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EAC Agenda 08/03/1988 ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 3, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD V. OLD BUSINESS VI. PUBLIC HEARINGS A. PU-88-5C: Mr. Richard B. Kepley of Shelter Island Joint Venture, representing Bernard C. Johnson, Trustee; requesting a provisional use "b & e" of RT for a restaurant and marina. B. R-88-6C: Alan D. Reynolds, AICP of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Manufactured Housing Associates, Inc. ; requesting a zoning change from A-2 & A-2 "ST" to PUD - Naples Golf Estates. VII. NEW BUSINESS A. Revision of EAC Standard Stipulation No. 2. VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************************ NOTES: A. Notify the Natural Resources Management Department (774-8454) no later than 5 P.M. on Monday, August 1, 1988, if you cannot attend this meeting or if you will 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. ********** ********** ********** ********** ********** 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** ********** ********** ********** ********** ************************************************************************ MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: July 6, 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT CARDILLO X PROFFITT X BELOW X STEVENS X BENEDICT ABS EDWARDS X KURGIS X BURCH X SNYDER X MINUTES BY: Dalila Mendez, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 9 :35 A.M PRESIDING : John P. Cardillo, Chairman ADDENDA TO THE AGENDA: 1 . Item added by Mr. Cardillo re Dr . Proffitt ' s resignation. 2 . Item added by Ms. Kurgis re an article in the newspaper on Alligator Alley. I Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 6, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD 1. R-88-5C; Alan D. Reynolds of Wilson, Miller, Barton, Soll, & Peek, Inc. , representing Show America Attractions, Inc. ; requesting a zoning change from C-3 to C-5 for a minature golf course. 2. PU-88-12C; Dr. Neno J. Spagna, Florida Urban Institute, Inc. , representing The Shelter for Abused Women of Collier County, Inc. , Barbara Widman, President; requesting a provisional use "6.3) (f)" of RMF-6 for Shelter for Abused Women of Collier County, Inc. 3. R-88-12C; William E. & Mary Ellen Stroble; requesting a zoning change form GC to RSF-3 for a single family residence. 4. PDA-88-6C; Joseph S. Boggs of Bruce Green & Assoc. , Inc. , representing Carl M. Fernstrom, Trustee; requesting a PUD Amendment to Eastridge. 5. PU-88-14C; Bill Griffin, Collier County EMS; requesting provisional use 8-10-B of Ordinance 82-2 for Essential Service - EMS Substation. V. OLD BUSINESS A. R-87-23C; Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Hubschman Associates; requesting a zoning change from E to PUD Edenwood. Continued at petitioner's request. VI. PUBLIC HEARINGS A. PU-88-13C; Joseph S. Boggs of Bruce Green & Associates, Inc. , representing Celebrity Golf Development; requesting a provisional use C of C-4 for a Miniature Golf Course. B. R-88-11C; Dr. Neno J. Spagna of Florida Urban Institute Inc. , representing Anthony F. Jancigar; requesting a zoning change A-2 & A-2 ST to PUD. C. R-88-9C; Michael F. Stephen, Ph.D. of Coastal Engineering Consultants, Inc. , representing Marina South, Inc. ; requesting a zoning change from RMF-6 and MHRP to RO and PUD -- "South- pointe Yacht Club". VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************************ NOTES: A. Notify the Natural Resources Management Department (774-8454) no later than 5 P.M. on Monday, July 4, 1988, if you cannot attend this meeting or if you will 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. ********** ********** ********** ********** ********** 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** ********** ********** ********** ********** ************************************************************************ ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 ITEM: Minutes of June 1 , 1988 and June 15, 1988 MOTION: Made by Dr. Snyder to approve the minutes of June 1 , 1988, with the corrections indicated below and to approve the minutes of June 15, 1988, as presented. Seconded by Ms. Kurgis. Carried 4/0. Page 2 , 2nd paragraph from bottom, the words "small cypress impacted areas" should read "impacted cypress areas" , and the words "clear them and mitigate their loss" should read "or clear them of exotics and mitigate their loss" . Page 6 , second paragraph, the words "Shealso" should read "She also" . ***** PETITION NO: PDA-88-6C, Joseph S. Boggs of Bruce Green & Associates, Inc. representing Carl M. Fernstrom, Trustee; requesting a PUD amendment to Eastridge. COMMENTS: In response to Ms. Kurgis, Mr. Edwards advised that Ms. Muldoon had conducted a site visit to the above mentioned site, and she had verified that it is not a "cypress head" . He noted that there was a mistake in the original PUD docu- ment , and Ms. Muldoon agreed that the language should be changed to "native vegetative area" , as per her memorandum dated May 6, 1988 . ***** PETITION NO: R-88-11-C FILED BY/FOR: Dr . Neno Spagna of Florida Urban Institute, Inc . , representing Anthony F. Jancigar REQUESTING: A zoning change from "A-2" & "A-2 ST" to "PUD" for interchange-related commercial uses for 8 . 87 acres on the south side of Pine Ridge Road, west of I-75 to be known as Pine Ridge Center West PUD. REPRESENTED BY: Dr . Neno Spagna Page 2 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 COMMENTS: Dr . Neno Spagna stated that both he and Mr. Jancigar have read the staff 'report and concur with it . Ms. Stevens described the northwest corner of the parcel as an ST overlay of the designated A-2 zoning. She noted that the bordering road- ways; Pine Ridge Road and Good Earth Drive, have disrupted the historical water flow through this ST area, resulting in considerable lowering of the water table, and subsequent exotic invasion. She noted that only scattered cypress remain in the area; however, slash pines are becoming established in the northwestern corner. She also noted that outside the ST area, the habitat of the northern half of the parcelconsists of a predominance of shrub layer vegetation. She stated that two or three former hedge rows cross the property, and support a dense growth of saw palmetto with gallberry, wax myrtle and small cabbage palms . She noted that the southern half of the parcel supports an open canopy of slash pine with a scattering of small cypress with 4"-6" DBHs. She continued by stating that small islands of palmetto make up the only shrub layer vegetation in this area, with a groundcover dominated by various grasses; some pennyroyal, and St . John' s Wort . Ms. Stevens advised that NRMD recommends appro- val of petition R-88-11C, subject to the four standard stipulations as well as two additional stipulations. In response to Mr. Below, Dr . Spagna said that if any gopher tortoise were seen on site, he would work in conjunction with the Florida Game and Freshwater Fish Commission and the Natural Resources Management Department to protect then. Ms. Stevens advised that there is a stipulation included in the recommendation to protect any gopher tortoise . Ms. Kurgis asked if the cypress would be in the water retention area, to which Ms. Stevens responded that a few of them would be. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-11C subject to the stipulations indicated below. Page 3 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 Seconded by Dr. Snyder. Carried 3/1. (Mr. Below opposed) . 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- 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- A 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 Page 4 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 petitioner shall, where feasible, transplant native shrub and tree species suph as wax myrtle, dahoon holly, and cabbage palm, into landscape areas of the development . 6 . The necessary procedures for gopher tortoise relocation (Florida Game and Freshwater Fish Commission) shall be followed in the event a gopher tortoise is found on site. ***** PETITION NO: R-87-23C FILED BY/FOR: Dr. Neno Spagna of Florida Urban Institute, Inc . , representing Hubschman Associates. REQUESTING: A zoning change from "E" to "PUD" for Edenwood REPRESENTED BY: Dr . Neno Spagna COMMENTS: Ms . Stevens advised that it has been determined that half this property falls under the juris- diction of the Army Corps of Engineers and the/ project is now being reworked. Dr. Spagna advised that he is no longer the agent for the project and would provide a copy of a letter to the Committee stating this. As a result , Mr. Cardillo suggested that this item be taken off the agenda. ***** Page 5 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 PETITION NO: PU-88-13C FILED BY/FOR: Joseph S . Boggs of Bruce Green & Associates, Inc. representing Celebrity Golf Development REQUESTING: A provisional use "C" of "C-4" for a miniature golf course located south of the intersection of U. S . 41 and Rattlesnake Hammock Road consisting of 3 . 9 acres . REPRESENTED BY: Joseph S. Boggs COMMENTS: Mr . Joseph S . Boggs, representing the petitioner, advised that he has walked the site with Mr. Burch and agrees with the staff report. He stated that he does not agree with staff ' s recommendation regarding restoring the historic water level in the remnant cypress habitat area. He indicated that it would be impossible to comply with this request , since this area is proposed to be used in the project 's water management plans. He noted that the site is surrounded by drainage canals on two sides. Mr . Burch confirmed the fact that there are drainage canals on two sides and that the pro- perty is surrounded by development. He noted that the area was formerly a transitional pine/cypress area forest but has recently become stressed by the surrounding development. He noted that the area is moderately invaded by non-native species. He noted that further deve- lopment will not be significant in this area and recommends approval of the petition with the understanding that the historic water level be restored as part of the storm water management designs for the project and that the native epiphytes be relocated within the cypress pre- serve areas. In response to Mr. Cardillo, Mr. Boggs advised that the sale of this property is contingent upon acquiring a provisional use. Mr . Below stated he did not see how the historic water level could be restored and suggested that Stipulation #5 be reworded. He noted that it should state that "it should be designated as a preserve area" in the PUD. Dr. Snyder Page 6 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 expressed his views, and stated that it seems that they are meeting the water management requirements . Mr. Boggs, however, explained that this area is the natural location for the water management area. Dr. Snyder noted that Stipulation #5 , should be re-worded the following way: Storm water management designs shall utilize the remnant cypress habitat that is located in the northeastern corner of the property as a water retention area; this area shall be maintained as a preserve. MOTION: Made by Mr. Below to recommend approval of Petition PU-88-13C subject to the stipulations indicated below. Seconded by Dr. Snyder. Carried 4/0. 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- 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 Page 7 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 . Storm water management designs shall utilize the remnant cypress habitat that is located in the northeastern corner of the property as a water retention area; this area shall be maintained as a preserve . 6 . Native epiphytes, such as air plants (Tillandsia spp. ) or orchids (any ephytic members in the family Orchidaceae) that exist in trees which must be cleared for development shall be relo- cated into compatible host trees within the cypress preserve area. ***** PETITION NO. : R-88-9C FILED BY/FOR: Dr. Michael F. Stephen of Coastal Engineering Consultants, Inc . , representing Marina South, Inc. Page 8 - ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 REQUESTING: A zoning change from "RMF-6" and "MHRP" to "RO" and "PUD" -- "Southpointe Yacht Club" . REPRESENTED BY: Michael F. Stephen, Ph.D. COMMENTS: Dr . Michael F. Stephen, stated that both the petitioner and he are supportive of the staff report, and agree with all the recommendations. He noted that he would like to offer some alter- nate language, however, for stipulation #6. He noted that this stipulation states that "the master plan shall be amended to specifically prohibit on-site fuel facilities" . He said that it would be more appropriate to actually include the language pertaining to fuel facilities in the PUD document itself . He referred to Section 4. 1 . 3 and noted that rather than excluding this option where such services historically have been available, he would propose that this language be placed in the PUD document, and that if at any time in the future fueling facilities might be deemed appropriate at the site, there should be a requirement that specific plans be developed and presented to the NRMD and brought back to the EAC . He noted that at the present time, fuel facilities have not been given any consideration, however, he would appreciate if the language is included in the PUD document for future use. Dr. Proffitt concurred that it would be more appropriate to have a PUD amend- ment to change the language. Mr . Edwards noted that the upland area has been heavily disturbed in the past due to the existence of the fish camp and the latter chan- nel excavation activities. He noted that the area has a few canopy specimens consisting mostly of scattered slash pine, cabbage palm and australian pine. He noted that there are three oak trees in the northern half of the upland area. He noted that red mangroves grow along the northern boundary of the property and the banks of the northern channel . He noted that scattered palmettos and brazilian peppers constitute the understory layer along with several brazilian peppers. He noted that the majority of the vegetation is in the form of a weedy groundcover species which includes grape vine, coast sandspur, ragweed, railroad vine, Page 9 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 dog fennel and assorted graminoids. He noted that the small island in the 'boat basin is also dominated by weedy groundcover species and is lacking in any canopy or understory vegetation. He stated that NRMD' s concern is with the water and sediment quality of the area, and referred to Figure 1 , Appendix 1 , which is the results of the sediment chemical analyses of the boat basin, both channels, and adjacent areas of Naples Bay contiguous to the project site. He noted that the tests specifically looked at con- centrations of several heavy metals as well as monitoring for the EPA' s 610 compounds. He stated that Mr. Max Hatcher of the Collier County Environmental Science and Pollution Control Department reviewed the figures and stated that all of the metals and the hydrocar- bons were within limits set for clean water . He noted that NRMD recommends approval of the peti- tion, and reiterated that the uplands area have been extensively disturbed. He stated, however, that since there are several native canopy spe- cies on site, they should be utilized in the landscape plans. Mr. Edwards said that the concern regarding the fuel facilities are covered under stipulation #6. Mr. Stephen agreed with Dr . Proffitt ' s previous recommen- dation that a PUD amendment would be more appropriate than a stipulation with regards to fuel facilities. He suggested that stipulation #6 should indicate that fuel facilities shall only be allowed by PUD amendment , including con- ceptual plans. Dr . Stephen agreed with Dr. Snyder ' s statement that a PUD amendment would be sufficient , but explained that it would be beneficial to indi- cate that specific plans would be required for the fueling facilities. Mr . Cardillo then repeated the new wording of for Stipulation #6 , however, the words "shall be allowed" were replaced with the following: it will be allowed only by PUD amendment . Responding to Mr . Below, Mr . Stephen expounded that there are 72 boat docks within the County, which will remain the same under the PUD. He noted that there are approximately 12 - 15 Page 10 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 potential single-family lots that would be allowable within the City to 'the west of the PUD. Ms. Kurgis asked if this project has pre- viously been before the Committee? Dr. Stephen responded that this is a separate project , and said that in 1982 they had appeared before the Committee on a separate issue. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-9C with the stipulations as indicated below. Seconded by Dr. Snyder. Carried 4/0. 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- 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 Page 11 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 utilize the existing native canopy species in the landscaping plan. If necessary, and where feasible, individual speci- mens may be transplanted on site. 6 . Fuel facilities for the Yacht Club are not now permitted, but in the event that they are desired at some future date, they will be allowed only by PUD amendment , including the conceptual plans for the fueling facilities. Approval by the EAC does not relieve the deve- lopment from County, State and Federal permits and/or authorizations that may be required. ***** ITEM: Addenda COMMENTS: Mr . Cardillo congratulated Dr. Proffitt on his newly acquired position and wished him well in all his future endeavors. Ms. Kurgis indicated that there was an article in the Naples Daily News regarding the construc- tion of I-75 , the canals and the side slopes Page 12 t ENVIRONMENTAL ADVISORY COUNCIL JULY 6 , 1988 along Alligator Alley and questioned what DOT is doing regarding this matter, •to which Dr. Proffitt advised that they will be checking the side slopes to be sure that they are in compliance with all requirements. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman • Page 13 MEMORANDUM TO: All NRMD Staff FROM: Kate Muldoon, yelopment Compliance Specialist DATE: June 21, 1988 RE: Wording for PUD, rezone and provisional use stipulations Please be advised that the Assistant County Attorney has judged that, in order to stipulate that an area remain a Preserve, the wording should state that "the area shall be a Preserve", rather than "the area shall be preserved". • - A `' � /� ` ' -,,, - P.M FOR: EAC Meeting 8/17/88 .• FROM: Keith Edwards .-: ";-7"._ Natural Resources Technician (....: ~�^ DATE: 12 August 1988 RE: Shelter Island Proposed Monitoring Program _ ___________ ___________ _______ _____________ __ Further research and consultation with other county departments and state and federal agencies has resulted in the following rewording of stipulation #4, as pertaining to the Shelter Island petition (PU-88 58) . 4. Petitioner shall implement a monitoring program to determine the levels of heavy metals derived from the decomposition of anti-fouling paint toxins and petroleum byproducts in the sediments surrounding Shelter Island. The �~� monitoring program will run for five years with the first set of ` tests to be performed prior to any construction activity, therefore providing reference background values. Tests shall be performed at least once a year. If deemed necessary, more frequent testing shall occur if problems develop. At least five sampling sites will be established in the southern bypass channel , in close proximity to the proposed docks, with two control sites established east of the project. Methods for heavy metals will follow the procedures designed by the U. S. Environmental Protection Agency (USEPA, 1982) , including the modifications developed by DER for work performed in saline environments (FDER, 1984) , for arsenic, cadmium, copper, and mercury based on their relationship to natural aluminum concentrations. Petitioner will use an acceptable method for determining petroleum byproduct concentrations, such as the USEPA 610 gas chromatographic method. If no state or federal standards exist for any of the parameters throughout the length of the monitoring program, then the values derived from the pre- construction samples will be used as the reference standards. If a buildup of contaminants is noted, NRMD retains the right to require additional testing. In addition, NRMD would require that petitioner take appropriate actions to correct the problem. These actions may include, but not be limited to: changes in the marina operation, dependent on the parameter in question; identification and removal of the boat (s) that may be causing the problem; investigation of the surrounding marinas if off-site e-. point sources are suspected. Annual reports shall be submitted to NRMD for review and, if necessary, changes in the monitoring program or corrective actions needed to arrest metal enhancement will be implemented. 1 ~ *"^N LITERATURE CITED FDER/ 0M. 1984. Deepwater ports maintenance dredging and disposal manual . Florida Department o+ Environmental Regulation, Tallahassee. USEPA. 1982. Methods for chemical analysis o+ water and wastes. EPA 6O0/4-79-O20. U. S. Environmental Protection Agency, Environmental Monitoring and Support Laboratory, Cincinnati , Ohio. cou'Nk NATURAL RESOURCES MANAGEMENT DEPARTMENT STAFF REPORT EAC MEETING 8/03/88 Petition: PU-88-5C; Richard B. Kepley, of Shelter Island Joint Venture, representing Bernard C. Johnson, Trustee of the Shelter Island Trust ; requesting provisional uses b and e of the RT zoning for a marina and restaurant . Considerations: The area under consideration is a semi-circular piece of property roughly 5.7 acres in size. The parcel is the western most half of an island situated in the Cocohatchee River just east of Wiggins Pass . The site is bordered on the east by e""\ Vanderbilt Drive (S. R. 901 ) and to the north , west , and south by the Cocohatchee River . The Wiggins Pass Marina is on the northern shoreline of the Cocohatchee while the Anchorage condominium is located on the southern shoreline (R25E, T48S, S17) . A site visit was conducted on March 28 by Keith Edwards (NRMD) . Petitioner proposes to construct a restaurant and marina on site, as well as two fifteen story apartment buildings that are permitted under the present zoning classification. The marina plan calls for the establishment of a floating perimeter dock , measuring 6 ' x 1266 ' , with four 4 ' x 16 ' access ramps and forty finger piers four feet in width with lengths ranging from 23 ' to 34 ' . The perimeter dock would run parallel to an existing seawall , which runs along the northern, western, and southern 1 ' . r�~+ Staff Report EAC Meeting 8/03/88 Page 2 shorelines, except at the northeast and southeast corners where riprap revetment is present . Petitioner also proposes to construct 1266 linear feet of riprap revetment at the toe of the seawall , which would require 563 cubic yards of rock . Shelter Island was originally a mangrove fringed deltaic island . However , spoil material derived from the construction of Vanderbilt Drive and the dredging of Wiggins Pass was deposited on this site resulting in the present upland soils of a sand/ shell mixture. The upland vegetation denotes this impacted condition, consisting of early successional , weedy, herbaceous species. Dominant species include ragweed ( Ambrosia artemisiifolia) , dog fennel (Eupatorium capillifolium ) , false camphorweed (Heterotheca subaxillaris) , milkwort ( Polyqala spp . ) and assorted graminoids. No shrub or canopy species occur except around the existing sales trailer . These include three cabbage palms (Sabal palmetto ) , three sea grapes (Coccoloba uvifera) , and several coco plums (Chrysobalanus icaco) . There is no vegetation occurring waterward of the seawall . Moving further into the river from the seawall , the bottom contour drops sharply into deep channels in the southern bypass channel and northern main channel due to past dredging activities . Again, little or no vegetation occurs in these channels. 2 ^ �� Staff Report EAC Meeting 8/03/88 Page 3 Shelter Island is located within the Wiggins Pass/ Lower Cocohatchee ecosystem, a sensitive, estuarine system that is utilized by several protected wildlife species including snook (Centropomus undecimalis) and various wading birds. Due to this situation, several aspects of the proposed development are of concern to NRMD. Specifically, these concerns are: the effects development and increased boat traffic would have on the threatened and endangered species; the possible contamination of the surrounding waters and sediments by leakage of petroleum byproducts; the possible contamination of the same waters and sediments by decomposition of anti-fouling paint toxins , whose input into the area may be increased since boats docked at the marina would have to remain in the water at all times. In order to answer these concerns, petitioner was required to submit an Environmental Impact Statement (EIS) . The Wiggins Pass/ Lower Cocohatchee estuarine system provides valuable nursery and feeding habitat for sport and commercial finfish and shellfish species. The extensive mangrove fringe forests, submerged grass beds, oyster beds, and sand flats west of Shelter Island are also the feeding and breeding grounds for several threatened and endangered species, such as the American Bald Eagle (Haliaeetus leucocephalus) , West Indian Manatee (Trichechus manatus) , and Least Tern ( Sterna albifrons ) . A Department of Environmental Regulation (DER) report on Shelter 3 Staff Report EAC Meeting 8/03/88 Page 4 Island from July 1985 noted numerous least tern sightings and nesting activity . The NRMD site visit found no evidence of least tern activity, possibly due to the time of year that the visit took place. However , least tern absence was further confirmed by Mr . Charles Shumway, then-representative for Shelter Island , who stated that no least terns had been seen on the island since 1986. Due to this change in the least tern status, NRMD required that the EIS specifically address these changes as a follow-up to the DER study . Least terns nest in open, sandy habitats, which were previously present on Shelter Island . Since 1985, the weedy herbaceous species have spread to cover the entire island , eliminating any open areas. Thus, the loss of nesting habitat probably caused the ensuing absence of least terns. Manatees still utilize the estuarine system and would possibly be affected by increased boat traffic in Wiggins Pass. Therefore, appropriate precautions would have to be instituted by the petitioner and boat-owning residents of the development in order to lessen this impact . No eagle nests were located within a 0.5 mile radius of the site. No deleterious effects should occur to bald eagles by construction of this development . Recommendations: NRMD is most concerned with the effects that development and increased boat traffic would have on the water and sediment quality of the adjoining estuarine system, and on the wildlife that utilize this system. DER expressed these same concerns in 4 Staff Report EAC Meeting 8/03/88 Page 5 its 1985 report . Although no fuel facilities will be allowed on site, as stipulated in the DER permit (#111000635) ( see Appendix 1 ) , any boats that anchor at the proposed marina would have to remain in the water at all times, since dry storage is also prohibited . This raises the possibility of contamination of the surrounding waters and sediments by the decomposition of anti- fouling paint toxins. Petitioner has agreed to a five-year monitoring program to determine if contamination does occur . Petitioner has also agreed to implement certain boating precautions in the area so to protect the manatees from increased boat traffic . DER has further stipulated that mitigative �••. planting of 18" mangroves, with an 8O% survival rate over a three Year period , be conducted along the proposed riprap waterward of the existing seawall . NRMD agrees with the DER stipulations and adopts them as further NRMD stipulations. Considering the previously stated points, NRMD recommends approval of petition PU-88-5C with the following stipulations: 1-3. Standard stipulations 2-4 as adopted by the EAC on 4/ 1/87. 4. Petitioner shall implement a monitoring program to determine the levels of petroleum byproducts and anti- fouling paint toxins in the waters and sediments e""N surrounding Shelter Island . In addition, petitioner shall monitor turbidity levels in the water column. This 5 Staff Report EAC Meeting 8/03/88 Page 6 monitoring program shall run for five years with the first tests being performed prior to commencement of any construction activity. Water quality tests shall be performed on a bimonthly basis with sediment tests performed annually. Annual reports shall be submitted to NRMD for review and approval . NRMD will retain the right to require additional testing if a buildup of any of these contaminants is noted . 5. NRMD agrees with and adopts the DER stipulations as ~�~ expressed in DER permit #111000635. 6. Petitioner shall install and maintain signs at the four access ramps that are designed to inform, educate, and warn boaters of shallow waters, environmentally sensitive areas, and the possible presence of protected species; information on protected species should include, but not be limited to , the West Indian Manatee (Trichechus manatus) and the American Bald Eagle (Haliaeetus leucocephalus) . The signs and their posting shall be subject to the review and approval of NRMD. Prepared by: �� `~- Date: -�/ �-k^/ �� " Reviewed by: ~ / /=r'_-1'— ~ Date: ~ Ay. .; 111 -- �jam" - STATE OF FLORIDA Il DEPARTMENT OF ENVIRONMENTAL REGULATION SOUTH FLORIDA �y�`<� BRANCH OFFICE z, d BOB GRAHAM GOVERNOR 7451 GOLF COURSE BOULEVARD iii PUNTA GORDA, FLORIDA 339549359 I'1�If ��►, P VICTORIA J.TSCHINKEL IR `104,, SECRETARY OF Rid III PERMITTEE: Charles Shumwa Y PERMIT/CERTIFICATION c/o William J. Johnson NO. 111000635 1250 Tamiami Trail North Suite 203-B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 IIIEXPIRATION DATE: July 31, 1989 .4► COUNTY: Collier 1111. LATITUDE/LONGITUDE: 26° 16' 55" N 1111 81° 48' 10" W SECTION/TOWNSHIP/RANGE: III 17 48S 25E PROJECT: Multi-family Docking Facilities 1111 This permit is issued under the provisions of Chapter(s) 403, Florida Statutes, IIIand Florida Administrative Code Rule(s) 17-3, 17-4, and 17-12. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings(s), plans, and other documents attached III hereto or on file with the department and made a part hereof and specifically described as follows: 11 Construct a floating perimeter dock measuring 6' x 1266' with four (4) 4' x 16' access ramps and forty (40) finger piers 4' in width, lengths varying from 23' to 111 34' ; construct 1266 linear feet of riprap revetment at the toe of an existing seawall, requiring the deposition of 563 cubic yards of rock; and plant mangrove illseedlings in the revetment within the Cocohatchee River (Class III Waters), a natural, navigable waterbody within Section 17, Township 48 South, Range 25 East, Collier County. TIIII DER Form 17-1.201(5) Page 1 of 6 r-- Effective November 30, 1982 (: • PERMITTEE. Charles Shumway PERMIT/CERTIFICATION c/o William J. Johnson NO. 111Q00635 1250 Tamiami Trail North Suite 203-B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 1111 EXPIRATION DATE: July 31, 1989 GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions" and as such are binding upon the permittee and enforceable pursuant to the authority of Section 403.161, 403. 727, or 403.859 through 403.861, Florida Statutes. The permittee is hereby placed on notice that the department will review this permit periodically and may initiate enforcement action for any violation of the "Permit Conditions" by the permittee, its agents, employees, servants or 1111 representatives. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any 1111 unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the department. 3. As provided in Subsections 403.087(6) and 403.722(5), Florida Statutes, the issuance of this permit does not convey any vested rights or any 1111 exclusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. This permit does not constitute a waiver of or approval of any other department permit that may be required for other aspects of the total project which are not addressed in the permit. 4. This permit conveys no title to land or water, does not constitute state 1111 recognition or acknowledgememt of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the state. Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title. 5. This permit does not relieve the permittee from liability for harm or U injury to human health or welfare, animal, plant or aquatic life or property and penalties therefor caused by the construction or operation of this permitted source, nor does it allow the permittee to cause pollution in contravention of Florida Statutes and department rules, unless specifically authorized by an order from the department. 6. The permittee shall at all times properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit, as required by department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by department rules. DER Form 17-1.201(5) Page 2 of 6 Effective November 30, 1982 a ft PERMITTEE: Charles Shumway PERMIT/CERTIFICATION c/o William J. Johnson NO. 111000635 1250 Tamiami Trail North Suite 203-B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 !II EXPIRATION DATE: July 31, 1989 7. The permittee, by accepting this permit, specifically agrees to allow authorized department personnel, upon presentation of credentials or other !Ill documents as may be required by law, access to the premises, at reasonable times, where the permitted activity is located or conducted for the purpose of: ;1111: a. Having access to and copying any records that mtxst be kept under the conditions of the permit; b. Inspecting the facility, equipment, practices, or operations regulated or required under this permit; and c. Sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with this permit or department ., i rules. Reasonable time may depend on the nature of the concern being P investigated. 011 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the . permittee shall immediately notify and provide the department with the following information: 1111 a. a description of and cause of non-compliance; and b. the period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the OP non-compliance. MIThe permittee shall be responsible for any and all damages which may result and -may be subject to enforcement action by the department for penalties or revocation of this permit. III 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source, which are submitted to the 0101 department, may be used by the department as evidence in any enforcement case arising under the Florida Statutes or department rules, except where such use is proscribed by Sections 403.73 and 403. 111, Florida Statutes. PR 10. The permittee agrees to comply with changes in department rules and Florida Statutes after a reasonable time for compliance, provided however, the permittee ill does not waive any other rights granted by Florida Statutes or department rules. 11. This permit is transferable only upon department approval in accordance with Florida Administrative Code Rules 17-4.12 and 17-30.30, as applicable. The ar permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the department. illDER Form 17-1.201.(5) Page 3 of 6 Effective November 30, 1982 i _, ( c PERMITTEE: Charles Shumway PERMIT/CERTIFICATION c/o William J. Johnson NO. 111000635 1250 Tamiami Trail North Suite 203-B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 EXPIRATION DATE: July 31, 1989 1111 12. This permit is required to be kept at the work site of the permitted activity during the entire period of construction or operation. la13. This permit also constitutes: U ( ) Determination of Best Available Control Technology (BACT) ( ) Determination of Prevention of Significant Deterioration (PSD) (X) Certification of Compliance with State Water Quality Standards (Section 401, PL 92-500) III ( ) Compliance with New Source Performance Standards 14. The permittee shall comply with the following monitoring and record keeping III requirements: a. Upon Request, the permittee shall furnish all records and plans required under department rules. The retention period for all records will be extended U automatically, unless otherwise stipulated by the department, during the course of any unresolved enforcement action. a b. The permittee shall retain at the facility or other location designated by s permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation), copies of all reports required by this permit, and III records of all data used to complete the application for this permit. The time period of retention shall be at least three years from the date of the sample, measurement, report or application unless otherwise specified by department III rule. c. Records of monitoring information shall include: IIIthe date, exact place, and time of sampling or measurements; the person responsible for performing the sampling or measurements; the date(s) analyses were performed; III the person responsible for performing the analyses; the analytical techniques or methods used; and the results of such analyses. III15. When requested by the department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine 111 compliance with the permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the department, such facts or information shall be submitted or corrected promptly. III DER Form 17-1.201(5) Page 4 of 6 Effective November 30, 1982 I S • Ikr • Ii PERMITTEE: Charles Shumway PERMIT/CERTIFICATION c/o William J. Johnson NO. 111000635 lit 1250 Tamiami Trail North Suite 203—B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 EXPIRATION DATE: July 31, 1989 II SPECIFIC CONDITIONS: 1. The permittee is hereby advised that Florida law states: "No person shall II commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department 111 of Natural Resources under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed III use." Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense. III 2. Turbidity screens shall be utilized and properly maintained during the permitted construction and shall remain in place until any generated turbidity subsides. r 3. The Punta Gorda Department of Environmental Regulation office shall be f' notified in writing 48 hours prior to commencement of work and upon completion of work. 4. No live—aboard boats shall be allowed. 5. No fuel facilities nor storage shall be allowed at the project. 6. - •rmative signs on proper boating techniques in manatee inhabitated waters ',all be provided at the docking facility. 11 7 The m tigation zone in the proposed riprap revetment shall consist of potted 18' m nimum height red mangrove (Rhizophora mangle) seedlings anchored at 5 foot intervals along the toe of the bulkhead. A survivorship of 80% over 3 -rs shall be required. Natural recruitment of mangroves and other wetland la plant species to the revetment and planting zone shall be allowed. • 8. The permittee shall, in coordination with the proper agencies, and adjacent 1111 reparian dockage, establish a no wake/idle speed zone around the project site. 10. Annual monitoring reports, with color photographs, detailing the quantitative and qualitative success of the mitigative mangrove plantings ® shall be submitted to the Punta Gorda DER office annually for three years. In the event the survival period extends beyond the permit expiration date, the permittee shall submit an agreement to the Punta Gorda DER office 1111 evidencing a continuing obligation to ensure the three year survival period beyond the expiration date. 11. The project shall comply with applicable State Water Quality Standards, III namely: 17-3.051 — Minimum Criteria for All Waters at All Times and All Places. 17-3.061 — Surface Waters: General Criteria. 17-3.121 — Criteria — Class III Waters — Recreation, Propagation and IIIManagement of Fish and Wildlife: Surface Waters. III E eccivelNovember530, 1982 Page 5 of 6 • c . PERMITTEE: Charles Shumway PERMIT/CERTIFICATION c/o William J. Johnson NO. 111000635 1250 Tamiami Trail North Suite 203—B DATE OF ISSUE: August 12, 1986 Naples, Fl. 33940 EXPIRATION DATE: July 31, 1989 U Issued this 12th day of August 1986. STATE OF FLORIDA 8 Pages Attached DEPARTMENT OF ENVIRONMENTAL REGULATION 0111 Philip R. Edwards District Manager 1111 PRE/yr 1111 cc: Florida Marine Patrol Grant Gelhardt, DNR Collier Co. Property Appraiser 11111 United States Army Corps of Engineers U I/IU m I Effect1vvelNovembe=530, 1982 Page 6 of 6 1t1_Z v-� k. • v i !I...11.0/"--.11 -ftstr .dm, Florida Department of Environmental Regulation ,, , i ,,, .P South District • 2269 Bay Strcct • Fort Mycrs, Florida 33901-2896 • 813-332-2667 Nq, �� „��PI \� Bob Martinez. Governor Dale 7Wachtmann, Sccrctary John Shearer, Assistant Sccrctary l`OF FIOR Philip Edwards,Deputy Assistant Sccrcury II June :9, 1.989 TommT I .. • . . , ,• , . . . . . • JUN, .12 1989 , Mr. Charles Shumway _ ii c/o Richard B. Kepley .. - Dept of ivatvi . rigs• ;:ices 511 Shelter Island Joint Venture Div. of State Lands Southwest Post Office Box 2288 Florida Field Office IBonita Springs, Florida 33959 . a . Modification to •Conditions RE: Collier County - WRR III • Permit #111000635 Dear Mr. Shumway: - IIIWe are in receipt of your request for a modification of the permit conditions. The conditions are changed as follows: . III Condition From To Expiration Date July 31 , 1989 August 12, 1991 • I/I This letter must be attached to your permit and becomes a part of that permit. All other general and specific conditions of the permit shall remain unchanged. III This letter constitutes final agency action unless a person substantially IIIaffected by this action requests an administrative hearing pursuant to Section 120.57, Florida Statutes. The petition must be filed within fourteen (14) days from receipt of this letter. The petition must comply with the requirements of Florida Administrative Code Rule 28-5 .201 and be filed pursuant to Rule M17-103 .155( 1) in the Office of General Counsel of the Department of Environmental •-- Regulation at 2600 Blair Stone Road, Tallahassee, Florida 32301-8241 . Petitions which. are not filed in accordance with the above provisions will not be accepted III by the Department. If a formal proceeding pursuant to Section 120.57(1) is MIR requested, at such formal hearing all parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct IIIcross-examination of witnesses and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to any order or hearing - officer's recommended order, and to be represented by counsel. If an informal U • Mgt r XII DER File No. 111000635 June 9, 1989 Page Two . 11111 _proce,ding_is requested, the agency will, in accordance with its rules of iii ,'' procedure, give affected persons or parties or their counsel an opportunity, at a ,convenient time and 'place, to present to the agency or hearing officer written or oral evidence in opposition to the agency's action or refusal to act, or a 1111 ' written statement challenging the grounds upon which the agency has chosen .to . justify i'ts 'action or inaction, pursuant to Section 120.57(2), Florida Statutes. The hearing process is designed to formulate agency action. Accordingly, the Department's final action as a result of a hearing may he different from the lig position taken by it in this stage. Therefore, any person who may wish to contest the Department's ultimate permitting decision must petition for hearing within the fourteen day period described-above. Failure to file a request for IIIhearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Section 120.57, Florida Statutes . IIISincerely, 4111! I Philip R. dwards • Deputy Assistant Secretary . IIIPRE/JA/ds Enclosure I I . , i Copies to: Collier County Property Appraiser • rn _Department of Natural Resources, .Fort Myers Florida Marine Patrol, Fort Myers United States Army Corps of Engineers, Tampa U . I • 1 • . • . . I . . . • . . . . . . III , , . _ ._ . __ 1111. ill . I. ._ • y ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 ***** PETITION NO. : PU-88-5C FILED BY/FOR: Richard B. Kepley of Shelter Island Joint Venture , representing Bernard C . Johnson, Trustee , of Shelter Island Trust (Continued from 8/3/88 ) . REQUESTING: A provisional use "b" & "e" of RT for a restaurant and marina located on the western most half of an island situated in the Cocohatchee River just east .of Wiggins Pass. COMMENTS: Mr . Edwards stated that following the direction ' of the Committee at their meeting held on August. 3 , 1988 , to design a conceptual water quality monitoring program for the above mentioned pro- ject , he has revised Stipulation #4 and has delineated the type of testing that the peti- oeo tioner should perform in the area. He noted that this program would determine decomposition of anti-fouling paint toxins , and petroleum by-products levels in the waters. He stated that these tests would indicate if contamination of the waters would occur or would be occurring from the establishment of the marina in the area. He advised that he had specifically listed Staff ' s recommendations as to where the sampling sites should be established; methods to 110 be utilized for paint toxins ; recommendations on ways to determine levels of petroleum by- products , and steps the petitioner should follow if the water sampling showed an increase in paint toxins or petroleum by-products . Mr . Edwards further advised that Biologist Godfrey concurs with his recommendations of the water quality monitoring program. Mr . Burch advised that the Department of Environmental Regulation (DER) is in the process of determining standards that may be acceptable as levels of certain heavy metals and other toxins and sediments . He also stated that the • Environmental Protection Agency (EPA) is also researching to determine acceptable levels of heavy metals . Since the proposed standards are ;It k Page 3 1 r ENVIRONMENTAL ADVISORY COUNCILAUGUST 17 , - 1988 `` in the processing stages, he suggested that the 1 background measurements obtained before construction be utilized for this site . DER has a publication which delineates recommendable I- analysis which the petitioner can use as a , guideline , he added. ' r Referring to the background measurements, Mr . Below asked if a threshold existed, to which Mr . Burch responded that he was not aware of any ' ,- threshold existing. He added that if the con- centrations are exceeded from the present con- centrations , further testing on site would be 1 . _. recommended to the proposed five-year monitoring program. Dr . Snyder concurred with Mr. Below' s statement , and added that a reference background value per- centage should be determined. Mr. Below added that after reviewing the monitoring program, it was apparent that time schedules for when the water sampling would be performed were not indi- Ji_ cated. ill In regard to Stipulation #4 , Dr . Benedict recom- mended the following changes: Petitioner shall implement a statiscally defi- ned water quality and sediment monitoring program to determine potential water quality impacts of the project , particularly to storm water, and the levels of etc. He added the following words after the words III "therefore "water quality samples taken at low slack tide shall be performed bi-monthly and sediment tests shall be performed at least once III a year . He amended "Methods for water quality sampling and the methods for heavy metal , etc . " He amended the words "will be used as the III reference standards" to read "if compared to initial ambient levels , water quality degrada- tion occurs or if there is a build-up of sedi- ment contaminants NRMD retains the right to R require additional testing which could exceed the five year time period. He amended the second to last sentence of Stipulation #4 to a Page 4 I Ili 4 • ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17 , 1988 read "water quality degradation radation and metal con- tamination will be implemented" . The Committee then had a lengthy discussion about their concerns about standards for heavy metals, and sediment levels in the water . Biologist Godfrey representing the petitioner , advised that there are specific standardsin the Florida Administrative Code for heavy metals . In response to Dr . Cardillo , Dr. Snyder advised that any increase in the pre-existing conditions lit in the heavy metals should be given serious con- sideration. Biologist Godfrey then read the definition of "natural background", and "background" as defined in Chapter .17 . 3 , of the Florida Administrative Code, regarding water quality standards . Mr . Below, however, stated that what the Committee was trying to determine was a standard which would indicate a specific proportion should there be an increase in heavy metals, and what proportion of that increase would result in action by the different agencies who have juris- diction. Mr . Cardillo referred to the definitions in the water quality regulations, and stated that out of the 25 sub-sections, statistics are indicated for three. He noted that the term for acute toxicity and chronic toxicity could probably be used as standards . Mr . Below stated that these two terms gave relative levels of toxicity. After further discussion, Dr . Benedict proposed the following addition to Stipulation #4 : NRMD review and approve modified or disapprove a detailed monitoring program, prior to any pre- construction sampling. The program shall speci- fically define all procedures and standards to be used based upon existing Federal and State methods . Where such methods are not available , appropriate and defendable standards shall be proposed by the petitioner and reviewed and agreed upon by NRMD . No site construction can occur before the monitoring program is approved. Page 5 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17 , 1988 1111- Environmental Science and Pollution Control Director Lorenz , stated what has been discussed could be interpreted as an 'overall policy that could be developed into some statement of recom- mendation for handling future monitoring programs on proposed projects . Mr . Lorenz stated that Staff could develop appropriate methodology policy proposal for monitoring pro- jects that the EAC can utilize as a guideline, and the wording of such a proposal can either be incorporated into the Comprehensive Plan or approval can be obtained from the Board of County Commissioners to utilize such a policy instead of standard stipulations . He noted that the scientific and technical issues can be debated in this manner, thus making a sound determination- on future petitions. l'lIll1il1ilI1lIi MOTION: Made by Ms. Kurgis to recommend approval of Petition No. PU-88-5C with the following Stipulations and with "New" Stipulation 44, as modified. Seconded by Dr . Benedict . Carried 5/0. 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 per- mit 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 ill 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 Ilk - 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 .-. • 111 . , Page 6 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17 , 1988 • 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 . Petitioner shall implement a statiscally defined water quality and sediment monitoring program to determine potential water quality impacts of the project of the levels of heavy metals derived from the decomposition of anti-fouling paint toxins and petroleum by-products in the sedi- ments surrounding Shelter Island. The moni- toring program will run for five years the first set of tests to be performed prior to any construction activity, thereafter water quality samples taken at low slack tide shall be per- formed at least once a year . At least five sampling sites will be established in the southern by-pass channel , in close proximity to the proposed docks, with two control sites established east of the project . Methods for water quality sampling and methods for heavy metals will follow the procedures designed by the U. S . Environmental Protection Agency (USEPA, 1982 ) , including the modifications developed by DER for work performed in saline environments, (FDER, 1984) , for arsenic, cadmium, copper, and mercury based on their relationship to natural aluminum concentrations . Petitioner will use an acceptable method for determining petroleum by- product concentrations, such as the USEPA 610 gas chromatographic method. If no State or Federal standards exist for any of the parame- Page 7 11 • , • ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 ters throughout the length of the monitoring program, then the values derived from the pre- i construction samples will be used if compared to initial ambient levels , water quality degrada- tion occurs or if there is a build-up of sedi- ment contaminants NRMD retains the right to require additional testing which could exceed - the five year time period. NRMD review and approve modified or disapprove a detailed moni- toring program, prior to preconstruction sampling. The program shall specifically define all procedures and standards to be used based upon existing federal and state methods . Where such methods are not available, appropriate defendable standards shall be proposed by the petitioner and reviewed and agreed upon by NRMD. No site construction can occur before the moni- toring program is approved. 5 . NRMD agrees with and adopts the DER stipulations as expressed in DER permit #111000635 . 6 . Petitioner shall install and maintain signs at the four access ramps that are designed to -- inform, educate , and warn boaters of shallow waters , environmentally sensitive areas , and the ii possible presence of protected species ; infor- mation on protected species should include, but not be limited to , the West Indian Manatee (Tribe manatus) and the American Bald Eagle (Haliaeetus leucocenhalus} . The signs and their posting shall be subject to the review and approval of NRMD. ill ' s::*s , lill , . . ill _ ill V -- t " ^ �� • MEMORANDUM Date: 13 August , 1988 To: EAC members From: James N. Burch , Acting Supervisor , Natural Resources Management Department (NRMD) Reason: Rezone petition for Naples Golf Estates (R-88-6C) . At the last EAC meeting (8/3/88) , • a final evaluation for Naples Golf Estates rezone petition (R-88-6C) was not determined by the EAC, pursuant to NRMD ' s recommendation for denial of the petition. At their direction, EAC representatives met on the site of the proposed rezone with the petitioner and NRMD. With advice from the EAC members present and additional information from the petitioner , NRMD proposes the following stipulations specific to petition R-88-6C. NRMD feels that these stipulations would be appropriate if the EAC moves to approve this petition. ^'`S Stipulations to be considered for Naples Golf Estates PUD: ' 1-4. Standard stipulations 1-4. 5. All areas that shall be preserves (areas to be maintained as preserves) on the Master Plan, must be flagged by the petitioner prior to any construction in the adjacent area; these boundaries shall be subject to the review and approval of Natural Resources Management Department . Similarly, ecotonal areas shall be identified and reviewed by NRMD prior to approval by The Collier County Board of Commissioners. These areas are to be recognized as areas requiring a higher level of review prior to final site development approval , and subject to mapping and field adjustment . As part of final site development approval these adjustments to ecotonal boundaries shall be recorded as boundaries of the preserve areas. 6. Uses of ecotonal habitats that are determined not to be within the preserve areas shall be restricted to limited development such as golf course roughs, passive recreation, or residential yards. Residential areas that contain such ecotonal habitats shall be subject to deed restrictions that will include these areas within the building setback limits, and allow no land clearing, filling , or sodding in these designated areas. /-"N 7. Residents shall take special means to preserve extant biological communities (exclusive of toxic plants or venomous animals) . Deed restrictions shall mandate a minimum of clearing of native vegetation on residential lots, and that a County Tree 1 _ ' '- . '-N Removal Permit be obtained by the lot owner prior to land clearing . B. The "aqua-range" water management excavation as depicted on the site plan shall be designed and constructed in a manner that is accommodating to the existing cypress wetlands. Shorelines shall reflect this in design to retain existing cypress wetland habitats. | he intact viable cypress wetland in the center of this water management feature shall be maintained as a habitat island . 9. The petitioner shall design, construct , and maintain a water management plan that will restore historic water levels and hydroperiods in the project water retention and preserve areas. The feasibility of this restoration shall be documented by engineering design and calculations, subject to the review and approval of NRMD and the County engineering department . NRMD will work with the petitioner to help in the design and recreation if natural surface water flow. 10. To maintain aquifer recharge and natural surface water sheetflow, • all surface water management shall be achieved on site. Surface water shall not be discharged into the 951 drainage canal on the western boundary of the property , or into its tributaries. ,~N 11 . As much as is practical and possible of the upland oak hammock and adjacent cabbage palm hammock in the north central area of the tract , as identified on site, shall remain as a preserve area. The palm hammock south of the proposed commercial area, as identified on site and by aerial photograph , shall similarly be preserved intact . The physical limits of these hammocks shall be identified by the petitioner , and shall be subject to the review and approval of NRMD. 12. To increase biological productivities and enhance habitat values, side slopes of lakes adjacent to preserve areas shall be designed and constructed at a pitch of 10: 1 to a depth of three feet below mean low water . Other lake side slopes shall be designed and constructed at a pitch of 4: 1 to a depth of three feet below mean low water . Lake margins shall be adequately planted with compatible littoral and emergent native plants, to help restore native littoral habitat . 13. The petitioner shall design and implement a program to prevent or minimize populations of noxious/exotic aquatic plants in the water management systems. These species should include, but not be limited to , hydrilla (Hydrilla verticillata) and water hyacinth (Ei0hhpEn0 gT:ilKssipeg.) . This program shall be subject to the review and approval of NRMD. 14. The petitioner shall be responsible to provide a survey for '"N. the presence and distribution of protected species, subject to NRMD review and approval , prior to approval of the subdivision master plan. The survey shall encompass any species on the latest edition of the Florida Game and Fresh Water Fish 2 ' + � . /—N. Commission ' s "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , specifically the gopher tortoise (Ggphenvs [lolyphemus> and the red-cockaded woodpecker (PicOdPs. b2[e:ali§.) . If warranted , project designs will be adjusted and/ or individuals and/ or populations of protected plants and animals will be relocated to the preserve areas or other appropriate areas approved by NRMD. 15. An archaeological survey shall be conducted by qualified personnel , subject to approval by NRMD, prior to approval of the subdivision master plan. If warranted , project designs will be adjusted to save any existing historic or archaeological sites, or the artifacts carefully removed and saved as per accepted archaeological field practices. Adjusted project designs and/ or removal of artifacts shall be subject to approval by NRMD. 16. The four upland islands in the eastern third of the site shall not be developed , but shall remain as habitat islands within that preserve area. 17. Any access structures that must be placed within preserve areas of the project shall provide sufficient water flow beneath the structure to minimize water impoundment and obstruction of natural water flow through the preserve area. Road and path construction throughout the project shall be designed and constructed at a minimum width , as determined by good road /..1 construction standards, to minimize destruction of existing habitat . 18. The petitioner shall design and implement proper culvert or breach points in the existing powerline easement to help restore historic surface flow patterns through the western part of the project . NRMD will work with the petitioner to obtain permission from the utility company that possesses this easement for construction of these structures. 19. Final alignment of all structures, configuration of water management excavations, roads, etc . shall be subject to minor field adjustments to preserve valuable existing habitat elements. 20. The petitioner and the Natural Resources Management Department shall cooperate on the final layout of the golf course, in an attempt to produce habitat compromise that is acceptable to both parties. Prior to construction, golf holes and fairways will be field staked by the petitioner and subject to review and approval of the Natural Resources Management Department . The petitioner and NRMD will cooperate in the final layout of the golf course in any areas where it invades the wetland or ecotonal wetland areas, to result in a course design that minimizes impact on these habitats, subject to good golf course design. The petitioner shall make reasonable field em\ adjustments of the golf course to minimize habitat destruction to the extent practicable and consistant with good golf course design. 3 n NATURAL RESOURCES MANAGEMENT DEPARTMENT (NRMD) STAFF REPORT FOR EAC MEETING 8/3/88 PETITION: Alan D. Reynolds, AICP, of Wilson, Miller, Barton, Soll and Peek, Inc. , representing Manufactured Housing Associates, Inc. , W. Craig Voight, President; requesting a zoning change from A-2 and A-2 ST to PUD for a residential and commercial development ( "Naples Golf Estates" ) . CONSIDERATIONS: 1 . Location The area under consideration for rezoning is a 614 acre parcel (approximately one square mile or almost an entire section) located southeast of the intersection of C.R. 951 and Old S.R. 84 (S2, T50S, R26E) . The Toll Plaza RV Park (20.5 acres, R-83-31 ) and the East Toll Plaza RV Resort ( 19.7 acres, R- 85-11C) are located to the east of the parcel , adjacent to undeveloped agriculturally-zoned (A-2) land with pockets of wetlands that have been assigned ST zoning overlays. A similar agriculturally-zoned (A-2) area with scattered ST overlays is located south of the subject property. The parcel is bounded on the north and on the west by Old S.R. 84 and C.R. 951 , respectively. A map of the surrounding land uses is included as Attachment 1 . The site was inspected on May 26, 1988 by Andrea Stevens and Keith Edwards (both of NRMD) , accompanied by Robin Trutwin (Wilson, Miller , Barton, Soll and Peek, Inc . ) and Ray Link (Environmental Consultant) . Several subsequent site inspections were conducted by NRMD staff during the following 7 weeks. 2. Proposed Development The petitioner is requesting a rezoning of the parcel from A-2 and A-2 ST to PUD for a residential and commercial development to be known as "Naples Golf Estates" . The development will have a project density of 1 .3 units per acre with 790 dwelling units (single and multi-family housing) . Approximately 50% of the property area will be designated as "Conservation and Open Space" , as defined by the petitioner in the rezone application materials. Other proposed land uses include an 18-hole golf course and Recreation and Community Center (78 acres) , water management areas (dredged lakes; 87.5 acres) , right-of-ways ( 15 acres) , a commercial site (9.9 acres) , and a sewage treatment facility (4 acres) . The petitioner is estimating a 7-year build-out period for the project. • ' Staff Report R-88-6C EAC Meeting 8/3/88 Page 2 3. Vegetation Species lists are included as Attachment 2, and the NRMD vegetation map is included as Attachment 3. CYPRESS DOMINATED WETLANDS Approximately 54/. (333 acres) of the total project area has been claimed as jurisdictional wetlands by the Florida Department of Environmental Regulation (DER) . This jurisdictional assessment was completed in January of 1986. Three areas on site are included within these juridictional limits: 1 ) most of the eastern half of the parcel (approximately 218 acres) ; 2) a smaller wetland along the southern property boundary (approximately 23 acres) ; and 3) an area near the northwest corner of the site (approximately 92 acres) . The first two areas of DER wetlands (most of the eastern half of the parcel and an area near the southern property boundary) are dominated by hatrack cypress (Taxodium distichum) in an open prairie-like biotope, with low to mid-size cypress ( 10-20 feet in height) with diameters (DBHs) of up to 7 inches. Slash pine (Pinus elliottii ) are noted infrequently (5-107. of the canopy) among the cypress, and shrub layer vegetation includes wax myrtle (Myrica cerifera) and corkwood (Stillinqia aquatica> . Groundcover in this biotope is made up of various prairie grasses and sedges, swamp fern (Blechnum serrulatum) , rush (Juncus bakerii ) , with scattered St. John' s Wort (Hypericum fasciculatum) . Distinct cypress sloughs or heads are difficult to delineate in these two wetland areas, although such hatrack cypress prairies may have been sloughs in the past. Very few cypress seedlings are noted in these areas, probably as a result of the poor soil conditions or shortened hydroperiods which would preclude seed germination. The northwest wetland area is more characteristic of a cypress head. This biotope is dominated by a nearly closed canopy of cypress trees with diameters of up to 10 inches. Scattered slash pines range in size from saplings to older trees, still within the understory layer. Shrub and groundcover vegetation similar to that of the prairie cypress biotope is found in this cypress head wetland. Peripheral areas of the biotope are heavily infested with the noxious exotic melaleuca (Melaleuca quinquenervia) . The vegetative associations found in both types of cypress dominated wetlands are indicative of seasonally inundated areas. Lichen and moss growth is consistently noted on cypress buttresses, with water marks of up to 14 inches. Present day hydroperiods in these areas are considerably shorter than historical inundation seasons. • Staff Report R-88-6C EAC Meeting 8/3/88 Page 3 Underlying soils in the DER wetlands include Arzell Fine Sand, Pompano Fine Sand, and Cypress Swamp Soil . These soils are poorly drained and have limited water storage capabilities. BUTTONBUSH/ALLIGATOR FLAG PONDS Several topographic depressions are found within the DER wetland boundaries. These biotopes support a dense growth of buttonbush (Cephalanthus occidentalis) with some red maple (Acer rubrum) , saltbush (Baccharis halimifolia) , and various annual weeds. Coastal Plain willow (Salix caroliniana) forms a boundary around these lower areas, and is scattered among the buttonbush. Pockets of alligator flag (Thalia qeniculata) identify areas that undergo lengthy periods of seasonal flooding. A dense thicket of the noxious exotic Brazilian pepper (Schinus terebinthifolius) separates the surrounding cypress wetlands from these ponded biotopes. In addition, large cypress trees ( 10" in diameter and greater ) and rotted cypress stumps (up to 24" in diameter, and possibly logged in the past) are found around the perimeter of these depressions. Soils underlying the buttonbush/alligator flag ponds are predominantly Cypress Swamp soils, which are characterized by slow drainage and extended periods of inundation. MIXED CYPRESS/PINE WETLANDS Subsequent to the construction of the C.R. 951 canal and a Florida Power and Light easement (poorly culverted) through the property, a lowering of the water table has created conditions favoring the invasion of the cypress wetlands by slash pines. Many areas adjacent to the cypress dominated wetlands support these mixed cypress/pine wetlands, with cypress/pine canopy ratios ranging from 70:30 to 40:60. The shrub and groundcover layers in these biotopes support various wetland indicator species such as wax myrtle, red bay (Persea borbonia) , swamp fern, St. John's Wort , small-fruited beak rush (Rhyncospora microcarpa) , morning glory ( Ipomoea spp. ) , and various wetland grasses (Aristida affinis, Xyris spp. ) . In addition, several upland species were noted in these biotopes, indicating a gradual succession to drier conditions caused by the disruption of historical drainage patterns. It is evident that the mixed cypress/pine biotopes are at least seasonally inundated, as lichen and moss lines are found at heights of up to 6" (above mean ground level ) on cypress buttresses and corkwood. In several areas, meandering drainage ruts (dried out at the time of NRMD site visits) expose underlying soils. Soils in these wetlands include Arzell Fine Sand, Charlotte Fine Sand, Keri Fine Sand, and Cypress Swamp Soil . Staff Report R-88-6C EAC Meeting 8/3/88 Page 4 NRMD has identified these mixed cypress/pine biotopes as viable wetlands, and therefore valuable habitats for aquifer recharge, water quality improvement, stormwater abatement, flood mitigation, endangered and threatened species survival , and aesthetic qualities (for further discussion, see Mitsch, W.J. , and J.G. Gosselink, 1986. Wetlands. Van Nostrand Reinhold Co. , N.Y. ) . The vegetation found in these cypress/pine wetlands was described to Dr. Michael J. Duever (Ecosystem Research Unit, National Audubon Society; personal communication with Keith Edwards) . He agreed that such biotopes are functioning wetlands, and that proper restoration of historic hydrological periods would reverse the current successional trend toward upland biotopes. Consequently, these sensitive biotopes merit particular attention, and should be afforded adequate protection in any land alteration activities. PINE FLATWOODS WITH CABBAGE PALM Areas within the central north-south sector of the parcel support a pine flatwoods biotope dominated by slash pine and scattered cabbage palm (Sabal palmetto) , with a sparse understory of palmetto (Serenoa repens) . Additional shrub layer vegetation includes smooth sumac (Rhus copallina) , buckthorn (Bumelia spp. ) , and shiny blueberry (Vaccinium myrsinites) . Rusty lyonia (Lyonia ferruqinea) , fox grape (Vitis spp. ) , and various grass species make up the groundcover layer . Underlying soils in this biotope include Keri Fine Sand and Charlotte Fine Sand. Pines with diameters of up to 12" are found in this area, and the trees are often widely spaced, creating an open canopy. Burn scars were noted on several trunks, and many trees are dead, probably as a result of the intensity of some of the fires. Such a pine-dominated biotope may potentially serve as a foraging site for the endangered red-cockaded woodpecker (Piciodes borealis) . PALMETTO UPLAND Still within the central north-south sector of the property, open palmetto upland areas are found among the pine flatwoods biotopes. These dry areas support extensive palmetto growth, in addition to smooth sumac , rusty lyonia, pennyroyal , and a mixture of grass species. Slash pine and cabbage palm occur infrequently in these open areas, again, possibly as a result of widespread high-intensity burning. Charlotte Fine Sand is the dominant soil type underlying the palmetto habitats. The upland character and sandy substrate of the open palmetto uplands provide favorable conditions for the gopher tortoise (Gopherus polyphemus) , a protected species, although NRMD did not observe any burrows during site inspections. Staff Report R-B8-6C EAC Meeting 8/3/88 Page 5 CABBAGE PALM HAMMOCKS Several slightly raised hammock-like biotopes on site are dominated by cabbage palm, with wax myrtle and saw palmetto understory. Subdominant species include slash pine, dahoon holly, and wild coffee (Psychotria nervosa) . Encroaching Brazilian pepper is usually found in peripheral areas of these hammocks. Several vine species such as grape (Vitis spp. ) , greenbriar (Smilax spp. ) , and poison ivy (Toxicodendron radicans) make up the groundcover layer. These elevated sites are not characterized by one distinct soil type, although Keri Fine Sand is found in several of these areas. OAK HAMMOCK A hammock in the north-central area of the property supports several oak species (Quercus spp. ) , with cabbage palm and smaller understory hardwoods. The oaks range in size from saplings to mature trees with diameters of up to 10 inches. The oaks provide niches for numerous air plants (Tillandsia spp. ) . 4. Archaeology John Beriault, president of the Southwest Florida Archaeological Society, has stated that there is a high probability of archaeological sites in the raised hammock areas on the property (personal communication, June 9, 1988) . An archaeological survey of the parcel should be completed prior to any land alteration. 5. Belle Meade Drainage Basin The subject property is located within the Belle Meade Drainage Basin. The basin includes 49 sections, and drains land around the Golden Gate Estates area (Attachment 4) . Although road and canal construction across the basin has disrupted and diverted historic flow patterns, most water ultimately flows into and feeds the Rookery Bay and Ten Thousand Islands estuarine ecosystem. The Rookery Bay National Estuarine Sanctuary management and staff should be offered a chance to comment on this rezone application. Any proposed development within this basin should address the consequences of further alteration of the flow ways, and the possible effects of such an impact on the estuarine systems maintained by this drainage. 6. Water Management Concerns The Collier County Water Management Department Staff recommended denial of this project to the Water Management Advisory Board. The Board, nevertheless, voted 4-0 during the July 13, 1988 meeting to forward a recommendation of approval to Staff Report R-88-6C EAC Meeting 8/3/88 Page 6 the Collier County Planning Commission. The Water Management Department Staff Report is included as Attachment 5. 7. Collier County Comprehensive Plan Compliance The eastern boundary of the Urban Area designated in the Comprehensive Plan ( 1983) is located one mile east of C.R. 951 . Therefore, the Naples Golf Estates parcel is currently located within this zone. During public hearings for the proposed Comprehensive Plan revisions, there was considerable debate concerning the relocation of this eastern boundary of the Urban Area to the west, to coincide with C.R. 951 . Recently, the one mile strip of Urban Area east of C.R. 951 was designated as a "Study Area" by the Board of County Commissioners, to allow for additional study of the suitability of this area for urban development. RECOMMENDATIONS: The master plan for this petition indicates that extensive development is proposed throughout the mixed cypress/pine wetland biotopes. The Natural Resources Management Department is greatly concerned with the potential adverse impacts which will be imposed on these wetland systems and their resource values by this development. NRMD recommends that a major portion of these mixed cypress/pine forests be preserved and designated as Conservation Areas. This would allow for the protection of most of the wetlands on site, as the petitioner has already agreed to preserve the cypress dominated wetland areas. It is essential that the cypress/pine areas be afforded conservation status comparable to that already assigned to the cypress dominated biotopes. The intrinsic value of these cypress/pine forests to Collier County as viable wetlands systems should be acknowledged and appreciated. Consequently, NRMD recommends denial of this petition as proposed. . � � � . �� Staff Report R-88-6C EAC Meeting 8/3/88 Page 7 9 PREPARED BY: f '_, %• � DATE: 7•2y`88_______ Andrea Stev;.ns, NRMD � ��g REVIEWED BY: DATE: ' " ��____ -�� ----- (NRMD) A777 , � ifi -- -.- ,___, DATE: 7r-- eo Bozo , Acting Dir. , NRMD / ATTACHMENT 1: Naples Golf ?-- -t:1 Estates and surrounding land c uses. v_ see M o >. n N 1 -opo d a v of 6 K. I j4_ v itt. In Q11 3 a4...J H or N o H 1 N �c �' c 41 m *O ' tri irc k7m h 0 H J 1 .a P v t1 et s i 4` QN Da oetc o r ATTACHMENT 2: Species noted during NRMD site inspections. SPECIES LISTS Species listed in approximate order of dominance. *denotes exotic vegetation. CYPRESS DOMINATED WETLANDS: canopy/ understory: Taxodium distichum bald cypress Pinus elliottii slash pine Ilex cassine dahoon holly *Melaleuca quinquenervia cajeput Persea borbonia red bay Myrsine quianensis myrsine shrub layer: Myrica cerifera wax myrtle Stillinqia aquatica corkwood Baccharis halimifolia saltbush groundcover: Aristida affinis poverty grass Panicum hemitomon maidencane Fimbristylis spp. fringe-rushes Hypericum fasciculatum St . John's Wort Juncus bakerii rushes Blechnum serrulatum swamp fern Cladium jamaicense sawgrass Eupatorium capillifolium dog fennel Thelypteris spp. shield ferns Eriocaulon decanqulare hatpins air plants: Tillandsia spp. Encyclia tampensis butterfly orchid BUTTONBUSH/FLAG PONDS: canopy/ understory: Salix caroliniana willow *Schinus terebinthifolius Brazilian pepper Taxodium distichum bald cypress Acer rubrum red maple Annona qlabra pond apple Fraxinus caroliniana pop ash Persea borbonia red bay shrub layer: Cephalanthus occidentalis buttonbush Myrica cerifera wax myrtle Psychotria nervosa wild coffee Baccharis halimifolia saltbush ,••••••.. groundcover: Thalia qeniculata alligator flag annual herbs ATTACHMENT 2: Species noted during NRMD site inspections. SPECIES LISTS Species listed in approximate order of dominance. *denotes exotic vegetation. CYPRESS DOMINATED WETLANDS: canopy/ understory: Taxodium distichum bald cypress Pinus elliottii slash pine Ilex cassine dahoon holly *Melaleuca quinquenervia cajeput Persea borbonia red bay Myrsine quianensis myrsine shrub layer: Myrica cerifera wax myrtle Stillinqia aquatica corkwood Baccharis halimifolia saltbush groundcover: Aristida affinis poverty grass Panicum hemitomon maidencane Fimbristylis spp. fringe-rushes Hypericum fasciculatum St . John's Wort Juncus bakerii rushes Blechnum serrulatum swamp fern Cladium jamaicense sawgrass Eupatorium capillifolium dog fennel Thelypteris spp. shield ferns Eriocaulon decanqulare hatpins air plants: Tillandsia spp. Encyclia tampensis butterfly orchid BUTTONBUSH/FLAG PONDS: canopy/ understory: Salix caroliniana willow *Schinus terebinthifolius Brazilian pepper Taxodium distichum bald cypress Acer rubrum red maple Annona qlabra pond apple Fraxinus caroliniana pop ash Persea borbonia red bay shrub layer: Cephalanthus occidentalis buttonbush Myrica cerifera wax myrtle Psychotria nervosa wild coffee Baccharis halimifolia saltbush ,••••••.. groundcover: Thalia qeniculata alligator flag annual herbs • MIXED CYPRESS/PINE WETLANDS: canopy/ understory: Taxodium distichum bald cypress Pinus elliottii slash pine (these first two species are found at various ratios) Sabal palmetto cabbage palm *Melaleuca quinquenervia cajeput *Schinus terebinthifolius Brazilian pepper Ficus aurea strangler fig Persea borbonia red bay shrub layer: Myrica cerifera wax myrtle Baccharis halimifolia saltbush Serenoa repens saw palmetto *Rhodomyrtus tomentosus downy rosemyrtle groundcover: Aristida affinis poverty grass Rhyncospora microcarpa beak rush Xyris spp. yellow-eye grass Blechnum serrulatum swamp fern Cladium jamaicense sawgrass Vitis spp. grape Hypericum fasciculatum St. John's Wort Hypericum cistifolium St. John's Wort Thelypteris spp. shield ferns Ipomoea spp. morning glory Pluchea odorata fleabane Fuirena scirpoidea rush fuirena Eupatorium mikanioides semaphore eupatorium air plants: Tillandsia spp. PINE FLATWOODS WITH CABBAGE PALM: canopy/ understory: Pinus elliottii slash pine Sabal palmetto cabbage palm shrub layer: Serenoa repens saw palmetto Lyonia ferruqinea rusty lyonia Rhus copallina smooth sumac Bumelia spp. buckthorn Vaccinium myrsinites shiny blueberry groundcover Poaceae family grass species Vitis spp. grape Piloblephis rigida pennyroyal Phlebodium aureum snake fern Pteridium aquilinum bracken fern air plants: Vittaria lineata shoestring fern • MIXED CYPRESS/PINE WETLANDS: canopy/ understory: Taxodium distichum bald cypress Pinus elliottii slash pine (these first two species are found at various ratios) Sabal palmetto cabbage palm *Melaleuca quinquenervia cajeput *Schinus terebinthifolius Brazilian pepper Ficus aurea strangler fig Persea borbonia red bay shrub layer: Myrica cerifera wax myrtle Baccharis halimifolia saltbush Serenoa repens saw palmetto *Rhodomyrtus tomentosus downy rosemyrtle groundcover: Aristida affinis poverty grass Rhyncospora microcarpa beak rush Xyris spp. yellow-eye grass Blechnum serrulatum swamp fern Cladium jamaicense sawgrass Vitis spp. grape Hypericum fasciculatum St. John's Wort Hypericum cistifolium St. John's Wort Thelypteris spp. shield ferns Ipomoea spp. morning glory Pluchea odorata fleabane Fuirena scirpoidea rush fuirena Eupatorium mikanioides semaphore eupatorium air plants: Tillandsia spp. PINE FLATWOODS WITH CABBAGE PALM: canopy/ understory: Pinus elliottii slash pine Sabal palmetto cabbage palm shrub layer: Serenoa repens saw palmetto Lyonia ferruqinea rusty lyonia Rhus copallina smooth sumac Bumelia spp. buckthorn Vaccinium myrsinites shiny blueberry groundcover Poaceae family grass species Vitis spp. grape Piloblephis rigida pennyroyal Phlebodium aureum snake fern Pteridium aquilinum bracken fern air plants: Vittaria lineata shoestring fern PALMETTO UPLAND: canopy/ understory: Pinus elliottii slash pine Sabal palmetto cabbage palm shrub layer: Serenoa repens saw palmetto Rhus copallina smooth sumac Lyonia ferruqinea rusty lyonia groundcover: Vitis spp. grape Piloblephis rigida pennyroyal CABBAGE PALM HAMMOCKS: canopy/ understory: Sabal palmetto cabbage palm Pinus elliottii slash pine *Schinus terebinthifolius Brazilian pepper Ilex cassine dahoon holly Ficus aurea strangler fig Persea borbonia red bay Myrsine quianensis myrsine Morus rubra red mulberry shrub layer: Myrica cerifera wax myrtle Serenoa repens saw palmetto Psychotria nervosa wild coffee Chrysobalanus icaco coco plum Ilex qlabra gallberry Baccharis halimifolia saltbush groundcover: Vitis spp. grape Blechnum serrulatum swamp fern Smilax spp. greenbriar Toxicodendron radicans poison ivy Pluchea odorata camphor weed Parthenocissus quinquefolia Virginia creeper Phlebodium aureum snake fern Pteridium aquilinum bracken fern air plants: Vittaria lineata shoestring fern PALMETTO UPLAND: canopy/ understory: Pinus elliottii slash pine Sabal palmetto cabbage palm shrub layer: Serenoa repens saw palmetto Rhus copallina smooth sumac Lyonia ferruqinea rusty lyonia groundcover: Vitis spp. grape Piloblephis rigida pennyroyal CABBAGE PALM HAMMOCKS: canopy/ understory: Sabal palmetto cabbage palm Pinus elliottii slash pine *Schinus terebinthifolius Brazilian pepper Ilex cassine dahoon holly Ficus aurea strangler fig Persea borbonia red bay Myrsine quianensis myrsine Morus rubra red mulberry shrub layer: Myrica cerifera wax myrtle Serenoa repens saw palmetto Psychotria nervosa wild coffee Chrysobalanus icaco coco plum Ilex qlabra gallberry Baccharis halimifolia saltbush groundcover: Vitis spp. grape Blechnum serrulatum swamp fern Smilax spp. greenbriar Toxicodendron radicans poison ivy Pluchea odorata camphor weed Parthenocissus quinquefolia Virginia creeper Phlebodium aureum snake fern Pteridium aquilinum bracken fern air plants: Vittaria lineata shoestring fern OAK HAMMOCK: canopy/ understory: Quercus spp. oaks Sabal palmetto cabbage palm Myrsine quianensis myrsine *Schinus terebinthifolius Brazilian pepper Persea borbonia red bay Diospyrus spp. persimmon shrub layer: Psychotria nervosa wild coffee Serenoa repens saw palmetto groundcover: Verbesina virqinica frostweed air plants: Tillandsia spp. Encyclia tampensis butterfly orchid OAK HAMMOCK: canopy/ understory: Quercus spp. oaks Sabal palmetto cabbage palm Myrsine quianensis myrsine *Schinus terebinthifolius Brazilian pepper Persea borbonia red bay Diospyrus spp. persimmon shrub layer: Psychotria nervosa wild coffee Serenoa repens saw palmetto groundcover: Verbesina virqinica frostweed air plants: Tillandsia spp. Encyclia tampensis butterfly orchid 0) w rd ATTACHMENT 3 : NRMD Vegetation Map Ed H .-- (approximate delineations 0 rd 3 0 E w only) 3 s~ rd a s~ H U O W •H 4-1 •H E +) bl a ,- m E rd mi \ O -I-) 'ti \ rci H --- S~ u) 4 U) E~ o O •• H O E S O O 4ii U) P: O H r-I O rd U) al Q 3rd rd U a ung O � aao H W O Oro � w tr) tY) rd r--- +J U D W rd d 4 Z 0 >1 H 0 H� A .1 x U ,Q E 5 rd •H rci M rd im I I I fx R; P. O O O z U) z I I I I AWN O W O L s FC W ELME i-.41Za � � cn Q z Ca o w P4H14 a U, L 7 Z \ U Q s Q 14 a O 3 E Q K44 Qa 3 � e w oa 14 M PQ w3 x N N < wrw� w � � Z cn w � a Haz U O Q HZ. / 91: IC)PP .117 r4 121 K U Q a 11694 Z H O ZCr) I O W C Ca Z L C7 Q Z °x ° KC � KC Ng a Q � Er.a m . EUi z a P U) 0 cf.,H ww < w Fw < w Fw z W w ws a % U asxa; za a• wa3 El /-,- 44 : gp FC -• CW7 U HH UW U X0 a Q 3 U cK. v1 a o + .. rr 0 -_ W Q '� f H F4 41 a >4 < CO wU) �yV P-1 14 V.-- X ,,, a, v a U U) H Ca O W 0 a qW W WZ < cn U << cn W w3 � P4Ha • q Wza U) 0 < X M a X P En z a H P U) Z FC H W ,-I r ' >-1O W Q W aC W Ca W <EZ WW C UQ3 ELI P4 Ell a 41 (244114 < a,,� -K H>4HWFC H �+ H W H U asa ZUO4 va3 '_15 25 / 10 't` ' ATTACHMENT 4 : Belle Meade ..___________--6-,____--c- Drainage Basin / cpp�S 0,%\N cu \ I / 2 5 \ - 15 � y --�•,-/ IMPERIAL RIVER BASIN \ / 5t0 I I e I 1 LEE COUNTY 1� I / s•; I \ \ ) COLLIER COUNTY 1. I \ H / ' / / COCOHATCHEE RIVER r.. I / BASIN / \10 15 5 f Q�vEQ / 00 // '1 • 10 ‘0 proposed Naples / „v.\t�� / QGolf Estates ` 5 Qc' // I / NAPLES NI- !/G /0 / / 4�e' \ w fl ,t, l1B 5 i N ors , 0 t jAht s _ --- ,233 oo,v3 i ,-, 'ii SOURCE : Tabb , D.C . , E.J. Heald, T.R. Alexander, M.A. Roessler, and G.L. Beardsley . 1976 . An ecological and hydrological assessment of the Golden Gate Estates drainage basin, with recommendations for future land use and water management strategies . Tropical Bioindustries Development Co . 178 pp . ATTACHMENT 5 : Water Management Dept. Staff Report for Naples Golf Estates. 1Ll..•1 A WATER MANAGEMENT ADVISORY BOARD MEETING OF JULY 13, 1988 I. NAME OF PETITIONER/PROJECT: Manufactured Housing Associates, Inc. Wilson, Miller, Barton, Soil & Peek, Inc.; Agent Rezone Petition No. R-88-6C -- "Naples Golf Estates" P.U.D. II. LOCATION: Section 2, Township 50 South, Range 26 East; Southeast corner of the intersection of CR-951 and SR-84. III. PROJECT DESCRIPTION: "Naples Golf Estates" is a planned community including a mixture of residential uses, recreational, conservation, and water management /"s facilities, and commercial facilities. There are 790 living units scattered on 162 acres along the golf course that meanders between the uplands that exist in this property. Plan of Record: "Naples Golf Estates" Water Management Plan, Exhibit 'E'", prepared by Wilson, Miller, Barton, Soll & Peek, Inc. , dated February 1988, no revision. IV. STAFF COMMENTS: Of the total project area of 614 acres, approximately 317 acres will be retained as Conservation/Open Space in an unaltered condition. The developed portion of the property will have a conventional surface water management system to provide water quality & quantity treatment of project runoff independent of the adjacent wetland systems. Staff is greatly concerned that construction in this flood prone area will adversely impact downstream properties because of the grossly inadequate condition of the CR-951 borrow canal (Henderson Creek) . Staff is recommending that the one mile wide strip along the east side of CR-951 be removed from the designated urban area until the 2nd - 5 E4. i year capital improvement program can properly upgrade the water management outlet systems in this area. Staff is also concerned about excess runoff reaching the CR-951 canal . Petitioner shall ensure that the on-site detention system does not t degrade the existing wetland systems by diverting sheetflow from the ` wetlands to the CR-951 canal. E'er r4 t ,r ai s •. 1h_ 2 ,44! s 3 Staff Report "Naples Golf Estates" PLD Pagg. V. RECOMMENDATIONS: Staff recommends denial of Rezone Petition No. R-88-6C -- "Naples Golf Estates" P.U.D. Should the W.M.A.B. disagree in this recommendation for denial, Staff recommends that the following stipulations be placed upon their approval: 1. The water management system shall be redesigned to take into consideration the loss of historical basin storage on this property and to provide for zero discharge from the project site. 2. Detailed site drainage plans reflecting revised conceptual water management approval from S.F.W.M.D. shall be submitted to W.M.A.B. for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the W.M.A.B. and S.F.W.M.D. 3. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 88-26. r .-_ ,. -.L.4,•@«5"av�e .. 'zT�rr. w�., . �:say.�rsay ...cv�.vm ..s...,.a.,-. a. ....,..--.......�..._.�.�e...,.�"c" �, -.,.T.. ., - -^- ;�.�%r». ..sw-_... ;�.. ,...-._,.r«.+..`arw,C:d "'S'. «�"-'.,�." .F +..i't!.A -....t'a3Y.'.166F. .± C.h�" ��' � n y ,s1.4 l € r r- "arm- wr '.C�t-4, { -u+s Fn worn r - sr— ka'S' m�` '+�s 4arF adxza�$G'_L l'rh € 5h