i .,t J 7 , y �\ /, ' . PHOTO 2-RESIDENCE ON NORTHWEST PARCEL t • q I '''';'4...-." . ,, -.l '� F. �.�, r•k I t � Z . '�� r -,-,:72, ) '` ;'4" .fit 4' , ~ ti • • i r . I - I d PHOTO n 3-WARREN RESIDENCE I t a 'may tea• .,• �' a9! 9. I r a .... +�� ,n,. iy 1 li .. � am ; f •-:--';'-'-'7,-,4,..°F `.� s ' ' ;f.,••*.•r.4�d". . 1 .1 j;.if. f"dst 'r'L r - ter+:. — • „j .- . ,..-: �� 9.„.., .s:. If ../� moi,!a^ if'F..,_, _. PHOTO 4-KEN F[TZEK'S SHOP r I F 1 , Al F i, I •-••'"''' -yes ,rte :..,,a, .a^z�, 1• .t' It 6 - _ l _ / • J� l ... a..+•y _ .._ .. s i as yam. r, l • .. & .. , .. .. ., , .. . .. ..•• . ... . , . . . , 1 ,...-.. PHOTO 5-AREA OF FORMER WASTE OIL TANK AND COASTAL PHASE a ' ,' LI j .•w tr x . ._ 4. ,....,_,, . .. .„ . 5 • w _ . ..• J 1 I I 1 ,-, 1 . , „. . PHOTO 6-OAKES NURSERY CLEANUP OPERATION I {.. • s I i { I +-� PH `- 1� E A.ND .;2.:.'", ;11:1,..::.:...7.'.. LAND O THE NOS � I I I i i r .. • � i ". ' -o'1 � �K ; ' `41 `tat a' r,-� :,.��" °.� • - s +r\ a> 4:-'i -- w�!.t �✓°"'..V r .,,s--.A.41,--•-•-4•• _-fa rt j,'"k$ tri.`}' .�:.,�.��...! . .:• �••.. -- ' . .'- .. ._.,r':a ..war �.•.. PHOTO 8—GREEN HERON NURSERY TO THE NORTH i -',W -. y Xaa .y t_ 6 t. k d t r, PHOTO 9-GOLDEN GATE NURSERY TO THE WEST 1 ,,# tea . - ) ' I ' y ] N . . \ik i‘ .. .____ . I ._ '''4. V • PHOTO 10-FORMER FUEL TANK CONTAINMENT AREA I • APPENDIX B Parcel Sketch 04444CR9617REEF,Vq,, WNW Resource Solutions.Inc. ■ O I • e o awl u N e A 1� • I .1 1■ r /. ,� .sa .. ■ ~1N ■aIs I . I ' I/- asI OM a .e• /O. •11 K ✓ a■ �. 1111 am 11■ a/I.■ ' I n ,'Lan-51 g LanI f a 1 /a ■1 1141 I IS '•um M I . f 11■ g se I • fat 1 r , • L. ■e 11-a. n1 ria %I; A SI - 1■ BtII N 111u,u XI 1 gra Ila oarin" all 1 la ■ OM i . .• . •• N N u• N i� ,..1,,A,N•1 N N 1 ■III• •.I I■ Sitii 1 N irm •11 L. al sm �'I I F c , li •/I 1■ is " Ii� ■Ilii 11N hal 1 I M h ■/ h Se u Si g all J+i HI' "I If v .. .,'.. q i . (.. 1 N M •�eI �, r . I I■ aN l ee c 11/• • 0 4 ' 1 f3 rrel a iiI 1 ■i1. I ' • I •I • 44-..- ..1 II Er II I •: Iiii CO .4, I z; ■•I■■ Ma rig /e■ NU •" I■i1 . ''- N I ■a :.I — — •, ►Sal I I A I es u eI •II I t'S „ I' '- if-.' _ I ■ =pl-- — —_—_ _ _— - - =jar— ---. -_ �-- • APPENDIX C Regulatory Database Report • U ' a a ,•—• 04444021151-TREEFARM Wow RIIIIMMOS Solutions.hie. ENVIRONMENTAL DATA REPORT Standard ASTM Research CR 951 & Tree Farm Rd Naples, Florida Client Project #: 01-04444.E1 l Prepared For: Water Resource Solutions, Inc. 428 Pine Island Rd SW Cape Coral,FL 33991 l l Prepared By: ENVIRONMENTAL DATA MANAGEMENT, INC. J 12360 66th Street North Largo, Florida 33773 1 I d Friday, December 13, 2002 Y 1 1 Environmental Data Management,Inc. 12360 66th Strut North 4E- /\‘‘ Largo,Florida 33773 Tel.(727)536-8989 Fax(727)535-9757 http://www.edm-net.com Friday, December 13,2002 Client Project#: 01-04444.E1 Don Mayne Water Resource Solutions, Inc. 428 Pine Island Rd SW Cape Coral, FL 33991 Subject: Standard ASTM Research—EDM Project#: 13977 Dear Mr. Mayne: Thank you for using Environmental Data Management, Inc. The following report provides the results of our environmental data research that you requested for the following location: CR 951 &Tree Farm Rd Naples, Florida The following is a summary of the components contained within this report: • Executive Summary-a listing of the databases searched,search distance criteria and the number of sites identified for each database. • Map(s)of Study Area-show the location of sites identified relative to the subject property. These sites are ,—• labeled with Map ID Numbers, used to correlate the map symbols with data detail within the report. A non- mapped option is available. • Summary Table-summary information concerning the records identified within your study area. The table provides corresponding Map ID numbers,the site's Permit or Facility I.D.Number,the site's name and address and the government database(s)on which the site was listed. • Site Detail Reports—data detail for each record identified. Grouped by database listing or by Map ID. • Proximal Records Table—summary information listing potentially relevant sites identified just beyond the search criteria. These records may account for instances where a regulated site's boundary extends into the study area but its address is outside of the search radius or where the site is mis-mapped slightly. • Non-Mapped Records Table- lists those government records that do not contain sufficient address information to plot within our GIS system, but may still exist within your study area. • Ancillary Information —may include Title Search Report, City Directory Records or other additional research records. At EDM we take great pride in our work,and continually strive to provide you with the most thorough and comprehensive service available. We accomplish this by manually screening your report against both computerized and hard copy maps,as well as additional address sources. This manual effort may add more time and effort to your report preparation, but we think a more thorough and accurate result is worth it. After all,what's the value of inaccurate information? Thank you again for selecting EDM as your data research provider. Should you have any questions regarding this 1 ^report or our service, please feel free to contact us. We appreciate the opportunity to be of service to you and look -orward to working with Water Resource Solutions,Inc. in the future. ENVIRONMENTAL DATA MANAGEMENT,INC. Executive Summary JClient Information Project Information in Mayne Standard ASTM Research vVater Resource Solutions, Inc. 239-574-1919 ex106 CR 951 &Tree Farm Rd Client Job No# 01-04444.E1 Naples, Florida Client P.O. No# EDM Job No# 13977 The following table displays the databases that were included in the research provided, the respective search distance for each database, and the number of records identified for each database. Search From Greater Radius From .13-.25 From From than 1 Totals (Miles) 0-.13 mi mi .26-.5 mi .51-1.0 mi Mile EPA DATABASES - National Priorities List(NPL) 1.00 0 0 0 0 0 0 Comprehensive Environmental Response,Compensation& 0.50 0 0 0 N/A N/A 0 Liability Information SystemList(CERCLIS) No Further Remedial Action Planned List(NFRAP) 0.50 0 0 0 N/A N/A 0 Emergency Response Notification System List(ERNS) 0.25 0 0 N/A N/A N/A 0 RCRIS Handlers with Corrective Action Report(CORRACTS) 1.00 0 0 0 0 0 0 RCRA-Treatment, Storage and/or Disposal Sites(TSD) 1.00 0 0 0 0 0 0 RCRA-LQG,SQG,CESQG and Transporters(NONTSD) 0.25 0 0 N/A N/A N/A 0 Facility Index System List(FINDS-historical database) 0.25 0 0 N/A N/A N/A 0 Toxic Release Inventory System List(TRIS) 0.25 0 0 N/A N/A N/A 0 ^FDEP DATABASES State Funded Action Sites List(SFAS) 1.00 0 0 0 0 0 0 State Sites List(SITES) 0.50 0 0 0 N/A N/A 0 Solid Waste Facilities List(SLDWST) 0.50 0 0 0 N/A N/A 0 Petroleum Contamination Tracking System List(PCTS) 0.50 0 0 0 N/A N/A 0 Underground Storage Tanks List(TANKS) 0.25 0 0 N/A N/A N/A 0 **Disclaimer** Please understand that the regulatory databases we utilize were not originally intended for our use,but rather for the source agency's internal tracking of sites for which they have jurisdiction or other interest.As a result of this difference in intended use,their data is frequently found to be incomplete or inaccurate,and is less than ideal for our use.Additionally,limitations exist in mapping data detail and accuracy.Our report is not to be relied upon for any purpose other than to"point"at approximate locations where further evaluation may be warranted.No conclusion can be based solely upon our report.Rather,our report should be used as a first step in directing your attention at potential problem areas,which should be followed up by site inspections,interviews with relevant personnel and regulatory file review.Readers proceed at their own risk in relying upon this data,in whole or in part,for use within any evaluation.The EDM Service Request Form,signed by all of our clients before EDM issues a report,contains more detailed language with regard to such limitations,the terms of which the reader must accept in their entirety before utilizing this report.If the signed contract is not available to the reader,EDM will gladly furnish a copy upon request UMCopyright ° 2002 Environmental Data Management, Inc. l� For further information please contact us at 800-368-7376 Us. of ebls laformatloo 1a strictly limited by amt's authorisation ayr.aa ae, siyaed by our clients for each report. ** ENVIRONMENTAL DATA MANAGEMENT ** • ASTM STANDARD-REPORT 1312002 SUMMARY TABLE Page 1 of I REGULATORY LISTS FEDERAL STATE N N Y.;C 1-7 N T 4•..g p ` P F ta0_` O R I t C i L R1,jf, R133N `, I , T T ARTS E S P A S •C D S� 4. DISTANCE DIRECTION t yY FROM FROM : - 3 : •j FACILITY ID NUMBER, SUBJECT SUBJECT ` T =} PROPERTY(mi) PROPERTY ;y S a MAPID# NAME AND LOCATION 5 INo Data Found • i I l l l 1 3 3 I Copyright o 2002 Environmental Data Management, Inc. tyllt For further information please contact us at 800-368-7376 V Use of this info:nation is strictly lilted by£DN's authorization 'gramma[, signed by our clients for each report. I ** ENVIRONMENTAL DATA MANAGEMENT ** ASTM STANDARD-REPORT VI3n002 PROXIMAL RECORDS TABLE Page 1 of 1 REGULATORY LISTS FEDERAL STATE PRF S" C • Lit R R+ N• I T ,. T A R . < T S ES [ P A #4 g S f ]C g',D 1S74,..; FACILITY ID NUMBER, S' T44 14 .4f MAPID# NAME AND LOCATION ��I S IA) 8518206. 1 `,•s I COLLIER CNTY SERVICE CENT I ��` 1571 CR 951 N " NAPLES,FL.33999 •2A) 8518206 - COLLIER CNTY SERVICE CENTER INC • X 1 305 CR 951 N p NAPLES,FL.33999 � 3A) 8735906 : os 1 CRYSTAL LAKE QUARRY �' x CR 951 N NAPLES,FL.33940 `= it ,^ • • • it U f I m •• • `—� Copyright ® 2002 Environmental Data Management, Inc. • For further information please contact us at 800-368-7376 Use of this information Is strictly limited by SDK's authorization agrasent, signed by our clients for each report. NON-MAPPED RECORDS TABLE 12/13/02 - Non-Mapped Page 1 of 1 he Non-Mapped Records Table is a listing of database records that lack sufficient address information to be placed within our mapping system, but may exist within your study area. These records have been manually screened, using two primary criteria. The first screening criteria is whether the non-mapped record can be identified as existing within your study area,and then adding it to the map and body of the report. The second criterion is whether the listed facility can possibly exist within the study area. If the site can be conclusively identified as existing outside of the study area, it is excluded from the report. All remaining, screened records are provided on the EDM Non-Mapped Records Table within this report. The Non-Mapped Records Table therefore consists of both listed sites identified as possibly existing within your study area(e.g. a valid street name, but no street number), or a listed address that is entirely unrecognized. Typically, these unrecognized addresses consist of a street name that isn't identified within the county in which the study area is located. For your convenience, we have categorized these screened records into three groups: 1.)Non-mapped records that contain a zip code equal to the subject property(or any additional zip code data you provide on the order form). Because we extract all of the zip codes listed within records mapped within your study area(to help identify historical zip codes), you may see zip code values in this portion of your report that are unexpected. 2.)Non-mapped records that contain no zip code information, but are listed within the same city as the subject property(or any additional cities you provide on the order form). Adjacent city data may also be ,rovided if the subject property is located very near another city boundary. .)Non-mapped records that contain no zip code or city information, but are listed within the same county as the subject property. Adjacent county data may also be provided if the subject property is located very near a county boundary. If more specific information relative to one or more locations included in the Non-Mapped Records Table is desired, please feel free to contact us and we will send you this information as an addendum to this report,at no additional cost. Copyright ® 2002 Environmental Data Management, Inc. L.efinkPor further information please contact us at 800-368-7376 Use or this information is strictly limited by SDK's authorization agreement. signed by our Clients for each report. ** ENVIRONMENTAL DATA MANAGEMENT ** ASTM STANDARD REPORT :113/2002 ZIPCODE PORTION OF THE NON-MAPPED RECORDS TABLE Page 1 of 1 REGULATORY LISTS FEDERAL STATE NE, � N =C , NT ? S P P F : O . O R I Ch1 L Rj:•R .? N I T . T Ai R '` T S E S1 P A S S • C D * , . FACILITY ID NUMBER, ;• T MAPID# NAME AND LOCATION 0 S , it ,,¢ I kP 1 , I 11 r, s p, . • i • t • II • • • • • /� ��f�� Copyright c 2002 Environmental Data Management, Inc. For further information please contact us at 800-368-7376 • Use of this information Is strictly Iialeod by=M's authorisation agrosoat, signed by our clients for each revere. ** ENVIRONMENTAL DATA MANAGEMENT ** ASTM STANDARD-REPORT '/13/2002 CITY PORTION OF THE NON-MAPPED RECORDS TABLE Page I of 1 REGULATORY LISTS FEDERAL STATE NN -=CN ` T PFOOR I t .C '`� L pR RN I -zT ; ' T ~'s A' R . ' T Sa LPA S S fs ;� CD .> � FACILITY ID NUMBER, T aw r47' y1-4 MAPID# NAME AND LOCATION S 8732403 — HIGHWAY PAVERS,INC:N QUARRY SITE,• SR 951 NAPLES,FL. a s • • ,01 1 •- • • i t a • e Jam\ . .WCopyright 0 2002 Environmental Data Management, Inc. For further information please contact us at 800-368-7376 c Use of this Information Is strictly limited by =Ws authorisation agreement, signed by our clients for each report. ** ENVIRONMENTAL DATA MANAGEMENT ** ASTM STANDARD REPORT '13/2002 COUNTY PORTION OF THE NON—MAPPED RECORDS TABLE Page I of! • w•�w••M•VMMM�N•••w�Mw•••�•!!•M••tiwti•�.e.n..t•!M w••MwN• •MM•••N•M•••••,•••yM•M�M••wwlMw••M•1�•M••N•ti•rti•NN REGULATORY LISTS xnxxxxoxxxrsxxra=_x� FEDERAL STATE NT0Ni C) N : T S .; p P F O O' R I C1e L R' Rt N�.�, 1 T T . CARTDS E S4 PVA. Sgt S §' TD =. FACILITY ID NUMBER, a .44 MAPID# NAME AND LOCATION S �" A . 1 _ -, u .r, . . .„., ..,.. ..., s, 1 .;.b,- . . , . ,-- , __ a U ■ . m. • r1 ,`� Copyright ° 2002 Environmental Data Management, Inc. - For further information please contact us at 800-368-7376 a Use of this information is strictly limited by =DN•s authorisation agreement, signed by our clients for each report. APPENDIX D Resumes of Participating Professionals I I 1 L 04444CR951.TREEFARM Water Resource Solutions.Inc is Vater Resource Solutions Island Road SW • Cape Coral.Florida 33991 239 574-1919 Fax:239 574-8106 DONALD W. MAYNE, CFEA PROJECT SCIENTIST EDUCATION: EXPERIENCE SUMMARY: B.S. Environmental Science Mr. Mayne has more than ten years of experience in managing and Troy State University, 1992 performing Phase I Environmental Site Assessments (ESA's). Phase I ESA's are designed to assess the potential of hazardous substance PROFESSIONAL and/or petroleum product impacts on real property. This assessment is REGISTRATION:_ conducted by evaluating past and present on-site and off-site conditions in conjunction with natural conditions such as the local geology, Registered Environmental surface water characteristics, and corresponding water-table aquifer Property Assessor#6104 flow directions. His clients have included land developers, local government agencies, realtors, lending institutions, and investors. Mr. Certified Florida Environmental Mayne also has experience in the project management of salt tracking Assessor#261 monitoring services for water use permits. PROFESSIONAL EXPERIENCE RECORD: AFFILIATIONS: Florida Association of • Managed and conducted Phase I ESA's on 16 golf course • Environmental Professionals communities within 3 weeks for southwest Florida's largest developer as part of a debt consolidation/refinance deal. Florida Environmental Assessors Association • Performed numerous Phase I Environmental Site Assessments for Lee County as part of their Conservation 2020 land acquisition YEARS IN PRACTICE: program. 11 Years • Conducted several Phase I Assessments for the expansion of the Southwest Florida International Airport as part of their 2010 Development program. • Project manager for Phase I Environmental Site Assessment in an area of approximately one square mile along the south bank of the • Estero River. a • Project manager for a Phase I Environmental Site Assessment and generic wetland evaluation for a site off of Andrea Lane. a • Management of an asbestos abatement and demolition project upon completion of an asbestos survey. • Performed multi-site Phase I ESA and asbestos survey on 47 supermarket stores in the New England area. • Team player in a multi-site Phase I containing 77 equipment rental facilities in the southeastern United States. - /^'N • Project manager of several salt tracking-monitoring plans as part of the South Florida Water Management Districts water use permits. • Performs Aquifer Storage and Recovery operational cyclical testing at the Lee County North Reservoir and Olga water plants. EXHIBIT Q SOIL SAMPLING SURVEY 1/19 ANALYTICAL REPORT Revised Job#: M04-1006 STL Project#: MA4A0021 Site Name: Water Resources Solutions Task: Bristal Pines Todd Nowland 428 Pine Island Road S.W. Cape Coral, FL 33991 STL - Miami (Miramar) David A. Cuddington Project Manager 01/11/2005 2/19 STL Miami Certifications State Certification Number Florida E86349 Florida E86616 Puerto Rico FLO0535 South Carolina 96023 USDA Soil Permit S-70051 Data Qualifier Codes A Value reported is the mean value of two or more determinations. B Results based on colony counts outside the acceptable range. The code applies to microbiological tests and specifically to membrane filter colony counts. This code is to be used if the colony count is generated from a plate in which the total number of colonies exceeds the method indicated ranges. F When reporting species,F indicates the female sex Value based on field kit determinations,results may not be accurate. This value is used when the results have been determined using a field kit or H method that has not been recognized by the Department as equivalent to EPA methods Estimated value.This code may be used if the surrogate exceeded limits,no known quality control criteria exists for the component,the reported valued J failed to meet established quality control limits,if the sample matrix interfered with the ability to make an accurate determination,or if the data is questionable because of improper laboratory or field protocols. The"J"values is accompanied by a comment or justification for it's use. K Off-scale,low.Actual value is known to be less than the reported value.This value is used if the value is less than the lowest calibration standard and the calibration curve is non-linear or if the value is known to be less than the reported value based on size,sample dilution or some other variable. Off-scale high. The value is known to be greater than the value given. This value is used when the reported value is greater than the acceptable level for quantitation(exceeded the linear range of the calibration)and the calibration curve is known to exhibit a negative deflection. M When reporting chemical analyses:the presence of material is verified but not quantified,the actual value is less than the value given.The reported value shall be the laboratory PQL. This code is used if the actual value is too low to permit accurate quantification. N Presumptive evidence of the presence of a material.This code is used if the component has been determined using a mass spectral library search or if there is evidence that the analyte is present but the quality control requirements were not met. O Sampled,but the analysis was lost or not performed. Q Sample was held beyond the acceptable holding item. T The value reported was less than the laboratory method detection limit.The value is reported for informational purposes only and shall not be used for statistical analysis. U Indicates the compound was analyzed for but not detected.The value associated with the qualifier shall be the laboratory method detection limit. Indicated the analyte was detected in both the sample and the associated method blank. The value in the method blank is not subtracted from the V associated samples Y The laboratory analysis was from an unpreserved or improperly preserved sample. The data may not be accurate Z Too many colonies were present(TNTC),the numeric value represents the filtration volume I The reported value is between the laboratory method detection limit and the laboratory practical quantitation limit. Data was rejected and should not be used. Some or all of the quality control data for the analyte were outside of control criteria and the presence or absence of the analyte cannot be determined * Not analyzed due to interference. D Measurement was made in the field. /""N Indicates extra samples were taken at composite stations R Significant rain in the past 48 hours.Rainfall amounts may contribute to a lower than normal value I Deviates from historically established concentration ranges 3/19 r-. NC N-CL'NFoRNANCE S1144NRY Job#: M04-1006 STL Project#: MA4A0021 Site Name: Water Resources Solutions General Comments The enclosed data have been reported utilizing data qualifiers (Q) as defined on the Data Cament Page. Soil, sediment and sludge sample results are reported on "dry weight" basis unless otherwise noted in this data package. According to 40CFR Part 136.3, pH, Chlorine Residual, Dissolved Oxygen, Sulfite, and Temperature analyses are to be performed immediately after aqueous sample collection. When these parameters are not indicated as field (e.g. pH-Field) , they were not analyzed immediately, but as soon as possible after laboratory receipt. Sample dilutions were performed as indicated on the attached Dilution Log. The rationale for dilution is specified by the 3-digit code and definition. Sample Receipt Laments M04-1006 Sample Cooler(s) were received at the following temperature(s) ; 4 °C All samples were received in good condition. GC Extractable Data The recovery of surrogate MIX & DCB for Method 8081 was outside below control limits for samples SB-2 & SB-6 (sanples rerun, recovery low) due to matrix of the samples (very thick extract) . All other quality control samples net acceptance criteria, therefore, no further corrective action was performed and the data are accepted. Samples 1006-3 & 1006-4 were diluted due to matrix(possible hit) , dilution shows interference. Results are reported per wet weight! Revision Caments Wet Chemistry Data (Revision) This revised report shows percent solid results for the Bristal Pines project. The resultsresented in this report relate only to the analytical testing and condition of-the sample at receipt. This report pertains to only those samples actually tested. All pages of this report are integral parts of the analytical data. Therefore, this report sI ould be reproduced only in its entirety. 4/19 METHODS SUMMARY Job#: M04-1006 STT, Project#: MA4A0 021 Site Name: Water Resources Solutions ANALYTICAL PARAMETER METHOD METHOD 8081 - TOL PESTICIDES SW8463 8081 Dry Weight ASTM D2216-19 ASTMAnnual Book of ASTM Standards", Arrerican Society for Testing and Materials, Philadelphia, PA. SW8463 "Test Methods for Evaluating Solid Waste Physical/Chemical Methods (SW846) , Third Fdition, 9/86; Update I, 7/92; Update IIA, 8/93; Update II, 9/94; Update IIB, 1/95; Update III, 12/96. 5/19 SAMPLE SUMMARY SAMPLED RECEIVED LAB SAMPLE ID CLIENT SAMPLE ID DATE TIME DATE TIME N4100601 SB-1 12/17/2004 11:45 12/17/2004 15:20 N4100610 SB-10 12/17/2004 14:10 12/17/2004 15:20 144100611 SB-11 12/17/2004 14:25 12/17/2004 15:20 144100602 SB-2 12/17/2004 12:00 12/17/2004 15:20 N4100603 SB-3 12/17/2004 12:15 12/17/2004 15:20 M4100604 SB-4 12/17/2004 12:30 12/17/2004 15:20 N4100605 SB-5 12/17/2004 12:45 12/17/2004 15:20 N4100606 SB-6 12/17/2004 13:15 12/17/2004 15:20 M4100607 SB-7 12/17/2004 13:35 12/17/2004 15:20 N4100608 53-8 12/17/2004 13:45 12/17/2004 15:20 N4100609 SB-9 12/17/2004 14:00 12/17/2004 15:20 6/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 1 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines Sample ID: SB-1 Date Received: 12/17/2004 /~5 Sample ID: M4100601 Project No: MA4A0021 .,.,te Collected: 12/17/2004 Client No: 000154 Time Collected: 11:45 Detection —Date/Time— Parameter Result Fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 03:27 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 03:27 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 03:27 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Dieldrin BOL 1.0 UG/KG 8081 12/21/2004 03:27 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 03:27 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 03:27 MA /Nrogates Jecachlorobiphenyl 64 * GC Lmts: 70-130 % 8081 12/21/2004 03:27 MA Tetrachloro-m-xylene 81 QC Lmts: 70-130 X 8081 12/21/2004 03:27 MA Wet Chemistry Analysis Dry Weight 97.3 0 % D2216-19 01/11/2005 13:00 BAS STL Miami 7/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 2 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines ,,...,, Sample ID: S8-10 Date Received: 12/17/2004 +b Sample ID: M4100610 Project No: MA4A0021 uate Collected: 12/17/2004 Client No: 000154 Time Collected: 14:10 Detection —Date/Time— Parameter Result fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 07:02 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 07:02 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 07:02 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Dieldrin 8DL 1.0 UG/KG 8081 12/21/2004 07:02 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Endrin aldehyde BDL 1.0 UG/KG 8081 • 12/21/2004 07:02 MA gamna-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 07:02 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 07:02 MA ' rogates Decachlorobiphenyl 56 * QC Lmts: 70-130 X 8081 12/21/2004 07:02 MA Tetrachloro-m-xylene 73 QC Lmts: 70-130 X 8081 12/21/2004 07:02 MA Wet Chemistry Analysis Dry Weight 94.3 0 X D2216-19 01/11/2005 13:00 BAS STL Miami 8/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 3 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristat Pines /`� Sample ID: SB-11 Date Received: 12/17/2004 Ab Sample ID: M4100611 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 14:25 Detection ----Date/Time--- Parameter Result Fly Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 09:01 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 09:01 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 09:01 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 09:01 MA Methoxychlor BDL 1.0 UG/KG. 8081 12/21/2004 09:01 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 09:01 MA P".\rogates Decachtorobiphenyl 8.0 * OC Lmts: 70-130 X 8081 12/21/2004 09:01 MA Tetrachloro-m-xylene 86 OC Lmts: 70-130 X 8081 12/21/2004 09:01 MA Wet Chemistry Analysis Dry Weight 97.7 0 % D2216-19 01/11/2005 13:00 BAS /"t STL Miami 9/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 4 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines ,' Sample ID: SB-2 Date Received: 12/17/2004 b Sample ID: M4100602 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 12:00 Detection —Date/Time— Parameter Result Fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 03:51 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 03:51 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 03:51 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 03:51 MA ,,`Toxaphene BDL 50 UG/KG 8081 12/21/2004 03:51 MA -ogates Decachlorobiphenyl 59 * QC Lmts: 70-130 X 8081 12/21/2004 03:51 MA I Tetrachloro-m-xylene 67 * SC Lmts: 70-130 X 8081 12/21/2004 03:51 MA Wet Chemistry Analysis Dry Weight 99.6 0 % D2216-19 01/11/2005 13:00 BAS /", STL Miami 10/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 5 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines /'ti Sample ID: SB-3 Date Received: 12/17/2004 b Sample ID: M4100603 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 12:15 Detection ----Date/Time--- Parameter Date/Time— Parameter Result fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 10 UG/KG 8081 12/21/2004 11:44 MA 4,4'-DDE BDL 10 UG/KG 8081 12/21/2004 11:44 MA 4,4'-DDT BDL 10 UG/KG 8081 12/21/2004 11:44 MA Aldrin BDL 20 UG/KG 8081 12/21/2004 11:44 MA alpha-BHC BDL 4.1 UG/KG 8081 12/21/2004 11:44 MA beta-BHC BDL 10 UG/KG 8081 12/21/2004 11:44 MA Chlordane BDL 200 UG/KG 8081 12/21/2004 11:44 MA deLta-BHC BDL 10 UG/KG 8081 12/21/2004 11:44 MA Dieldrin BDL 10 UG/KG 8081 12/21/2004 11:44 MA Endosulfan I BDL 10 UG/KG 8081 12/21/2004 11:44 MA Endosulfan II BDL 10 UG/KG 8081 12/21/2004 11:44 MA Endosulfan Sulfate BDL 10 UG/KG 8081 12/21/2004 11:44 MA Endrin BDL 10 UG/KG 8081 12/21/2004 11:44 MA Endrin aldehyde BDL 10 UG/KG 8081 12/21/2004 11:44 MA gamma-BHC (Lindane) BDL 10 UG/KG 8081 12/21/2004 11:44 MA Heptachlor BDL 10 UG/KG 8081 12/21/2004 11:44 MA Heptachlor epoxide BDL 10 UG/KG 8081 12/21/2004 11:44 MA Methoxychlor BDL 10 UG/KG 8081 12/21/2004 11:44 MA ,_ Toxaphene BDL 500 UG/KG 8081 12/21/2004 11:44 MA , ,.agates Decachlorobiphenyl 0 D QC Lmts: 70-130 X 8081 12/21/2004 11:44 MA Tetrachloro-m-xylene 0 D QC Lmts: 70-130 X 8081 12/21/2004 11:44 MA Wet Chemistry Analysis Dry Weight 97.6 0 X 02216-19 01/11/2005 13:00 BAS STL Miami 11/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 6 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines /'–'. Sample ID: SB-4 Date Received: 12/17/2004 ab Sample ID: M4100604 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 12:30 Detection ----Date/Time--- Parameter Date/Time— Parameter Result Floc Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD 801 10 UG/KG 8081 12/21/2004 12:32 MA 4,4'-DDE BDL 10 UG/KG 8081 12/21/2004 12:32 MA 4,4'-DDT BDL 10 UG/KG 8081 12/21/2004 12:32 MA Aldrin BDL 20 UG/KG 8081 12/21/2004 12:32 MA alpha-BHC BDL 4.1 UG/KG 8081 12/21/2004 12:32 MA beta-BHC BDL 10 UG/KG 8081 12/21/2004 12:32 MA Chlordane BDL 200 UG/KG 8081 12/21/2004 12:32 MA delta-BHC BDL 10 UG/KG 8081 12/21/2004 12:32 MA Dieldrin BDL 10 UG/KG 8081 12/21/2004 12:32 MA Endosutfan I BDL 10 UG/KG 8081 12/21/2004 12:32 MA Endosulfan II BDL 10 UG/KG 8081 12/21/2004 12:32 MA Endosulfan Sulfate BDL 10 UG/KG 8081 12/21/2004 12:32 MA Endrin BDL 10 UG/KG 8081 12/21/2004 12:32 MA Endrin aldehyde 8DL 10 UG/KG 8081 12/21/2004 12:32 MA gamma-BHC (Lindane) BDL 10 UG/KG 8081 12/21/2004 12:32 MA Heptachlor BDL 10 UG/KG 8081 12/21/2004 12:32 MA Heptachlor epoxide BDL 10 UG/KG 8081 12/21/2004 12:32 MA Methoxychlor 8DL 10 UG/KG 8081 12/21/2004 12:32 MA P-..-•Toxaphene SOL 500 UG/KG 8081 12/21/2004 12:32 MA •rogates Decachlorobiphenyl 0 D CC Lmts: 70-130 X 8081 12/21/2004 12:32 MA Tetrachloro-m-xylene 0 D QC Lmts: 70-130 X 8081 12/21/2004 12:32 MA 1 Wet Chemistry Analysis Dry Weight 99.0 0 % D2216-19 01/11/2005 13:00 BAS /" - STL Miami 12/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 7 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines /'*.. Sample ID: SB-5 Date Received: 12/17/2004 b Sample ID: M4100605 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 12:45 Detection ----Date/Time--- Parameter Date/Time— Parameter Result pal Limit Units Method Analyzed int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 05:02 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 05:02 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 05:02 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA 1 gamma BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA 1 Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 05:02 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 05:02 MA //". 'rogates Decachlorobiphenyl 44 * DC Lmts: 70-130 X 8081 12/21/2004 05:02 MA Tetrachloro-m-xylene 77 QC Lmts: 70-130 X 8081 12/21/2004 05:02 MA Wet Chemistry Analysis Dry Weight 93.6 0 X D2216-19 01/11/2005 13:00 BAS STL Miami 13/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 8 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines ,.0–N. Sample ID: SB-6 Date Received: 12/17/2004 3b Sample ID: M4100606 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 13:15 Detection —Date/Time— Parameter Result fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 05:26 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 05:26 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 05:26 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA gamma-BHC (Lindane) BOL 1.0 UG/KG 8081 12/21/2004 05:26 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 05:26 MA /. Toxaphene BDL 50 UG/KG 8081 12/21/2004 05:26 MA rogates Decachlorobiphenyl 60 * GC Lmts: 70-130 X 8081 12/21/2004 05:26 MA Tetrachloro-m-xylene 62 * GC Lmts: 70-130 X 8081 12/21/2004 05:26 MA Wet Chemistry Analysis Dry Weight 96.4 0 % D2216-19 01/11/2005 13:00 BAS STL Miami 14/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 9 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines , /'-s, Sample ID: SB-7 Date Received: 12/17/2004 o Sample ID: M4100607 Project No: MA4A0021 Date Collected: 12/17/2004 Client No: 000154 Time Collected: 13:35 Detection --Date/Time— Parameter Result fig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA 4,40-DDT BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 05:50 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 05:50 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 05:50 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 05:50 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 05:50 MA "•-ogates Oecachlorobiphenyl 65 * DC Lmts: 70-130 X 8081 12/21/2004 05:50 MA Tetrachloro-m-xylene 70 DC Lmts: 70-130 X 8081 12/21/2004 05:50 MA Wet Chemistry Analysis Dry Weight 98.2 0 X D2216-19 01/11/2005 13:00 BAS STL Miami 15/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 10 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines /.–., Sample ID: SB-8 Date Received: 12/17/2004 ib Sample ID: M4100608 Project No: MA4A0021 late Collected: 12/17/2004 Client No: 000154 Time Collected: 13:45 Detection —Date/Time— Parameter Result as Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 06:14 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 06:14 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 06:14 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Endosulfan I BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA I Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 06:14 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 06:14 MA t rogates Decachlorobiphenyl 58 * OC Lmts: 70-130 X 8081 12/21/2004 06:14 MA Tetrachloro-m-xylene 71 OC Lmts: 70-130 X 8081 12/21/2004 06:14 MA Wet Chemistry Analysis Dry Weight 99.8 0 X D2216-19 01/11/2005 13:00 BAS • STL Miami 16/19 Date: 01/11/2005 Water Resource Solutions - Cape Coral Page: 11 Time: 16:17:51 Water Resources Solutions Rept: AN1420 Bristal Pines �..� Sample ID: 5B-9 Date Received: 12/17/2004 Ib Sample ID: M4100609 Project No: MA4A0021 uate Collected: 12/17/2004 Client No: 000154 Time Collected: 14:00 Detection —Date/Time— Parameter Result Lig Limit Units Method Analyzed Int SOIL-SW8463 8081 - TCL PESTICIDES 4,4'-DDD BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA 4,4'-DDE BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA 4,4'-DDT BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Aldrin BDL 2.0 UG/KG 8081 12/21/2004 06:38 MA alpha-BHC BDL 0.41 UG/KG 8081 12/21/2004 06:38 MA beta-BHC BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Chlordane BDL 20 UG/KG 8081 12/21/2004 06:38 MA delta-BHC BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Dieldrin BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Endosulfan 1 BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Endosulfan II BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Endosulfan Sulfate BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Endrin BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Endrin aldehyde BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA gamma-BHC (Lindane) BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Heptachlor BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Heptachlor epoxide BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Methoxychlor BDL 1.0 UG/KG 8081 12/21/2004 06:38 MA Toxaphene BDL 50 UG/KG 8081 12/21/2004 06:38 MA /.."Nrogates Decachlorobiphenyl 63 * QC Lmts: 70-130 X 8081 12/21/2004 06:38 MA Tetrachloro-m-xylene 78 QC Lmts: 70-130 X 8081 12/21/2004 06:38 MA Wet Chemistry Analysis Dry Weight 96.5 0 X D2216-19 01/11/2005 13:00 BAS STL Miami 17/19 r-\ CHAIN OF CUSTODY DOCUMENTATION 18/19 M. m C Y N `-'f -� g . • a. :lei-A%.._ P a 6 O ) it.' 3 a.a 30 D us a 1.- ii. 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I = tea o t' m o E c c a ee° n + Ma s o e a E o E E " a ,' ;k.:: 0 m d d a N —F W'� PI N CO C to ID N CO OI N y V .~.. C7 EXHIBIT R CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE II';I �\ RECEIVED 'u 11E 'f DEC 0 12003 PASSARELLA ANDFLORIDA DEPARTMENT OF STATE ASSOCIATES, INC. Glenda E.Hood Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Kenneth C. Passarella November 20, 2003 Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 Re: DHR No. 2003-10033 /Received by DHR: November 18, 2003 ;-tom. is iWe s Project Number: 02WDI800/Bristol Pines Collier County. Florida Dear Mr. Passarella: Our office received and reviewed the above referenced project in accordance with the applicable local ordinance, Section 106 of the National Historic Preservation Act of 1966(Public Law 89- 665), as amended in 1992,36 C.F.R., Part 800:Protection of Historic Properties, Chapters 267, 373, and 403,Florida Statutes, Florida's Coastal Management Program, and implementing state regulations,regarding possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, architectural or archaeological value. The State Historic Preservation Officer is to advise and assist federal agencies when identifying historic properties (listed or eligible for listing, in the National Register of Historic Places), assessing the project's effects, and considering alternatives to avoid or reduce the project's effect on such properties. Our review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for, or likely to be present within, the area of potential effect for this project. Furthermore,because of the location of the project, it is unlikely that any such sites will be affected. If you have any questions concerning our comments, please contact Samantha Earnest, Historic Sites Specialist, at searnest@dos.state.fl.us or(850) 245-6333. Your interest in protecting Florida's historic properties is appreciated. Sincerely, -A.- 40-.-:-SL c). G cat NiZkVSMO Janet Snyder Matthews, Ph.D., Director, nd Pc State Historic Preservation Officer 500 S.Bronough Street • Tallahassee,FL 32399-0250 • http://www.tlheritage.com O Director's Office O Archaeological Research 0 Historic Preservation O Historical Manuals (850)245-6300•FAX:245-6435 (850)245-6444•FAX:243-6436 (850)245-6333•FAX:245-6437 (850)245-6400•FAX:204433 O Palm Beach Regional Office O St.Augustine Regional Office 0 Tampa Regional Office (561)279-1475•FAX:279-1476 (904)825-5045•FAX:825-5044 (813)272-3843•FAX:272-2340