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EAC Minutes 09/21/1988 •t MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE : September 21 , 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT BELOW EXC . BURCH X BENEDICT X EDWARDS X KURGIS X STEVENS X SNYDER X KOOPMAN X CARDILLO EXC. WEEKS X MINUTES BY: Dalila Mendez, Deputy Clerk CALLED TO ORDER AT: 8 : 50 A.M. ADJOURNED: 10 : 55 A.M PRESIDING : Dr. Mark Benedict , Vice-Chairman ADDENDA TO THE AGENDA: 1 . Two Items added by Mr . Burch re the Comprehensive Plan and the drafting of new Ordinances . Page 1 • ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 21, 1988 8 :45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT ,, A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD V. OLD BUSINESS VI. PUBLIC HEARINGS ` A. R-88-18C/SMP-88-5C: William C. McAnly, P.E. of Willaim C. McAnly & Associates, P. A. , representing Elba Development Corporation; requesting azoning change from MHSD to RSF-4 and Subdivision Master Plan Aproval. B. R-88-17C: William C. McAnly, P.E. of Willaim C. McAnly & Associates, P. A. representing Chatham Lake Development Corporation; requesting a zoning change from A-2 to RMF-6 Residential Multi-famili units . C. R-88-14C: Daniel E. Conley of Conley & Baker, representing Wildwood R. V. Resort, Inc, ; requesting a zoning change from A-2 to PUD • "Imperial Wildwood RV Resort" . D. PU-87-26C: Robert Hines, of Budd, Hines and Thompson, representing Troyer Brothers, Inc. ; requesting a provisional use "b" of A-2 MH for earth mining. VII. NEW BUSINESS • VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify the Natural Resources Management Departm9nt (774-8454 ) later than 5 P.M. on Monday, September 19, 1988 , if you cannot attend this meeting or if ..you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ***,********************************************************** I 41, • ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 ITEM: Minutes of August 17, 1988 COMMENTS: Inasmuch as modifications have been made to the minutes of August 17, 1988 and the EAC members have not had an opportunity to review those, Dr. Benedict indicated that these minutes will be brought back for approval at the next EAC meeting. ***** PETITION NO: R-88-18C/SMP-88-5C FILED BY/FOR: William C. McAnly & Associates, P.A. , repre- senting Elba Development Corporation. REQUESTING: A zoning change from MHSD to RSF-4 and Subdivision Master Plan Approval . REPRESENTED BY: Mr. George H. Mellen, P.E. COMMENTS: Mr . George Mellen, representing the petitioner, stated that the property is the last tract of a n 15 acre tract of land of the Riviera Colony Golf Estates Subdivision. He noted that the property is bounded on the west by the Florida Power & Light transmission easement; on the north by West Crown Pointe PUD, .. to the south and east by the Riviera Golf Estates. He indicated that the property is presently zoned for Mobile Home Subdivision, and with an allowable density for 65 - 70 lots, however, the petitioner is pro- posing a lesser density project of single-family homes, RSF-4 designation. He advised that Andrea Stevens and he had recently walked the site and typical pine flatwoods and cypress were observed on site. He also indicated that the drainage is accommodated by the Riviera system which goes to a swale that will abut the golf course on the inside and the project will pro- vide a overflow to the north to the Lely Canal . Ms. Stevens stated that the subject property consists of pine flatwoods, palmetto understory, additional species in the shrub and groundcover layers which include dog fennel , fox grape, coco plum, wax myrtle, and various grasses. She also stated that a small area south of the northwest Page 2 ` r ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 corner the site supports a 60 : 40 ratio of pine and cypress. She noted that the cypress are 4 - 6 inches in diameter, and appear stressed due to excessive draining of the site. She indicated that exotic Brazilian pepper is scattered throughout the site. She advised that Staff recommends approval of the petition subject to the four standard EAC stipulations. In response to Ms. Kurgis, Mr. Mellen advised that the aerial does not indicate that the area has been cleared by the owner of the property. He noted that the petitioner is a contractual buyer, and part of the agreement is that the owner restore the site to its former condition of a year and half ago. Responding to Ms. Kurgis, Ms. Stevens advised that the cypress is an understory with browning leaves, and a preserve area will not be feasible. Mr . Mellen indicated that the down-zoning of the property to single-family homes will preserve the natural vegetation of the site. MOTION: Made by Ms. Kurgis to recommend approval of Petition No. R-88-18C subject to EAC standard stipulations, as follows. Seconded by Dr. Snyder. Carried 3/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule . The site clearing plan shall clearly depict how the final site layout incorporates retained native vegeta- tion to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . Page 3 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construc- tion from development areas, open space areas, and preserve areas. Following site development , a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If , during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact , or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salva- geability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to pro- vide only a minimal interruption to any constructional activities. ***** PETITION NO: R-88-17C FILED BY/FOR: William C . McAnly & Associates, P. A. , repre- ,-., senting Chatham Lake Development Corporation Page 4 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 REQUESTING: A zoning change from A-2 to RMF-6 Residential Multi-family units. REPRESENTED BY: Mr . George H. Mellen, P.E. COMMENTS: Mr . Mellen, representing the petitioner, stated that Chatham Lake Development is a multi-family, RMF-6 which will be consistent with the surrounding developments. He noted that the development will consist of ten buildings, three stories high, 24 units each, which will be surrounded by a central six acre lake that will provide the majority of the necessary drainage retention. He indicated that the water con- ditions will be controlled by a swale that runs parallel to County Barn Road along the west side of the project . He stated that the property is primarily invaded with pine forests, and there are two severely stressed cypress areas. He further stated that the developer intends to minimize the clearing of the site, limiting solely to the paving, buildings and utility installa- tions . Mr . Edwards reported that 85 - 90% of the site is transitional habitat basically pine flat- woods. He noted that the canopy is dominated by slash pine with some bald cypress; Tillandsoid epiphtes grow on both species, which includes quill-leaf and spanish moss. He stated that the understory consists of young slash pine, wax myrtle, Brazilian pepper, melaleuca, and scat- tered dahoon hollies. Mr . Edwards further indicated that the ground- cover consists mostly of graminoid dominated areas with pennyroyal , poison ivy, and love vine ; the eastern boundary is dominated by wetland groundcover species, such as blechnum fern, saw grass, etc . He noted that the remaining 10 - 15% consists of dense palmetto, and the area is undergoing transition to a drier habitat . He concluded that NRMD recommends approval of the petition with the standard EAC stipulations plus Stipulations 5 , 6, and 7 . Mr. Mellen confirmed for Ms. Kurgis that 23 . 7 acres of open space will remain wooded, and left n as much as possible in its natural state. Page 5 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 Mr . Mellen advised that the petitioner does not have any objections to the Stipulations, and Stipulations 5 and 6 are being pursued. Dr. Benedict clarified Stipulation #7 by adding "at their current location" after the word "epiphytes" , and the words "or by transplanting them" after the words "development areas" . Staff did not object to these additions. Dr . Benedict added an 8th stipulation as follows: "Site clearing shall be restricted to the areas needed to construct the footprints of the buildings, the road, the lake and other water management facilities, and for exotic removal" . Mr. Mellen did not object to this stipulation. MOTION: Made by Ms. Kurgis to recommend approval of Petition No. R-88-17C with stipulations as recommended by Staff, amending Stipulation #7, and adding Stipulation #8. Seconded by Dr. Snyder. Carried 3/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegeta- tion to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- Page 6 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site deve- lopment, a maintenance program shall be imple- mented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If , during the course of site clearing, excava- tion, or other constructional activities, an archaeological or historical site, artifact , or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salva- geability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to pro- vide only a minimal interruption to any constructional activities. 5 . Petitioner shall seek a wetland jurisdictional determination by the U.S . Army Corps of Engineers, and if necessary, obtain the required permits prior to approval of the site develop- ment plan. 6. Petitioner shall save as many is practical and possible of the dahoon holly (Ilex cassine) trees on site . These trees that exist within the development areas, where feasible, shall be transplanted to other areas on site. n Page 7 /""NENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 7 . Petitioner, where feasible, shall save the quill-leaf (Tillandsia fasciculata) epiphytes at their current location within the development areas or by transplanting them to on-site, non- development areas prior to issuance of a tree removal permit . A thorough survey of the area by petitioner, or petitioner ' s agent, and a member of NRMD shall be conducted to determine the density of the epiphyte and suitable reloca- tion areas. 8 . Site clearing shall be restricted to areas needed to construct the footprints of the buildings, the roads, the lakes, and other required water management facilities, and for exotic removal . ***** PETITION NO: R-88-14C FILED BY/FOR: Daniel E. Conley & Baker, representing Wildwood R. V. Resort , Inc . REQUESTING: A zoning change from A-2 to RMF-6 Residential Multi-family units. REPRESENTED BY: Mr . Daniel E. Conley COMMENTS : Mr . Dan Conley representing the petitioner advised that Mr . Edwards and he had recently reinspected the site, and he concurs with Staff ' s recommendations. He noted that DER, the Corps of Engineers, and the South Florida Water Management District have been notified. He also noted that the flagging process will commence shortly to identify the areas to be preserved, and the jurisdictional agencies will then reinspect the site. Mr . Edwards indicated that the majority of the site is a transitional area dominated by slash pine with bald cypress at a ratio of 70 : 30. He indicated that the understo=- consists of scat- tered pine, cypress, cabbage palm, wax myrtle, and Brazilian pepper and most of the ground cover varies from pine needles to small depressional areas with blechnum fern, yellow- eyed grass, etc . Page 8 • t ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 Mr. Edwards advised that he visited the site in early August and standing water was noted throughout most of the site, however, no standing water was noted at the second site visit at the end of the month, except in an area adjacent to a centrally-located cypress wetland. He noted that there are several wetland com- munities located on the border of the property which have been impacted in the past . He indi- cated that there is a second cypress wetland in the southwest corner of the property which con- tains a canopy ratio of cypress-pine of 50: 50. He stated that there are two high-quality wetlands located on site, the first is located in the central , cypress wetland, and the second is in the northeast corner of the site. He noted that the canopy is dominated by bald cypress, with a cypress-pine ratio of 80: 20 which consists of cypress and wax myrtle understory. He indicated that an adjacent area on the western side of the wetland contains a cypress-pine ratio of 60 : 40, and the second wetland is predominantly a sedge meadow. In conclusion, Mr. Edwards stated that Staff recommends approval of the petition subject to standard EAC stipulations and the addition of Stipulations #5, #6, #7, #8 and #9. Referring to the eastern most extension of the tract Mr . Edwards clarified for Dr. Snyder that there was a water line break a year and a half ago which flooded the area, however, it has since been corrected. The area is open and consists of cattails and is basically dead but- tonbush trees, he stated. Ms. Kurgis expressed concerns about the map pro- vided and stated that if the petitioner is planning to preserve some of the wetlands some of the areas will have to be given up. Mr. Conley stated that the plan had been sub- mitted for zoning purposes, however, extensive review and redrawing of the plan will be con- ducted shortly. He concurred that the peti- tioner will probably have to give up some of the lots, but indicated that perhaps some of the Page 9 • t ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 areas can be incorporated in the water manage- ment portion. In regard to the large amount of lakes, Mr . Conley clarified for Ms. Kurgis that in order to obtain approval , the large amount of lakes are needed, however, when the cypress wetland areas are incorporated they will slightly decrease. Dr . Benedict referred to Stipulation #5 , and stated that further clarification regarding the "adjacent western area (60: 40 cypress-pine) " needs to be indicated. Mr. Mellen clarified for Dr. Benedict that the water management system is an interconnected lake system with a single weir control at the northwest border . He advised that the project will dedicate a 65 foot wide drainage easement to the County, and the ditch will be enlarged to help restore flow for the Belle Meade Basin across U.S . 41 and towards the southwest . Mr . Conley confirmed for Dr . Benedict that Consultant Ray Link did the EIS four months prior to Mr. Edwards visit to the site, and two months prior to the site plan. He stated that the site plan complies with the zoning process. Project Manager Weeks advised that the changes involved will require a revised Master Plan, which will be forwarded to NRMD, and Water Management Department . This will verify that EAC stipulations are complied with, and also that the changes will accommodate Water Management requirements. Mr. Conley did not have any objections to this recommendation. Dr . Benedict asked Mr . Conley if the trees have been incorporated? Mr . Conley advised that the trees are incorporated to their maximum, except for the strip for the concrete path. Referring to Stipulation #8 , Ms. Kurgis indi- cated that since the petitioner is selling the lots to individual owners, control will be lost as to whether or not the cypress wetland will be incorporated into the overall landscape plan. Page 10 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 Mr . Conley, however, advised that the homeowners association provides that adjustments will not be made to the landscape design. Mr . Edwards indicated that for the site develop- ment process the petitioner must provide a landscape plan which indicates the location of trees and the amount of trees on site. Ms. Kurgis suggested that the following sentence be added to Stipulation #5, "The area indicated on the diagram will be specified as a preserve area" . Dr . Benedict, however, added the following ver- biage to Stipulations #5 and #6 : " (as depicted on attached NRMD diagram) " , after the words "central cypress wetland" , and after the words "sedge meadow wetland" , respectively. He also added words "final rezone" after the words "prior to" , and deleted "of the subdivision master plan" in Stipulation #7 . He changed the last sentence of Stipulation #8 to read "This incorporation shall be shown on the site landscape plan" , etc . MOTION: Made by Dr. Benedict to recommend approval of Petition No. R-88-14C with the Standard EAC Stipulations #1-4, and Stipulations #5, #6, #7, and #8 as modified, and Stipulation #9, as is. Seconded by Ms. Kurgis. Carried 3/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegeta- tion to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . Page 11 t t ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site deve- lopment , a maintenance program shall be imple- mented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. If , during the course of site clearing, excava- tion, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salva- geability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to pro- vide only a minimal interruption to any constructional activities. 5 . The central cypress wetland (as depicted on attached NRMD diagram) shall be a preserve and incorporated into the water management system. The adjacent western area (60: 40 cypress to pine) shall be included in this wetland pre- p Page 12 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 serve. In addition, at least a ten foot buffer shall be maintained around the preserve. Petitioner shall flag the area, with review and approval by NRMD, prior to clearing. 6. The sedge meadow wetland (as depicted on attached NRMD diagram) in the northeast corner shall be preserved and incorporated into the water management system. A ten foot buffer shall be maintained around this wetland. Petitioner shall flag the preserve prior to clearing, with review and approval by NRMD. 7 . Petitioner shall submit revised site plans, incorporating the wetland preserves, to NRMD for review and approval , prior to final rezone approval . 8 . Where feasible, petitioner shall incorporate the cypress and pine trees in the transitional area and southwestern cypress wetland into the overall landscape plan. This incorporation shall be shown on the site landscape plan and is subject to the review and approval by NRMD. 9 . Where feasible and practical , petitioner shall save the dahoon holly trees or transplant them to suitable areas on site. ****** PETITION NO: PU-87-26C FILED BY/FOR: Robert Hines, of Budd, Hines and Thompson, repre- senting Troyer Brothers, Inc . REQUESTING: Provisional Use "b" of A-2 MH for earth mining. REPRESENTED BY: Mr . Bob Hines COMMENTS: Attorney Bob Hines, representing the petitioner, advised that the property is an uncultivated farmfield, and the petitioner proposes to exca- vate a 110 acre parcel for fill material . He noted that the land west of the project is part of the Corkscrew Swamp Sanctuary. He indicated that the project has been before the Water Page 13 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 Management Advisory Board on three occasions, and following the second hearing a limited EIS was agreed upon. He noted that the National Audubon Society has been consulted and advised of the proposed plans. Mr . Hines stated that the development plan has been modified to reflect concerns by the Sanctuary and adjoining landowners, and have been incorporated in the revised site plan. He indicated that they have agreed to 14 specific conditions, and upon completion of the project the owner of the property has committed to deed the property to the Sanctuary. He stated that the petitioner agrees with the Staff report , with the exception of Stipulation #7 , which relates to the maximum excavation rate. He advised that an agreement with WMAB was made whereas the rate will not exceed 20 loads per day, and according to the Staff report 15 loads are indicated. After speaking to Mr. Bob Duane, of Hole, Montes & Associates, the number of loads has been adjusted to 20 loads per day, he noted. Referring to Stipulation #9, regarding the noise barrier requirement, Mr . Hines stated that this Stipulation has been deleted. Ecologist Kevin Irwin advised that the goal of the project is to work jointly with National Audubon to ascertain that the construction of the pit, and the reclamation of the facility will not have a negative impact on the Sanctuary. He noted that the two major concerns involved are the ground and surface water levels, and the wildlife. He noted that there will not be any pollutant impact , however, the water quality will be monitored for pesticides. He indicated that the Sanctuary has requested that a well monitoring program be tied into their monitoring well network. In regard to the wildlife concerns, Mr . Irwin advised that the Sanctuary has requested that the petitioner design a reclamation around woodstorks and wading birds. He noted that a wading bird area will be constructed prior to construction. Page 14 n ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21, 1988 Mr . Edwards reported that the parcel was used for potato farming for one season, and has been cleared of woody vegetation. He stated that only grasses and weed species remain on site. He noted that Staff is concerned about remnant pesticides remaining on site, and the petitioner should do monitoring in this regard. He stated that NRMD' s major concern is regarding the loca- tion of the project adjacent to Corkscrew Swamp Sanctuary. He stated that the petitioner should be aware of the effects traffic, changes in groundwater quality and flow in the area, lake turbidity, air quality effects, etc. on the myriad species inhabiting the Sanctuary. He stated that adequate measures should be taken to insure that the proposed site alterations will not disturb nearby ecological systems. Mr. Edwards stated that NRMD recommends approval of the petition with standard Stipulations #1 , and #2 , and Stipulations #3 - #11 , and indicated that Staff has no objections to the deletion of Stipulation #9. n Mr . Haywood, adjacent landowner to the east of the project, stated that he is opposed to the project and so are 40 - 50 landowners as indicated on petition disbributed to the EAC. He stated that tests for pesticides should be made prior to the commencement of the project . He stated that of the 15 borings required only 8 have been made, therefore, the job has not been completed. Referring to the aquifer and ground water levels, Mr . Haywood indicated that the amount of water will diminish when the project begins. He noted that noise and traffic will adversely affect the thoroughbred horses of adjacent properties. He then delineated the Excavation ordinance . Ms. Kurgis asked what the effects of noise on woodstorks would be during the nesting period? Mr . Ed Carlson, Manager of the Corkscrew Sanctuary, indicated that presently the effects of noise on the Sanctuary and woodstorks was not definite. However, the woodstork colony is a mile away from State Road 86, which has unli- mited truck traffic, and noticeable effects Page 15 j. , ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 on the storks have not been determined. Since the project will be 1/4 mile away from the Sanctuary, Mr. Carlson stated that significant impacts are not anticipated. Dr. Snyder stated that limerock dust could affect the water quality impacts from the dust forms of calcium carbonates floating around, but in most cases the water is fairly saturated with calcium carbonates, therefore, additional carbon does not degrade the water quality. Mr . Carlson agreed with Dr. Snyder ' s comment that the landowners' concerns are not based on environmental concerns . Project Manager Weeks asked Mr. Carlson if the National Audubon Society would accept the pro- perty after completion of the proposed project? Mr . Carlson responded affirmatively. Dr . Benedict asked if the petitioner would object to adding a Stipulation regarding the pesticides concerns? Mr. Hines advised that he did not object to this stipulation, and to testing being performed prior to commencing the project . Mr . Edwards confirmed for Dr . Benedict that Staff is satisfied with the EIS report . Mr . Burch, however, indicated that he has not had a chance to review the EIS report . Dr. Benedict indicated that the construction of the ponds should be done simultaneous to the construction of the berms . Mr . Irwin explained that the wetland is usually constructed after the water shed, and will pro- bably be constructed at the same time as the pit . He stated that after the parameter berm is constructed, the secondary berm will follow. In response to Dr . Benedict , Mr. Hines reaf- firmed that the petitioner plans to construct the berms first . Mr . Irwin further advised that the Army Corps of Engineers, and the Freshwater Fish & Game Commission have not observed bald Page 16 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 eagles on site. He reiterated that the purpose of the reclamation is to protect the wading birds, and woodstorks in the area. Responding to Dr . Benedict , Mr . Hines stated that the EAC will be provided with the site plan. Referring to Stipulation #5 , Dr. Snyder stated that the words "bi-annual" should be changed to read "twice a year" . MOTION: Made Dr. Benedict to recommend approval of Petition PU-87-26C subject to Staff's recommen- dations, and modifing Stipulations #5, #6, #7, #8 deleting #9, and adding another stipulation. Seconded by Dr. Snyder. Carried 2/1 . (Ms. Kurgis opposed) . COMMENTS: Ms. Kurgis recommended that further wording be added to Stipulation #6 regarding reclamation and native vegetation, and Dr. Benedict incor- porated the following wording to the second sen- tence " reconstruction as well as for other aspects of site restoration, following excava- tion shall be submitted to NRMD and NAS for review and approval" . In regard to the above recommendation for appro- val, Ms. Kurgis stated that she had a problem on making a decision due to the long-term impact the project might have in the area, and suggested that Stipulation #8 be modified as follows: "Petitioner shall pave and continue to maintain the access road, etc . Dr . Benedict did not object to the additional wording. Responding to Dr . Benedict , Mr. Koopman of the Water Management Staff confirmed that the final completion of the proposed excavation is bonded. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Page 17 y t ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegeta- tion to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to n past activities. 3 . Petitioner shall establish a series of (at least six) wells on site to monitor changes in the water levels caused by mining activities. The wells shall be established prior to the commen- cement of any mining operations. Petitioner shall coordinate the sampling regime with the existing National Audubon Society' s (NAS) groundwater monitoring program. Water level results shall be submitted on a weekly basis to NAS to NRMD for review. Should water levels change significantly, as confirmed by NAS, NRMD reserves the right to halt excavation activities until the problem is corrected. 4. Petitioner shall monitor water quality changes caused by mining activities. Water quality parameters to be measured should include, but not be limited to, pH, conductivity, hardness, and chlorides. A complete list of parameters to be monitored shall be submitted to NRMD and NAS for review prior to initiation of the program. Monitoring data shall be submitted on a monthly basis to both NAS and NRMD for review. If water Page 18 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21 , 1988 quality significantly deteriorates, NRMD retains the right to halt excavation activities until the problem is corrected. 5 . Petitioner shall monitor for the presence of residual pesticides in the ground water, prior to the commencement of operations and collected data shall be submitted twice a year thereafter to both NAS and NRMD for review. If significant levels are found, excavation activities shall cease, and the petitioner shall work with NRMD and NAS to develop a clean-up program. If no pesticides or only low levels of pesticides are found after several samplings, the petitioner may discontinue monitoring for pesticides upon approval from both NRMD and NAS . 6 . Petitioner shall construct ponds for woodstorks and other wading birds in the setback areas of the excavation simultaneous with the construc- tion of the parameter swales. Prior to mining activity, the plans for such wetland reconstruc- tion as well as for other aspects of site restoration, following excavation, shall be sub- mitted to NRMD and NAS for review and approval . r ` 7 . The maximum excavation rate shall not exceed 20 l� truckloads per day. If petitioner later wishes to increase the excavation rate, petitioner shall initiate a more detailed monitoring program, which will be submitted to NRMD and NAS for review and approval prior to an increase in excavation activities. The expanded monitoring program will determine the effects of greate excavation on water levels and water quality in the area. 8 . Petitioner shall pave and continue to maintain the access road leading from the site to Immokalee Road. The petitioner shall limit the amount of air-borne dust generated by truck traffic on the dirt section of this road by watering the road during dry periods, adding rock material to the road, or by other means acceptable to NAS, NRMD and other relevant county departments ( i .e. , Engineering and Public Works) . Page 19 - 1.-a- ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 21, 1988 9 . Deleted. 10. Petitioner shall maintain the trucks in optimal working condition to reduce the amount of truck noise. 11 . As agreed with NAS, upon completion of mining activities, the land shall be deeded to Corkscrew Swamp Sanctuary. NRMD agrees with and supports this condition. 12 . These Stipulations shall be specifically stated and included with the site development plan for the project . ***** ITEM: ADDENDA COMMENTS: Due to the rewrite of the Comprehensive Plan, the development of Ordinances that have to be brought into compliance with State requirements, and Staff ' s additional responsibility, Mr . Burch officially requested the support of the EAC . Dr . Benedict advised that he had recently been appointed to a 6-member committee, which will be assisting Staff in the drafting of the required elements. He suggested that Mr. Burch provide the EAC with a copy of the Ordinances for their review and comments. ***** There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY BOARD Mark Benedict , Vice-Chairman Page 20